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I saw an interesting news item that broke Monday courtesy of DomainNameNews and SlashDot that hasn't been broadly covered yet. I'm surprised no one has posted on this yet on CircleID, so here goes. Apparently VeriSign has been awarded a patent for the resolution of mis-typed domain names. This was at the heart of the controversy back in 2003 around their SiteFinder Service. Amidst a storm of criticism ICANN insisted VeriSign shut down the service, and the company eventually agreed. more
The ICANN Generic Names Supporting Organization has had tasting on its agenda since last fall, with a staff report issued in January, and a proposed anti-tasting policy written in March. On Thursday the 17th, the GNSO put the proposed policy to a vote, and it passed overwhelmingly. Under ICANN rules, the ICANN board has to take up the resolution at its next meeting, and since it was approved by a supermajority, it becomes ICANN policy unless 2/3 of the board votes against it, which in this case is unlikely. more
As expected, VeriSign raised the price of domain names, effective in October. New prices wholesale prices (to the registrar) for .com domain names are going from $6.42 to $6.86, while .net will increase from $3.85 to $4.23. This news came a few days ago in a letter to registrars. (Hint to consumers: renew your domains now.) ...So, basically, many if not most of VeriSign's registry costs have been falling at an exponential rate. Hard disk storage, computing performance, bandwidth, RAM storage... yet the cost is going up. How is this justified? more
Earlier this week, we inserted eleven new top-level domains in the DNS root zone. These represent the term "test" translated into ten languages, in ten different scripts (Chinese is represented in two different scripts, and Arabic script is used by two different languages). This blog post is not about that. (If you're interested about it, read our report on the delegations.) What I would like to talk about is some of the difficulties we face today in expressing scripts in a consistent way over the Internet... more
The Internet Commerce Association (ICA) has posted a position paper and analysis of S. 2661, introduced on 2/25/08 in the US Senate. While we are firmly opposed to phishing and other criminal activities that may utilize domain names we are very concerned about the provisions of the proposal that appear to provide trademark owners with a means to avoid both UDRP and ACPA actions and alternatively bring private claims against domain names with a lower burden of proof and the potential for far higher monetary damages, without even requiring an allegation that the DN was in any way being utilized in a phishing scheme... more
Several people pointed out that although the suit still hasn't appeared in PACER, copies of the complaint are available online, including this one [PDF] at Lextext. Having read it, I'm rather underwhelmed... I do not purport to be a lawyer (nor do I usually play one on the net), but it's hard to see how the facts, which are not in serious dispute, would support any of these charges. more
This post is based on the scenario that a trademark.tld domain name is registered with a UK ICANN accredited registrar, (they have an exclusive UK jurisdiction clause in their contracts), the trademark.tld criticism website located at that domain name is strictly non-commercial, the servers are located in the UK, and the registrant is a British citizen. In the above circumstances, the corporations and/or their lawyers are taking a big risk when they use the Domain Name Dispute Resolution Policies (UDRP) in order to silence criticism at trademark.tld. more
In a recent press release, Los Angeles law firm Kabateck Brown Kellner says it's filed a class action suit against Network Solutions and ICANN for front running. (If you tuned in late, NetSol admits that if you query a domain name on their web site, they will speculatively register it so that it's only available through NetSol for five days, at their above market price.) This is a very peculiar suit... For one thing, it's hard to see how the total class damages would be large enough to be worth a suit... more
At last week's meeting, the ICANN board uncharacteristially did something and voted to make their fee of 20 cents per domain-year nonrefundable. They expect this to stop both domain tasting and NSI's frontrunning, which it certainly will. It's not clear when this change will go into effect, but it might be within a month. more
Patent practitioners are familiar with the long-honored practice of engaging in standards-setting activities with the aim of having the standard ultimately require the use of one's proprietary technology. This practice is no longer limited to patents, but has become the game the whole family can play. While most standards-setting organizations have caught on, and have implemented IP disclosure policies, ICANN has not done so... As some are aware, the question of making single-character domain names available has been a perennial topic of discussion within ICANN, championed by a few who have quietly been engaged in some interesting advocacy within the USPTO along a parallel track. more
In response to accusations lodged yesterday in a post on the DomainState forum, NSI has issued a statement which essentially admits that it engages in a form of domain front running. No one has challenged domain Front Running by registrars in the courts, likely because the practice is new and since the loss of a single domain would not typically generate a level of damages to support litigation. But litigation over this arguably fraudulent domain practice by registrars is both viable and likely inevitable... more
I wrote this history and analysis of domain tasting for the ICANN Business Constituency membership. It's by no means perfect but I thought I'd share it with those who would like a bit more color on the subject. "Present day 'Domain Tasting' has its roots in 2001 and 2002 when a small group of ambitious domain registrants persuaded two registrars to allow them to register large blocks of domain names for the purpose of establishing which names garnered type-in traffic..." more
How prevalent is cybersquatting and typosquatting? Take a look at www.wipo.com, and then compare it with the World Intellectual Property Organization's web site www.wipo.org. Ironically, the WIPO Arbitration and Mediation Center handles a majority of the UDRP domain dispute arbitrations internationally. The very organization which is invested with the authority by ICANN to resolve cybersquatting and typosquatting disputes internationally under the UDRP is, by all appearances, being squatted. Here are two apparent typosquatters... more
After looking at the state of DNSSEC in some detail a little over a year ago in 2006, I've been intending to come back to DNSSEC to see if anything has changed, for better or worse, in the intervening period... To recap, DNSSEC is an approach to adding some "security" into the DNS. The underlying motivation here is that the DNS represents a rather obvious gaping hole in the overall security picture of the Internet, although it is by no means the only rather significant vulnerability in the entire system. One of the more effective methods of a convert attack in this space is to attack at the level of the DNS by inserting fake responses in place of the actual DNS response. more
Dell filed a suit in Florida in early October against a nest of domain tasters in Miami, widely reported in the press last week... The primary defendant is a Miami resident named Juan Vasquez, doing business as several registrars called BelgiumDomains, CapitolDomains, and DomainDoorman, as well as a whole bunch of tiny companies of unknown authenticity... Those registrars have an egregious history of domain churning. I gave a talk on domain tasting at MAAWG in October in which I picked out the registrars who churned the most domains from the May registrar reports, and those three were the worst, each having registered about 500,000 domains, refunded over 10 million... more
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