ICANN Should Not Ululate Over “Booking.com” IRP Outcome: Decision Exposes Failure of Accountability

The IRP Panel that was tasked with deciding the Booking.com vs. ICANN IRP that was filed regarding the application for the .hotels new gTLD name has made a decision that seems favorable to ICANN as the Defendant. However, this is not a victory for ICANN but an indictment of the ICANN procedures and accountability systems which are widely viewed as detrimental to new gTLD applicants. more

Registration of Generic Names: Advocate General’s Opinion Before the Court of Justice of the EU

One of the most debated questions at the time of the opening of the .eu Top-Level Domain (TLD) was whether or not it was possible to register names on the basis of prior rights on signs which include special characters, such as an ampersand. The Advocate General of the Court of Justice of European Union has just published his opinion (4 years later...) more

WIPO’s UDRP ‘Overview’ Gets Bigger (and Better)

Just as the number of domain names and domain name disputes have expanded significantly in recent years, so, too, has WIPO's "Overview," which has been updated to address the growing complexity of cases under the Uniform Domain Name Dispute Resolution Policy (UDRP). WIPO has just published the third edition of its "WIPO Overview of WIPO Panel Views on Selected UDRP Questions" -- commonly referred to as "WIPO Jurisprudential Overview 3.0." more

Delayed Enforcement Blocks Domain Name Lawsuit: Southern Grouts v. 3M

I'm often baffled by lawsuits over domain names and keywords because they just don't seem to make any economic sense. This lawsuit is especially perplexing given the plaintiff's delays and the seeming impossibility of the plaintiff reaching a profitable outcome, even if it won in court. What was the plaintiff thinking? more

Kentucky Governor: All Your Gambling Sites Belong to Us

According to news reports, the governor of Kentucky has filed a suit in state court to seize 141 gambling domain names. His claimed authority is a 1974 law against "gambling devices", on the theory that a domain is a "device", and online gambling is taking money away from in-state horse racing and the lottery. The judge sensibly has said that he doesn't understand all the issues, and has given all sides a week to submit briefs. more

i2Coalition and The Domain Name Association Announce Their Intent to Merge

The Internet Infrastructure Coalition (i2Coalition) and The Domain Name Association (DNA) have announced their intent to merge, forming the largest Internet infrastructure advocacy group in North America. more

Split UDRP Decisions on (Almost) Identical Domain Names

A company called Rocketgate PR LLC, which owns a U.S. registration for the trademark ROCKETPAY, filed two UDRP complaints on the same date against two different domain name registrants - for the domain names and . (The only difference is that the latter domain name is plural.) In both cases, the disputed domain names were associated with inactive websites. The UDRP cases were assigned to two different panelists, who issued their decisions one day apart. more

Why Telcos Don’t Get Networks

I've posted to SSRN my paper on why most telecom companies, even though they operate networks, don't appreciate the fundamental business dynamics of network structures. This will be a chapter in a book Wharton is publishing on network-based strategies and competencies. In the paper, I describe two views on telecom and Internet infrastructure... more

The Front Running Class Action Suit

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

Metrics for New gTLDs Performance

The essay describes six groups of gTLD performance indicators: (1) the presence of a secondary market; (2) uses of second-level domain names; (3) the identity of the owners of parked and not-in-use domain names; (4) domain name renewals; (5) the market size of the supporting complementary assets; and (6) the character of the person in charge of a given registry. A time-trend of these indicators would convey any price inefficiencies and bubbles, and the health of the industry. more

Colorado Has a New Spam Law

The governor of Colorado recently signed a new anti-spam law [PDF] into effect. Since CAN SPAM draws a tight line around what states can do, this law is mostly interesting for the way that it pushes as firmly against that line as it can. Other observers have already done a legal analysis of the way it's worded to avoid being tossed out as the Oklahoma law was in Mummagraphics, and to make it as easy as possible for suits to meet the falsity or deception limits in CAN SPAM. To me the most interesting part of this law is its one-way fee recovery language... more

Dispersing a DDoS: Initial Thoughts on DDoS Protection

Distributed Denial of Service is a big deal -- huge pools of Internet of Things (IoT) devices, such as security cameras, are compromised by botnets and being used for large scale DDoS attacks. What are the tools in hand to fend these attacks off? The first misconception is that you can actually fend off a DDoS attack. There is no magical tool you can deploy that will allow you to go to sleep every night thinking, "tonight my network will not be impacted by a DDoS attack." more

Next Generation gTLD Registration Directory Services (NG RDS) - Proposed Successor to WHOIS

The information in WHOIS database is very important to Law Enforcement Agencies, Intellectual Property Owners, and all Internet Users in general, who use this data to locate/contact domain name owners for various purposes including but not limited to enforcing laws or addressing grievances related to cybercrime and other cases of DNS abuse like Spam, Phishing, Malware etc. However, Privacy and Proxy Services are also available for many Top Level Domain Registries... more

NTIA Issues RFC, Asks for Input on Dealing With Botnets and DDoS Attacks

NTIA issued a Request for Comments today asking for broad input from "all interested stakeholders, including private industry, academia, civil society, and other security experts," on actions against botnets and distributed attacks. more

President of Name Intelligence Responds to WLS Issue

Part of the stated reason for the high price point stated by Verisign was to "deter domain speculators" with a price that was high. If the price was set at $1, they claim, speculators would buy all the WLS subscriptions before any other people. So if Verisign is trying to really deter domain speculators then why are they not releasing information on who owns a WLS? Or limiting the number of WLS that a person can have. Seems like a shallow argument if the only deterring thing is raising more money for the Verisign monopoly rather than setting limits... more