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The ICANN Board voted today 9-5, with Paul Twomey abstaining, to reject a proposal to open .xxx. This is my statement in connection with that vote. I found the resolution adopted by the Board (rejecting xxx) both weak and unprincipled... I am troubled by the path the Board has followed on this issue since I joined the Board in December of 2005. I would like to make two points. First, ICANN only creates problems for itself when it acts in an ad hoc fashion in response to political pressures. Second, ICANN should take itself seriously as a private governance institution with a limited mandate and should resist efforts by governments to veto what it does. more
The new year is upon us and it's time for our annual look at CircleID's most popular posts of the past year and highlighting those that received the most attention. Congratulations to all the 2016 participants and best wishes to all in the new year. more
Record-breaking domain sales, acquisitions, and growing industry credibility all highlight a critical year for the domain name industry. The domain name industry had a heck of a year. It's impossible to rank the top news stories of 2006, but I'm going to make an attempt... Let's talk about it before the end of the year; then let's look forward to a fantastic 2007. more
When ICANN implemented the Uniform Domain Name Dispute Resolution Policy (UDRP) in 1999, it explained its purpose as combating "abusive registrations" of domain names which it defined as registrations "made with bad-faith intent to profit commercially from others' trademarks... Bad actors employ a palette of stratagems, such as combining marks with generic qualifiers, truncating or varying marks or by removing, reversing, and rearranging letters within the second level domain (typosquatting). more
Someone recently observed that many stakeholders have fallen victim to a "chilling effect" resulting from fear of retaliation by the rich and powerful bullies currently infecting the multistakeholder community, ICANN, and Internet governance. I related to what I was hearing because I've been personally targeted and libelously attacked and it is deeply dismaying enough having to worry about threats to revenue and reputation along with other harmful effects of such thuggery. more
Most of us would be put off if a court issued a press release cheering the number of prisoners its judges had put behind bars or the number of tenants it had helped landlords to evict. That seems antithetical to the neutral adjudication of disputes, and ethical rules regularly decry such "appearance of bias." Yet WIPO seems to think it perfectly natural to crow about its arbitrators' favoritism for complainants against "cybersquatters" in UDRP proceedings. It issued a release that reads like a solicitation for trademark claimants' business, not a promotion of neutral arbitration services... more
For the benefit of trademark owners, ICANN has something called the UDRP (Uniform Dispute Resolution Process) that allows the owner to file a complaint against an allegedly infringing domain name, to be resolved by one of a small set of arbitrators. About 90% of UDRP cases that proceed to a decision are decided in favor of the complainant; opinions differ as to whether that's because of the merit of the complaints or the institutional bias of the arbitrators. more
One of the most profoundly disruptive developments occurring in the cyber security arena today is the headlong rush by a set of parties to ubiquitously implement extreme End-to-End (e2e) encryption for communication networks using essentially unbreakable encryption technology. A notable example is a new version of Transport Layer Security (TLS) known as version 1.3. The activity ensues largely in a single venue... more
We Internet users, who either own domain names or have an interest in the domain name system, wish to object to the VeriSign's Site Finder system. We believe that the system: 1) Breaks technical standards, by rewriting the expected error codes to instead point to VeriSign's pay-per-click web directory, and threatens the security and stability of the Internet; 2) Breaks technical standards affecting email services, and other Internet systems... more
A recent clarification to draft domain name regulations by China's Ministry of Industry and Information Technology (MIIT) indicates greater engagement and openness with the domain name market, not a contraction as some had feared. Following the MIIT's announcement on March 25th 2016, the same Ministry issued a clarification on Wednesday March 30th stating that its new draft regulations will not affect any foreign enterprises or foreign websites from resolving in China. more
Steve DelBianco did a great job of discussing the rocky relationship between ICANN's Government Advisory Committee (GAC) and the Board of Directors, in his piece entitled ".XXX Exposes the Naked Truth for ICANN". I've been keeping an eye on the adult industry press to see what their reaction is to the .XXX debacle. But before we start, let's get something out of the way. more
The resale of genuine products presents particular difficulties in domain name disputes, testing the application of fair use doctrine. Several domain name disputes involving the resale of event tickets illustrate the point. I served as a panelist in one such case The Orange Bowl Committee, Inc. v. Front and Center Tickets, Inc., D2004-0947 (WIPO 2005). The decision, which issued with a dissent, explored fair use in the domain name context and addressed several related ticket resale disputes. more
If you have rules and regulations but don't enforce them then there's little point in having any rules or regulations in the first place. One of the criticisms that is often leveled at ICANN is with regard to compliance issues. There are a number of areas where ICANN accredited registrars may be flounting the rules, but if nobody does anything about it then none of the registrars will have any incentive to actually comply. more
In the final part of this 3-part series article, the issue of UDRP in proving bad-faith domain registrations that are held passively is examined with respect to the trademark's characteristics. The registrant's attitude could in some circumstances also be regarded as evidence of bad faith use of a domain name that is held passively. Panels often infer evidence of bad faith of the registrant from an unsatisfactory response or an absence of response to the complainant or if it is impossible to contact the respondent. more
This may or may not come as a shock to some of you, but ICANN's contract with the Domain Name Registrars, in terms of WHOIS inaccuracy is not enforceable. Bear with me. The ability of ICANN to enforce against a Registrar who fails to correct or delete a domain with false WHOIS does not exist. more
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