Declaring and Declining to Find Reverse Domain Name Hijacking

What to one panelist is clearly bad faith conduct in filing a UDRP complaint, to another is excusable for lack of proof. The disagreement over reverse domain name hijacking centers on the kind of evidence necessary to justify it and the nature of the burden. RDNH is defined as "using the UDRP in bad faith to attempt to deprive a registered domain-name holder of a domain name." Rule 1, Definitions. more

Facebook Used VPN App to Collect Competitive Data on App Usage, According to Reports on Leaked Docs

U.K. Parliament today released 250 pages of internal emails between Facebook and other tech companies regarding accessing user data through the social network's system. more

The Path to Combatting Domain Abuse

Completely eradicating malware, botnets, phishing, pharming, and spam from the Domain Name System is not possible. That may be an odd statement from someone who just took the leadership position at the DNS Abuse Institute, but it's meant to underscore the scope of the work ahead of us. There will always be bad actors exploiting the DNS for their own criminal purposes, but working together, we can mitigate their impact. more

EU “Fair Share” Contagion: Caribbean Telecoms Operators Seek to Deepen Their Monopoly Strangleholds

On Friday, 23rd June, Caribbean telecommunications operators (telcos) held a meeting in Miami to fine tune their strategy to force Big Tech companies to contribute financially to regional telecoms network infrastructure. Hosted by the Caribbean Telecommunications Union (CTU), and taking a similar perspective to the "fair share" proposal currently being debated in the European Union, regional network operators are arguing that over-the-top (OTT) service providers are responsible for 67 percent of the total Internet traffic in the Caribbean, but make no contributions or investments toward local delivery networks. more

New gTLD Program to Be Finalized After June ICANN Meeting

Today, in a presentation made to attendees of the McCarthy Institute Symposium, Peter Dengate Thrush, ICANN Chair, announced that the Final New generic Top-Level Domain (gTLD) Applicant Guidebook would be completed after the ICANN Meeting in Amman, Jordan which is scheduled for June 19 - 24, 2011. more

Request to Extend the 24-Day Comment Period on the Proposed VeriSign Agreement

Bruce Tonkin (MIT) wrote in the Registrars mailing list yesterday with this: "We the undersigned registrars, request that the public comment period on the proposed agreement with Verisign be extended until Sunday 4 Dec 2005 so as to allow opportunities for in-person public discussions during the upcoming ICANN meeting in Vancouver..." In terms of process, the Registrar Constituency (RC) by-laws prevent the RC from balloting on anything in less than 24 days, and ICANN could require the interest groups it recognizes to have decision making processes that are capable of responding to the Board of Director's decision making process, in a better administrative law world. more

UDRP and the Law: Should Cybersquatting be the Default View?

I have returned to the subject of the title on a number of occasions and it is worth revisiting. Like judicial proceedings, the substance of disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) and Panel determinations are publicly available. The Internet Corporation for Assigned Names and Numbers (ICANN) mandates in its Rules that all decisions must be delivered to the parties within "three business days" of their receipt of the decision and posted on providers' websites. more

How a Plaintiff Was Undeceived and Lost at Spam Litigation - What Nobody Told You About!

Back in 2003, there was a race to pass spam legislation. California was on the verge of passing legislation that marketers disdained. Thus marketers pressed for federal spam legislation which would preempt state spam legislation. The Can Spam Act of 2003 did just that... mostly. "Mostly" is where litigation lives. According to the Can Spam Act preemption-exception... more

The Mosque and the Bazaar: Islam, ICANN, and the New gTLD Program

The launch of the new gTLD program in January, 2012 was undoubtedly one of the finest moments for ICANN; and rightly so. The launch was a culmination of thousands of hours of hard work by thousands of people from various countries, interests, and walks of life. In the end, a 338-page Applicant Guidebook with details about how the new gTLD program was to be implemented was produced. Thus was set the stage for the greatest cyberland rush in history. more

Microsoft, Fortra, and Health-ISAC Take Legal Action Against the Abuse of Cobalt Strike to Combat Ransomware Attacks

A group of companies, including Microsoft, have collaborated to launch a major action to disrupt the use of cracked, legacy copies of the security tool Cobalt Strike which cybercriminals have abused to deploy ransomware. more

The Death of IP Based Reputation

Back in the dark ages of email delivery the only thing that really mattered to get your email into the inbox was having a good IP reputation. If your IP sent good mail most of the time, then that mail got into the inbox and all was well with the world. All that mattered was that good IP reputation. Even better for the people who wanted to game the system and get their spam into the inbox, there were many ways to get around IP reputation. more

The Internet Community Says Thank You to ICANN for New TLDs

After more than six years of consultation and negotiation regarding the New Top-Level Domain Program, the ICANN Board this week approved the program to the pleasure of many within the Internet community. For this, we say thank you to ICANN on a job well done! The New Top-Level Domain (TLD) Program has been controversial at times and has fuelled many passionate debates within the Internet community. more

Euro 2020 Part Two: eCommerce Marketplace Activity

Following our previous article on the Euro 2020 football tournament that looked retrospectively at domain name registrations relating to the competition, this article considers activity on eCommerce marketplaces. For this study, our Discovery Engine technology was used to conduct a regular series of scans across key international online marketplaces. We monitored for listings (offers of sale) relating to Euro 2020 clothing and merchandise. more

The Real Threat to the Single Root of the Internet Seems to Come from ICANN Itself, of All Places

The proposed final Guidebook for the New generic Top-Level Domains (gTLDs) and Internationalized Domain Name (IDN) gTLDs contains elements that raise grave risks to the ICANN single root of the Internet caused by none other than ICANN itself. Below is my intervention at the ICANN Cartagena Public Forum today. ICANN President and CEO Mr. Rod Beckstrom was prompt to reply and acknowledge the validity of my statement adding that ICANN is fully aware of the problem. more

Voluntary Collective Licensing of Brand-Sharing Domain Names

The essay outlines a market-driven and value-adding solution to brand use in domain names. The solution relies heavily on the Electronic Frontier Foundation's remedy to music file sharing. I propose its adoption for new registrations and renewals. Brand sharing in domain names is here to stay; desperate attempts to stop it through legal action are ineffective and will do nothing but destroy value. more