Critical Look at New gTLD Registries’ Tactics

This post outlines some faulty decisions by new gTLD registries. The purpose is to guide future expansions and, hopefully, adjust some of the decisions that current registries have adopted, including demand prediction, pricing, marketing, doing good versus not doing good, and launch date... GTLDs that have no competition do not need to race to launch. They have the luxury of waiting to better assess prices and postpone investments in capacity. more

The Suitable Defendant Rule: In Rem Jurisdiction under the ACPA

The Anticybersquatting Consumer Protection Act (ACPA) creates two distinct avenues by which mark owners may seek a remedy for cybersquatting. A person who is a suitable defendant under 15 U.S.C. §1125(d)(1)(A) is one over whom the court has in personam jurisdiction. However, if the mark owner is "not able to obtain in personam jurisdiction over a person who would have been a defendant" in the ACPA action, then "[t]he owner may file an in rem civil action against a domain name in... more

The Future of .COM Pricing

When you've been around the domain industry for as long as I have, you start to lose track of time. I was reminded late last year that the 6-year agreement Verisign struck with ICANN in 2012 to operate .com will be up for expiration in November of this year. Now, I don't for a second believe that .com will be operated by any other party, as Verisign's contract does give them the presumptive right of renewal. But what will be interesting to watch is what happens to Verisign's ability to increase the wholesale cost of .com names. more

The $100 Billion National Broadband Plan for America

The new Biden Administration in the USA laid out a $100 billion proposal for broadband investment as part of its $2 trillion+ infrastructure plan. Under the proposal, the plan is to provide national broadband coverage. The Administration will use better competition measures, such as price transparency, the use of public utility infrastructure, and subsidies for low-income households to achieve its goals. more

Fraudulent Transfer: Recovering Stolen Domain Names

Either because of laxness on the part domain name holders or cunning on the part of thieves, registrars have been duped into transferring domain names to fraudsters' accounts. I discussed the matter last year in Recovering Domain Names Lost to Fraudulent Transfer. These cases are mostly filed in the Eastern District of Virginia, Alexandria Division, for the good reason that the registry for dot com is located in that jurisdiction and they are mostly recovered. more

Gmail Is Blocking 100 Million More Spam Messages Every Day With AI, Says Google

Google says it is now blocking close to 100 million more spam messages daily following the recent implementation of TensorFlow, its in-house open-source machine learning AI framework. more

False Expectations: Attorney’s Fees and Statutory Damages in ACPA Actions

There is a degree of dread in the investor community that prized domain names will be forfeited to trademark owners in proceedings under the Uniform Domain Name Dispute Resolution Policy (UDRP). Since the UDRP has no internal appeal mechanism to correct errors of law or judgment, the sole recourse is an action in a court of competent jurisdiction as spelled out in UDRP paragraph 4(k). In the U.S., this would be a district court under the Anticybersquatting Consumer Protection Act (ACPA). more

Implications of ICANN’s New TLD Disqualification Policies and Cybersquatting 3-Strike Law

ICANN's proposed final applicant guidebook unraveled some new policies that would disqualify applicants from the new TLD program. ICANN states that if you lose 3 UDRP cases, you will be disqualified from being a major shareholder, partner, officer, director of a new top-level domain registry... Has ICANN opened a new can of worms with the 3-strike rule? more

Google Reports 18 Million Daily COVID-19 Related Malware, Phishing Emails Per Day

During the last week, Google says it has been seeing 18 million malware and phishing emails related to COVID-19 daily. This, the company reported today, "is in addition to more than 240 million COVID-related daily spam messages." more

Trademarks vs Domain Names: Dictionary Words, Common, Combinations, and Arbitrary Letters

The typical daily accounting of decisions filed in disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) may include an award or two dismissing complaints (three is particularly noteworthy: weddingfleamarket.com, dme.com, and scheduleflow.com from the Forum for January 20, 2018), but overwhelmingly complaints are granted not dismissed. Let us imagine a trademark or service mark that is neither a dictionary word nor composed of common combinations, would anyone be surprised when the Panel rules in Complainant's favor? more

Software Insecurity: The Problem with the White House Cybersecurity Proposals

The White House has announced a new proposal to fix cybersecurity. Unfortunately, the positive effects will be minor at best; the real issue is not addressed. This is a serious missed opportunity by the Obama adminstration; it will expend a lot of political capital, to no real effect... The proposals focus on two things: improvements to the Computer Fraud and Abuse Act and provisions intended to encourage information sharing. At most, these will help at the margins; they'll do little to fix the underlying problems. more

Blockchain Technology Can Solve Some of Africa’s Problems

Lately, the word blockchain is gaining a lot of attention from businesses, investors and governments, especially around how it could transform how we do business today. As the world looks up to Blockchain technology for radical transformations in many industries and sectors, I want to take a look at how it could help governance in Africa.
The African continent is plagued with corruption, bad governance, mismanagement and lack of accountability. more

DNSSEC is But One Link in the Security Chain

As the implementation of DNSSEC continues to gather momentum and with a number of ccTLDs, and the '.org' gTLD having deployed it into their production systems, I think it is worth pausing to take a look at the entire DNSSEC situation. Whilst it is absolutely clear that DNSSEC is a significant step forward in terms of securing the DNS, it is but one link in the security chain and is therefore not, in itself, a comprehensive solution to fully securing the DNS system. more

ICANN Takes “Fail” To A Whole New Level

Today is April 12 2012. It's also meant to be the day that the new TLD application window closes. Now it's not. ICANN has spectacularly failed to manage the new TLD process and will miss its own deadline by over a week... In a rather badly worded announcement ICANN states that it's extending the deadline for online applications (the only way to apply) until April 20th at 23:59 UTC. more

The FCC Cyber Trust Label Gambit: Part II

Sixty years ago, Paul Baran and Sharla Boehm at The RAND Corporation released a seminal paper that would fundamentally reshape the cyber world forever more. Their paper, simply known as Memorandum RM -- 1303, described how specialized computers could be used to route digital communications among a distributed universe of other computers. It set the stage for a flood of endless developments that resulted in the interconnected world of everything, everywhere, all the time. more