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This morning, at 10 am in 2141 Rayburn, the Subcommittee on Courts, the Internet, and Intellectual Property is holding a hearing on "Internet Domain Name Fraud -- New Criminal and Civil Enforcement Tools." At that hearing, the Subcommittee will be considering a new Whois bill creating new penalties for people who provide false data when registering a domain name. We need to raise our collective eyebrows at this bill (which was suddenly dropped the evening before this hearing). The title of the bill is the "Fraudulent Online Identity Sanctions Act." (FOISA) more
ICANN's Security and Stability Advisory Committee (SECSAC) recently released some recommendations regarding the DNS infrastructure, specifying among other things, that sub-zone delegation be kept up-to-date. ...The SECSAC report doesn't mention, but I believe is trying to address, is the alarming fact that nearly 10% of the name servers listed in the root zone are lame, either they aren't authoritative for the zones they are supposed to be, or they are unreachable much of the time.
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In this two-part series article, Andrew McLaughlin takes a critical look at the recently reported study, Public Participation in ICANN, by John Palfrey, Clifford Chen, Sam Hwang, and Noah Eisenkraft at the Berkman Center for Internet & Society at Harvard Law School..."The study's presentation and analysis of data contain much of interest, and much that could assist ICANN (and other policy-making bodies) in improving its use and management of online public forums. But the study's value is diminished by two rather fundamental shortcomings: (1) its misapprehension of both the theory and the practice of ICANN's policy-development process, and (2) the sizeable gap between the broad scope of the study's conclusions and the very narrow -- indeed, myopic -- focus of the analysis from which they are derived. Simply put, the study scrutinizes a small and misleading corner of ICANN (namely, its online public comment forums) and leaps to a sweeping (and, in my view, unwarranted) conclusion." more
The World Intellectual Property Organization (WIPO) -- the same organization whose head recently equated intellectual property infringement with terrorism -- has been pressing ICANN to add domain name monopolies on the names of countries, and the names and acronyms of inter-governmental organizations, into the Uniform Domain Name Dispute-Resolution Policy (UDRP). Despite the fact that no-one but WIPO seems to want these new exclusions, a working group has nonetheless been convened to study their recommendations. more
When it comes to stealing domain names, I suspect that there are two reasons why so many web bandits appear to be immune from ICANN (the Internet Corporation for Assigned Names and Numbers uses the acronym ICANN): the first reason I discussed in my last column on domain name theft (where I described a substantive void in domain name "regulation" as a primary factor for the increasing incidence of domain name theft), the second reason, which is the focus of this column, is the procedural anomaly that currently infuses ICANN's uniform dispute resolution process (UDRP) by providing no administrative forum for domain name registrants who become victims of domain name theft carried out by ICANN's registrars. more
On the sunny beaches of Anguilla -- a small island of just 35 square miles -- I'm sure artificial intelligence (AI) is the last thing people are thinking about. The primary industries of Anguilla, set in the Leeward islands in the Caribbean, are tourism and offshore banking. However, this nation has been assigned the country code top-level domain (ccTLD) .AI -- which is being repurposed to represent artificial intelligence. more
As many in the ICANN community prepare to depart for the sunny beaches of Cancun, Mexico, it appears the ICANN 76 meeting could be significant when it comes to the long-awaited next application window for gTLDs. It's been over 11 years since applicants were last able to apply for a gTLD (and some of those strings are still launching into the marketplace all these years later), and the community work to review that initial process has never really stopped. more
I can hardly believe it's that time of year again -- time for our annual top 10 year in review. Having been at this for more than 20 years, you'd think I'd seen it all? But with the domain name industry, things are always in flux, and I could never have predicted some of these items. So without further ado -- here are the top 10 biggest stories from 2022. more
While the global economy faced the challenges caused by the pandemic and society embraced new trends, the domain industry continued to expand thanks to the ongoing push toward digitalization. There is no sign of slowing down. The domain industry continued to move forward, embracing the internet's expansion: new trends, new technologies, niche markets and developments. more
The .web Independent Review Process (IRP) Panel issued a Final Decision six months ago, in May 2021. Immediately thereafter, the claimant, Afilias Domains No. 3 Limited (now a shell entity known as AltaNovo Domains Limited), filed an application seeking reconsideration of the Final Decision under Rule 33 of the arbitration rules. Rule 33 allows for the clarification of an ambiguous ruling and allows the Panel the opportunity to supplement its decision if it inadvertently failed to consider a claim or defense, but specifically does not permit wholesale reconsideration of a final decision. more
As I noted on May 26, the final decision issued on May 20 in the Independent Review Process (IRP) brought by Afilias against the Internet Corporation for Assigned Names and Numbers (ICANN) rejected Afilias’ petition to nullify the results of the public auction for .WEB, and it further rejected Afilias’ demand to have it be awarded .WEB (at a price substantially lower than the winning bid). Instead, as we urged, the IRP Panel determined that the ICANN Board should move forward with reviewing the objections made about .WEB, and to make a decision on delegation thereafter. more
At ICANN's recent virtual meeting, I was fortunate enough to join a panel facilitated by the Brand Registry Group (BRG), an association of organisations promoting the use of brand top-level domains, where we discussed the release of the next round of the generic top-level domain (gTLD) program. The fact that I was participating in a discussion like this is hardly news, as I've been commenting on the policy discussions and debating its role in the digital landscape for years. more
During ICANN71, the Brand Registry Group (BRG) openly asked potential future applicants what ICANN can do to help prepare them for the next gTLD round. The answer was very clear - commit to opening the next round and provide as much information as possible early on. However, in recent correspondence to the BRG from ICANN Chair, Maarten Botterman, he emphasized that "significant work lies ahead of us: the 2012 Applicant Guidebook must be updated with more than 100 outputs... more
In January Jörg Schweiger, DENIC's CTO from 2007 to 2014 and CEO since 2014, announced he was stepping down from his position in December. It's been quite a ride, and the domain name industry has evolved quite a lot. So we asked Jörg a few questions about his time with DENIC and the changes he's seen... he came up with some insightful views on why he thought new TLDs missed a great opportunity to do something with "innovative new business models," the importance of security to DENIC... more
One of the major takeaways from the Web Globalization Report Card is the importance of providing "front doors" to your localized websites. These doors begin with the addresses themselves, which may not include the .com domain. In fact, I'd recommend that most localized websites not use the .com domain, as this is an overloaded domain. This article looks at the many ways brands are creating more localized addresses, beginning with country code top-level domains (ccTLDs). more
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