Policy & Regulation

Trademarks for TLDs

The United States Patent and Trademark Office (USPTO) has recently circulated proposed examination guidelines to allow the USPTO to begin providing Trademark Protection for Top Level Domains (TLDs). This is an important new development. TLDs today are currently ineligible for Trademark protection on the basis that they do not constitute a source-identifying mark. The USPTO is currently in the process of rectifying this situation by extending Trademark protection to Registry Service providers and has released its proposed examination procedures for that purpose. However, there are some very concerning elements to their proposed examination guidelines. more

Removing Need at RIPE

I recently attended RIPE 66 where Tore Anderson presented his suggested policy change 2013-03, "No Need -- Post-Depletion Reality Adjustment and Cleanup." In his presentation, Tore suggested that this policy proposal was primarily aimed at removing the requirement to complete the form(s) used to document need. There was a significant amount of discussion around bureaucracy, convenience, and "liking" (or not) the process of demonstrating need. Laziness has never been a compelling argument for me and this is no exception. more

Port 43 Failures Continue to Haunt

On February 16, 2012 ICANN took the new step of suspending the Registrar Alantron's ability to register new names or accept inbound domain transfers. This new compliance tool was used following Alantron's apparently inadequate response to a breach notice issued November 7, 2011. The issue in part concerns Alantron's perpetual problems with Port 43 WHOIS access which is required by the Registrar Accreditation Agreement. more

Implications of Canada’s CASL - Toughest Anti-Spam Law the World Has Ever Seen

While Canada was dragging the chain when it came to introducing anti-spam legislation, it is now making up for lost time. Ottawa's new law -- expected to be operational early this year -- has severe fines for violations and is viewed by some as too tough. Known as CASL, the new law aims to crack down on spammers and mailing list companies but in doing so, tightly regulates the way businesses can market to prospective customers via email and online. more

Why the Lawsuit Against .XXX Maybe the Best Sales Tool Ever For New gTLD Applicants

"There is a serious danger that ICM will establish and monopolize such a distinct market. As consumers seeking adult content become more aware of the .XXX TLD, registering and displaying websites in other generic TLDs may not easily be substituted for registration in the .XXX TLD." No that statement is not from the ICM Registry's sales material. more

MOPO - The Latest Speed Bump on ICANN’s New gTLD Superhighway

The Internet Corporation for Assigned Names and Numbers (ICANN) is a Petri dish for acronyms. The latest one to be introduced into the ICANN lexicon is MOPO which is short for Morality and Public Order. MOPO is one of the four grounds by which a third party can challenge an application for a new generic top-level domain (gTLD). The profile of MOPO recently increased when ICANN's Government Advisory Committee (GAC) provided formal advice to the ICANN Board regarding the current MOPO procedures set forth in ICANN's Draft Applicant Guidebook (DAG) for new gTLD applicants. The resolution of this issue will largely determine whether new gTLD applications will be accepted by ICANN in 2011 as planned or sometime in the far distant future. more

Putting String Similarity into Context: Bulgaria’s IDN (.??) vs. Brazil’s ccTLD (.br)

Bulgaria is a nation which is directly impacted by the current Fast Track automatic disqualification when Top-Level Domain (TLD) strings are "confusingly similar" to other TLDs, in this case an Internationalized Domain Name (IDN) country code Top-Level Domain (ccTLD). Bulgaria has already been declined twice (in late 2009, and in May of 2010) to register the *.?? Cyrillic IDN on the premise that it looks confusingly similar to Brazil's *.br ASCII TLD. Being a native Bulgarian, I did not see how these two strings are similar more

Vint Cerf Caught Off Guard, Nevertheless Says What Needs to Be Said About Our Misguided Policy

This morning's mail brought news of a 3 minute 45 second video clip of very candid and very outstanding remarks from Vint Cerf. Vint says very clearly what needs to be said and what needs to be grasped and acted on by the new president and congress next year... My observation is that in my opinion it is not the lighting that is unusual but rather the camera angle. It looks like interviewer is seated with his camera pointed up. The camera is looking at Vint's chin. Consequently I sent Vint an email: "you knew you were being recorded - surely? I hope: in any case the good deed is done... thank you sir." Vint replied with permission to quote... more

Alternative Insights on Article 28 of the NIS2 Directive

On June 9 CircleID published an insightful article by Thomas Rickert entitled "Demystifying Art 28 NIS2." In that piece Thomas set forth two alternative interpretations of Article 28(6) of NIS2, and argued that TLD registries should not be required to maintain a separate database of the registrant data under NIS2. In my view, Thomas' approach is inconsistent with the remainder of Article 28, and would not achieve the goals of NIS2 to improve cybersecurity across the EU member states. more

The Road Less Traveled: Time Is Running Out for NTIA-Verisign Cooperative Agreement

It is remarkable? - ?for all the wrong reasons? - ?that only two months remain before the National Telecommunications and Information Administration (NTIA) must make a fateful decision on how it will address its' long-standing Cooperative Agreement with Verisign? - ?the private-sector corporation that edits the authoritative address book of the Internet's Domain Name System (DNS), maintains two of the DNS root servers, and operates the .com and .net registries of the Internet, undoubtedly one of the most lucrative concessions ever granted. more

ICANN Cannot Expect the DPAs to Re-Design WHOIS, but Asking for a Reprieve Makes Sense

We are on the brink of the most serious threat to the open and public Internet for decades. ICANN, under pressure from domain name registrars and EU data protection authorities, has proposed an "interim" plan that will hide critical information in WHOIS. Security, threat intelligence, and anti-abuse professionals rely on WHOIS to track down bad guys and keep the Internet as safe and secure as possible. more

Humming an Open Internet Demise in London?

In mid-March, the group dubbed by Wired Magazine 20 years ago as Crypto-Rebels and Anarchists - the IETF - is meeting in London. With what is likely some loud humming, the activists will likely seek to rain mayhem upon the world of network and societal security using extreme end-to-end encryption, and collaterally diminish some remaining vestiges of an "open internet." Ironically, the IETF uses what has become known as the "NRA defence": extreme encryption doesn't cause harm, criminals and terrorists do. more

Selling DONA Snake Oil at the ITU

A venerable old ITU tradition got underway today. Its Telecommunication Standardization body, known as the ITU-T, gathered, as it has done every four years for much of the past 100 years in a conclave of nations, to contemplate what they should be doing at their Geneva intergovernmental standards meetings for the next four years. The gathering is called the WTSA... Old intergovernmental institutional habits still continue, so the participants are gathered in a remote location in Tunisia called Hammamet. more

Curbing Cyber- and Typosquatting

We need a tax. You don't hear that too often. But right now a tax is the weapon needed by the domain name community. We face way too many cyber- and typosquatters. To drive them back, let's tax parked and unused domain names. Done right -- sized properly and phased in -- the tax will make it much harder for speculators to turn a profit while they keep domains sitting idle or parked. more

Title II Will Have Little Effect on Telecom Developments in The USA

We now know what direction the FCC will take in reorganising the American telecoms market. For many years I have mentioned the rather bizarre situation in that country wherein broadband is not seen as a telecoms service but rather as an internet service, which is itself classified as providing content. Thanks to extensive lobbying from among the telcos (who also refer to themselves as ISPs) in the early days of the internet, back in the 1990s, the FCC accepted their unbelievable proposals. As a result, over the last 20 years or so the USA's telecom market has changed from being one of the most competitive among developed economies to what it is now: a market with hardly any fixed telecoms competition at all. more