Policy & Regulation

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The Hidden Perils of Filing a Baseless UDRP Complaint

When properly used, the UDRP enables trademark owners to take control of abusive domain names. Yet sometimes the UDRP itself is misused by trademark owners to try to seize desirable domain names to which they have no legal entitlement. Is there a downside to misusing the UDRP to attempt a domain name hijacking? Unscrupulous companies at times misuse the UDRP by improperly invoking its power to compel a transfer of ownership in order to seize inherently valuable, non-infringing domain names that the companies desire for their own use. more

Post Delegation Dispute: A Once Supportable Concept Proposed by the IRT is Now Unsupportable

This comment is being presented in my personal capacity and does not represent the views of my employer (Neustar, Inc.) and its subsidiaries or affiliates, or the Implementation Recommendations Team. Ok. I admit it. I supported the concept of a post delegation dispute resolution process for generic Top-Level Domains (gTLD) Registries. I served as the only gTLD registry member of the Implementation Recommendation Team (IRT) appointed by the Intellectual Property Constituency of the Generic Names Supporting Organization of ICANN. I was one of the authors of the IRT Recommendation in favor of a Post Delegation Dispute Resolution Procedure. more

2011 Domain Name Year In Review: Top 10 Biggest Domain Stories

Who would have ever believed that .XXX would finally be approved AND launched, total domains registrations would continue to grow at 10% year over year, ICANN would be in the process of preparing for the launch of new gTLDs in the face of harsh criticism, and that both Go Daddy and Group NBT would be acquired by private equity firms. As we look back over the past year, here are the top 10 biggest domain stories of 2011. more

Internet Governance Outlook 2018: Preparing for Cyberwar or Promoting Cyber Détente?

In 2018, Internet Governance will be one of the top priorities in the geo-strategic battles among big powers. In today's world, every global conflict has an Internet-related component. There is no international security without cybersecurity. The world economy is a digital economy. And human rights are relevant offline as well as online. It is impossible to decouple cyberspace from the conflicts of the real world. more

Not So Private Thoughts at IETF 105

At IETF 105, held in Montreal at the end of July, the Technical Plenary part of the meeting had two speakers on the topic of privacy in today's Internet, Associate Professor Arvind Narayanan of Princeton University and Professor Stephen Bellovin of Colombia University. They were both quite disturbing talks in their distinct ways, and I'd like to share my impressions of these two presentations and then consider what privacy means for me in today's Internet. more

Assault on State Censorship at the IGF

Knee-jerk UN haters in the US are fond of pointing horrified fingers at the presence of China, Syria and other authoritarian states whenever global governance is mentioned. See for example Declan McCullough's slanted piece in CNET. They might be surprised to learn that the UN Internet Governance Forum has opened the opportunity for a major assault on Internet blocking and filtering, and put repressive governments on the defensive by heightening awareness of the practice and pressuring them to justify it or change it... more

The Insult and Injury of the U.S. Government’s Failure to Enforce ICANN’s Contractual Obligation

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

Internet Governance and the Universal Declaration of Human Rights, Part 9: Articles 26-30

As we work on this final CircleID essay addressing the last four Articles in the UDHR, we explore how the UDHR provides the principles on which to build the rights and responsibilities of digital citizenship and bring integrity and trust to cyberspace and the Internet ecosystem. We reflect on what we have learned. For us, the authors of this series, we are reminded that trust in the processes of government, business entities, and society is central to the wellbeing of society, our communities, our families, and ourselves. more

Why Colombia Is About to Make a Colossal Mistake With .CO

Ten years ago, the most effective branding exercise the internet registry market has ever seen began. And to celebrate the anniversary, its owner is going to strangle it. At the ICANN meeting in Montreal this month, the Government of Colombia booked a meeting room, prepared a Powerpoint presentation and invited representatives of the world's largest registry operators to attend. Once there, they were offered a rare and valuable opportunity: to take over running of the .co registry. more

New TLD Launch: Lessons Learned

In September 2017, I wrote an article [1] about the new domain extensions in German and got very good feedback and was asked to translate it into English in order to make it available for a broader audience. I wanted to comply with this request, but unfortunately, it took a while to revise and translate my article... In June 2011, ICANN gave the starting signal for about 1,400 new top-level domains (TLD) to make the existing namespace bigger and more diverse. more

China’s MIIT Clarifies New Domain Name Regulations, Allays Concerns Over Government Interference

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

Internet Governance Forum Puts the Spotlight on Trade Agreements

"This year was the first year in which the spotlight fell on the use of trade agreements to make rules for the Internet behind closed doors, and a broad consensus emerged that this needs to change," Jeremy Malcolm reporting today from EFF. more

Mooning the Porn Stars

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

Voluntary Initiatives As a Source of Policy-Making on the Internet

For many years, I have observed that the Internet is adopting many self-regulation frameworks to address a variety of issues. Indeed the Internet has benefited from self-regulation as an efficient way to address jurisdictional conflicts -- particularly as compared to traditional law making. Since the Internet is global, jurisdiction is often the most difficult policy issue to address. To this end, voluntary initiatives are becoming increasingly popular in the digital space due to their ability to address dynamically issues related to the Internet. more

World Economic Forum Davos 2022: War in Ukraine, Metaverse und Splinternet

The war in Ukraine, Metaverse and Splinternet were among the most discussed items during the recent World Economic Forum (WEF) in Davos. The topic of cyber security was primarily about the role of cyberattacks in the Ukraine war. Cyber is not the focus of day-to-day public war reporting but is an integral part of warfare on both sides. This applies above all to the use of "social media." more