Policy & Regulation

Policy & Regulation / Most Viewed

UDRP Good for Trademark Protection, Not So Good for Political Process

Social Science Research Network has published a paper examining "the large gaps and inconsistencies in current domain name law and policy" as compared with domain name use in the political context. The paper suggests that the current domain name policy is focused on protecting trademark uses of domain names against bad faith commercial 'cybersquatters' but does not deal with protecting use of domain names as part of the political process. more

Facebook, Privacy, and the Loss of Trust

Facebook sure is getting beaten up recently. There's even a crowd-funded initiative to replace it with something open, called Diaspora -- everyone on Facebook is talking about it. Yet it wasn't even two full years ago that Facebook was the darling of the ditherati. For a while it seemed as if nearly everything Facebook did was hailed as the future of messaging, perhaps the future of the Internet - or maybe the Internet didn't matter anymore, except for Facebook. more

Internet Management and National Security: Time for a Federal Action Plan

Former CIA Director George Tenet recently gave a speech highlighting the need for federal action on internet management in order to protect national security. As reported by the online edition of Government Executive, Mr. Tenet explained that, "greater government regulation of the Internet and telecommunications networks is needed in order to guard against terrorist attacks." more

Will VeriSign Be Able to Engage in Tiered Pricing for .com Soon?

According to the draft of new Generic Top-level Domains (gTLD) contracts for Section 7.3, "Price controls have been removed for 2008 in favor of the transparent pricing model outlined above." Section 3.2.b) of the .com registry agreement states: "ICANN shall not apply standards, policies, procedures or practices arbitrarily, unjustifiably, or inequitably and shall not single out Registry Operator for disparate treatment unless justified by substantial and reasonable cause." In my opinion, VeriSign (and other existing gTLD operators) are almost being invited to ask for their contracts to be amended... more

Spam Fighting: Lessons from Jack Bauer?

As I blogged about several months ago, as did numerous other anti-spam bloggers, David Ritz was sued by Jeffrey Reynolds and a judge in North Dakota agreed with Reynolds. At the heart of the case was that Ritz engaged in anti-spam activities using techniques known only to a small subset of advanced computer users, and used these techniques maliciously against Reynolds... Back in the olden days of spam fighting, some anti-spammers used to use malicious techniques against spammers in order to shut them down... more

A Responsible Domain Industry Needs a Responsible Registrant Appeals Process

As the steward of .ORG, Public Interest Registry is committed to serving as an "exemplary registry" for the DNS. As part of that mission, PIR published our Anti-Abuse Principles last year that serve as our north star to address questions of abuse. As PIR has stated on many occasions, generally speaking, the DNS is not the appropriate place to address questions of website content abuse because of the blunt tool we as a registry have and the collateral damage that can be caused by suspending a domain name for a piece of content. more

WHOIS Users Facing Serious Challenges Caused by Post-GDPR Fragmentation

On May 25, 2018, the European General Data Protection Regulation (GDPR) came into effect, meaning that European data protection authorities (DPAs) can begin enforcing the regulation against non-compliant parties. In preparation, the ICANN Board passed a Temporary Specification for gTLD Registration Data - essentially a temporary policy amendment to its registrar and registry contracts to facilitate GDPR compliance while also preserving certain aspects of the WHOIS system of domain name registration data. more

ICANN Board Resolutions May Enable New gTLDs to Potentially Launch in Fall

In an attempt to appease the Governmental Advisory Committee, ICANN's New gTLD Program Committee directed ICANN staff to amend the Registry Agreement so that all New gTLD Registries will be required to include a provision in its Registry-Registrar Agreement that requires Registrars to include in their Registration Agreement a provision prohibiting Registered Name Holders from distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law, and providing (consistent with applicable law and any related procedures) consequences for such activities including suspension of the domain name. more

If ICANN Won’t Stand Up to EU in WHOIS Dispute, Then the U.S. Congress Should

The early designers of the Internet quickly realized that as the number of domain names flourished, there was a need for tracking domain name owners to resolve questions and conflicts that might arise. To that end, they created WHOIS, a public database with the names, phone numbers, email addresses, and mailing addresses of registered domain owners and operators. more

Blockchain of Things Goes Global at ITU-T Dubai Meeting

Today, one of the world's largest Internet companies, Alibaba, together with a compelling array of other providers, vendors, and government bodies for the first time called for a visionary multilateral technical and operational "framework for a Blockchain of Things." The exceptionally thorough and comprehensive 23-page document, SG20-C.008, was submitted into the upcoming ITU-T SG20 Internet of Things (IoT) Study Group meeting at Dubai, 13j23 March -- the first group gathering in the organization's new 2017-2020 study period. more

CENTR Replies to ITU Study on ccTLD Governance

The Council of European National Top-Level Domain Registries (CENTR) announced today their response to Professor Michael Geist's draft survey report "Government and country-code top level Domains: A global survey", which was conducted on behalf of the International Telecommunication Union (ITU) in December 2003. "In the last decade the general trend has been to de-regulate markets in the Communications Industry, which continues to stimulate economic growth and innovation, and it seems perverse that this ITU supported report is seeking to go against the proven successful trend," said Paul Kane, chairman of CENTR. more

Should Barclays Lose the .Barclays Top-Level Domain?

According to Reuters, Barclays has plead guilty to trying to manipulate foreign exchange rates, and has agreed to pay substantial fines, along with other major banks. Barclays is also the operator of the .Barclays new top-level domain name. This is not a case where it's a single rogue employee or officer has been found guilty of a financial crime. Here, it is the entire bank (and registry operator) that has plead guilty. more

Is NIST’s Recent Letter on o.com a Bureaucratic Coup d’Etat?

Verisign recently informed ICANN that it had received a letter from the National Institute for Standards and Technology (NIST), an agency of the U.S. Department of Commerce, regarding the proposed auction of o.com described in the Second Amendment to the .com Registry Agreement agreed to by ICANN and Verisign in March 2019. This letter, which doesn't appear to be on official letterhead, is from a NIST Grants Officer and purports to overturn a letter raising objections to the auction... more

The RIRs in a Post-IPv4 world: Is the End of IP Address Policy Making Nigh?

IANA's IPv4 pool was officially exhausted in early 2011; Regional Internet Registries (RIRs) are gradually eating through their remaining IPv4 reserves and, although there will always be a trickle of recycled IPv4 addresses coming through as businesses go bust or ISPs move entirely to IPv6, the bulk of RIR IPv4 activity in future will be maintenance of existing allocation records... While IPv6 is definitely the way of the future for the Internet, the sheer size of the IPv6 address pool, combined with simplified allocation policies that have deliberately reduced barriers to entry, means there are very few organizations that can't get IPv6 directly from the RIRs these days. more

NTIA Objects to Planned o.com Auction

According to media sources, the National Telecommunications and Information Administration (NTIA) wrote to Verisign last Friday, objecting to the company's plan to auction o.com to the highest bidder. The planned release for o.com - described by the Second Amendment to the .com Registry Agreement and intended as a pilot for the remaining reserved single-character .com names - involved an opaque consideration process that ignored community input and set aside hard-won trademark protections developed by stakeholders in order to maximize dollars earmarked for an unidentified cadre of non-profit organizations. more