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A third lawsuit has been filed late Friday in a federal district court in California against VeriSign, Inc. over its controversial DNS wildcard redirection service known as SiteFinder. It was filed by the longtime Internet litigator Ira Rothken. In addition, while two other lawsuits have been filed by Go Daddy Software, Inc. and Popular Enterprises, LLC. in Arizona and Florida, this is the first lawsuit to seek class-action status. Here is an excerpt from the "Introduction" section of this class-action lawsuit... more
A recent law suit in Kentucky has attracted world-wide attention because it could create a very dangerous precedent – the application of local law to the domain name system and Internet web sites that are available globally... Even though the Kentucky case only involves Kentucky gambling laws, the dangerous precedent is that regimes around the world with oppressive local laws restricting speech or religion might attempt similar litigation. more
The new Global Phishing Survey released by the Anti-Phishing Working Group (APWG) this month reveals that phishing gangs are concentrating their efforts within specific top level domains (TLDs), but also that anti-phishing policies and mitigation programs by domain name registrars and registries can have a significant and positive effect. The number of TLDs abused by phishers for their attacks expanded 7 percent from 145 in H2/2007 to 155 in H1/2008. The proportion of Internet-protocol (IP) number-based phishing sites decreased 35 percent in that same period, declining from 18 percent in the second half of 2007 to 13 percent in the first half of 2008. more
I've always been a fan of co-ops. In New York, we shop at greenstar.coop and my wife banks at alternatives.coop, in the UK we shop at co-operative.coop. So when the .COOP domain opened, I wondered if I could get my own clever domain name, but found that chicken.coop was taken by a small producer co-op in the southern U.S. Drat. more
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
This week ICANN held a public consultation in Washington, D.C., where ICANN's President's Strategy Committee (PSC) solicited remarks from a packed audience of intellectual property (IP) lawyers, domain name registrars and other Internet stakeholders on how the organization can improve institutional confidence. No surprise, ICANN's decision to add new generic top-level domains (gTLDs) to the Internet was on many participants' minds. more
Ever sat at one of the VeriSign "State of the domain" meetings at any of the ICANN meetings? Or read their reports about countries with the greatest opportunity in domains? Almost without question you will learn that Japan is earmarked as the country with the greatest opportunity for growth in the domain market. They take into consideration important factors such as GDP of a country, internet population, and current domain registration levels... more
When Kurt Pritz briefed the Generic Names Supporting Organization (GNSO) Council (and observers) in Los Angeles April 10th and 11th, the new generic Top-Level Domain (gTLD) process model flows transition through an "auction" state in two of the three paths where two or more applications existed for the same (or similar) strings. At that time Kurt, speaking for Staff, was clear that the existence of a well-defined community was not dispositive, which surprised the Council members from the Intellectual Property Constituency... more
ICANN recently commissioned a report from a domain auction company to see whether it would be a good idea to auction Top-Level Domains (TLDs) that have multiple applicants. Remarkably, the domain auctioneers came to the conclusion that auctions are a great idea, which they surely are for some people. But are they a good idea for ICANN? And if ICANN admits they can't evaluate competing applications on their merits, how can they keep the process from turning into another speculative land grab? more
ICANN has just published a paper from its contractor PowerAuctions LLC, regarding the use of auctions to award new Top Level Domains (TLD) strings in case of contention. I can understand what ICANN wants to avoid. In the past, it has been criticized for using the "beauty contest" model with the redelegation of the .net TLD... However, the auction model is based on the idea that whoever wins the auction will be able to recoup its investment on the sale... more
Lost amid the furor about ICANN's rule change that may (or may not) lead to a flood of TLDs is the uncomfortable fact that almost without exception, the new TLDs created since 2000 have been utter failures. Other than perhaps .cat and .mobi, they've missed their estimates of the number of registrations by orders of magnitude, and they haven't gotten mindshare in the target community. So what went wrong? more
The recent decision by ICANN to start a new round of applications for new generic Top-Level Domains (gTLDs) is launching a round of questions on the IETF side about its consequences. One possible issue may be with vanity gTLDs like apple, ebay etc. Some expect that every Fortune 1,000,000 company will apply for its own TLD. My guess is rather the Fortune 1,000 for a start, but this does not change the nature of the issue, i.e. those companies may want to use email addresses like user@tld. more
ICANN has posted a request by Afilias for a new registry service in relation to "abusive" domains in dot-info. While in general the proposal is motivated by good intentions, the devil is in the details. While most folks (including myself) probably care very little about the .info TLD, my concern is that any bad implementation in .info might be copied or used as a precedent in other more important TLDs, in particular .com run by VeriSign. more
Next week the Internet Corporation for Assigned Names and Numbers (ICANN) Board of Directors will consider adopting a 20 cent per-transaction fee that will effectively end the abusive speculating practices of domain tasting, front running and kiting. The fee will only apply when domain names are deleted excessively, a signal that they are being "tasted" by speculators. We, at Network Solutions, strongly encourage ICANN to enact this important provision as part of its budget and we have released a statement to that effect today... more
OK. Now my lawyer has given me the green light, I can officially announce I am working on a proposal for a .sport TLD, to be submitted to ICANN for consideration as a new TLD next year. There is still a long way to go in terms of getting the proposal ready, but I this this one is a winner... more
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