Smells like Cybersquatting? How the UDRP “Smell Test” Can Go Awry

The UDRP has the form of a substantive Policy, but it operates as a "smell test".1 If the evidence smells bad, the panel will likely order a transfer. If it doesn't, the panel won't. An aim of this article is to help improve UDRP panels' sense of smell when it comes to differentiating between domain name investors and cybersquatters. I will provide some insight into the business of domain name investing that I hope will be helpful to UDRP panelists in making more accurate inferences in disputes involving investors. more

Another Free Registry Software Option

Google has recently announced the release of Nomulus, its free, open source registry software, triggering discussion of its impact on the industry. Afilias has over 15 years of experience in registry operations, and offers the following initial thoughts... First, free registry software is not new.CoCCA has offered this option for years, and TLDs such as .CX (Christmas Island) and .KI (Kiribati) use it. It is supported on a "best efforts" basis and appears to meet the limited needs of a few small operators. more

Understand More, Fear Less: Will G20 Be Able to Contribute to an Internet Future with a Human Face?

Last week, the G20's ministers responsible for the digital economy met in Düsseldorf to prepare this year's G20 summit, scheduled for Hamburg, July 2017. Building on important strides initiated two years ago during the G20 summit in Antalya and based on the G20 Digital Economy Development and Cooperation Initiative (DEDCI), which was adopted last year under the Chinese G20 presidency, the Düsseldorf meeting adopted a "G20 Digital Economy Ministerial Declaration" which also includes a "Roadmap for Digitalisation". One day before the ministerial meeting, non-state actors were invited to discuss "Policies for a Digital Future" within a so-called Multistakeholder Conference. more

Top Ten Internet Law Developments of 2012

I'm pleased to share my list of top 10 developments of 2012... I'm surprised whenever I read about a new European ruling that's adverse to a Silicon Valley company, because at this point I assume that everything Silicon Valley companies do in Europe is already illegal. Google, Facebook and other Silicon Valley players are under constant legal attack in Europe on countless fronts. Everyone might be happier if the Silicon Valley players just got out of Europe altogether. more

Verizon Throws 18 States Under the Progress Train

I am a happy Verizon FIOS fiber-to-the-home customer in Connecticut, I admire the long view Verizon took to build its FIOS infrastructure, and I appreciate the substantial punishment that Verizon took from Wall Street until it became obvious that FIOS would be a huge success. But Verizon is not building FIOS in all of its territories! Verizon is unloading land lines in eighteen states because they don't want to keep building FIOS there... more

NTIA Says Cromnibus Bars IANA Transition During Current Contract Term

The Congressional Internet Caucus held its 15th annual State of the Net conference today at The Newseum in Washington, DC. This is traditionally a start the new year networking and information update day for the capital's technology policy set. Immediately following the lunch break, at a session titled "Internet Functions in Transition: Is the US and the World Ready?", NTIA head Lawrence Strickling provided the first official Obama Administration reaction... more

Court OKs Private Seizure of Domain Names That Allegedly Sold Counterfeit Goods

Luxury brand Chanel has engaged in a fierce campaign against counterfeit websites in federal court in Nevada. It has seized approximately six hundred domain names in the last few months, reports Venkat Balasubramani. "I'm sympathetic to the "whack-a-mole" problem rights owners face, but this relief is just extraordinarily broad and is on shaky procedural grounds." more

Domain Pulse 2008: Day 2 Focuses on DNS Security

Day two of Domain Pulse 2008 last Friday (see review of day one) focused on online security issues giving the techies amongst us details of security issues, and the more policy-orientated amongst us something to chew on in a few other presentations. Kieren McCarthy, these days of ICANN, also gave some insights into the drawn out sex.com drama with more twists and turns than the average soap opera has in a year! And Randy Bush outlined the problems with IPv6. Among other presentations... more

Who Pays for Email?

An acquaintance wondered why the people who run the systems that receive mail get to make all the rules about what gets delivered. After all, he noted: "The sender pays for bandwidth and agrees to abide by the bandwidth provider's rules." It is useful to think of the Internet as a collection of tubes, all leading from the periphery to the middle, where the middle is approximately "the peering point." The sender has paid for the tubes leading from himself to the middle... more

America Will Not Win the Global Race to 5G

Several weeks ago, the White House published a document asserting that "America Will Win the Global Race to 5G." The White House should get over it. This is not about America winning any global race to 5G, but the world working together on fundamentally different, complex, new communication networks and services. There are four important points, however. more

Finishing What We Started: A Level Playing Field for New gTLDs

While the Internet governance debate devours headlines, it's almost easy to forget that ICANN is in the midst of the most audacious and important policy process it has ever undertaken. And while many new generic top-level domains are now live, the process of ensuring the best opportunity to fulfill their potential is not yet complete. We recently reached the milestone of 280,000 registrations in the Donuts gTLDs that are currently generally available. more

6 Domain Name Industry Developments to Lookout for in 2014

2013 was one of the most exciting and forward-looking year for our Industry, and here we are, right at the beginning of 2014. Shall we look into the crystal ball and see what the horizon up ahead likely holds for us? We hope and foresee that a lot of everyone's hard work will eventually begin to pay off this year. We also believe that the industry will witness a huge change; opportunities and possibilities that were never before thought of. more

Islamic TLDs and the Challenge of Good Governance

As governments ask themselves whether they should not be the only ones in charge, and everyone else is more determined than ever to stay involved, Internet governance is now a front-page topic. But away from the theoretical debates about which model is best, one real-life situation may end up looking strangely like a vindication of the multi-stakeholder model by governmental organisations. The situation in question is that of Islam and Halal. Two applications that look like they are caught in a kind of new gTLD program groundhog day. more

The ICANN New gTLD Program is Approved: Now What? How to Submit a Quality Application in 6 Months

On January 12, 2012, the application window opens. Any corporation or organization can submit a request to own a piece of the Internet -- their own top-level domain (TLD). Many reporters are confusing a TLD with a domain name... But with less than six months between now and when an application can first be submitted, many are wondering if there's enough time to do it right. more

Creditor Can Execute Against Domain Name Where Registry is Located: Office Depot v. Zuccarini

The Ninth Circuit affirmed the district court's ruling in Office Depot v. Zuccarini, agreeing that a creditor may levy against a domain name in the jurisdiction where the domain name registry is located. The decision is significant for two reasons. First, it affirms (or reaffirms) that domain names are property subject to the claims of creditors... more