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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
Earlier this year, the Internet Engineering Task Force’s (IETF’s) Internet Engineering Steering Group (IESG) announced that several Proposed Standards related to the Registration Data Access Protocol (RDAP), including three that I co-authored, were being promoted to the prestigious designation of Internet Standard. Initially accepted as proposed standards six years ago, RFC 7480, RFC 7481, RFC 9082 and RFC 9083 now comprise the new Standard 95. RDAP allows users to access domain registration data and could one day replace its predecessor the WHOIS protocol. more
ICANN has released temporary specifications for gTLD registration data in order to establish temporary requirements needed for the organization and gTLD registry operators to continue to comply with existing ICANN contractual requirements and community-developed policies. more
New Zealand's Domain Name Commission today won a motion for preliminary injunction in a US lawsuit against the company DomainTools. more
August 2014 is proving yet again to be an amusing month in the Australian political scene, and in this case the source of the amusement was watching a number of Australian politicians fumble around the topic of digital surveillance and proposed legislation relating to data retention measures. The politicians assured us that the proposed data retention measures were nothing untoward, and all that was being called for was the retention of "metadata" by Australian ISPs for a period of two years. more
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
The Metropolitan NY Chapter of the Internet Society continued its popular series of public events at the Jefferson Market library in Greenwich Village with a panel discussion on WHOIS policy, moderated by Danny Younger. This is a contentious issue, involving tradeoffs between privacy, anonymity, and accountability. more
Why does all of the discussion around potential options for WHOIS in the era of the EU's GDPR (General Data Protection Regulation) feel like déjà vu? Is it because issues around WHOIS never really go away, and become a hot topic every few years? Is it because no one is really happy with the current system? Privacy advocates would be delighted to do away with it altogether, while business and Intellectual Property professionals press for improvements to accuracy and availability, which I fully support. more
Reporting from Brussels, Belgium. Since January KnujOn has been conducing its own audit of ICANN Registrar contractual compliance and illicit commerce within the generic Top-Level Domain (gTLD) space. Our findings are shocking. more
This is the second part of a multi-part series reported by ICANNfocus. This part discusses the congressional concerns regarding ICANN's governance of the Internet. "Since 1999 Congress has repeatedly expressed serious concerns regarding ICANN's governance of the internet. Congress has substantial responsibility for overseeing the key aspects of internet governance. Among its specific responsibilities, Congress has the duty to oversee implementation of the Department of Commerce's Memorandum of Understanding (MOU) and contract with ICANN." more
As faithful CircleID readers will know, iREIT (Internet REIT, Inc.), a Texas domain name portfolio investment corporation, has been sued by Verizon and by Vulcan Golf for cybersquatting. It appears iREIT is taking steps to clean up its portfolio by deleting obvious typos of famous trademarks... more
Given that it's been a few years since my last domain name year in review, I've really enjoyed looking back at this year's biggest domain name stories and seeing how this industry has evolved. This year, in particular, has seen some notable changes which are likely to impact the domain name landscape for years to come. So without further ado, here is my list for 2017. more
The same thing happens before every ICANN meeting. It starts raining. Not men, as the song goes, or droplets of H2O. It starts raining documents. In the run-up to one of its three-a-year international meetings, ICANN goes into hyperdrive. And this time, days before the Prague meeting (from the 24th to the 29th), the usual downpour has turned into a veritable deluge. Let's just take June 4th as an example. more
Reading through Brian Kreb's blog last week, he has an interesting post up on the White House's call upon the industry on how to formulate a plan to stem the flow of illegal pharmaceuticals...It is unclear to me whether or not the goal of this initiative is to stem the flow of online crime in general or to reduce the flow of illegal pharmaceuticals flowing into the United States (since presumably this cuts into the profits of large pharmaceutical companies... more
Garth Bruen reports on a paper published by the American Society of Law, Medicine & Ethics of Boston University School of Law authored by Bryan A. Liang and Tim Mackey titled, "Searching for Safety: Addressing Search Engine, Website, and Provider Accountability for Illicit Online Drug Sales". From the paper: "Online sales of pharmaceuticals are a rapidly growing phenomenon. Yet despite the dangers of purchasing drugs over the Internet, sales continue to escalate. These dangers include patient harm from fake or tainted drugs, lack of clinical oversight, and financial loss. Patients, and in particular vulnerable groups such as seniors and minorities, purchase drugs online either naïvely or because they lack the ability to access medications from other sources due to price considerations. Unfortunately, high risk online drug sources dominate the Internet, and virtually no accountability exists to ensure safety of purchased products." more
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