The leaked Trans Pacific Partnership intellectual property chapter has revealed a number of U.S. proposals including U.S. demands for Internet provider liability that could lead to subscriber termination, content blocking, and ISP monitoring, copyright term extension and anti-counterfeiting provisions. This post discusses Article QQ.C.12 on domain names. more
As I predicted ICANN is pursuing its case against EPAG. They're now not only appealing the case to a higher court in Germany but are also trying to get the entire thing referred to the European Court of Justice. In an announcement late last night ICANN made it very clear what their intentions are. While they're pursuing the appeal in the higher court in the German region, which makes sense at some level, it's also very clear that they're not taking "no" for an answer. more
Steeped deep in discussions around the European Union's General Data Protection Regulation (GDPR) for the past several months, it has occurred to me that I've been answering the same question for over a decade: "What happens if WHOIS data is not accessible?" One of the answers has been and remains the same: People will likely sue and serve a lot of subpoenas. This may seem extreme, and some will write this off as mere hyperbole, but the truth is that the need for WHOIS data to address domain name matters will not disappear. more
The next Registration Operations Workshop will take place at the start of IETF 93 on Sunday, July 19th, 2015. The focus of this workshop is on the Registration Data Access Protocol, the successor of Whois. RDAP is a combined protocol for IP addresses and names registration data. Therefore, we are expecting both domain names and RIR communities to attend the workshop. more
In June, MarkMonitor joined our colleagues once again at the Internet Corporation of Assigned Names and Numbers (ICANN) 53rd public meeting in Buenos Aires, Argentina. Several high-profile and contentious issues were on the agenda, many of which have significant impact on the interests of intellectual property and brand owners. Among these are the ongoing ICANN Accountability issues and the impending departure of ICANN CEO Fadi Chehadé; registrant information (Whois) transparency, accuracy and accessibility; and the timing of the next round of new gTLD applications/delegation. more
The Silent Librarian advanced persistent threat (APT) actors have been detected once again, as the academic year started in September. With online classes increasingly becoming the norm, the group's phishing campaigns that aim to steal research data and intellectual property could have a high success rate. Dozens of phishing domain names have been reported, although some may have already been taken down. more
The Globe and Mail published an embarrassing feature story on the weekend focusing on terror groups' use of the Internet and a "Canadian connection." A story on terror group use of the Internet would have made for an interesting (albeit unoriginal) story, so it appears that the Globe tried to generate greater interest in the story by adding a Canadian connection. The article begins with "Welcome to Yarmouth, Nova Scotia - pivotal battleground in the global jihad."... more
ICANN has introduced the Registration Data Request Service (RDRS), offering a standardized way to request access to nonpublic data for generic top-level domains (gTLDs). more
ICANN is the only institution with responsibility for the functioning of DNS. And so it is natural that when there is a DNS problem for people to expect ICANN to come up with the solution. But having the responsibility to act is not the same as having the ability. Like the IETF, ICANN appears to have been designed with the objective of achieving institutional paralysis. And this is not surprising since the first law of the Internet is 'You are so not in charge (for all values of you). more
The ICANN community recently gathered in Kobe, Japan for its first meeting of the year and it was certainly a busy week for attendees. Much of the meeting centered around the work of the Expedited Policy Development Process (EPDP) to address gTLD registration data. As a member of the EPDP team, we had been hard at work since being formed in August of 2018. Just prior to the Kobe meeting, we published the phase 1 Final Report. more
WIPO just published a decision regarding the domain dispute over the britishmuseum.org domain name. At first glance, everything seems alright. The world famous British Museum won in a default judgment as the current registrant (the respondent) never replied). However, drill a little deeper and something is amiss. The "parties" section of the case lists the respondent as "British Museum Resources, Limited, West Bay, George Town, Kentucky, United States of America." more
There is no rest for the wicked. If you think that 2018 was the climax of cybercrime, wait until you see what happens in the next few years as cybercriminals are constantly learning new ways to strike. Take for instance domain-related attacks now coming in a variety of forms. There's domain hijacking which involves gaining of access to domains and making changes without owners' permission. You have typosquatting where phishing is often utilized to steal valuable information. more
"Former ICANN senior vice president Kurt Pritz is expected to be named chair of the group tasked with reforming Whois in the post-GDPR world," reports Kevin Murphy in Domain Incite. more
The following is based on my experience and interpretation of the UDRP and the relevant laws of the United Kingdom and European Union. This is not legal advice but just my own experience and interpretation. How does a UK citizen create a non-commercial trademark.tld parody criticism website and avoid harassment from the trademark holder? Here are the steps... more
ICANN's recently released report, ICANN's Whois Data Accuracy and Availability Program: Description of Prior Efforts and New Compliance Initiatives [PDF], is a summary of the Whois Data Problem Report System's (WDPRS) reports spanning a one-year period that concluded at the end of Fenruary 2007. In case you're not familiar with the WDPRS, it's system that tracks complaints about inaccurate or incomplete whois entries. Notable facts from the report include: There were 50,189 reports for which ICANN received follow-up responses during the year... more
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