Domain Management

Domain Management / Recently Commented

ICANN Releases Temporary WHOIS Specification Plan for GDPR Compliance With Deadline Two Weeks Away

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

The Fight Is on to Save Access to WHOIS: A Call to Action for Brand Owners

Late last week, ICANN published the guidance from the Article 29 Working Party (WP29) that we have been waiting for. Predictably, WP29 took a privacy maximalist approach to the question of how Europe's General Data Protection Regulation (GDPR) applies to WHOIS, a tool widely used by cybersecurity professionals, businesses, intellectual property owners, consumer protection agencies and others to facilitate a safer and more secure internet.  more

GDPR and WHOIS - Winners and Losers

I think we are all hoping that when ICANN meets with the DPAs (Digital Protection Authorities) a clear path forward will be illuminated. We are all hoping that the DPAs will provide definitive guidance regarding ICANN's interim model and that some special allowance will be made so that registrars and registries are provided with additional time to implement a GDPR-compliant WHOIS solution. more

European Commission Killing Off Thousands of EU Domains Due to Brexit

After the Brexit vote, I wrote that there could be an impact on EU registrants based in the UK. Over the past year, the UK government has been engaged in negotiations with the EU to navigate the application of Article 50 and the UK's exit from the European Union. While there has been a lot of focus on issues like the customs union and the border between Ireland and Northern Ireland, the eventual departure of the UK from the EU will have a tangible impact on the European digital economy. more

Leveraging Trademark Data to Drive Domain Name Strategy

For years, corporate domain name portfolio managers have struggled with determining whether or not their portfolios were the "right" size. Managers of mature domain name portfolios have often felt that their portfolios were bloated, containing domains that were no longer needed. Conversely, domain managers of newer portfolios have sometimes known that gaps existed. Regardless, the question remains -- just how many domains should a corporate portfolio contain? more

Accreditation & Access Model For Non-Public Whois Data

In the current debate over the balance between privacy and Internet safety and security, one of the unanswered questions is: "How will those responsible for protecting the public interest gain access to the non-public data in the WHOIS databases post General Data Protection Regulation (GDPR)?" In an attempt to prevent WHOIS data from going "dark," several community members have been working for the past weeks to create a model that could be used to accredit users and enable access to the non-public WHOIS data. more

GDPR and What Comes Next: The Parade of Horribles

The compliance deadline for the European Union's General Data Protection Regulation (GDPR) is nearly upon us, the unveiling of a proposed model to bring WHOIS into compliance is said to come from ICANN next week, and everyone is scrambling to understand all that's involved. Implementation of a revised WHOIS model is clearly on the horizon, but what comes after may be the real story! Specifically, if WHOIS information becomes more than nominally restricted, what's the consequence to the data controllers (ICANN and the contracted parties) who implement this revised model? more

What's So Outrageous Asking High Prices for Domain Names?

Panels appointed to hear and decide disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) have long recognized that three letter domains are valuable assets. How investors value their domains depends in part on market conditions. Ordinarily (and for good reason) Panels do not wade into pricing because it is not a factor on its own in determining bad faith. more

The Rise of a Secondary Market for Domain Names (Part 4/4): Facilitating the Secondary Market

The defining of rights in the UDRP process is precisely what WIPO and ICANN contemplated, but it is unlikely they foresaw the destination of the jurisprudence. Since its inception, UDRP Panels have adjudicated over 75,000 disputes, some involving multiple domain names. (These numbers, incidentally, are a tiny fraction of the number of registered domain names in legacy and new top-level domains, which exceeded 320 million in the first quarter 2017). more

New UDRP Filing Fees at Czech Arbitration Court

The Czech Arbitration Court (CAC) has long offered the least expensive (by far) filing fees for complaints under the Uniform Domain Name Dispute Resolution Policy (UDRP), but its fee are about to become more expensive, at least in most cases. CAC's base UDRP filing fee (for a dispute involving up to five domain names and a single-member panel) will increase on February 1, 2018, from 500 euros to 800 euros. As of this writing, that's equivalent to about U.S. $600. more

Domain Name Disputes Break Two Records in 2017

The year 2017 turned out to be a record-setting year for domain name disputes, in two ways: The number of complaints filed as well as the total number of domain names in those complaints. Specifically: The number of cases at WIPO crept up to 3,073 from 3,036 in 2016 (the previous record), a modest gain of just over 1 percent. Those cases included 6,370 domain names, up from 5,354 in 2016 (also a record-setting year), a spike of nearly 19 percent. more

WHOIS: How Could I Have Been So Blind?

A colleague was recently commenting on an article by Michele Neylon "European Data Protection Authorities Send Clear Message to ICANN" citing the EU Data Commissioners of the Article 29 Working Party, the grouping a determinate factor In the impending death of WHOIS. He is on point when he said: What the European Data Protection authorities have not yet put together is that the protection of people's mental integrity on the Internet is not solely due to the action of law enforcement... more

'Combosquatting': New Attention for an Old Problem

A study (18-page PDF) from researchers at Georgia Tech and Stony Brook University has attracted attention to what it calls "combosquatting," but the practice has been around since the early days of domain name disputes. The study says combosquatting "refers to the combination of a recognizable brand name with other keywords (e.g., paypal-members.com and facebookfriends.com)." It adds that this practice differs from other types of cybersquatting "in two fundamental ways. more

Artful Misrepresentations of UDRP Jurisprudence

The jurisprudence applied in adjudicating disputes between mark owners and domain name holders under the Uniform Domain Dispute Resolution Policy (UDRP) is essentially a system that has developed from the ground up; it is Panel-made law based on construing a simple set of propositions unchanged since the Internet Corporation for Assigned Names and Numbers (ICANN) implemented them in 1999. Its strength lies in its being a consensus-based rather than dictated jurisprudence. more

Dell Loses Key Customer Support Domain Name for a Month, Site Exposed to Questionable Content

The website designated by Dell Inc. to help customers recover from malicious software and other computer maladies may have been hijacked for a few weeks this summer by people who specialize in deploying said malware, reports Brian Krebs in KrebsOnSecurity. more