Domain Names

Access to Safe and Affordable Prescription Medications Online is a Human Right

I recently served on a panel at the Toronto RightsCon 2018 conference (Making Safe Online Access to Affordable Medication Real: Addressing the UN Human Rights resolution for access to essential medicines), where I represented the perspective of Americans struggling to afford their daily medications and desperate to have safe, affordable Internet access to their prescriptions. more

Heading Into Panama for ICANN62

Well amazingly, it's that time again. Next week, individuals from around the world with a keen interest in Internet policy will head to Panama City, Panama for the second ICANN meeting of the year. As always, Brandsight will be attending to follow all of the important policy work being carried out by the community. Before I head off to the meeting (which based on my research will actually be my 32nd ICANN meeting!), I'd like to share a preview of the major topics slated for discussion. more

Opting for UDRP Over URS

The Internet Corporation for Assigned Names and Numbers (ICANN) implemented the Uniform Rapid Suspension System (URS) in 2013 together with three other rights protection mechanisms for trademarks. It "is not intended for use in any proceedings with open questions of fact, but only clear cases of trademark abuse"... It was designed to afford rights holders claiming abusive registration of domain names with new gTLD extensions an even faster route to remedy than the Uniform Domain Name Dispute Resolution Policy (UDRP). more

Google Engineer Ben McIlwain on Why HSTS Could Be a Perfect Fit for .Brands Security

The Google-run .app TLD was always destined to draw attention and scrutiny, from the moment it fetched a then-record ICANN auction price of $25 million. Since it reached General Availability in May it has gained more than 250,000 registrations making it one of the world's most successful TLDs. However perhaps more interesting was Google's choice to add the .app TLD and its widely used .google extension to the HTTP Strict Transport Security (HSTS) Top-Level Domain preload list, offering an unprecedented level of security for all domains under .google and .app. more

ICANN vs EPAG: ICANN Seeks Appeal Plus Pushes for ECJ Referral

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

Leveraging Traffic Statistics to Manage Corporate Domain Portfolios

Corporate domain name portfolios often consist of domain names that do not resolve to relevant content. In fact, it's not uncommon for less than half of corporate domains to point to live content. Sure there are domains such as those that point to "sucks" sites or those registered anonymously for future use that purposely do not resolve, but those are the exception to the rule. more

WHOIS Users Facing Serious Challenges Caused by Post-GDPR Fragmentation

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

What Happens If Two Applications for a New gTLD Are a City and a Family Name?

When applying for a new gTLD, what happens if two applications for the same extension are a city and a family name? Which one wins? Let's imagine that a person whose family name is "Marseille" applied for the .MARSEILLE new gTLD in the next round of the ICANN new gTLD program. What if there was a .MARSEILLE new gTLD too but as the name of the French city? more

ICANN vs Epag/Tucows: German Court Rules Against ICANN

German courts seem to be pretty fast, so instead of having to wait weeks or months to see how they'd rule, we've already got the answer. The German court in Bonn has ruled that EPAG (Tucows) is not obliged to collect extra contacts beyond the domain name registrant. The decision, naturally, is in German, but there is a translation into English that we can use to understand how the court arrived at this decision. more

ICANN vs EPAG/Tucows: Tucows Releases Statement on What They're Doing and Why

As I noted over the weekend, ICANN has instigated legal action against EPAG, an ICANN accredited registrar based in Germany that is part of the Tucows group. ICANN claims that the case is to "preserve WHOIS data", but Tucows asserts in their statement that the ICANN approach is flawed. It's not a frivolous statement, but one they've backed with fairly detailed rationale - and this is just their public statement and not a formal legal filing. more

What Domain Names Get Transferred: Why and Why Not?

Think of trademarks situated on a continuum with famous and well-known at one end and less well-known or unrecognized by average consumers at the other. On one end there is certainty of infringement... at the other end, certainty of having the complaint denied either for lack of proof or overreaching... At some point along the continuum, it becomes uncertain whether respondents registered accused domain names in bad faith, and the question has to be answered by examining the facts. more

GDPR Your Domains For Sale? How to Keep Your Domain Name Lottery Ticket Alive

Have you ever sold a domain name that was just sitting in your registrar account? Maybe it was for that idea you had, but never found the time to develop. Perhaps it was for a business or website you once ran and then let go by the wayside. Then one day, out of the blue, that dormant domain turned into a winning lottery ticket. You got a random call or email from an interested party and the next thing you know that domain (which you've forgotten why you even renew it each year) is sold for $3,000 or $30,000 or more. more

.APP gTLD Signs of Life Web Usage Survey

When a new TLD goes into General Availability or Land Rush, the first few days are filled with registrations that reflect how the market perceives the TLD. Registrants may register domain names to develop or for speculative purposes. Others register to protect their brand. The first major web usage survey for a new TLD is generally a Signs of Life survey where the early stages of development can be detected. These surveys were based on the May 19th, 2018 .APP zone file. more

Thoughts from ICANN's Global Domains Division Summit in Vancouver

Last week, several hundred commercial parties involved in the ICANN ecosystem gathered in Vancouver for their annual Global Domains Division (GDD) meeting. Over 600 individuals took part in the meeting which brought together representatives from ICANN's contracted parties. This meeting differs from traditional ICANN meetings as no policy work takes place and discussions are more focused on commercial and operational matters. more

GDPR, ICANN, and Registrar WHOIS

On Friday I was on a surprisingly interesting session at Rightscon 2018 in Toronto about GDPR and WHOIS. The panel consisted of Eleeza Agoopian from ICANN staff; Avri Doria who was recently appointed to the ICANN board; Elliot Noss who runs large registrar Tucows; Stephanie Perrin who has done a lot of privacy work for the Canadian government and as an ICANN volunteer, and me; Milt Mueller, who is now at Georgia Tech, moderated. more