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Mr. Arif Ali, a lawyer with Dechert who is very familiar with ICANN governance and has represented numerous parties in ICANN related matters, wrote an extraordinarily detailed and comprehensive critique of the LOI and of Amendment 3. Mr. Ali noted that two of ICANN's most important obligations are to operate for the benefit of the Internet community as a whole and to enable competition and open entry in Internet-related markets, and that the proposed price hikes do not support these obligations... more
The threshold for an actionable claim under the Uniform Domain Name Dispute Resolution Policy (UDRP) is a trademark in which complainant has rights. "Rights" means a trademark that could have been newly minted a moment before filing the complaint. This is different from the Anticybersquatting Consumer Protection Act (ACPA) in which trademark owners must have a "mark that is distinctive at the time of registration of the domain name." The difference is important... more
The new TLD program was a long time coming and now we have over 600 options for domain name endings, with more on the way. It made sense to a lot of people that options other than the already crowded .com space were needed but did we really envisage the plethora of ultimately "similar" TLDs that would rise from the ICANN process? more
With Bill Clinton's appearance at ICANN San Francisco now confirmed to be more than mere rumor, the March meeting will be a very big event indeed. On its home turf, and under the glare of possibly unprecedented global attention, ICANN may feel some pressure to make sure it has some noteworthy news to announce at the end of the week, after its Board of Directors meets. more
On 19 February 2020, ICANN announced that ICANN67 would be held via remote participation out of an abundance of caution associated with the COVID-19 outbreak. Little did we know at the time that twelve months later, ICANN meetings would still be held via remote participation. For a community that has been accustomed to meeting face-to-face at least three times a year since ICANN1 in Singapore in March 1999, this has created a tremendous challenge for how we conduct our business. more
The Internet Society and Public Interest Registry (PIR) have reached an agreement with Ethos Capital, under which Ethos Capital will acquire PIR and all of its assets from the Internet Society. Public Interest Registry (PIR) is the nonprofit corporation that operates the .ORG top-level domain. more
When .org prices rise, who suffers – nonprofits or speculators? Will Ethos Capital raise prices more aggressively than ISOC would? Vint Cerf attributed concerns about higher prices to speculators: "Of course, companies that hold domain names in the tens of thousands for speculative purposes might find such increases more troubling, but I don't have much sympathy for that business model in the context of the organizations the .org brand is intended to serve." more
The ICANN Board resolutions adopted during the retreat in Trondheim, Norway on the 25th of September, 2010, painted yet another question mark for new Top-Level Domains (TLDs), despite its positive outlook. While the Board seems dedicated to resolve all the outstanding issues, applicants were still left in the dark in regards to some key issues that affect the economics of launching new TLDs. more
The two major providers of arbitration services for adjudicating cybersquatting complaints under the Uniform Domain Name Dispute Resolution Policy (UDRP), the World Intellectual Property Organization (WIPO) and Forum, issue daily lists of decisions. In approximately 90% of those disputes, the registrations cannot be described as anything less than mischievous in acquiring second level domains incorporating well-known or famous marks. more
The first part of this series explained how Amendment 35 to the NTIA-Verisign cooperative agreement is highly offensive to the public interest. But the reasons for saving the Internet are more fundamental to Western interests than a bad deal made under highly questionable circumstances. One of the world's foremost experts on conducting censorship at scale, the Chinese Communist Party's experience with the Great Firewall... more
I am glad to announce that the European Commission has officially launched the process to select the next Registry for the .eu Top-Level Domain (TLD). This is done through a competitive procedure that will be concluded, by October 2021, with the signature of a service concession contract between the European Commission and the entity that will be entrusted with the organisation, administration and management of the .eu TLD. more
The Internet has provided an unprecedented number of opportunities while raising far-reaching legal issues. It has created a complex matrix of national laws, global circumstances and new definitions -- or, at least, definitions in progress. The turmoil over Brexit and the international implications of the EU General Data Protection Regulation are signs of the times; as are issues surrounding domain names. more
How much phishing is there? Where is it occurring, and why? How can it be reduced? I and my colleagues at Interisle Consulting have just published a new study called Phishing Landscape 2020, designed to answer those questions. We assembled a deep set of data from four different, respected threat intelligence providers and enriched it with additional DNS data and investigation. The result is a look at phishing attacks that occurred in May through July 2020. more
A discussion is presently underway about the Uniform Rapid Suspension System (URS) (and in Phase 2 next year of the Uniform Domain Name Resolution Policy (UDRP)), whether it is performing as intended. The URS is less than five years old, and there are not an overwhelming number of decisions. Since 2013, rights holders have filed less than one thousand complaints (with three providers, the Forum being the most active), which translates into less than 170 decisions annually... more
As part of a plan to unify Australian basketball digital front, Basketball Australia is moving its official website to a new TLD-based domain name at www.australia.basketball. more
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