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The Continuing WHOIS Disappearing Act

WHOIS is about to become even harder to find. ICANN has recently concluded long-delayed contract negotiations with industry meant to accommodate the technical migration from the WHOIS protocol to the Registration Data Access Protocol (RDAP). Instead of limiting the changes to what's necessary to implement the new technical protocol, the proposals effectively gut WHOIS, making it virtually impossible to find by eliminating web-based WHOIS access... more

Diversity of View or Unacceptable Inconsistency in the Application of UDRP Law

The general run of Uniform Domain Name Resolution Policy (UDRP) decisions are unremarkable. At their least, they are primarily instructive in establishing the metes and bounds of lawful registration of domain names. A few decisions stand out for their acuity of reasoning and a few others for their lack of it. The latest candidate of the latter class is NSK LTD. v. Li shuo, FA170100 1712449 (Forum February 16, 2017)... It is an example of inconsistency in the application of law. more

New Research Finds Over 80% of Domain Names Used by Phishers Are Legitimate Domains

New research from the Anti-Phishing Working Group (APWG) has found that up to 81% of domain names used for phishing are legitimate domains that have been hacked. More specifically, out of the 30,454 phishing domains under observation, only 5,591 domain names (18.5%) were registered by phishers according to APWG. The remaining small percentage of the domains used in phishing belonged to subdomain resellers such as ISPs and other web-based services. more

Public Interest Registry Adds Three New Members to Its Executive Team

Public Interest Registry (PIR), the nonprofit operator of the .org domain, has announced the addition of three new members to the organization's executive team. more

Australians Prefer .au Domain Names, Usage on the Rise

AusRegistry today released survey results of more than 3,000 Australians confirming that .au domain name registrations are on the rise, with 76% of all domain name holders choosing .au, an increase of 2% from last year. The survey also found .au remains Australia's home on the Internet with more than double the level of trust over any other namespace. more

ICANN’s Accountability and Transparency – a Retrospective on the IANA Transition

As we passed five years since the Internet Assigned Numbers Authority transition took place, my co-authors and I paused to look back on this pivotal moment; to take stock of what we've learned and to re-examine some of the key events leading up to the transition and how careful planning ensured a successful transfer of IANA responsibilities from the United States Government to the Internet Corporation for Assigned Names and Numbers. more

Is the Lockdown Driving Domain Registrations?

Businesses across Europe face a new and challenging situation not seen in generations. A mass lockdown of society due to the coronavirus pandemic with thousands of businesses having been forced to send employees home. The societal impact is broad and deep; however, for ccTLD registries, beyond changes to how staff work, other business effects so far seem minimal. One aspect of registry business may, however, be changing. more

ICANN and Voodoo Economics in Wonderland

The exposed areas needing improvement by ICANN - both the organization as well as its global community of stakeholders - provide a target-rich environment. In the nearly three years since the completion of the transition of the Internet Assigned Names Authority (IANA), ICANN has persistently sought to drive top-down dictatorial policymaking; to shroud its activities and decision-making from public view; and, to evade accountability -- in some cases even doubling down on its efforts. more

The Strength of Top-Level Domains in UDRP Decisions

Another domain name dispute decision -- this one for '24hour.fitness' -- has highlighted the increasing (potential) relevance of the top-level domain (TLD) under the Uniform Domain Name Dispute Resolution Policy (UDRP). As I have written before, the proliferation of new TLDs is having an impact on whether and how UDRP panels consider the TLD in their decisions. more

.Org: ICANN’s Betrayals and its Opportunity to Act Now in the Public Interest

ICANN's repeated betrayals of the public interest have created the conditions for Ethos Capital's proposed purchase of .Org. The growing outrage directed at ICANN is raising questions about ICANN's legitimacy and the wisdom of having entrusted ICANN with oversight over the domain name system ("DNS"). ICANN has shown itself to be out of touch with and unresponsive to the public interest. ICANN now has an opportunity to remember its mission... more

Brand Protection Beyond the “Whack-a-Mole” Approach

I recently shared at a conference how a seasoned brand and fraud expert from one of the world's largest global financial institutions lamented a major attack where multiple fraudulent websites would pop up every single day. All attacks were launched from the same registrar and web hosting company, and no matter how much they reached out to these providers, they received the same reply: "we will pass on your request to the registrant or site owner," and then nothing happened. more

Domain Name System to Be Featured Prominently in Upcoming Review of EU Safe Harbor Rules

In July 2019, Netzpolitik and others leaked an internal document by DG Connect that outlines the European Commission's thoughts on an update of the E-Commerce Directive. Based on this document, it seems that the domain name system and its actors will be prominently addressed in the Ursula von der Leyen's Commission-cycle from 2019 to 2025. more

Significant Increase in Registry Locked Names Across Top 500 Most Highly-Trafficked Sites

A recent study conducted by Brandsight has revealed that 28% of the top 500 most-highly trafficked sites now employ registry locking. In contrast, only 15% of the top 500 most highly-trafficked sites were leveraging registry locking in 2013. Back in 2013, only 356 of the top 500 most-highly trafficked sites could be registry locked, but that number has also risen significantly so that now 396 of the top 500 most-highly trafficked sites are eligible. more

ICANN, Ukraine and Leveraging Internet Identifiers

Ukraine's representative to ICANN's Governmental Advisory Committee (GAC) has sent a letter to the Internet Corporation for Assigned Names and Numbers (ICANN) to remove Russian-administered top level domains (.RU, .SU and .рф) from the DNS root zone. In a separate letter, Ukraine's representative also asked RIPE NCC to withdraw the right to use all IPv4 and IPv6 addresses by all Russian members of the regional IP registry for the European region. more

Explaining the Legal Enforceability of the PIC Proposed by Ethos for .ORG

Ethos Capital has recently announced that it has voluntarily proposed to add an amendment to Public Interest Registry's (PIR) .ORG Registry Agreement with ICANN in the form of a Public Interest Commitment, also known as a "PIC." In the press release Ethos indicated that the PIC would become "legally binding" and "enforceable" both by ICANN and by members of the community. I anticipate that some would ask a number of logical questions: How would that work in practice? more