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Some Notes on the .XXX Top-Level Domain

Yesterday the ICANN board discussed and approved ICANN staff to enter into negotiations with ICM Registry, Inc. for the .XXX Top Level Domain (TLD). I'm sure there will be a longer more complete presentation from ICANN later about this, but as an individual board member I thought I'd post a quick note before people got carried away with speculation based on a lack of information. more»

An Alternative to .XXX: IANA Adult Port Assignments

As an alternative to the creation of the .XXX TLD, ICANN/IANA can assign special port numbers that can be used to label adult content. IANA assigns port numbers as part of its duties. For example, port 80 is reserved for the HTTP protocol (i.e. the World Wide Web). Port 443 is reserved for the HTTPS protocol (SSL-secure version of HTTP). Port 23 is for Telnet, port 25 is for SMTP, and so on. One can see the full list at here... In a real sense, the IANA port assignments are just suggestions to the world as to what to expect on certain ports, whether it be a mail server, WHOIS, FTP, POP email or any other service/protocol. more»

Moving Target: Spammer Using Over 1000 Home Computers as DNS

Some individual appears to have hijacked more than a 1,000 home computers starting in late June or early July and has been installing a new Trojan Horse program on them. The Trojan allows this person to run a number of small websites on the hijacked home computers. These websites consists of only a few web pages and apparently produce income by directing sign-ups to for-pay porn websites through affiliate programs. Spam emails messages get visitors to come to the small websites.

To make it more difficult for these websites to be shut down, a single home computer is used for only 10 minutes to host a site. After 10 minutes, the IP address of the website is changed to a different home computer... more»

Domain Aftermarket Overdue for an "Asset Repricing"

For the last couple years the domain aftermarket has been hot again, we're seeing valuations not seen since bubble1.0, which saw valuations like 7 million dollars for business.com and 4 million for drugs.com. The TechWreck was induced by the NASDAQ crash of 2000 and the fun was over for awhile. What differentiates this bubble in the domain aftermarket from Bubble 1.0 is domain parking and monetization... The interesting thing is since then, the multiples on domain names have outstripped the multiples on developed websites. To me, this is the equivalent of the "inverted yield curve" that portends economic recessions. more»

New Instance of DNS Root Server Makes Internet History

For the first time in Internet history the number of instances of DNS root servers outside the United States has overtaken the number within. The balance was tipped by the recent launch in Frankfurt of an anycast instance of the RIPE NCC operated K-root server. The K-root server is one of the 13 DNS root servers that resolve lookups for domain names all over the world and form a critical part of the global Internet infrastructure. The K-root server has been operated by the RIPE NCC since 1997 when the first server was installed at the London Internet Exchange (LINX) in London, UK. more»

Splitting the Root: It's Too Late

One of the consistent chants we've always heard from ICANN is that there has to be a single DNS root, so everyone sees the same set of names on the net, a sentiment with which I agree. Unfortunately, I discovered at this week's ICANN meeting that due to ICANN's inaction, it's already too late. Among the topics that ICANN has been grinding away at is Internationalized Domain Names (IDNs) that contain characters outside the traditional English ASCII character set... ICANN has tied itself with the issue of homographs, different characters that look the same or mean the same thing. Once people noticed that IDNs let you register different names that look the same, the intellectual property crowd that has always had a mysteriously great influence on ICANN went into a tizzy and they went into lengthy discussions on what to do about them... more»

The Anti-Phishing Consumer Protection Act of 2008

Last week Sen. Snowe filed bill S.2661, the Anti-Phishing Consumer Protection Act of 2008, or APCPA. While its goals are laudable, I have my doubts about some of the details. The first substantive section of the bill, Section 3, makes various phishy activities more illegal than they are now in its first two subsections. It makes it specifically illegal to solicit identifying information from a computer under false pretenses, and to use a domain name that is deceptively similar to someone else's brand or name on the web in e-mail or IM to mislead people... more»

Report on Distribution Analysis of Internationalized Domain Names

In December 2003, the testing phase of Multilingual domains also known as Internationalized Domain Names (IDN), went live with the addition of over 350,000 multilingual domains to the .com and .net registries. As of 1st January 2004, the .com registry contained 300,409 IDN's, whereas the .net registry had 79,630 IDN's, representing around 1.25% of the total .com and .net domains. WebHosting.Info has analyzed these 380,039 IDN domains that are now live, and provided a detailed insight on trends and patterns across these domains. more»

Domain Registry Models: Thin or Thick?

The domain registrars discussion -- despite the occasional bizarrity -- mostly demonstrates that there is no unanimity among registrars on this issue. So, what arguments can be made in favor of either model, from a registrant's point of view? The thick domain registry model -- under the assumption that registries are more diligent with registrant data than some registrars may be -- helps take care of escrow concerns... more»

The "Parked Domain Monetization" Business

I think that a large number of people buying domains can't get their first choice name because some "parked domain monetization" operation (cyber-squatter) owns it and is making money running ads on the page. The trick is to sign up for millions of domain names; set up pages and run ads on them; after 1 day delete domains that have no traffic; after 3 days delete names that have some traffic; after 5 days delete pages with marginal traffic; keep the 1% of pages that have enough traffic to be worth keeping the domain. Because of the refund policy, the 99% of pages deleted before the 5 day grace period are refunded in full and the "monetizer" gets to keep the ad revenue generated over those 5 days. ...Interestingly, I think Google AdSense probably has boosted the viability of this business. more»

Domain Name Theft, Fraud And Regulations

When it comes to domain name disputes, no domain name has captured more media attention than sex.com. Of course, disputes about sex often obtain a great deal of attention, and the sex.com domain name dispute can grab its share of headlines because the case involves sex, theft, declared bankruptcy, a once-thriving Internet porn business, and fraud, instead of the typical cybersquatting allegations. Indeed, this case is remarkable for its potential impact on the development of caselaw concerning whether there is a valid basis to assume that trademark interests should overwhelm all non-commercial interests in the use of domain names. The answer is no, but the caselaw to support that answer is in tension with cases that strongly imply a contrary conclusion. more»

Google Sued for Trademark Infringement Based on Third-Level Subdomain

It's no surprise that Google has been sued again for trademark infringement, but the basis of this lawsuit is surprising. Rather than another lawsuit over the sale of trademarked keywords to deliver ads (along the lines of the GEICO, American Blinds, Rescuecom and JTH Tax cases, or the dozens of international lawsuits), this lawsuit is based on a Blogspot blog URL. Because of its comparative novelty, this lawsuit raises some complex and unsettled legal issues. more»

Live Nude Domain Names

ICANN announced recently that it has begun negotiations with an applicant for another 'sponsored' (non-open) top level domain, .XXX. There has been a fair amount of coverage, for and against. My initial reaction is (with the proviso that the public information to assess these things is always insufficient): .XXX seems plausible for what it is but it isn't what many probably think it is. ...that's the key to understanding this. This TLD is intended to be a trade association and is not a form of regulation. more»

Wall Street Journal Article on Whois Privacy

Today's Wall Street Journal discusses the fight over Whois privacy. The article on the front page of the Marketplace section starts by discussing how the American Red Cross and eBay use the Whois database to track down scammers: "Last fall, in the wake of Hurricane Katrina, the American Red Cross used an Internet database called "Whois" that lists names and numbers of Web-site owners to shut down dozens of unauthorized Web sites that were soliciting money under the Red Cross logo. Online marketplace eBay Inc. says its investigators use Whois hundreds of times a day..." more»

An Economic Analysis of Domain Name Policy - Part I

"The Root Server is a Scarce Resource" is the focus of part one of a three-part series based on a study prepared by Karl M. Manheim, Professor of Law at Loyola Law School and Lawrence B. Solum, Professor of Law at University of San Diego. Special thanks and credit to Hastings Communications and Entertainment Law Journal, Vol. 25, p. 317, 2004. ...We begin our analysis of domain name policy with a brief excursion into economics. Economics cannot answer all of the questions raised by domain name policy. First, domain name policy must answer to the discipline of network engineering. A useful domain name system must work, and the functionality, scalability, reliability, and stability of the system are determined by the soundness of its engineering. Second, domain name policy must answer to public policy. The Internet is a global network of networks, and Internet policy is answerable to a variety of constituencies, including national governments, the operators of the ccTLDs, Internet Service Providers, information providers, end users of the Internet, and many others. more»