.INSURANCE, New Domain Name Option for the Insurance Industry

source: A New Domain Name Option for the Insurance Industry | Carlton Fields - JDSupra

ICANN Accountability and Transition in ICANN’s New gTLD Program

source: Accountability and Transition in ICANN’s New gTLD Program | Dechert LLP - JDSupra

Domain Name Registrant, Registrar, Registry, A Primer

source: Registrar, Registry, Domain Name…A Quick Primer… | Buchanan Ingersoll & Rooney PC - JDSupra


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Domain Name Re-Registration Is A Registration Under ACPA

source: Re-Registration of a Domain Name Constitutes “Registration” Under the ACPA (Jysk Bed’N Linen, Inc. v. Monosij Dutta-Roy) | McDermott Will & Emery - JDSupra

Halting Business And Seizing A Domain Name Without Due Notice?

Halting Business And Seizing A Domain Without A Moment’s Notice | Jeff Ifrah - JDSupra

What China's Anti-Terrorism Law Means For ISPs and Domain Names

The State Council of China has published the Anti-Terrorism Law of the People's Republic of China, to combat the threat of terrorism. Service providers of various industries (including telecommunication and Internet service providers or ISPs) must comply--e.g., verify the true identity of the users/customers before they can provide any services to such users/customers, provide assistance and technological support (including technological interface and decryption) to the public security bureaus and national security authorities for the purpose of preventing and investigating terrorism activities, take security measures and adopt monitoring mechanisms to identify terrorism and extremism information. Presumably these provisions may also apply to domain name registry operators and registrars.



Source: China’s Anti-Terrorism Law – what it means for telecommunications and Internet service providers | DLA Piper - JDSupra:

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Domain Name Strategies for Start-Ups: Trademark, Copyright, Unfair Competition

source: Domain Name Strategies for Start-Up Companies | Foley Hoag LLP - Trademark, Copyright & Unfair Competition - JDSupra

Domain Name Security and Scam Alert

1f You Can R3ad Th15 – Security and Scam Alert | McCarter & English, LLP - JDSupra:




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Purchase .SUCKS Domain Name?

Purchase .Sucks Domain? | Lowndes, Drosdick, Doster, Kantor & Reed, P.A. - JDSupra:

Purchase .SUCKS Domain Name?

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A Domain Name? Many Small Businesses Use Facebook, Not Websites

Facebook CEO Mark Zuckerberg Says Many Small Businesses Use Facebook, Not Websites:

"Facebook plays an increasingly important role in how companies, particularly small businesses, connect with customers, Facebook CEO and founder Mark Zuckerberg said November 6th, during the first public town hall livestreamed from Facebook's Menlo Park, California, headquarters. Zuckerberg said 30 million businesses use Facebook pages, and "something like 30 or 35 percent of small businesses in the U.S. don't even have a website and just use something like a Facebook page to communicate with their customers."(source: Bloomberg BNA)

Who needs a domain name and website, when you can just use a Facebook page?

Domain Mondo | domainmondo.com: Are Domain Names Dinosaurs?: "... Need a web page? Facebook or Google or Amazon or Tumblr or Twitter or LinkedIn or Pinterest (and many, many others) will gladly provide you a web page with its own distinct URL, on an easy to use platform with lots of traffic, accessible on any device, including mobile devices through a native app, all for free! So the real competition for new gTLDS are Facebook et al, and apps--a "Billion-Dollar Trend" that alone is a major domain name killer...." (read more at link above)

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VOA Trademark Case, Website with “Undeniable Governmental Aesthetic”

Ref. Namer v. BROADCASTING BOARD OF GOVERNORS, Dist. Court, ED Louisiana 2013 - (Google Scholar)

Federal Government Wins Trademark Battle to Shut Down “Voice of America” Website with “Undeniable Governmental Aesthetic” | Foley Hoag LLP - Trademark, Copyright & Unfair Competition - JDSupra:


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Milton Mueller on ICANN, IANA Functions, and IANA Transition (video)

Milton Mueller (GNSO) -

Milton Mueller on ICANN and the IANA Transition (video above) Published on Oct 17, 2014
Milton Mueller discusses his representation of the GNSO on the IANA Stewardship Transition Coordination Group (ICG) during the group’s second meeting in Istanbul, 6 September 2014.

Read also: Cauldron part 2: Is the names IANA compatible with the others? | IGP Blog: ".... the twin assumptions that 1) the IANA functions operator must be a single entity combining names, protocols and numbers, and 2) that the single entity should be inside a corporation [ICANN] that is responsible for policy making for domain names not only has practical problems – it poses major risks to the future autonomy of the internet. Although it has helped to uncover these dilemmas, the ICG process of allowing each community to develop its own IANA transition proposal actually minimizes these dilemmas. If all of these communities were thrown into the same cauldron to work out their desired transition plan, the temperature would surely rise even higher and the conflicts would be even more intense."

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ICANN 51, Monday Highlights, Sunday Recap

ICANN 51--Monday, 13 October, Schedule Highlights:
07:15 to 08:15 PDT ALAC Meeting with the NCSG Olympic
08:30 to 10:00 PDT Welcome Ceremony and President's Opening Session (more info here)
10:30 to 12:00 PDT GNSO Data & Metrics for Policy Making Working Group Encino
10:30 to 12:00 PDT IANA Department - Who, What, Why? Plaza Pavilion
10:30 to 12:00 PDT SO/AC-Led High Interest Topic Session Los Angeles
11:00 to 12:15 PDT ccNSO Council Preparatory Meeting [C] Westwood

12:00 to 13:00 PDT News Conference (more info here)
12:15 to 13:45 PDT CWG --IANA Stewardship Transition Proposal on Naming Related Functions
13:15 to 14:15 PDT Global Domains Division (GDD) Update Beverly Hills
14:00 to 15:30 PDT All Things WHOIS - Now and in the Future Los Angeles
14:00 to 15:30 PDT Finance Open Session Brentwood
15:00 to 17:00 PDT Joint Registries, Registrars and TLD Applicants Meeting Constellation
15:15 to 16:30 PDT Update on Next Round of New gTLDs Beverly Hills
16:00 to 17:15 PDT ICANN Accountability and Governance Cross Community Group Meeting
16:45 to 18:00 PDT New gTLD Program Update Beverly Hills
17:00 to 18:00 PDT At-Large ATLAS II Implementation Taskforce Olympic
17:00 to 18:30 PDT DNSSEC for Everybody: A Beginner's Guide Pacific Palisades
17:00 to 18:30 PDT Joint ccNSO-GNSO Council Meeting Constellation
18:00 to 19:00 PDT At-Large New gTLD Working Group Olympic
18:30 to 19:30 PDT A Conversation with Steve Crocker and Leonard Kleinrock Los Angeles

(ICANN 51 Full Schedule)

Sunday Recap (Tweets--go to links for more):

GNSO: #newgTLD #domains unrecognized by many browsers, software, apps - IP addresses and TLDs are NEVER guaranteed #ICANN51 #ICANN
— Domain Mondo (@DomainMondo) October 12, 2014

Just blogged: The cauldron begins to bubble - update on the IANA transition http://t.co/cQAjbK41LD #ICANN51
— Milton Mueller (@miltonmueller) October 12, 2014

#ICANNisBroken El dominio '.gay', a subasta al mejor postor @ICANN @dotgay
— RAGAP España (@ragap_es) October 12, 2014

#ICANN51 GAC, China: ICG defined 3 functions for #IANAsteward transition prop: protocol parameters, names & numbers. What about root zone?
— Samantha Dickinson (@sgdickinson) October 12, 2014

#ICANN51 GAC, Brazil: if we limit #IANAsteward to compliance w NTIA conditions, we miss opportunity to address global ICANN accountability.
— Samantha Dickinson (@sgdickinson) October 12, 2014

List of govts wishing to speak at #ICANN51 GAC discussion on #IANAsteward is getting longer & longer. 2.5 hr session won’t be long enough.
— Samantha Dickinson (@sgdickinson) October 12, 2014

#ICANN51 GAC, Portugal: what’s still unknown is the future of #ICANN - how to resolve fact it operates under Californian law. 2/2
— Samantha Dickinson (@sgdickinson) October 12, 2014

#ICANN51 GAC, France: supports Brazil & Portuga - not possible to consider #IANAsteward w/o also including #ICANN accountability in package.
— Samantha Dickinson (@sgdickinson) October 12, 2014

#ICANN51 GAC, France: #ICANN accountability critical. Europe's experience shows appeal mechanisms aren’t credible, fair or accessible to all
— Samantha Dickinson (@sgdickinson) October 12, 2014

#ICANN51 GAC, France: GAC development of #IANAsteward principles is good idea, but also needs to include accountability reform too.
— Samantha Dickinson (@sgdickinson) October 12, 2014

New gTLDs Cause ICANN To Appoint Chief Contract Compliance Officer #newgTLD #domains http://t.co/DoExVRdzBi #ICANN #ICANN51
— Domain Mondo (@DomainMondo) October 13, 2014

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ICANN Follies, New gTLD Domain Names, New Security Threats

As a result of ICANN's New Generic Top Level Domains (new gTLDs), being rolled-out, new security threats are increasingly being reported--

Recently introduced TLDs create new opportunities for criminals | CSO Online: Sep 22, 2014 "...The [new g]TLDs ... [have] become a goldmine for criminals, who can often bypass network defenses guarding against phishing and C&C communications by using a domain that's outside of the norm. According to researchers at Malwarebytes, many of the newly released TLDs have been linked to various malicious activities on the Web in the last 60-days, including malware propagation and phishing. Some of the [new g]TLDs that were singled out include .pictures, .club, .xyz, .email, .company, .directory, .support, and .consulting... many of them were properly registered. However, the web servers they're pointed at were compromised. Many of the compromised servers were being used to propagate the Angler Exploit Kit. The Angler kit targets vulnerable Internet Explorer browsers, Java installations, and Adobe products. It's also known to attempt an infection without writing the malware to the system's drive, leaving the code running in memory. Angler mostly installs Zeus-based malware, targeting authentication credentials and financial data. At the same time, it's able to deliver any payload available depending on the campaign. Earlier this year, it was linked to a massive phishing campaign, which compromised more than 46,000 systems...." (read more at link above, emphasis added)

https://yourfakebank.support -- TLD confusion starts! - Internet Security | SANS ISC: Sep 16 2014 "Phishing emails per se are nothing new. But it appears that URLs like... [looks similar to this: hxxps://url-bofa.support/BankofAmerica.com] in the phishing email... have a higher success rate with users. I suspect this is due to the fact that the shown URL "looks different", but actually matches the linked URL, so the old common "wisdom" of hovering the mouse pointer over the link to look for links pointing to odd places .. won't help here. But wait, there's more! Since the crooks in this case own the [new gTLD] domain [name], and obviously trivially can pass the so-called "domain control validation" employed by some CA's, they actually managed to obtain a real, valid SSL certificate!..." (read more at the link above, emphasis added)

ICANN's Fresh Top Level Domains: a Gift to Phishers - Infosecurity Magazine: 18 Sep 2014 "... “Pretty much ever since TLD .biz went online a couple years ago, and the only ones buying domains in this space were the scammers, we kinda knew what would happen when ICANN's latest folly and money-grab went live,” SANS researchers said in a bulletin. It looks like a number of the new top-level domains, like .support", .club, etc. have now come online. And again, it seems like only the crooks are buying.”...." (read more at link above, emphasis added)

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Domain Names Industry, ICANN, Regulatory Capture

"ICANN has been largely captured by the [domain] names industry"

What is "capture?"

Regulatory Capture: definitions--
Regulatory capture - Wikipedia: "Regulatory capture is a form of political corruption that occurs when a regulatory agency, created to act in the public interest, instead advances the commercial or special concerns of interest groups that dominate the industry or sector it is charged with regulating. Regulatory capture is a form of government failure [or Internet governance failure in the case of ICANN]; it creates an opening for firms to behave in ways injurious to the public (e.g., producing negative externalities). The agencies are called "captured agencies"."

Regulatory Capture Definition | Investopedia: "Regulatory capture is a theory associated with George Stigler, a Nobel laureate economist. It is the process by which regulatory agencies eventually come to be dominated by the very industries they were charged with regulating. Regulatory capture happens when a regulatory agency, formed to act in the public's interest, eventually acts in ways that benefit the industry it is supposed to be regulating, rather than the public."

"... regulatory capture occurs because groups or individuals with a high-stakes interest [ICANN's high-stakes stakeholders--e.g., Registries, Registrars, and Registry service providers] in the outcome of policy or regulatory decisions can be expected to focus their resources and energies in attempting to gain the policy outcomes they prefer, while members of the public, each with only a tiny individual stake in the outcome, will ignore it altogether.[1] Regulatory capture refers to the actions by interest groups when this imbalance of focused resources devoted to a particular policy outcome is successful at "capturing" influence with the staff or commission members [i.e., ICANN groups, committees, Board of Directors] of the regulatory agency [ICANN], so that the preferred policy outcomes of the special interest groups are implemented..." (source: Wikipedia, supra)

Regulatory economics - Wikipedia: "... Countering, overriding, or bypassing regulation is Regulatory Capture where a regulatory agency created to act in the public interest, instead advances the commercial or special concerns of interest groups that dominate the industry that the agency is charged with regulating. The probability of regulatory capture is economically biased, in that vested interests in an industry have the greatest financial stake in regulatory activity and are more likely to be motivated to influence the regulatory body than dispersed individual consumers, each of whom has little particular incentive to try to influence regulators. Thus the likelihood of regulatory capture is a risk to which an agency is exposed by its very nature..."

This is a well-known flaw at the heart of multistakeholderism. To paraphrase George Orwell, within ICANN, all stakeholders are equal, but some are more equal than others. ICANN's high-stakes stakeholders with vested interests--e.g., domain name registry operators, service providers, and registrars--have "captured" the organization, dominate its decision-making, policies and outcomes, Board of Directors, and are generally over-represented throughout its organizational structure. The most effective counter to powerful commercial vested interests are governments, but in the case of ICANN, governments are relegated to an advisory capacity except for the United States government which still holds "ultimate power and authority" by virtue of its agreements and contracts with ICANN. As for domain name registrants, who are the actual customers or consumers of domain names (and who pay a fee to ICANN included as part of the registration fee for each domain name), they have almost no representation within ICANN--there is no "Registrants Group" within the ICANN structure (unlike the multiple groups who represent registries (one for gTLDs, one for ccTLDs, etc.) and registrars. Unsurprisingly, ICANN's record of protecting domain name registrants from price-gouging and other abusive registry and registrar practices is almost non-existent. So much for the multistakeholder model of Internet governance as practiced by ICANN.

A good example of  ICANN's capture by the Domain Names Industry is ICANN's new gTLDs program where ICANN, ridden with conflicts of interest at its highest levels, subverted the wider public interest in favor of the high-stakes stakeholders' interests--

Ethics Fight Over Domain Names Intensifies - New York Times  March 18, 2012: "The Commerce Department ...warned the organization [ICANN] that it needed to tighten its rules against conflicts of interest or risk losing a central role.... ICANN has come under heightened scrutiny because of an initiative to increase vastly the number and variety of available Internet addresses. Under the plan, which ICANN is putting into effect, hundreds of new “top-level domains” — the letters like “com” that follow the “dot” in addresses — are set to be created. Some business groups say the expansion of domains will cause a rise in trademark violations and cybersquatting, while some governments object to Icann’s move to create address suffixes like .xxx, for pornography. But the initiative has been cheered by companies that register and maintain Internet addresses. A number of current and former members of the ICANN board have close ties to such registrars or to concerns involved in other areas that stand to benefit from the expansion... [Rod] Beckstrom [former ICANN Chairman]... “... all [ICANN] top leadership is from the very domain-name industry it is supposed to coordinate independently... “A more subtle but related risk is the tangle of conflicting agendas within the board...”... the United States government is also dissatisfied with ICANN. The Commerce Department said it had canceled a request for proposals to run the so-called Internet Assigned Numbers Authority because none of the bids met its requirements: “the need for structural separation of policy-making from implementation, a robust companywide conflict of interest policy, provisions reflecting heightened respect for local country laws and a series of consultation and reporting requirements to increase transparency and accountability to the international community.” Eyebrows were raised last year when Peter Dengate Thrush, former chairman of ICANN and a fan of the domain name expansion, joined a company that invests in domain names. [Read more at the link above--a version of this article appeared in print on March 19, 2012, on page B6 of the New York edition with the headline: Ethics Fight Over Domain Names Intensifies.]

See also:

• Most New gTLD Domain Names Are On Life-Support, Infecting Other gTLDs
• ICANN Board of Directors, Conflicts of Interest
• For Domain Name Registrants, ICANN Is Useless
• ICANN Process for New gTLDs Dysfunctional -- from the beginning
• ICANN, New gTLD Domain Name Renewal Fees, Price Gouging
• ICANN Fails to Prohibit Warehousing OR Speculation in Domain Names by new gTLD Registry Operators and Registrars
• ICANN, Kurt Pritz, Conflict of Interest, new gTLD domain names program
• New gTLD domain names, exorbitant prices, ICANN Incompetence
• Does ICANN Exist Primarily to Enrich Insiders and Contractors?

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Negative Trends for Domain Names, Domain Name Industry

Google Trends - Web Search interest: tld, Top-level domain, domain name, icann - Worldwide, 2004 - present: TLD, Top-Level Domain, Domain Name, ICANN

Registrar Stats reported a total net loss of 3,511 registered domain names in their Total TLD Domain Counts report for September 20, 2014. Of the 10 largest gTLDs (generic Top-Level Domains), all showed a net loss of registered domain names, except for .COM, .XYZ, .ASIA, and .BERLIN. What will happen next year when it comes time for renewals of new gTLD domain names (which are generally priced higher than .COM domain names)?

Maybe ICANN is 10 years too late in launching 1000+ new TLD domain name extensions--maybe, as Chris Dixon has said, the audience and all the action is going mobile--moving towards native mobile applications, bypassing the web altogether. Whatever it is, the numbers are not impressive in most of the new gTLDs, and in recent months there's been a spate of stories negative on domain names (new gTLDs) and the domain name industry (registrars/registries)--here's a sampling:

GoDaddy’s proposed IPO--Go time or past time?

Critical Look at New gTLD Registries' Tactics

Hey domain registrars, get your sh*t together!

Why most brands may never sign the ICANN contract

Update on the Status of Already-Launched gTLDs: Is Anyone Out There?

Rightside – Short Idea – Trending on towards the Wrong-side

New TLDs: is it an awareness, acceptance or demand issue?

ICANN Insiders On New gTLDs: Mistakes, Fiascos, Horrible Implementation

Verisign Ranked #1 By Z-Score Which Predicts Companies Heading Into Serious Financial Distress

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ICANN Economic Study RFP, Global Domain Name System Market

Interesting RFP--this should have been done on a regular basis beginning years ago (and certainly before new gTLDs were ever authorized); hopefully the contractor chosen will be unbiased and competent--if you know of any competent, qualified candidate, please pass this along:

Request for Proposal for Economic Study - ICANN: ICANN Announcement September 8, 2014:

"The Internet Corporation for Assigned Names and Numbers ("ICANN") is seeking one or more provider(s) to conduct an economic study examining pricing trends and other competition indicators in the global domain name system (DNS) market. The selected provider(s) will design and execute an initial study to create a meaningful baseline of data on multiple factors of competition and will perform a follow-on study one year later, to generate and analyze a set of comparison data. ICANN is seeking one or more qualified providers to manage this complex exercise in a timely and efficient manner.

"ICANN anticipates a contract to be signed and work to begin with the selected provider(s) no later than November 2014.

"As part of ICANN's Affirmation of Commitments ("Affirmation"), ICANN has pledged to promote competition, consumer trust, and consumer choice. The Affirmation outlines ICANN's responsibilities to the global community of Internet users, who are all served by the DNS. The Affirmation focuses on three primary areas of accountability: (a) ensuring accountability, transparency and the interests of global Internet users; (b) preserving security, stability and resiliency of the DNS; and (c) promoting competition, consumer trust and consumer choice. Each of the focus areas includes regular reviews by the community to gauge ICANN's performance.

"The economic study will capture some of the metrics proposed by ICANN's community to evaluate the impact of the New gTLD Program on competition, consumer choice and consumer trust. A multi-stakeholder review team, to be formed, will include the findings as it examines other measures of competition, such as survey findings on end users' perceived choice in the DNS, as well as the quantities of new gTLD operators, service providers, registrars, domain name registrations, and other metrics. The review may also provide recommendations to ICANN on additional initiatives that should be undertaken.

"As the DNS serves a large ecosystem of registries, registry service operators, registrars and resellers, and domain name registrants, the study must be able to capture inputs in a representative manner from across the multitude of players relevant to marketplace practices.

"For additional information and instructions for submitting responses please click here [ZIP, 799 KB].

"Proposals should be submitted to economicstudy-rfp@icann.org by 23:59 UTC on 29 September 2014." (source: ICANN, emphasis added)

Questions: 

• What data, specifically, is being collected? What methodologies of data collection and analysis are being used? What data, specifically, is not being collected, or not able to be "captured" that might be relevant?
• Who is interpreting the data? The data may be subject to multiple interpretations. Therefore, will ICANN disclose the raw data, the methodologies used for collection and analysis, and alternative interpretations?
• How is ICANN (or anyone else) measuring (what are the "metrics") "competition, consumer choice and consumer trust"? These are loaded terms with multiple meanings depending on the vested interests at stake.

Recommendation to ICANN: If ICANN wants an unbiased, competent, valid study, it should automatically disqualify anyone from, or referred by, any member of the so-called Domain Name Association--this is the industry group representing, principally, some of the new gTLD registry operators and others in alliance with their self-seeking goals, which may be detrimental to the interests of the domain name industry as a whole or the wider public interest--the conflict of interest is obvious.

Report submitted by: contributing editor, John Poole, Domain Mondo

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After 3 year legal batte, Connectify.me gets Connectify.com for free

Interesting article at the link below (excerpt follows) that details a 3 year legal battle for connectify.me to acquire the domain name connectify.com after the seller defaulted on the sales agreement--

After years-long URL fight, Connectify just got Connectify.com — for free - Technical.ly Philly: ".... the company, which sells software that can turn any Windows computer into a WiFi hotspot, had been using Connectify.me as its main website. It had tried to acquire Connectify.com, but once Connectify put the money into escrow, Connectify.com’s owners backed out ... Then [after 3 year legal battle] ... Cisco’s lawyers sent Connectify’s lawyers a letter saying they would transfer the domain to them — for free. Turns out that the owners of Connectify.com — a Seattle-based company called Pure Networks, according to Cisco spokeswoman Robyn Blum — sold their company to Cisco in 2008, making Cisco the legal owners of the site...." (read more at link above)

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Internet, domain name, web, website, net, 1908-2008

"Internet, domain name, web, website, net," 1908-2008 (English) in Google Books Ngram Viewer below (when you enter phrases into the Google Books Ngram Viewer, it displays a graph showing how those phrases have occurred in a corpus of books over the selected years):



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Silicon Valley Dot COM Boom 2.0

2Q_14_VCchart.pdf

VC funding in the second quarter included dropbox.com, uber.com, lyft.com, pinterest.com, postmates.com, instacart.com, and many other dot COMs you have not heard of--yet.

"... the second quarter this year has been bigger and better for VCs and startups than any other quarter in about a decade...  entrepreneurs have dusted off business models for delivery service, social media and e-commerce companies, and venture capitalists have poured money into startups extrapolated from some of the most famous dot-com busts. But now, say analysts, the time is right -- mobile technology has advanced, consumers are more tech-savvy than they were in the '90s, money is abundant and the bull market just won't seem to quit..."Back then, the idea was right, the vision of the future was right," said Robert Ackerman, managing director and founder of Allegis Capital. "Now the environment is right. We've seen these good ideas that just won't die; they were just waiting for the right time...." read more: Silicon Valley VC investments, startups resemble dot-com boom - San Jose Mercury News

Game on--so get your dot COM domain name, get your VC funding--you're on your way!

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