Established on ICANN’s proposal, theUDRP (Uniform Domain-Name Dispute Resolution Policy) extra-judicial procedure allows to sanction obvious and indisputable infringements of a trademark right resulting from the registration of identical or similar domain names by third parties, a practice commonly referred as “cybersquatting “.
UDRP applies not only to generic extensions (gTLDs) in .aero, .biz, .com, .coop, .info, .jobs, .mobi, .museum, .name, .net, .org, .pro, .travel and new extensions (new gTLDs), but also to country code extensions (ccTLDs) of which the registry has accepted the UDRP principles.
Initially scheduled to take place in Cancun, Mexico, like ICANN67 , the recent summit on Internet governance was once again held entirely by videoconference due to the global health situation. The PDPs, the Policy Development Processes, were the main thread of this summit.
ICANN70 was the fourth summit held remotedely
The PDP, Policy Development Process, is the central community mechanism used by the Generic Names Supporting Organization (Gnso), the body responsible for policy developments on generic domain names, to propose new requirements and revise existing rules to update them. Each PDP results in a series of reports that are ultimately forwarded to the ICANN Board of Directors, which decides on the fate of the recommendations they contain.
News on the PDP of the new generic extensions
It is with this mechanism that ICANN launched a program of new generic extensions that led to 1930 applications in Spring 2012 and 1233 delegated extensions by the end of 2020. The opportunity to consider a new round of applications was materialized by a PDP initiated by Gnso in late 2015. Five years later, this process to review and improve the Gnso recommendations for the 2012 cycle has entered its final stretch. It is now up to the ICANN Board to decide on the recommendations of the working groups that worked on this PDP. The Board of Directors should launch a last phase of consultations of the community before pronouncing on the continuation of their works. The community was expecting an announcement at this summit or perhaps even a timetable to mark out the next steps until the next round of applications, but we have to admit that hopes have been dashed. Indeed, no announcements were made, even though we know that the prospect of a future round of applications is now approaching fast. Regarding the content of the recommendations this time, the elements discussed mainly during ICANN70 were about a pre-evaluation of the future registries, the improvement of the predictability to evaluate the future applications and the ways to improve the applicants’ support.
The PDP: A solution to the impasse over malicious use of the DNS?
Another topic, related to the implementation of the PDP mentioned above, is the malicious uses of the DNS, a topic commonly referred to as DNS abuse.
ICANN’s monitoring of malicious practices in generic names covers some 205 million domain names, of which barely 11% are from the cycle of extensions created since 2012. The observation made through their analyses shows that around one million domains concentrate these infringements, that is to say 0.5% of them. Another notable fact is that the new generic extensions are more used for malicious practices than the historical generic extensions like .COM, .NET, .ORG, .BIZ and .INFO. In fact, ICANN indicated that in February 2021, 35% of security breaches came from names created in the new generic extensions against 65% in the historical extensions, a ratio that even rose to 40% in November 2020. ICANN also said that 90% of malicious practices in the new extensions were concentrated in 23 extensions. As for the most common types of attacks, spamming is involved at 85%, phishing at 8.4%, botnets (malicious programs that operate remotely) at 3.9% and malware at 2.7%. The new generic extensions concentrate more spamming and phishing practices. Although DNS abuse has been a central topic of discussion between the bodies representing the stakeholders of the Internet community for five summits now, positions still diverge on the measures to be taken to curb these harmful practices. Here again, the expectations of the community at this summit were high.
The GAC, the body that represents governments, has already supported the idea of a dedicated PDP on this topic. It advocates for a holistic approach that addresses all extensions, existing and future. GAC highlighted the work of the SSAC, the Security and Stability Advisory Committee, which advises the community and the ICANN Board on issues related to the security and integrity of the Internet’s naming and addressing systems. Indeed, it published an advisory prior to ICANN70 urging the Board before launching the next round of new gTLDs to commission a study of the causes, responses and best practices for mitigating domain name abuse proliferating in the new gTLDs in the 2012 round. To their credit, they also made a series of recommendations to the ICANN Board, ranging from the systematic presence of security experts in all future contract negotiations to an ePDP (expeditive Policy Development Process). As for Gnso, it is continuing consultations for the moment without ruling out the use of a PDP.
And the ePDP phase 1 and 2 on access to registration data
Another topic, another PDP process, the ePDP in connection with the GDPR for access to domain name registration data. Initiated in 2018, it was intended to replace a Temporary Specification that involved redacting personal data from freely available registration data of generic names. Phase 1 of the ePDP, not finalized at this time, is intended to replace the Temporary Specification with a future-proof provision. Phase 2 aims to create a standardized data access system for legitimate applications commonly referred to as SSAD. This phase has now reached the end of the roadmap, as it is now in the hands of the ICANN Board of Directors after the Gnso has approved all the provisions formulated by the working groups that have worked on this subject, even those that did not reach consensus. The Gnso assumed this position under the pretext that it was necessary to take its responsibilities and that the recommendations were a whole, a breach of the process of creating new policies that normally wants to be consensual and that led the ALAC (At-Large Advisory Committee) that represents the end users to express concerns, the IPC (Intellectual Property Constituency) that represents the interests of the intellectual property community even going so far as to ask not to continue with the review of the recommendations. The ICANN Board has simply launched an Operational Design Phase to consider the operability of the future system and intends to take a position on the recommendations at a later stage.
A new PDP on domain name transfer policies
Another PDP process was officially launched at ICANN70 to revise the rules for domain name transfers: transfers between registrars and transfers between two registrants. The latter aims to simplify, secure and make name transfers more efficient. A vast project that could extend over several years…
Concerns about the concentration of the sector
Indicative of the concerns of the Internet community, the public forum this year was marked by many questions around the concentration that is accelerating among the players of domain names. The latest is Ethos Capital, a private equity firm founded in 2019, which after buying the operator of .ORG, PIR, has just taken over Donuts, which manages no less than 242 new generic extensions and had recently acquired Afilias, which is among other things manager of the extension .INFO. The community has expressed concerns about these new players whose expectations are not necessarily in line with one of ICANN’s totems, which is to defend competition, trust and consumer choice. ICANN, for its part, does not see a problem in this phenomenon, which has become a trend, because these mergers trigger very closely supervised procedures for analyzing and approving the changes that are brought about.
ICANN70 has highlighted the fact that ICANN is looking at a number of potentially high-impact topics in domain name management, most of which are about to be materialized into new policies that Nameshield will implement for its customers. Beyond this framework, Nameshield, an independent French player, has already implemented solutions that provide answers to the problems that some of these policies must address. Do not hesitate to reach your consultant with your needs so that we can study together the solutions that we can already bring.
The digital world is in perpetual evolution and every days, new domain names are registered around the world.
Among these new registrations, some can potentially affect your notoriety, your activity, and your results. Fraudsters, through these abusive domain names registrations, seek to benefit from your notoriety as quickly as possible.
Find in this “5 minutes to understand” document, available for download on the Nameshield’s website, the different practices of abusive domain names registrations that can affect your brand and the actions to take depending on the infringement caused to the brand.
Names’ holders must protect their brands and domain names against fraud and abuse just as they would protect any other valuable asset. The infringement of your domain name weakens the strength of your brand.
If, despite defensive registrations, which are a first line of defense, you find out that a third party has registered a disputed domain name, procedures exist to stop the infringement of your trademark and stop the damage.
Find in this “5 minutes to understand” document, available for download on the Nameshield’s website, these different dispute resolution procedures related to domain names.
Launched by the Donuts registry, this .CONTACT extension is interesting, particularly for the contact pages of your websites.
This extension is also part of the TrueName program created by the Donuts registry: when registering a domain name in .CONTACT, Donuts will also protect the typographical alternatives of your brand by blocking them, thus preventing some phishing attempts through the registration by a third party of a typographically similar name (ex.: loulou.contact vs l0ulou.contact).
Reminder of the launch schedule
Sunrise [period reserved for trademark holders]: September 29, 2020 – November 28, 2020
Early Access Phase [open to all, prices are decreasing day by day]:
You are not, strictly speaking, the owner of a domain name, you simply have a right to use it, which translates into an annual fee that can be renewed indefinitely or terminated in case of infringement. As soon as you no longer pay the annual fee required to maintain it, and therefore its renewal, the domain name will expire and fall back into the public domain.
However, this deletion is not automatic, because the day after its expiry period, the domain name will go through 3 successive phases before falling back into the public domain.
Find in this “5 minutes to understand” document, available for download on the Nameshield’s website, the different phases in the life of a domain name.
Last January, we indicated that we would keep you informed of the expected updates from Eurid regarding the conditions of registration of the .EU for UK citizens following the Brexit.
Eurid has indeed announced that from January 1st, 2021, it will NO LONGER allow the registration of any new domain name by UK holders.
The registry will also refuse the update of a domain name to a UK registrant.
Registrants who do not comply with these rules will be notified as of 21/12/2020.
The new eligibility conditions for a .EU domain name will be as follows:
TO BE:
a citizen of the European Union, independently of their place of residence; or
a physical person who is not a citizen of the European Union and who is a resident of a Member State; or
a company established in the European Union; or
an organization established in the European Union, without prejudice to the application of national law.
So be vigilant with your currently registered .EU in order to comply with these new rules that will come into force, as a reminder, in January 2021.
PLEASE NOTE:
Union citizens who are residing in the United Kingdom will remain eligible to hold a .EU domain name after the end of the transition period. They will have to update their registration data and prove their Union citizenship.
UK citizens residing in a Union Member State will remain eligible to hold a .EU domain name after the end of the transition period. UK citizens residing outside of the Union Member States, on the other hand, will no longer be eligible to hold a .EU domain name after the end of the transition period.
Domain name is the first link between the web user and your website. It is thanks to the domain name that you are found on the Internet, that you are visible, that your identity is displayed and that you develop your business on the net. It is a digital asset of your business.
The management and configuration of these domain names usually requires access to a management interface. The absence of a security policy can be dramatic.
Find in this “5 minutes to understand” document, available for download on the Nameshield’s website, practical solutions to secure your access.
In our article of January 24, 2020, we announced the launch of the .GAY by the TOP LEVEL DESIGN registry. This extension is intended for individuals, organizations, businesses supporting the LGBTQ community. It will increase their visibility and create a safe online space.
Originally scheduled for May 20, the date of general availability has been postponed to September 16, 2020.
Currently in Sunrise II Phase, here are the new launching dates:
Second Sunrise phase (period opened to any trademark holder, Sunrise I was restricted to holders of trademarks registered with the TMCH): until 04/09/2020
EAP (Early Access Period): from 08/09/2020 to 15/09/2020
General availability: from 16/09/2020
Find more information about this new extension .GAY in our previous article of January 24.
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