Latest news of the domain name industry

Recent Posts

FDA to get domain name takedown role?

Kevin Murphy, October 4, 2010, Domain Policy

The US Food and Drug Administration may in future take a stronger role in having domain names associated with rogue internet pharmacies shut down.

Following the meeting between domain name registrars and registries and the Obama administration at the White House last week, I reached out to a few attendees to find out what was discussed.

I didn’t have much luck, to be honest. Some said the meeting was quite dull. But Christine Jones, Go Daddy’s general counsel, was good enough to answer a few questions via email.

The meeting was scheduled to discuss voluntary measures domain firms can take to shut down web sites selling counterfeit pharmaceuticals. I asked whether any specific solutions were discussed.

Jones replied: “Not specifically. There could be an FDA-led solution at some point, which Go Daddy supports.”

The FDA has taken action against illegal online pharmacies in the past, but it does not currently appear to do so on a day-to-day basis.

In November 2009, the agency sent warning letters to the operators of 136 web sites that appeared to be selling medicines illegally. The letters were also sent to the registrars of record for the sites’ domains, most of which were taken down.

The FDA said at the time that the intention was to alert the registrars that the registrants in question may have been in violation of their terms of service and eligible for termination.

In general, the FDA says that overseas pharmacies selling prescription drugs into the US, whether counterfeit or not, is illegal. What this would mean for any “FDA-led solution” is a matter for speculation.

It’s well-known that sick people in the US tend to pay more for their prescription drugs than in other nations, due in part to years of protectionist policies designed to keep the pharma business healthy.

While there are plenty of crooks selling potentially dangerous bogus pills online, some say there are also many legitimate Canadian pharmacies online that supply authentic products more cheaply to US-based prescription holders.

Currently, many US registrars use services such as LegitScript to identify potentially infringing sites. Demand Media’s registrar, eNom, is the most recent convert.

LegitScript, which also only approves US pharmacies, is subject to a certain degree of controversy.

Last week it threatened to sue a web site that made a number of allegations about its financing and the motivations of founder John Horton.

Horton founded LegitScript in 2007, shortly after leaving his Bush administration role as associate deputy director of the Office of National Drug Control Policy.

LegitScript’s main competitor, PharmacyChecker.com, recently asked the US Congress to investigate Horton for alleged ethics violations, claiming he set up LegitScript while still in government.

In April 2007, the ONDCP issued a report which harshly criticized PharmacyChecker for approving Canadian pharmacies that sell drugs to US citizens over the internet, which it said was illegal.

The domain name legitscript.com was initially registered on March 20, 2007. The earliest Whois record I can find, from July that year, shows Horton was the registrant.

Horton’s LinkedIn profile says he left the administration in May 2007.

It seems likely that even if LegitScript did not exist until Horton was out of government, he was preparing its foundations months earlier, at the same time as his office was trashing his future competitor.

Finally, to return to last week’s White House meeting, I asked Go Daddy’s Jones whether the focus was on healthcare or IP protection, and she had this to say:

The focus of this particular meeting was definitely not IP protection. Although IPEC [Intellectual Property Enforcement Coordinator] organized the meeting, there were administration officials and law enforcement attending from many areas of the government. The focus was on finding ways to deal with the rogue pharmacy issue, to get non-compliant registrars to join the fight, and to beef up AUPs to cover registrars in these cases.

She also said that the topic of COICA, the Combating Online Infringement and Counterfeits Act, was not raised.

As I’ve previously reported, ICANN did not attend the White House meeting.

Arab League asks ICANN for recognition

Kevin Murphy, October 1, 2010, Domain Policy

The League of Arab States has called on ICANN to formally recognize the Arab region.

UPDATED: Read this correction.

Delhi Commonwealth Games wins UDRP

Kevin Murphy, September 28, 2010, Domain Policy

With five days to go before the Commonwealth Games kicks off in Delhi, the organizers may be under fire for expecting athletes to live like squatters, but they have managed to beat off one cybersquatter.

(Do you see what I did there?)

The Organising Committee of the games has been handed delhi-commonwealth-games.com in a UDRP proceeding against an anonymous registrant handled by WIPO

It looks like a fairly straightforward case. The web site, which has content, appears on the first page of Google for [delhi commonwealth games]. The WIPO panelist said its use of commercial links showed bad faith.

The official domain of the games is the rather less SEO-friendly cwgdelhi2010.org.

Interestingly, the Committee became aware of the domain in April 2009 and its first move was to ask the registrar, Directi, to block it, which it refused. It was well over a year later when the UDRP claim was filed.

Delhi was awarded the Commonwealth Games in 2003. The domain was registered in 2006.

The city has recently come under fire for its apparent lack of preparation, offering arriving athletes accommodation well below par from a health and safety perspective.

ICANN will not attend White House drugs meeting

Kevin Murphy, September 28, 2010, Domain Policy

ICANN has declined an invitation from the Obama administration to attend a meeting tomorrow to discuss ways to crack down on counterfeit drugs web sites.

The meeting, first reported by Brian Krebs, was called with an August 13 invitation to “registries, registrars and ICANN” to meet at the White House to talk about “voluntary protocols to address the illegal sale of counterfeit non-controlled prescription medications on-line.”

The meeting is reportedly part of the administration’s Joint Strategic Plan to Combat Intellectual Property Theft, which was announced in June.

It also follows a series of reports from security firms that called into question domain name registrars’ willingness to block domains that are used to sell fake pharma.

ICANN tells me that, following talks with White House Intellectual Property Enforcement Coordinator Victoria Espinel, it was agreed that it would “not be appropriate” for ICANN to attend.

The decision was based on the fact that ICANN’s job is to make policy covering internet names and addresses, and not to regulate the content of web sites.

ICANN’s vice president of government affairs for the Americas, Jamie Hedlund, said the meeting was “outside the scope of our role as the technical coordinator of the Internet’s unique identifiers.”

I suspect it also would not have looked great on the global stage if ICANN appeared to be taking its policy cues directly from the US government rather than through its Governmental Advisory Committee.

Demand Media-owned registrar eNom, which has took the brunt of the recent criticism of registrars, recently signed up to a service that will help it more easily identify and terminate domains used to sell counterfeit medicines.

New TLD guidebook could be finalized in Cartagena

Kevin Murphy, September 27, 2010, Domain Policy

I’ve got the official line from ICANN — it’s possible that the final Applicant Guidebook for new top-level domain applications could be approved as early as December.

I reported late last night that, following its weekend board retreat, the final version of ICANN’s new TLD rulebook would be published before its public meeting in Cartagena, Colombia.

This morning, based on some reader comments and a closer reading of the board’s latest resolutions, I concluded that there was a pretty good chance I was wrong, so I asked ICANN for clarification.

I essentially asked whether we were looking at another six months of pondering Draft Applicant Guidebook version 5, or whether the next iteration would be the final one.

This is the official ICANN spokesperson line:

The next guidebook to be posted for public comment will be called the “next version” of the applicant guidebook – depending on public comment, the Board will decide whether to approve it as final (with changes) or request another iteration.

As stated above, the Board could consider approving the next version of the Guidebook as early as the Cartagena meeting or set a timeline for approval sometime thereafter.

So, there’s the answer: it depends.

Frankly, given the number and gravity of the unresolved issues on the table, I think Cartagena may be optimistic. But it’s not impossible.

(Cheers to @mneylon and @dot_scot for the constructive criticism.)