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Publications
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06.15.2021ICANN, or ICAN'T or IWON'T?ArticlesWe're halfway into ICANN71, and early interactions are posing questions about ICANN Org's capability to carry out its mission to maintain an orderly domain name system (DNS).
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01.14.2021More Warning Shots for ICANN, or the End of the Road?ArticlesLast fall, I wrote about ICANN's failed effort to achieve its goal of preserving the Whois domain name registration directory to the fullest extent possible. I predicted that if the policy effort failed, governments would take up the legislative pen in order to fulfill the long-ignored needs of those combating domain name system harms.
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09.25.2019The End of the Road: ICANN, WHOIS, and RegulationArticlesThere's a well-documented crisis facing the domain name system: very few who rely on domain name registration data from the Whois database to perform vital functions can do so any longer, which is escalating consumer harm and abuse on the internet worldwide. And the problems, thanks to ICANN's overly restrictive policy post-GDPR and a failing policy process, are piling up.
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06.24.2019It's About WHOIS Display and AccessArticlesThe need for an access model for non-public Whois data has been apparent since GDPR became a major issue before the community well over a year ago. Now is the time to address it seriously, and not with half measures. We urgently need a temporary model for access to non-public Whois data for legitimate uses, while the community undertakes longer-term policy development efforts.
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02.23.2018GDPR and What Comes Next: The Parade of HorriblesArticlesThe compliance deadline for the European Union's General Data Protection Regulation (GDPR) is nearly upon us, the unveiling of a proposed model to bring WHOIS into compliance is said to come from ICANN next week, and everyone is scrambling to understand all that's involved.
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02.15.2018WHOIS Inaccuracy Could Mean Noncompliance with GDPRArticlesThe European Commission recently released technical input on ICANN's proposed GDPR-compliant WHOIS models that underscores the GDPR's "Accuracy" principle — making clear that reasonable steps should be taken to ensure the accuracy of any personal data obtained for WHOIS databases and that ICANN should be sure to incorporate this requirement in whatever model it adopts. Contracted parties concerned with GDPR compliance should take note.
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12.06.2017Eliminating Access to WHOIS - Bad for All StakeholdersArticlesSteeped deep in discussions around the European Union's General Data Protection Regulation (GDPR) for the past several months, it has occurred to me that I've been answering the same question for over a decade: "What happens if WHOIS data is not accessible?" One of the answers has been and remains the same: People will likely sue and serve a lot of subpoenas. This may seem extreme, and some will write this off as mere hyperbole, but the truth is that the need for WHOIS data to address domain name matters will not disappear.
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05.20.2016New Online Opportunities for .store and .stream Domain NamesUpdates
Several new unrestricted generic Top Level Domains (gTLDs), such as .store and .stream, are now available, with several others set to launch soon.
Presentations
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09.29.2023IP-Con 2023: The Coming VortexSpeaking EngagementsMcCarthy Institute / Redwood Shores, CAPerkins Coie sponsored the annual McCarthy Institute IPCon.
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05.03.2022Complementary Rights, Regulatory Issues, and Brand RestrictionsSpeaking EngagementsICANN Update / VirtualFab will moderate a virtual panel of ICANN veterans as they discuss key updates, including complementary rights, regulatory issues, and brand restrictions.
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04.30.2022 - 05.04.20222022 INTA Annual MeetingSpeaking EngagementsINTA’s annual meeting brought together the most influential brand professionals from across the globe and across industries at the largest gathering of its kind.
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09.22.2020Trends in Mobile App Infringement and Enforcement Measures to TakeSpeaking EngagementsAppDetex/Law.com / Webinar
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07.14.2020
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05.06.2020
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03.04.2020Domain Name Management and Working Within the Rules of Data PrivacySponsorships
Speaking Engagements
WTR Brand Protection Online / Chicago, IL -
06.05.2018Enforcing Your Agency’s TrademarksSpeaking EngagementsTrademark Basics for U.S. Government Agencies, United States Patent and Trademark Office
Global Intellectual Property Academy / Alexandria, VA -
09.26.2015Trademarks and the New gTLDs: An International Policy PerspectiveSpeaking Engagements
Panelist
McCarthy Symposium: Trademark Law and Its Challenges 2015 / San Francisco, CA
