"Regulated non-use of domain names" [2019] ELECD 583; in Mahler, Tobias (ed), "Generic Top-Level Domains" (Edward Elgar Publishing, 2019) 232

Book Title: Generic Top-Level Domains

Editor(s): Mahler, Tobias

Publisher: Edward Elgar Publishing

Section: Chapter 12

Section Title: Regulated non-use of domain names

Number of pages: 26

Abstract/Description:

Chapter 12 addresses ICANN’s regulatory response to the demand for blocking, suspension, takedown, and other ‘non-use’ of domain names. Although ICANN’s key concern is ensuring the function and use of the DNS, it has created a considerable number of rules that are more closely related to an interest in non-use of domain names in new gTLDs. The underlying justifications for the rules are diverse, but they arguably expand the purview of ICANN’s regulation. They go beyond the traditional focus on trademark holders by including states and territories, governmental functions, intergovernmental organizations (IGOs) and nongovernmental organizations. Some address ‘abuse’, which is widely defined and can include infringements of intellectual property on websites using new gTLDs. This development potentially risks extending ICANN’s purview to that of a future Internet content regulator.