Category: Domain Name Law

Accepting Crypto Tax and KYC Implications

As cryptocurrency continues to mature from a fringe financial experiment into a mainstream payment mechanism, domain investors and brokers are increasingly accepting digital assets such as Bitcoin (BTC), Ethereum (ETH), and stablecoins like USDC for domain name transactions. While crypto payments offer speed, global accessibility, and in some cases pseudonymity, they also introduce a complex…

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MFA Clauses in Registrar Terms Negotiating Leverage

In the digital infrastructure of domain name ownership, security is paramount. As high-value domains become targets for hijacking, phishing schemes, and credential compromise, registrars have turned to multi-factor authentication (MFA) as a critical line of defense. MFA clauses—contractual requirements embedded in registrar terms of service—compel users to enable one or more secondary authentication methods in…

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Data Retention Rules for Domain Marketplace Operators

In the rapidly expanding digital economy, domain marketplace operators play a crucial role in facilitating the purchase, sale, and leasing of internet domain names. These platforms act as intermediaries, connecting buyers and sellers, managing escrow, and in many cases storing sensitive data that includes personally identifiable information (PII), financial details, communication logs, and transaction histories.…

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CCPA and State-Level Privacy Laws Impacting Investor Data

The landscape of data privacy regulation in the United States is undergoing a seismic transformation, driven largely by state-level initiatives in the absence of a comprehensive federal privacy law. For domain investors—individuals or entities who acquire, hold, and monetize domain names—the implications of these laws are increasingly material. In particular, the California Consumer Privacy Act…

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Secondary Liability for Counterfeit Goods via Sub-Domains

In the complex and evolving realm of online intellectual property enforcement, the question of secondary liability for counterfeit goods sold or advertised through sub-domains has emerged as a focal point of legal tension. While direct liability is relatively straightforward—whoever knowingly sells counterfeit goods online is in clear violation of trademark laws such as the Lanham…

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Handling Subpoenas for Domain Ownership Records

The increasing prevalence of litigation involving online activity has led to a corresponding rise in subpoenas targeting domain name registrars, hosting companies, and marketplace platforms for domain ownership records. These subpoenas are typically issued in the context of intellectual property disputes, defamation claims, fraud investigations, or commercial litigation, where the identity of the domain owner…

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Class-Action Exposure from Bulk Drop-Catching Operations

As domain name monetization matures and the secondary domain market becomes more competitive, the practice of bulk drop-catching—automatically registering expiring domain names the moment they become available—has grown into a lucrative but legally precarious enterprise. Although drop-catching is not inherently unlawful, the scale and automation involved in large-scale operations have drawn increasing scrutiny from both…

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Blockchain Naming vs ICANN DNS Current Legal Status

The emergence of blockchain-based domain name systems has introduced a disruptive paradigm to the traditional internet architecture governed by the Internet Corporation for Assigned Names and Numbers (ICANN). While ICANN’s Domain Name System (DNS) has long served as the global authority for resolving domain names across the internet, blockchain naming systems—such as those offered by…

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AI-Generated Domain Valuations Liability for Errors

The increasing use of artificial intelligence in the domain name industry has brought about significant advancements in automation, efficiency, and decision-making, particularly in the realm of domain valuation. AI-powered tools now assess domain name values based on a complex set of variables, including historical sales data, keyword trends, search engine optimization metrics, linguistic features, and…

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DNS over HTTPS DoH Regulatory Reception Globally

DNS over HTTPS, or DoH, is a protocol that encrypts domain name system queries using HTTPS, thereby masking DNS traffic from intermediaries such as internet service providers (ISPs), network administrators, and national surveillance systems. By routing DNS queries through secure, encrypted HTTPS connections, DoH prevents third parties from observing which websites users are attempting to…

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