Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: November 22, 2017
The Firm
201-896-4100 info@sh-law.comBusinesses that were hoping to capitalize on the emoji craze by incorporating them into their domain names will have to go back to the drawing board. The Internet Corporation for Assigned Names and Numbers’ (ICANN) Security and Stability Advisory Committee (SSAC) recently published an advisory strongly opposing the use of an emoji.
Emojis are increasingly used to augment or replace text in everything from text messages to social media posts. Apple’s latest phone includes face scanners that can create a 3D emoji based on your expressions.
Not surprisingly, entities have sought to include emojis in their domain names. In May, the SSAC weighed in and recommended against the registration of any domain name that includes emoji. It concluded that such domains “may not function consistently or may not be universally accessible as expected.”
As explained in the ICANN advisory, the standard for Internationalized Domain Names in Applications (IDNA) expressly excludes emoji from the characters accepted for use in domain names. Accordingly, the practical implication is that domain names with emoji would not be accepted or processed consistently by applications. “From an architectural perspective, if IDNs are to continue to be used as stable and secure identifiers, adherence to the original design goals of IDNA is needed,” the SSAC report concluded.
The SSAC advisory also noted that many emoji are visually similar and can be difficult to distinguish, especially when displayed in small fonts or by different applications. For instance, there are more than 20 emoji with different code points that can be used to convey a “happy face.”
While recipients of a text message can understand what the sender is intending to convey, when emoji are used in domain names, such ambiguities increase the risk of user confusion. “As a result, the user is less likely to reach the intended resource and may instead be tricked by a phishing site or other intentional misrepresentation,” the SSAC states. “It is likely to be even harder for the user to remember and type the exact emoji (or emoji sequence) that the registrant intended.”
The SSAC also raises concerns about the ability to use code to “glue” emoji together to create new ones. It highlights that a single unmodified emoji might look exactly the same as its “glued together” counterpart to some users. Moreover, systems that do not support emoji composition will display the individual components of a “glued together” emoji as a sequence of separate emoji, with results that may visually be very different from what was intended.
Along the same lines, the advisory cites the confusion that could be created by the ability to apply different skin tones to emoji. “This presents an obvious confusability challenge to users who may find it difficult to detect these color differences, either because they do not perceive them (e.g., they are color-blind) or because the emoji are displayed in a way that makes them indistinguishable,” the report states.
Lastly, the SSAC emphasized the importance of universal acceptance, specifically the importance of applications and systems accepting, validating, storing, processing, and displaying of all domain names unambiguously. “Currently, it is already difficult to get people to accept the new labels that have appeared with IDNs and the new generic TLD (gTLD) program,” the advisory states. “Adding emoji to domain name labels will only make this problem worse.”
As highlighted above, navigating the registration of domain names can be both technically and legally complex. Businesses should work with an attorney experienced in the domain name field to develop comprehensive domain name strategies that are tailored to their individual needs.
Do you have any questions? Would you like to discuss the matter further? If so, please contact me, David Einhorn, at 201-806-3364.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Your home is likely your greatest asset, which is why it is so important to adequately protect it. Homeowners insurance protects you from the financial costs of unforeseen losses, such as theft, fire, and natural disasters, by helping you rebuild and replace possessions that were lost While the definition of “adequate” coverage depends upon a […]
Author: Jesse M. Dimitro
Making a non-contingent offer can dramatically increase your chances of securing a real estate transaction, particularly in competitive markets like New York City. However, buyers should understand that waiving contingencies, including those related to financing, or appraisals, also comes with significant risks. Determining your best strategy requires careful analysis of the property, the market, and […]
Author: Jesse M. Dimitro
Business Transactional Attorney Zemel to Spearhead Strategic Initiatives for Continued Growth and Innovation Little Falls, NJ – February 21, 2025 – Scarinci & Hollenbeck, LLC is pleased to announce that Partner Fred D. Zemel has been named Chair of the firm’s Strategic Planning Committee. In this role, Mr. Zemel will lead the committee in identifying, […]
Author: Scarinci Hollenbeck, LLC
Big changes sometimes occur during the life cycle of a contract. Cancelling a contract outright can be bad for your reputation and your bottom line. Businesses need to know how to best address a change in circumstances, while also protecting their legal rights. One option is to transfer the “benefits and the burdens” of a […]
Author: Dan Brecher
What is a trade secret and why you you protect them? Technology has made trade secret theft even easier and more prevalent. In fact, businesses lose billions of dollars every year due to trade secret theft committed by employees, competitors, and even foreign governments. But what is a trade secret? And how do you protect […]
Author: Ronald S. Bienstock
If you are considering the purchase of a property, you may wonder — what is title insurance, do I need it, and why do I need it? Even seasoned property owners may question if the added expense and extra paperwork is really necessary, especially considering that people and entities insured by title insurance make fewer […]
Author: Patrick T. Conlon
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Businesses that were hoping to capitalize on the emoji craze by incorporating them into their domain names will have to go back to the drawing board. The Internet Corporation for Assigned Names and Numbers’ (ICANN) Security and Stability Advisory Committee (SSAC) recently published an advisory strongly opposing the use of an emoji.
Emojis are increasingly used to augment or replace text in everything from text messages to social media posts. Apple’s latest phone includes face scanners that can create a 3D emoji based on your expressions.
Not surprisingly, entities have sought to include emojis in their domain names. In May, the SSAC weighed in and recommended against the registration of any domain name that includes emoji. It concluded that such domains “may not function consistently or may not be universally accessible as expected.”
As explained in the ICANN advisory, the standard for Internationalized Domain Names in Applications (IDNA) expressly excludes emoji from the characters accepted for use in domain names. Accordingly, the practical implication is that domain names with emoji would not be accepted or processed consistently by applications. “From an architectural perspective, if IDNs are to continue to be used as stable and secure identifiers, adherence to the original design goals of IDNA is needed,” the SSAC report concluded.
The SSAC advisory also noted that many emoji are visually similar and can be difficult to distinguish, especially when displayed in small fonts or by different applications. For instance, there are more than 20 emoji with different code points that can be used to convey a “happy face.”
While recipients of a text message can understand what the sender is intending to convey, when emoji are used in domain names, such ambiguities increase the risk of user confusion. “As a result, the user is less likely to reach the intended resource and may instead be tricked by a phishing site or other intentional misrepresentation,” the SSAC states. “It is likely to be even harder for the user to remember and type the exact emoji (or emoji sequence) that the registrant intended.”
The SSAC also raises concerns about the ability to use code to “glue” emoji together to create new ones. It highlights that a single unmodified emoji might look exactly the same as its “glued together” counterpart to some users. Moreover, systems that do not support emoji composition will display the individual components of a “glued together” emoji as a sequence of separate emoji, with results that may visually be very different from what was intended.
Along the same lines, the advisory cites the confusion that could be created by the ability to apply different skin tones to emoji. “This presents an obvious confusability challenge to users who may find it difficult to detect these color differences, either because they do not perceive them (e.g., they are color-blind) or because the emoji are displayed in a way that makes them indistinguishable,” the report states.
Lastly, the SSAC emphasized the importance of universal acceptance, specifically the importance of applications and systems accepting, validating, storing, processing, and displaying of all domain names unambiguously. “Currently, it is already difficult to get people to accept the new labels that have appeared with IDNs and the new generic TLD (gTLD) program,” the advisory states. “Adding emoji to domain name labels will only make this problem worse.”
As highlighted above, navigating the registration of domain names can be both technically and legally complex. Businesses should work with an attorney experienced in the domain name field to develop comprehensive domain name strategies that are tailored to their individual needs.
Do you have any questions? Would you like to discuss the matter further? If so, please contact me, David Einhorn, at 201-806-3364.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!