Featured Blogs

WIPO Panel Splits on Descriptiveness of bocaresorts.com

An arbitration panel of the World Intellectual Property Organization has decided 2-1 in favor of Complainant Boca Raton Resort & Club in an action under the Uniform Domain Name Dispute Resolution Policy over the domain name bocaresorts.com. ...The Presiding Panelist, Dennis Foster, disagreed with the majority's conclusion, and issued a dissent that addressed the issue of bad faith. Foster asserted that the Respondent was "entitled to believe that the phrase 'Boca Resorts' is geographically descriptive and means resorts in the city of Boca Raton, Florida... more

The Non-Parity of the UDRP

The UDRP is obviously not working. Two websites, fundamentally the same (criticism at trademark.tld), two opposite decisions, both within weeks of each other! A Complainant (Biocryst Pharmaceuticals Inc) initiated a complaint to WIPO about one of my criticism websites (biocrystpharmaceuticals.com). The Panel found in my favour. Another Complainant (Eastman Chemical Inc) meanwhile made a complaint to NAF regarding another of my criticism websites (eastman-chemical.com). The Panel found against me. The two websites are fundamentally the same, both websites in criticism of the practices of the individual companies concerned... more

Public Policy Questions for Internet

There is little doubt that the Internet has formed part of the impetus for a revolutionary change in the nature of the global communications industry. "Revolutionary" in the sense that the past decade has seen fundamental and highly disruptive changes in the nature of the underlying technologies used by the industry, changes in the composition, ownership and role of industry players, changes in the nature of services offered to the end consumer, changes in the associated financial models used by the industry, and changes in the regulatory environments in which this industry operates. Considering that this industry was, in the latter half of the twentieth century, one of the largest and most influential industry sectors on a global basis, these revolutionary changes will doubtless have consequences that will echo onward for some time yet. more

To Meow or not to Meow: .CAT TLD approved by ICANN

The Sponsored TLD .CAT got the green light to move ahead from ICANN this week, another of the sTLD proposals in the second round of submissions to gain momentum toward being added to the root. When I shared the news today with folks, the most common response was a tongue in cheek response, 'Where is .DOG?'. ...Still, comedy aside, this is not a TLD for animal species, but rather for a language. more

Sitefinder Writ Small

You all remember Sitefinder don't you? According to The Register, CentralNic , owner of a number of popular domains including uk.com and us.com, has added wildcard A records to .uk.com. Cue the usual round of sniping about Internet stability (with which, as you will see, I agree). The question is, given the difference in scale (.com and .net are huge; .uk.com is quite small) will anyone notice? And does it matter? Certainly CentralNic seems to think the small scale of their domains excuses or at least mitigates the Internet stability side effects of their ploy. more

Whither DNS?

The Domain Name System is often though of as an integral part of the Internet. Without it, how can you ever locate anything? Well, quite easily, thank you very much. DNS is used implicitly for many services, such as web browsing. It also includes explicit extensions for a few applications such as e-mail. (I'm talking here about DNS the system, not DNS the technology that can be re-purposed to things like ENUM.) But the most notable thing about DNS is its receding importance... more

Ending Cyber-Hubris

Hurricane Katrina will lead the endless finger pointing about what should have been done to strengthen the levees before the storm. However, as a former senior FEMA official under the Clinton Administration explained, "There's only two kinds of levees. Ones that have failed and those that will fail." The same is true for cyber-levees.  more

A Global Dialogue around WSIS Prepcom 3

As a contribution to the United Nations World Summit on the Information Society (WSIS), the Internet Governance Project, led by Professor Derrick L. Cogburn, is supporting a web-based Global Deliberative Dialogue on Internet Governance, from 19-30 September 2005. The purpose of this Global Dialogue is to raise awareness of Internet Governance, to broaden participation in the policy debate, and to provide concrete input into the final deliberations during the Third Preparatory Meeting for the WSIS, taking place concurrently with the Global Dialogue in Geneva. more

.XXX as Proposed is Wrong for Families & Kids

On August 23rd, the Internet Governance Project posted a letter Opposing Political Intervention in the Internet's Core Technical Administrative Functions. I disagree. ICANN and Governments should get involved when it comes to protecting children online. Every effort should be made to make it SIMPLE for average parents to let their children run free online without the risk of running across pornography and adult material while doing so. Why continue to let pornographers run free and unchecked on the most exciting tool created in the history of mankind just because they got there first? more

Redux: European Parliament Proposes .kid Internet Domain

I ran into a Reuters headline today, which illustrated to me the pace at which some legislative bodies operate. Yes, this .kids idea is timely. It is an idea so good, that I remember multiple different bidders proposing it in the initial wave of new TLDs laid in front of ICANN back in 2000. The contenders all had fantastic presentations and capabilities, which I heard voiced in the Marina Del Rey ICANN meetings as the 44 initial proposals were culled into seventeen, and then into the seven... more

Respondent’s Long Use of JACUZZI in Australia Prevails in Domain Name Dispute

Jacuzzi, Inc., owner of rights in the mark JACUZZI, challenged the domain name jacuzzi.net.au in this first WIPO decision involving the .au domain. The Australian respondent had used the JACUZZI name for nearly 15 years. more

Time to Play Offense

The United States is under cyber-attack. An article in Time magazine titled "The Invasion of the Chinese Cyberspies" discusses a computer-network security official for Sandia National Laboratories who had been "tirelessly pursuing a group of suspected Chinese cyberspies all over the world." The article notes that the cyberespionage ring, known to US investigators as Titan Rain, has been "penetrating secure computer networks at the country's most sensitive military bases, defense contractors and aerospace companies." more

IGP Asks You to Weigh in on the USG’s .xxx Intervention

Responding to the .xxx intervention by the US Commerce Department, the Internet Governance Project has produced a "STATEMENT OPPOSING POLITICAL INTERVENTION IN THE INTERNET'S CORE TECHNICAL ADMINISTRATIVE FUNCTIONS." You can view the statement here and add your name as a signatory at the bottom. Over 60 people have endorsed it. The Statement claims that "The NTIA's recent intervention in the .xxx proceeding undermines assurances" that the U.S. government's special unilateral authority over ICANN "would never be used to shape policy but was only a means of protecting the stability of the organization and its processes." The NTIA's open acknowledgment of the influence of religious groups made the intervention particularly dangerous. more

Maybe the IETF Won’t Publish SPF and Sender-ID as Experimental RFCs After All

Yesterday, the IESG, the group that approves RFCs for publication received an appeal from Julian Mehnle to not to publish the Sender-ID spec as an experimental RFC due to technical defects. IESG members' responses were sympathetic to his concerns, so I'd say that a Sender-ID RFC has hit a roadblock. The problem is simple: Although Sender-ID defines a new record type, called SPF 2.0, it also says that in the absence of a 2.0 record, it uses the older SPF1 record. Since SPF and Sender-ID can use the same records, if you publish an SPF record, you can't tell whether people are using it for SPF or Sender-ID. Ned Freed commented... more

Jerry Falwell Critic Can Keep Domain Name, Appeals Court Says

I want to call your attention to a very important Internet free speech decision, perhaps the most significant of our domain name cases from the past several years. In Lamparello v. Falwell, the United States Court of Appeals for the Fourth Circuit held today that the use of the domain name www.fallwell.com for a web site devoted to denouncing the views of Rev. Jerry Falwell about homosexuality neither infringes Falwell's trademark in his name nor constitutes "cybersquatting." more