UDRP Does Not Apply To Bad Faith Domain Name Renewals: Part I

The purpose of the Uniform Dispute Resolution Policy, known as the UDRP (hereafter the "Policy"), is to determine disputes relating to the registration or acquisition of domain names in bad faith. To succeed in a UDRP action (i.e. to obtain cancellation or transfer of the disputed domain name) it is necessary for the party bringing the complaint (the complainant) to show that (i) the disputed domain name is identical with or confusingly similar to a trademark or service mark in which the complainant has rights; (ii) the domain name holder (known as the respondent) has no right or legitimate interest in respect of the domain name; and (iii) the domain name was registered and is being used in bad faith. Each of the aforesaid three elements must be proved by the complainant to warrant relief.

98% Of Internet’s Main Root Server Queries Are Unnecccary: Should You Be Concerned?

A recent study by researchers at the Cooperative Association for Internet Data Analysis (CAIDA) at the San Diego Super Computer Center (SDSC) revealed that a staggering 98% of the global Internet queries to one of the main root servers, at the heart of the Internet, were unnecessary. This analysis was conducted on data collected October 4, 2002 from the 'F' root server located in Palo Alto, California.

The findings of the study were originally presented to the North American Network Operators' Group (NANOG) on October 2002 and later discussed with Richard A. Clarke, chairman of the President's Critical Infrastructure Protection Board and Special Advisor to the U.S. President for Cyber Space Security.

Domain Name Typosquatter Still Generating Millions

Ever visit cartoonneetwork.com? Adaptac.com? Check the URLs carefully, for these aren't the "real" sites operated by the Cartoon Network cable channel or by Adaptec, manufacturer of PC storage devices. Instead, these domains -- and some 5,000+ others -- were registered by a Mr. John Zuccarini. Read on to learn what he is up to and how he has gotten away with it.

A Sustainable Framework For The Deployment Of New gTLDs

At the Fourth Annual Meeting of the ICANN Board in Amsterdam, the ICANN Board asked the DNSO Names Council (who have since become "the GNSO Council") to provide the Board with advice and input on the issues that surround the creation of new generic top-level domain names. Based on the Council's publicly documented conversations thus far, it is becoming clear that Council is moving in directions that do not seem to be consistent with the continued health of the namespace or development of a competitive market for registration and DNS services.

Internet Users: Is It Time For A Declaration Of Independence?

Although, undoubtedly, it is disappointing, it is not surprising that after four years of experimenting with Internet governance, the first corporate entity to take on the ambitious task -- the Internet Corporation for Assigned Names and Numbers (ICANN) -- has not achieved the legitimacy of a global consensus-based manager of the Internet's domain name system. Simson Garfinkel explains, in his insightful piece in the March 2003 issue of Technology Review, that it has become conventional wisdom that "ICANN serves as a model for systematically shutting the public out" of its policy making activities. It should go without further explanation that the ICANN model is a particularly bad governance model, if consensus-building is supposed to be the corporation's linchpin of legitimacy. Among a few other concerns, ICANN, unmistakably, suffers from power-sharing phobia.

Thinking Outside The ICANN Box: Creating A Prototype Based On Internet Experience - Part I

In research, one of the important steps is to identify the problem that needs exploration. Another step is to identify how to find a solution. Once it is possible to agree on the nature of the problem, then it begins to be a matter of how to approach the problem.

Interview With Michael Froomkin: Watching ICANN Through IETF ? Part II

In the first part of our interview with Michael Froomkin, a Professor of Law at the University of Miami School of Law and one of the founding members of ICANNWatch, several issues were discussed regarding his recent article in the Harvard Law Review called, "Habermas@discourse.net: Toward a Critical Theory of Cyberspace".

Michael Froomkin, who has underlined several striking lessons to be learned from IETF/ICANN contrast, continues with us in the second part of this interview, addressing even deeper matters such as ICANN's institutional design.

The Internet And Open Architecture: Determining How To Replace ICANN

"Forms grow out of principles and operate to continue the principles they grow from."
—Thomas Paine, "The Rights of Man"

The debate over what management structure is needed to transform ICANN has moved from "Foreign Affairs" and some online discussions to the halls of Oxford University. Last week there was a one day event at Oxford on how to transform ICANN. There was also a meeting in Berlin on these issues. The coverage of these is limited to the few online publications that can afford to send reporters.

The Business Of Domains: Shifting The Paradigm

For a business that started with few competitors and unlimited markets, the domain name registration trade has certainly become quite difficult and price sensitive. As the owner or manager of your firm, you have a basic choice to make: You can pull back and ride out this difficult period, or you can use this disruption to your advantage. Can a savvy owner or manager bring profitable growth to his or her company? One positive answer may not be in familiar spaces, but in new markets.

An Outlook On The Domain Name Secondary Market

The secondary domain market has gone from one extreme to another. First, huge sums were paid for some domains, raising the expectations of domain sellers. Now, however, in many cases the corporate sector expects to pick up a domain for next to nothing in comparison with the domain's immediate sales and long-term investment potential. In my opinion, both situations are unrealistic.