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Earlier in the Registerfly controversy, ICANN Vice President Paul Levins posted to the ICANN Blog: "ICANN is not a regulator. We rely mainly on contract law. We do not condone in any way whatsoever RegisterFly's business practice and behaviour." This is disingenuous. ICANN is the central link in a web of contracts that regulate the business of domain name allocation. ICANN has committed, as a public benefit corporation, to enforcing those contracts in the public interest. Domain name registrants, among others, rely on those contracts to establish a secure, stable environment for domain name registration and through that for online content location. more
Shakespeare has Marcellus say in Act 1 of Hamlet, "Something's rotten in the state of Denmark." ...Milton Mueller, in his recent post to this site, would have us believe that since ICANN's Board long ago agreed that ICM's application for dot-xxx registry satisfied its own criteria for a sponsored TLD, then the only explanation for all the delay is, "I'm beginning to think that ICANN's approach to TLD approval was cooked up by a demented sergeant from Abu Ghraib." Milton goes on to assert that ICM's claim on dot-xxx is protected by the 1st Amendment. If this is so, then why after more than six years of discussion, is dot-xxx still raising such a fuss? more
Just when you thought the .xxx affair couldn't get any worse, it does. I'm beginning to think that ICANN's approach to TLD approval was cooked up by a demented sergeant from Abu Ghraib... Now, after the triple x people negotiated with ICANN's staff a contract that met all prior objections, and heads into what should be its final approval, word is that a few ICANN Board members are leaning in a negative direction. What is the reason? A group of pornographers has organized a campaign against .xxx, flooding ICANN's comment box with overwhelmingly negative remarks. more
You'd be surprised how many people are asking that question at the moment, but you won't be surprised to know that the only thing they agree on is that they either don't know, or that they disagree with the people that believe they do. I am not going to attempt to provide my own answer, but I will point to a paper just released by the Parliamentary Office of Science and Technology (POST). POST, among other things, produces regular, concise briefings for the UK Parliament on whatever are the important topics of the time. And they have now done one on Internet Governance. more
A revolution is taking place on the Internet, with new sites redefining how we interact online. The next-generation Internet is emerging in collaborative and interactive applications and sites with rich, varied media (images, video, music). As with many revolutions, this one is driven by the younger generation, which is adopting social networking sites like MySpace and video sharing sites like Google's YouTube. But the general shift is not restricted to the young, as more mature consumers and businesses alike are exploring the possibilities of collaborative, media-rich applications. This major shift in Internet applications has its unintended victims. One of them turns out to be the Domain Name System (DNS). more
For about the last two years, I was a member of ICANN's At Large Advisory Commitee (ALAC), the group charged with representing the interests of ordinary Internet users within ICANN. In case anyone is wondering, here's why I'm not on the ALAC any more. ICANN has a very narrow mission. They maintain the root zone, the list of top-level domain names in the Internet's domain name system. They coordinate numeric IP addresses, with the real work delegated to five Regional Internet Registries. And they keep track of some simple and uncontroversial technical parameters for Internet routing applications... more
For the last couple years the domain aftermarket has been hot again, we're seeing valuations not seen since bubble1.0, which saw valuations like 7 million dollars for business.com and 4 million for drugs.com. The TechWreck was induced by the NASDAQ crash of 2000 and the fun was over for awhile. What differentiates this bubble in the domain aftermarket from Bubble 1.0 is domain parking and monetization... The interesting thing is since then, the multiples on domain names have outstripped the multiples on developed websites. To me, this is the equivalent of the "inverted yield curve" that portends economic recessions. more
Cybersquatting is so 2000, or so we thought. The Uniform Dispute Resolution Policy (UDRP) at WIPO has been chugging along for several years now, methodically determining if complainants IP rights have been violated and reassigning "ownership" of domain names. Typically, the cases are fairly boring. But some recent developments in the world of 800 lb search gorillas, Google and Baidu, suggests that the regime could be faced with substantial pressure in the near future. more
ICANN sent a 10-page letter to RegisterFly on February 21st threatening to terminate its accreditation. The letter is available here. ICANN's not exactly advertising this -- no conspicuous notice appears on its home page and, more curiously, no update has been posted by the Ombudsman despite two prior postings about RegisterFly in the past week. A member of the general public would be hard pressed to find out that any action has been threatened. more
I was reading about the Nieman Marcus lawsuit and on a phone call related to the "Working Group on Mechanisms to Protect Rights of Others", when suddenly it occurred to me that this whole rush to rid the world of typos could eventually head in a messy direction... How far can this go? Let me take you back to that phone call I was on where representatives of Yahoo indicated they would try to secure Flicker.XXX as a TYPO of Flickr.com (their made up brand name) during a potential new TLD sunrise period. How backward is that? A Typo that became a brand, trying to call the generic name a variant of their trademark! more
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