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For those who are Star Wars fans, the following scene from the prequel, Attack of the Clones, will be easy to recall: a young and misinformed Jedi, known as Obi-waan Kenobi, opines about how an army of clones had been able to snatch a victory from imminent defeat. Yoda, a Jedi Master and virtual fountain of wisdom, immediately gushes forth an important correction: "Victory? Victory you say? Master Obi-waan, not victory." Yoda explains that winning a battle is not a victory, if the win merely signals that the war has just begun. Yoda's apparent perception seems particularly apt for the precedent setting federal court opinion involving the sex.com domain name. Notwithstanding that individual domain name registrants may seek comfort in the victory obtained from the Ninth Circuit's opinion in Kremen v. Cohen, that decision merely signals a beginning -- not an end -- to the controversy over the proper legal framework for resolving domain name theft.
A recent ICANNfocus article discussed the magnitude of ICANN's legal fees. Specifically, ICANNfocus questioned whether the extent of ICANN's legal fees, about 20% of their total revenues, was related to the organization functioning as a regulator instead of simply as a technical manager of the internet.
There are now several different courts of appeals that have upheld the right of individuals to post a non-commercial website using the domain name www.company.com, and there are as yet NO appellate decisions that forbid such websites outside the context of the serial cybersquatter who tries to erect a so-called gripe site as a CYA measure after being sued. In fact, it seems to me that we are getting close to the point where companies that sue over such websites have to consider seriously the possibility that they will not only lose the suit, but face a malicious prosecution action...
Developments in modern international relations have shown that traditional diplomacy is not capable of sufficiently addressing complex new issues, for example, the environment, health protection, and trade. Governance of the Information Society and the Internet is probably one of the most complex international issues facing diplomacy today. Issues surrounding the Information Society require a multi-disciplinary approach (the various concerns include technology, economy, impact on society, regulatory and legal issues, governance and more); a multi-stakeholder approach (various actors are involved, including states, international organizations, civil society, private sector, and others) and a multi-level approach (decision-making must take place on different levels: local, national, regional and global). Diplo has developed a research methodology which takes all of these approaches into account. Post includes illustration from Diplo Calendar 2004.
Sex.com announced today a final settlement with VeriSign (formerly Network Solutions, Inc.), concluding a six-year legal fight that set several important precedents for the future of the Internet. After the Ninth Circuit Court of Appeals granted Sex.Com a sweeping victory that held VeriSign/Network Solutions, Inc. (collectively "VeriSign") strictly responsible for mishandling the famous domain name, Sex.Com and VeriSign have settled Sex.Com's lawsuit against VeriSign.
Unlike ICANN, the National Telecommunications and Information Administration (NTIA) responded graciously, promptly and substantively to inquiries from the Center for Regulatory Effectiveness (CRE) regarding governance of the internet. CRE sent a letter to NTIA in mid-March asking about public access to documents prepared by ICANN under Memorandum of Understanding (MOU) with NTIA. NTIA provided a quick and clear response to CRE's questions. NTIA also reiterated its commitment to achieving transparency and accountability in ICANN's processes. NTIA's response to CRE, although clear and comprehensive, raised a number of important questions about ICANN and their governance of the internet.
The Irish domain registry (IEDR) is to come under the control of the Commission for Communications Regulation ComReg. At present the registry is managed by a "not-for-profit" company, however it has come under increasing criticism with regard to both its management and policies. Although there are approximately 40,000 IE domains currently registered, it is still one of the strictest and most expensive ccTLDs in the world.
From 5 April to 14 May 2004 trade mark owners can apply in the .pro domain for defensive registrations corresponding to their marks. The .pro domain is only available to doctors, lawyers and CPAs during this period, known as a "sunrise period". ...During the period when the creation of ten new generic domains is being discussed, it seems timely to wonder whether the multiplicity of generic extensions is not killing the specificity inherent of each of them. In addition, having a "sunrise period" for this new domain might be perceived by trade mark owners as an invitation to spend money rather than as a measure aimed at protecting their intellectual property rights.
Having been involved in the whole TLD issue since its inception, back in the ancient history of the mid-1990's, one would think that nothing would surprise me anymore. As it turns out, however, watching the comments on ICANN's public comment list with respect to the new sTLD proposals, I find that I'm taken-back by some of the kinds of comments I'm seeing.
ICANN has made great strides in implementing steps to improve the organization's transparency, accountability, openness - according to their most recent Status Report [PDF]. The report describes the requirements of their MOU with the Department of Commerce and what the organization has done to toward achieving these goals. However, even though the Report makes it sound as if ICANN is on the right track, some troubling issues lay underneath the surface of the Report.
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