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The World Intellectual Property Organization (WIPO) has recommended the introduction of a uniform intellectual property (IP) protection mechanism designed to further curb unauthorized registration of domain names in all new generic Top-Level Domains (gTLDs). The report, "New Generic Top-Level Domains: Intellectual Property Considerations", which is available at WIPO Arbitration and Mediation Center, says that such a preventive mechanism would complement the curative relief provided by the existing Uniform Domain Name Dispute Resolution Policy (UDRP). more
ICANN's Nomination Committee has begun their process to nominate more members to various boards, councils and committees of ICANN. This is the process by which I was elected to the board last year. Contrary to what some people may think, these positions should not be taken to try to gain some privilege or power. These are positions of responsibility and require a lot of work for no tangible return except possibly the opportunity to meet other very interesting people. I think about my role at ICANN like I would think about jury duty. We have all benefited from the proper functioning of the Internet for the last decade. If you've benefited in the past and care about the future of the Internet, it is a great opportunity to give back to the community by applying for one of these positions. more
The outcome of the .Net rebid process will involve the security, stability and diversity of management of the Internet's critical infrastructure. As well, the rebid process introduces competitive forces that will flow through to users in the form of cost savings and improved service levels. DENIC has submitted a bid that is consistent with the goals and interests of the Internet community and is the only proponent that has done so. Let us consider the following factors and assess the alignment of the bids with the goals and interests for the Internet community. more
A few months ago, Ted Hardie (AD of Applications for the IETF) informed the MARID WG in the closure announcement as follows: "Given the importance of the world-wide email and DNS systems, it is critical that IETF-sponsored experimental proposals likely to see broad deployment contain no mechanisms that would have deleterious effects on the overall system. The Area Directors intend, therefore, to request that the experimental proposals be reviewed by a focused technology directorate..." more
We've previously noted here the challenge of dealing with domain name disputes based on personal names, particularly in the political arena. Now that the campaigns are over and all are taking a deep breath, we can reflect back on one of the domain name disputes arising in the political campaign this year for the office of State's Attorney in Will County Illinois. more
Danish businessman Joacim Bruus-Jensen challenged the domain name www.joacimbruus-jensen.com in ICANN UDRP proceeding. He failed to prove enforceable trademark rights in his name and was denied relief in this decision by Panelist Derek Minus. Joacim Bruus-Jensen v. John Adamsen, Case No. D2004-0458 (WIPO Sept.29, 2004). The case should be considered before seeking to use the ICANN UDRP to take action based on the personal name of a business executive. more
This is the final part of a three-part series interview by Geert Lovink with Jeanette Hofmann, policy expert from Germany, where she talks about her experiences as a member of the ICANN's Nominating Committee and her current involvement as a civil society member of the German delegation for the World Summit of the Information Society (WSIS). "You have been visiting WSIS as a member of the German delegation. Could you share some of your personal impressions with us? Did you primarily look at WSIS as an ICT circus for governmental officials and development experts or was there something, no matter how futile, at stake there?..." more
Every time an individual logs on to the Internet a pornographer is able to copy the stream of digital bits created by the computer user's Internet connection. The data bits are used to compile a database of information about Internet user buying habits and sexual tastes. These pornographers use the information secretly collected from logged in computers to alter the category or type of pornographic images uploaded onto various websites. Pornographers, for example, know that as a result the pornography in Cyberspace is of an extremely disturbing sort when compared to porn found in "real-space." Internet users are primarily known fans of sexual images of incest, bestiality, and torture. Cyber porn -- as it is often called -- is bigger, badder, and more extreme. more
This is the first part of a three-part series interview by Geert Lovink with Jeanette Hofmann, policy expert from Germany, where she talks about her experiences as a member of the ICANN's Nominating Committee and her current involvement as a civil society member of the German delegation for the World Summit of the Information Society (WSIS). "You recently published a paper (in German) called 'The Short Dream of Democracy on the Net.' Your conclusion is a rather sombering one. How would you describe the current situation related to ICANN? You state that nothing has been learned from the failed At-Large Membership experiment. Would you even go that far and see a backlash happening right now?..." more
In the recent court decision of CyBerCorp Holding v. Allman case, although the registrant of the domain name 'cybertraderlive.com' did lose the Uniform Domain Name Dispute Resolution Policy (UDRP) case and was found to have acted in bad faith (having been a former customer of complainant), the decision is noteworthy as it finds that registrant's use of proxy service to keep contact information private, in and of itself is not evidence of bad faith... more
The American Bar Association/International Chamber of Commerce (ABA/ICC) recently released a survey on global Internet jurisdiction. The survey, co-chaired by Professor Michael Geist, involved nearly 300 companies in 45 different countries. It found that U.S. companies were far more concerned and pessimistic about Internet jurisdiction risk than European and Asian companies. The study has also found that an "Internet jurisdiction risk toolkit" is emerging where companies target low risk jurisdictions and take steps to avoid doing business in perceived high risk jurisdictions. more
It was pointed out to me the other day that the ICANN/NTIA/Verisign root zone file contains a previously undiscussed top level domain. The contents of this TLD suggest that it was created by Verisign, the company that actually constructs the root zone file used by the dominant set of root servers. (The same zone file is also used by at least one of the competing root systems.) That TLD is .root. It's existence is as real as any other TLD such as .com or .org... more
Newman & Newman, the law firm representing an ad hoc coalition of ICANN-accredited domain name registrars, has filed a lawsuit today against ICANN and VeriSign to Stop 'Anti-Consumer, Anti-Competitive' Wait List Service Implementation. ...The complaint attacks ICANN and VeriSign based on 1) Unfair Trade Practices Act Violations; 2) Violation of California Business & Professions Code; 3) Unlawful Tying Arrangement; 4) Attempted Monopolization; 5) Violation of Racketeer Influenced and Corrupt Organizations Act; 6) Intentional Interference with Prospective Economic Advantage; 7) Breach of Contract; and 8) Declaratory Relief. more
In a Press Release issued yesterday, February 26, 2004, it has been announced that Zuccarini (background here) will receive 30 months in prison for violating the Truth in Domain Names Act. At least two of the domain names mentioned in the press release, DINSEYLAND.COM and BOBTHEBIULDER.COM appear to have been registered by third parties and are pointing to pages of links... more
As a follow up to ICANN's Special Meeting of the Board on February 18, 2004, previously reported here on CircleID, the following resolution was reached on the WLS Negotiations with VeriSign: "During this Board Meeting, the Board authorized the public posting of the 26 January 2004 letter setting forth the results of the negotiations and asked that this matter be placed on the Board's agenda for the publicly-held Board Meeting for 6 March 2004 in Rome, Italy." more