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Innovation in DNS Business

One thing that amazed me about the ICANN community is the creativeness in finding new business models. I am not even talking about new technology like Internationalized Domain Names (IDN), the number of business models created from the vanilla DNS (actually just .com) are just mind boggling. ICANN was formed in 1999 and introduced the concept of registries and registrars model to the DNS business. With that, we witness the rise of register.com, an IPO darling in the dotcom days, in the early 2000s and subsequently overtaken by the ultra-cheap high-volume reseller model of GoDaddy. We also see new registries like .info and .biz and several others that didn't do so well. There are also after-market (aka ebay) for domain names like afternic and registry outsourcing, DNS hosting, Dynamic DNS etc. That's about what most outsiders know of DNS business models, mostly revolved around the registry-registrar-reseller model. But there are really more and I shall discuss two not-so-well-known but interesting models below. more

When the Defendant is a Domain Name: The Power of In Rem Proceedings Under the ACPA

A recent decision by a federal court in Virginia illustrates some interesting legal issues that arise from the global nature of the domain name system. It also highlights a powerful mechanism under the Anticybersquatting Consumer Protection Act ("ACPA") by which a plaintiff can proceed with a legal action to recover a domain name without regard to the court's personal jurisdiction over the registrant.  more

A Balkanized Internet Future?

Joi Ito has an important post [also featured on CircleID] on how the internet is in danger of becoming balkanized into separate "internets". He's not the only person who's concerned. Greg Walton worries about Regime Change on the Internet. My friend Tim Wu, a law professor specializing in international trade and intellectual property, has written an article for Slate: The Filtered Future: China's bid to divide the Internet... more

The Internets

I don't know how much deep thought was involved when George Bush called the Internet "the internets" but this reflects a real risk that we face today. If you look at the traffic of many large countries with non-English languages, you will find that the overwhelming majority of the traffic stays inside the country. In countries like China and Japan where there is sufficient content in the local language and most people can't or don't like to read English this is even more so. I would say that the average individual probably doesn't really notice the Internet outside of their country or really care about content not in their native language. more

Working Group on Internet Governance Releases Report

The Working Group of Internet Governance has released its final report [PDF]. As I wrote this week in my Law Bytes column, the report comes on the heels of the U.S. statement that it has no intention of surrendering control of root zone file. The WGIG report developed a working definition of Internet governance that states: "Internet governance is the development and application by Governments, the private sector and civil society, in their respective roles, of shared principles, norms, rules, decision-making procedures, and programmes that shape the evolution and use of the Internet."... more

ICANN Meetings in Luxembourg

The ICANN Meetings are in full flow here in sunny Luxembourg. The venue is immense and located a cab, bus, or shuttle ride from the various hotels. So far, the big topics are the .Net finalization (focusing on the readjustment of the pricing verbiage), the USDOC root announcement, the shell registrar accreditations used in the batch pool for the purposes of getting dropped names, and the practice of registrars exploiting the 5 day add grace period to register in excess of 50000 names to watch how much web traffic they have, and returning the ones that do not at no cost... more

The Philosophical Case for Expanding the Domain Name Space

At the December 2004 ICANN meeting in Cape Town, Vint Cerf said this to the Public Forum: "I want to go on record as saying... that I am no longer sure that I have a strong understanding of why I would be motivated to create a new TLD..." Dr. Cerf posed a question that has yet to be answered or even discussed by the DNS stakeholder community. While the technical and business cases for the introduction of new TLDs have been successfully made, what is the philosophical case for adding new TLDs? What semantics are encoded in TLDs, and how could those semantics be expanded in a consistent way? more

U.S. Government to Retain Oversight of the Internet’s Root Servers

The U.S. government has announced today that it will indefinitely retain oversight of the Internet's root servers, ignoring pervious calls by some countries to turn the function over to an international body. more

An Infrastructure TLD: Avoiding the Side Effects of Today’s .Net

I've mentioned before that there is something special about the .net top level domain - in particular .net is the place where the legacy root DNS servers and most of the TLD servers are to be found. Thus, if .net were to wobble there is more than a strong chance that the DNS root and other TLDs would also begin to wobble. This kind of cross-dependency is something that A) is a risk to overall internet stability and B) is something that ICANN seems utterly unable to perceive. more

Live Nude Domain Names

ICANN announced recently that it has begun negotiations with an applicant for another 'sponsored' (non-open) top level domain, .XXX. There has been a fair amount of coverage, for and against. My initial reaction is (with the proviso that the public information to assess these things is always insufficient): .XXX seems plausible for what it is but it isn't what many probably think it is. ...that's the key to understanding this. This TLD is intended to be a trade association and is not a form of regulation. more

Do Not Enter - It’s XXX

There soon will be a central place for Web surfers to dwell in a forbidden cyber land of adult fantasies, sex, dark rituals and total taboos. Finally, ICANN has given in to the pressure and has tossed a big rock across the turbulent e-commerce ocean. It has approved a new suffix, .xxx, for adult-only porn sites, creating ripples and debates in ever so confusing global cyber branding times when cyber global domain name challenges are being fought in the complex earthly trademark realities. Three things are bound to happen... more

Effects of ICANN’s Legal Presence in the US, Under California Legislation

Excerpts from the recent address of the President and CEO of ICANN to the Working Group for Internet Governance (WGIG). "ICANN's establishment in California is a consequence of history. Jon Postel, the long standing coordinator of the IANA functions was based at the University of Southern California. Jon was designated ICANN's first Chief Technology Officer but was preempted from taking the position due to his untimely death. The legal instrument available in California to establish such a public benefit function, including its multi-stakeholder expression, is a not-for-profit, public benefit corporation..." more

Domain Name Dispute Puts Dot-Ca in the Spotlight

My weekly Law Bytes column (freely available hyperlinked version, Toronto Star version) focuses on the recent Canadian parliamentary discussion on domain name disputes. As discussed about ten days ago, the impetus for governmental interest in domain name disputes and Internet governance is the registration of several domain names bearing the names of sitting Members of Parliament by the Defend Marriage Coalition, an opponent of same-sex marriage legislation. The resulting websites, which include donboudria.ca and davidmcguinty.ca, include MP contact information, photos, and advocacy materials. more

Sitting Around the Domain Table

I went to Domain Roundtable with some reservations. I was excited about meeting other domain portfolio holders, but I wasn't sure what to expect from the ICANN and Verisign people there, the corporate intellectual property people, and the corporate attorneys. I was pleasantly surprised by everyone I met. more

ICANN, WSIS and the Making of a Global Civil Society - Part III

For a book project I decided to extend my interview with Milton Mueller from November 2003 (Part I | Part II). Exclusively for CircleID readers, here's part III that deals with WSIS, WGIG, US-American bias and the Internet Governance Project. "...One good result of the WGIG process is that the involved international community has already moved beyond those cliches. No one is proposing that the UN control the Internet. There is growing consensus that control of the DNS root needs to be internationalized..." more