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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
Despite the stated commitment to meeting their obligations to the government, ICANN's proposed budget may potentially breach the MoU. Specifically, the MoU commits ICANN to "perform as an organization founded on the principles of competition..." However, an alliance of at least 50 Registrars claims that the new Registrar fee structure contained in the proposed budget would significantly harm competition. more
"Competitive Bidding for new gTLDs" is the focus of part three of a three-part series based on a study prepared by Karl M. Manheim, Professor of Law at Loyola Law School and Lawrence B. Solum, Professor of Law at University of San Diego. Special thanks and credit to Hastings Communications and Entertainment Law Journal, Vol. 25, p. 317, 2004. ...When new radio frequencies become available for commercial use, federal law requires that licenses be auctioned off to the highest qualified bidder. The FCC does a reasonably good job in designing and conducting spectrum auctions. They are often familiar in format, not much different than found for consumer goods on eBay. In other cases, such as with "Simultaneous Multiple-Round" or "combinatorial bidding," the auction design is fairly complex. Because of complexity in these cases, the FCC sponsors periodic conferences on auction theory and seminars on auction mechanics for potential bidders. more
Judging from the development of the Internet in the world, the popularity rate of domain names is one of the primary parameters to measure whether the Internet is well developed or not in a country. The popularity rate of domain names is 11 percent in North America and reaches as high as 12.5 percent in Europe, while in China, which has over 20 million enterprises, there are only more than 300,000 domain names under .CN and the total number of domain names is only 1.187 million, including a lot of governmental and individual websites. more
Researchers from Huazhong University of Science and Technology in China have started work on a project based on a distributed information retrieval system that promises to address future search engine scalability issues that are believed to be inevitable as the Internet continues to expand: "With the rapid increase of web pages, the coverage of search engines will become poorer and the update intervals will be much longer. If the current architecture of search engines is still in use, it will be an impossible mission to find the precise and comprehensive information in the future. This problem will be more serious when IPv6 technology is widely implemented in communication networks. The problem of 'Too much information means no information' may become a disaster with information explosion." more
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. more
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. 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
National Telecommunications and Information Administration (NTIA) has made a long term commitment to taking the actions necessary to reform ICANN. Specifically, the Department of Commerce's Strategic Plan for FY 2004-2009 discusses the need for NTIA to take action to reform ICANN. The Strategic Plan details three Strategic Goals for the Department to achieve over the next five years. The second goal is to "Foster science and technological leadership by protecting intellectual property, enhancing technical standards, and advancing measurement science." more
I thought of ICANN yesterday when reading about the devolution of the Iraqi Governing Council, which managed to unite for just a moment to approve a constitution with about the half-life of lutetium. ICANN and the IGC: two institutions put in charge of ill-behaved constituencies and stuck in chronic failure mode. Could anything be learned by examining them at arm's length? Indeed, different as they are, their histories contain several common elements... more
It's easy to dismiss Verisign's antitrust suit as a ploy to push through Sitefinder. But whether one loves Sitefinder or hates Sitefinder, the complaint raises a much more significant issue that won't go away even if ICANN lets Verisign roll out Sitefinder. At the heart of Verisign's complaint is the lack of any definable process for decisionmaking, and its a complaint shared by others. A settlement between Verisign and ICANN that does not create a clear process for decisionmaking at ICANN that includes trustworthy independent review will merely delay the inevitable. Eventually, some other party will become just as frustrated and again challenge ICANN -- either in U.S. court or by enlisting the help of the U.S. Commerce Department, non-U.S. governements, or multinational treaty organizations. ICANN must recognize that the days of ad hoc decision making based on realpolitick must end and give way to stable processes that ICANN staff cannot control. 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
ICANN's announcement of a "Special Meeting of the Board", to be held on February 18, 2004, includes a number of topics in its "Proposed Agenda" including: "WLS Negotiations with VeriSign". In reaction to this particular item related to WLS, Newman & Newman, the law firm representing an ad hoc coalition of ICANN-accredited domain name registrars, has sent a letter to Dr. Paul Twomey, President and CEO of ICANN expressing... more
On February 4, 2004, United States Congress held a hearing on a new proposed bill called the Fraudulent Online Identity Sanctions Act (FOISA). This bill will increase prison sentences by up to seven years in criminal cases if a domain owner provides "material and misleading false contact information to a domain name registrar, domain name registry, or other domain name registration authority." What follows is a collection of commentaries made in response to this proposed bill. more
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