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The ICANN bylaws require a periodic review of ICANN structures and operations; the first of such reviews, that of the Generic Names Supporting Organization Council, is scheduled to be finalized in the next few weeks prior to the start of ICANN's annual meeting. To begin discussion on this topic, I draw your attention to a very thoughtful question posed by Joe Sims during the prior ICANN reform process... 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
According to an article in the October 15, 2004 INTA Bulletin, several new "Policies Applicable to ICANN-Accredited Registrars" will be implemented by the end of 2004. The new Restored Names Accuracy Policy tales effect November 12 and requires that a domain name that was deleted due to the submission of false contact data or lack of response to a registrar's inquiries... more
The Noncommercial Users Constituency (NCUC) is the constituency group representing civil society organizations in the formation of domain name policy. In August 2004 it initiated a process to nominate people to serve on the UN Secretary-General's Working Group on Internet Governance, as representatives of civil society. Our purpose was to assist the Secretary-General to identify qualified and widely-supported individuals capable of serving on the WGIG on behalf of civil society. 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
The widely publicized auction of the domain name KerryEdwards.com ended Saturday night, but the search for a new owner continues. According to Matt Bentley, CEO of Sedo.com, the domain name brokerage managing the sale, a key bidder withdrew at a late stage in the auction, leaving the domain up for grabs among the dozen or so parties who had expressed a serious interest in purchasing the domain. more
Internet Corporation For Assigned Names and Numbers (ICANN) has released the following announcement today for its upcoming meetings in Kuala Lumpur, Malaysia: ICANN, the international organisation responsible for managing and coordinating the Internet's Domain Name System is meeting in Kuala Lumpur 19-24 July, amidst reports that Internet usage in Asia is growing at an increasing pace, and that ICANN's model of public-private partnership is succeeding. 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
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
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