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Today on Dave Farber's IP list, someone revived the ancient argument that ICANN imposes limits on the number of top level domains (TLDs) because to have more than a few will cause DNS to wobble and cause the internet to collapse. Although long discredited, that argument hangs around like a zombie. ICANN has never been able to adduce a shred of proof that there is anything to support that assertion... more
The number of applications this year for the seven positions within ICANN has been so low that the NomCom has gone to the trouble of printing up pamphlets, holding a public meeting at Marrakech and extending the deadline by a fortnight. At the two public Board sessions in Marrakech the grand hall that was provided was virtually empty, sparking some debate as to why. Susan Crawford ventured that it was because ICANN was failing to connect with people; Vint Cerf suggested that ICANN was so successful at doing its job that people didn't feel the need to attend. Mouhamet Diop pointed out that we were in a French-speaking Arabic country and no one was going to sit through four hours of discussion if they didn't understand a word of it... more
In the late summer of 2006, the ICANN Nominating Committee will convene to select three members to the ICANN Board of Directors, and four members to various councils. Depending on the global visibility of the nominees, and the current political and technical currents pulling at the Internet community, these nominations will be both pilloried and lauded in different circles. This process of selecting a good ICANN board member is astonishingly complex; I should know, having served on the founding NomCom in 2003, and the succeeding NomComs in 2004 and 2005. By far the biggest challenge is finding good candidates... more
"GOD, at least in the West, is often represented as a man with a flowing beard and sandals. Users of the Internet might be forgiven for feeling that nature is imitating art — for if the Net does have a god he is probably Jon Postel" (The Economist, Feb. 1997) David W. Maher, Senior Vice President, Law and Policy of Public Interest Registry (PIR) offers his reminiscence of the early days of the Internet and attempts made to restructure the Domain Name System — an article he has entitled 'Reporting to God'. more
In September 2005 ICANN approved the first top–level Internet domain to be dedicated to a particular human language and culture: '.cat'. A related paper was recently published in First Monday by Peter Gerrand, titled "The Catalan campaign to win the new .cat top level domain". As explained in its abstract, the paper explains: "While '.cat' creates a precedent for greater use on the Internet of 'minority languages', there are significant hurdles for other candidates for language–based top–level domains. The paper discusses the concomitant factors needed to support the greater use of any minority language on the Internet." more
This document is intended to be a starting point for a discussion on upcoming city Top-Level Domain Names (city TLDs) such as .berlin, .nyc, or .london. It reflects considerations about the impact of city TLDs on the city society, the individuals in the city, the regional and global environment, and the Internet at large. more
Unfortunately I cannot be in Vancouver for the conference. I write this from Cape Town, venue of last years fall ICANN. I want to disclose a couple of things upfront. Those who know me will know I am nothing if not strongly independent in my views. However disclosure helps those of a more suspicious mind know my associations and if they choose to, take them into account in interpreting my opinions. ...I am somewhat disappointed by the reaction to the proposed settlement. I feel that most of the discussion fails to take into account the actual conditions under which the settlement has been negotiated. more
The basic problem posed by WSIS was the role of national governments and national sovereignty in global Internet governance. That conflict remains completely unresolved by the WSIS document. The document's thinking is still based on the fiction that there is a clear divide between "public policy" and the "day to day operation" of the Internet, and assumes that governments should be fully in control of the policy-setting function. Moreover, new organizational arrangements are being put into place which will carry on that debate for another 5 years, at least. The new Internet Governance Forum is a real victory for the civil society actors, but also fails to resolve the basic issue regarding the role of governments and sovereignty. Although called for and virtually created by civil society actors, the language authorizing its creation asks to involve all stakeholders "in their respective roles." In other words, we still don't know whether this Forum will be based on true peer-peer based interactions among governments, business and civil society, or whether it will reserve special policy making functions to governments. more
BioCryst Pharmaceuticals, Inc., of Birmingham, Alabama, challenged registration of domain name www.biocrystpharmaceuticals.com. Respondent used domain name to criticize the Complainant's business (BioCryst Pharmaceuticals, Inc. v. Kumar Patel, Case No. D2005-0674). Panelist Daniel Gervais denied relief, stating... more
On June 30, 2005, the United States Department of Commerce National Telecommunications and Information Administrtation (NTIA) released the "US Statement of Principles on the Internet's Domain Name and Addressing System." The Internet Governance Project (IGP) has issued 7 points in response to the "Statement of Principles" showing the direction believed to be in the interests of the United States and the world. more
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
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
A recent decision by the Ninth Circuit confirms that "commercial use" by the defendant is required for a Lanham Act trademark or dilution claim, but is not required in a cybersquatting claim under the Anticybersquatting Consumer Protection Act (ACPA). Michael Kremer, a dissatisfied hair transplant patient, used the domain name www.BosleyMedical.com as a site critical to the Bosley Medical Institute, a hair transplant clinic. Bosley sued. The district court entered summary judgment for Kremer on the grounds that his conduct was not commercial... more
Controversies over ICANN led to the creation of the Working Group on Internet Governance, but so far there have been few specific proposals for change. The Internet Governance Project has entered that breach with a new policy paper: "What to Do About ICANN: A Proposal for Structural Reform." The proposal, by Hans Klein and myself, proposes three clean, clear but probably controversial solutions to the criticisms that have been made of ICANN. more
The Internet is often a lawless place. Everyone knows that there are many tricks and traps lurking on the Internet, just waiting to prey on unsuspecting and innocent users. Some of these traps will trash your computer while others will turn your PC into a zombie that will broadcast messages at the virus writer's command. ...The list of annoyances and downright criminal activities seem endless. ...To make the Internet a safer place both legislators and law enforcement are now focusing on the Internet. In the crossfire that's taking place there are many ideas that are being offered up. Some of them are good and some are not. One bad decision that was recently forced upon the Internet community (without hearings -- more on this later) was to eliminate private domain name registrations for .US domain names. ...It's important to understand the difference between privacy and anonymity. more
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