Domain Names

The US Department of Commerce, the DNS Root, and ICANN

The recent announcement in eWeek titled "Feds Won't Let Go of Internet DNS" (slashdotted here) has some major internet policy implications. The short, careful wording appears to be more of a threat to ICANN than a power grab. In short, the US Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) announced that it was not going to stop overseeing ICANN's changes to the DNS root. ...Of course, they have done next to nothing to support DNSSEC or other proposal for securing the DNS, but it sounds reassuring. The last sentence shows that the Bush administration shares the Clinton administration's lack of understanding of how the internet should evolve... 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

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

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

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

Chinese IDN in the News

News.com published a well-research article on the Chinese Domain Names by Winston Chai: "This approach works fine in the English-savvy world. However, for non-English speakers, they could be faced with the unenviable task of rote-learning numerical IP addresses, which is highly improbable, or the English spellings of dozens of Web sites they want to access." Just a few points of interest... more

.eu Domain Name Contract Signed: Registration Could Begin in Six to Nine Months

The long awaited Service Concession Contract to operate the .eu registry was signed yesterday (Oct. 12). Now the European Commission will formally notify ICANN of the selected registry operator allowing official negotiations to commence between EURid and ICANN to have .eu put in the root. According to the press release, registrations could begin in six to nine months... more

Personal Names, Politics and Cybersquatting

Thinking about the www.kerryedwards.com auction reminds one of the uneasy relationship between personal names, politics and cybersquatting. When reporters learned that the domain name was taken by Kerry Edwards, the Indiana bail bondsman, at least some headlines were quick to brand Mr. Edwards' conduct as cybersquatting. The Chicago Sun-Times, for example, ran the headline "Kerry Edwards is the Name, Cybersquatting is the Game." Mr. Edwards, of course, had registered his own name as a domain name long before Kerry picked Edwards as a running mate. more

Non-Commercial Website Domain Names Using Trademarks

There are now several different courts of appeals that have upheld the right of individuals to post a non-commercial website using the domain name www.company.com, and there are as yet NO appellate decisions that forbid such websites outside the context of the serial cybersquatter who tries to erect a so-called gripe site as a CYA measure after being sued. In fact, it seems to me that we are getting close to the point where companies that sue over such websites have to consider seriously the possibility that they will not only lose the suit, but face a malicious prosecution action... more

The Launch of .pro Domain for Professionals

From 5 April to 14 May 2004 trade mark owners can apply in the .pro domain for defensive registrations corresponding to their marks. The .pro domain is only available to doctors, lawyers and CPAs during this period, known as a "sunrise period". ...During the period when the creation of ten new generic domains is being discussed, it seems timely to wonder whether the multiplicity of generic extensions is not killing the specificity inherent of each of them. In addition, having a "sunrise period" for this new domain might be perceived by trade mark owners as an invitation to spend money rather than as a measure aimed at protecting their intellectual property rights. more

Letter from Rome

I am at the ICANN meeting in Rome. The big story here is that ICANN is under attack for not sticking to its narrow mission -- technical coordination of the DNS and IP numbering system. People here are referring obliquely to the VeriSign lawsuit as "recent events" (as in "in light of recent events"). This euphemism reminds me of words used to reference the US Civil War ("the late unpleasantness"). more

Report on TLD Preference by Country

Which domain extensions do people prefer? How do these preferences vary by country? This article reports the results of a poll of domain extension preference by country of residence conducted from May through October, 2003 by Domain Name Journal and the DomainState forum. Approximately 133 people from 34 different countries participated. This poll has limitations that we will discuss, but it does measure the extension preferences of domain registrants and developers in a manner that has not been done elsewhere and it produces some interesting results. more

Privacy Alert: Watch Out For FOISA

This morning, at 10 am in 2141 Rayburn, the Subcommittee on Courts, the Internet, and Intellectual Property is holding a hearing on "Internet Domain Name Fraud -- New Criminal and Civil Enforcement Tools." At that hearing, the Subcommittee will be considering a new Whois bill creating new penalties for people who provide false data when registering a domain name. We need to raise our collective eyebrows at this bill (which was suddenly dropped the evening before this hearing). The title of the bill is the "Fraudulent Online Identity Sanctions Act." (FOISA) more

ICANN and the Virtues of Deliberative Policymaking - Part I

In this two-part series article, Andrew McLaughlin takes a critical look at the recently reported study, Public Participation in ICANN, by John Palfrey, Clifford Chen, Sam Hwang, and Noah Eisenkraft at the Berkman Center for Internet & Society at Harvard Law School..."The study's presentation and analysis of data contain much of interest, and much that could assist ICANN (and other policy-making bodies) in improving its use and management of online public forums. But the study's value is diminished by two rather fundamental shortcomings: (1) its misapprehension of both the theory and the practice of ICANN's policy-development process, and (2) the sizeable gap between the broad scope of the study's conclusions and the very narrow -- indeed, myopic -- focus of the analysis from which they are derived. Simply put, the study scrutinizes a small and misleading corner of ICANN (namely, its online public comment forums) and leaps to a sweeping (and, in my view, unwarranted) conclusion." more

ICANN on Closing Off Port 43

ICANN has launched three task forces on WHOIS restructuring...It sounds innocuous enough -- nobody likes spam -- but the restrictions being discussed reach further than marketers. Pushed by registrars who feel that WHOIS amounts to forced disclosure of their customer lists, the task force is seriously discussing closing off port 43's straightforward access to WHOIS information, replacing it with GIF-based barriers or similar access restrictions. more