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In a recent decision, a World Intellectual Property Organization (WIPO) domain name arbitration panel dismissed a complaint filed by the Mexican Tourist Board (MTB) against Latin America Telecom (LAT) concerning the domain name "mexico.com." The panel went so far as to find that the complaint was brought in "bad faith" and made a finding of attempted "Reverse Domain Name Hijacking" against the MTB. ...In its complaint, the MTB argued that LAT had registered the domain name in "bad faith" in order to sell it for a profit at a later date. more
Imagine a California non-profit corporation providing material assistance to a criminal wanting to do you physical and financial harm. Then, imagine that corporation is ICANN. Imagine no longer, because that is precisely what the ICANN Compliance department managed to pull off this week, in an all-too-common demonstration of the havoc they can cause by sheer ineptitude, without apology or concern. This is the situation which crossed my desk this week. more
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
This is the second part of a 2-part series article arguing that the decentralization of the Internet will allow the DNS to recede to its earlier, uncontroversial role, before all the lawsuits and screaming matches at ICANN board meetings. To read the first part click here.
Another source of pressure on the DNS was the system's shifting role from one that was primarily mnemonic to one that was meaningful as well. The difference is subtle, but important. Consider the phrase "Every good boy deserves fudge", which music students sometimes learn to help them memorize what notes correspond to the lines of the treble clef. The phrase is helpful, but its content -- boys deserving fudge -- has nothing to do with music. It's mnemonic, but not meaningful. more
Complainant sells RV parts and accessories in the eastern part of Tennessee. Respondent, no stranger to UDRP proceedings, registers domain names and sets up pages with pay-per-click ads related to the subject of the words in the domain name. Though Complainant had been operating on the web since mid-2004, which is the same year it incorporated, it claimed that its predecessor in interest had been using the ADVENTURERV trademark since 1989. more
If you've been following the new Top-Level Domain (TLD) process within ICANN over the last year or so you will have probably been aware of how slow and tortuous development has been. To recap, ICANN, which oversees domain names globally, announced that it was "opening up" the internet so that "anyone" could get the domain extension they wanted. Of course it's not really "everyone" and the process to date has been far from smooth. more
Well, I have remained silent on this issue for now -- mainly because of conflicts. I was one of a few members of the technical advisory group asked by VeriSign to look at Site Finder and ask the questions -- what does it add, what does it break, and how can we fix anything it breaks? The scope of the group was unlimited by any VeriSign edict and the members were of impeccable individual credentials. This group has now completed its work so I feel able to comment. more
Responding to the .xxx intervention by the US Commerce Department, the Internet Governance Project has produced a "STATEMENT OPPOSING POLITICAL INTERVENTION IN THE INTERNET'S CORE TECHNICAL ADMINISTRATIVE FUNCTIONS." You can view the statement here and add your name as a signatory at the bottom. Over 60 people have endorsed it. The Statement claims that "The NTIA's recent intervention in the .xxx proceeding undermines assurances" that the U.S. government's special unilateral authority over ICANN "would never be used to shape policy but was only a means of protecting the stability of the organization and its processes." The NTIA's open acknowledgment of the influence of religious groups made the intervention particularly dangerous. more
In Ripley Scott's classic 1982 science fiction film Blade Runner, replicant Roy Batty (portrayed by Rutger Hauer) delivers this soliloquy... "I've...seen things you people wouldn't believe... Attack ships on fire off the shoulder of Orion. I watched C-beams glitter in the dark near the Tannhäuser Gate. All those... moments... will be lost in time, like (cough) tears... in... rain. Time... to die." more
January 2014. The first registry contracts have been signed. The first Sunrise priority registration periods have been opened. The new gTLD program is well on the way. So maybe now, at last, we can start to find out the real costs of opening up the Internet root? And how much revenue doing so has brought ICANN! Short answer: ICANN has taken in USD 344.958 million from the first round of new gTLD applications. The figure comes from the first of ICANN's quarterly financial statements, covering the three months up until September 30th. more
In most industries, businesses that blatantly act against the interests of their customers to favor their own internal profit centers would either not be allowed or else subject to controls and oversight by the government. It is universally regarded as an unfair and deceptive business practice. In the domain name registrar business, however, the normal practices of legitimate business dealings and customer protection seem woefully wanting. Kelly's Case described here illustrates the point... more
The recent ICANN meeting in Vancouver touched upon many issues important to ordinary Internet users: privacy in domain name registration; the cost and terms of .com domain names; internationalized domains; introduction of new domain suffixes. But there were few "ordinary Internet users" at the meeting. Few people can roam the globe to keep up with ICANN's travels, and not many more participate in online forums. more
Because domain names represent the online identity of individuals, businesses and other organizations, companies and organizations large and small have expressed increasing concern over reports of "domain name hijacking," in which perpetrators fraudulently transfer domain names by password theft or social engineering. The impact of these attacks can be significant, as hijackers are typically able to gain complete control of a victim's domain name - often for a significant period of time. more
As we draw closer to the first new gTLD registry launch, many companies are beginning the arduous task of developing their new gTLD registration and blocking strategies. And after speaking with dozens of clients, I can tell you that the planned approaches are ranging from very minimal registration and blocking strategies for one or two core brands, all the way through to registrations of multiple brands in every single new gTLD registry. more
Some Top-Level Domain (TLD) applicants have been saying that they're "community" applications, which means that would avoid an auction and prevail over even deep-pocketed competitors. But according to ICANN's Applicant Guidebook, very few if any applications will qualify as a community. If you're an applicant who's been telling your supporters or investors that you're going to win because you're a community, you might want to take a step back. more
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