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A recent decision by a federal court in Virginia illustrates some interesting legal issues that arise from the global nature of the domain name system. It also highlights a powerful mechanism under the Anticybersquatting Consumer Protection Act ("ACPA") by which a plaintiff can proceed with a legal action to recover a domain name without regard to the court's personal jurisdiction over the registrant. 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
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
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
I've mentioned before that there is something special about the .net top level domain - in particular .net is the place where the legacy root DNS servers and most of the TLD servers are to be found. Thus, if .net were to wobble there is more than a strong chance that the DNS root and other TLDs would also begin to wobble. This kind of cross-dependency is something that A) is a risk to overall internet stability and B) is something that ICANN seems utterly unable to perceive. more
ICANN announced recently that it has begun negotiations with an applicant for another 'sponsored' (non-open) top level domain, .XXX. There has been a fair amount of coverage, for and against. My initial reaction is (with the proviso that the public information to assess these things is always insufficient): .XXX seems plausible for what it is but it isn't what many probably think it is. ...that's the key to understanding this. This TLD is intended to be a trade association and is not a form of regulation. 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
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
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
Yesterday the ICANN board discussed and approved ICANN staff to enter into negotiations with ICM Registry, Inc. for the .XXX Top Level Domain (TLD). I'm sure there will be a longer more complete presentation from ICANN later about this, but as an individual board member I thought I'd post a quick note before people got carried away with speculation based on a lack of information. more
Perhaps Morgan Freeman never learned about the high profile domain name disputes involving celebrity names (e.g., Madonna, Bruce Springsteen and Julia Roberts), because he didn't register morganfreeman.com before it was snatched up by Mighty LLC in April 2003. After learning about Mighty LLC's (no stranger to domain name disputes) cybersquatting, Freeman filed a complaint before a WIPO arbitration panel under the Uniform Domain Name Dispute Resolution Policy... more
James Seng has quoted that Korea, China and Japan must have IDN (Internationalized Domain Name) service. His statement may appear as above mentioned countries desperately need for IDN services because there are no alternative. However, there have already been well established local Internet address providers since quite some time. more
Wal-Mart seems to have been particularly vigilant lately about protecting itself from third parties setting up websites critiquing Wal-Mart and its practices. ...Wal-Mart recently scored a victory in an arbitration proceeding under the Uniform Domain Name Dispute Resolution Policy ("UDRP") before the World Intellectual Property Organization ("WIPO") against Jeff Milchen, a self-proclaimed critic of Wal-Mart from Bozeman, Montana who registered the domain name "walmartfacts.biz". more
An article written by Paul Wilson, Director General of Asia Pacific Network Information Centre (APNIC), and Geoff Huston, Senior Internet Research Scientist at APNIC. "In recent months proposals have been made for the introduction of competition into the system of allocation of IP addresses. In particular, calls have been made for new IP address registries to be established which would compete with the existing Regional Internet address Registries (RIRs). Specific proposals have been made by Houlin Zhao of the ITU-T and by Milton Mueller of the Internet Governance Project, both of which propose that the ITU itself could establish such a registry group, operating as a collection of national registries." ...It would appear that part of the rationale for these proposals lies in the expectation that the introduction of competition would naturally lead to outcomes of "better" or "more efficient" services the address distribution function. This article is a commentary on this expectation, looking at the relationship between a competitive supply framework and the role of address distribution, and offering some perspective on the potential outcomes that may be associated with such a scenario for IP addresses, or indeed for network addresses in general. 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
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