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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

NTIA Committed to ICANN Reform

National Telecommunications and Information Administration (NTIA) has made a long term commitment to taking the actions necessary to reform ICANN. Specifically, the Department of Commerce's Strategic Plan for FY 2004-2009 discusses the need for NTIA to take action to reform ICANN. The Strategic Plan details three Strategic Goals for the Department to achieve over the next five years. The second goal is to "Foster science and technological leadership by protecting intellectual property, enhancing technical standards, and advancing measurement science."  more

ICANN and Iraq: Suffering Along

I thought of ICANN yesterday when reading about the devolution of the Iraqi Governing Council, which managed to unite for just a moment to approve a constitution with about the half-life of lutetium. ICANN and the IGC: two institutions put in charge of ill-behaved constituencies and stuck in chronic failure mode. Could anything be learned by examining them at arm's length? Indeed, different as they are, their histories contain several common elements... more

Registration And Use Of Domain Name Infringing Another’s Trademark Ruled “Advertising Injury” Covere

The registration and use of an Internet domain name that allegedly infringes another's trademark is an "advertising injury" within the meaning of an insurance policy, and thus requires the accused company's insurer to provide coverage, according to a recent ruling by the U.S. Court of Appeals for the Fourth Circuit. In the same ruling, the Fourth Circuit also held that the domain name, because it led customers to advertisements at the related website, constituted use of the trademark "in the course of advertising." State Auto Property and Cas. Ins. Co. v. Travelers Indemn. Co. of Am. more

Another Good Decision on Internet “Gripe Sites”

I want to call your attention to another court decision that upholds the right of a consumer to create a non-commercial web site criticizing a company, using the company's name as the domain name. Lucas Nursery and Landscaping v. Grosse, 2004 WL 403213 (6th Circuit March 5, 2004). This case involves Lucas Nursery, a landscaping company in the suburbs of Detroit, Michigan, which apparently botched work done for Michelle Gross - or at least that was her opinion. But, when she established a web site to tell her story, Lucas sued her under the Anticybersquatting Consumer Protection Act ("ACPA")... more

Using Whois to Enforce Law?

Before starting I'd like to remind you that there are two distinct Whois systems -- the one for IP address delegations and one for DNS registrations. I believe that the former is a useful system in which there are clear utility values that outweigh the privacy costs, and in which the person whose privacy is exposed has made a knowing choice. I do not believe that these arguments apply to the latter, the DNS, form of Whois. more

New Regime for Registration of .fr

Association Francaise pour le Nommage Internet en Cooperation ("AFNIC"), the domain name authority managing the French country code top level domain, is introducing a new regime for registration of .fr domain names. Among the main changes, the new regime abolishes any "right to the name". Until now an applicant for registration of a .fr domain name must prove that the domain name reflects its company name, business name or trade mark that is in force in France. 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

Verisign vs. ICANN: More at Stake than Sitefinder

It's easy to dismiss Verisign's antitrust suit as a ploy to push through Sitefinder. But whether one loves Sitefinder or hates Sitefinder, the complaint raises a much more significant issue that won't go away even if ICANN lets Verisign roll out Sitefinder. At the heart of Verisign's complaint is the lack of any definable process for decisionmaking, and its a complaint shared by others. A settlement between Verisign and ICANN that does not create a clear process for decisionmaking at ICANN that includes trustworthy independent review will merely delay the inevitable. Eventually, some other party will become just as frustrated and again challenge ICANN -- either in U.S. court or by enlisting the help of the U.S. Commerce Department, non-U.S. governements, or multinational treaty organizations. ICANN must recognize that the days of ad hoc decision making based on realpolitick must end and give way to stable processes that ICANN staff cannot control. more

The Small, But Limitless World of .kids.us

Erica Wass is the editor and contributing author of the recently published book, "Addressing the World: National Identity and Internet Country Code Domains", (Rowman & Littlefield, October 2003). This book is an edited collection of original essays by domain name administrators, academics, journalists and lawyers that examine the connections between various cultures and the use and regulation of their country code domain names. This is the second part of a three-part series. "Congress and the President of the United States believed so much in the idea that the Internet needed a "safe zone" for children that they passed a law designating such a space. One year after its passage I sought to examine the development of the .kids.us name space. I found an initiative that has yet to live up to its potential, but has a limitless, albeit difficult future ahead." more

WLS Deemed Illegal by Registrar Coalition

ICANN's announcement of a "Special Meeting of the Board", to be held on February 18, 2004, includes a number of topics in its "Proposed Agenda" including: "WLS Negotiations with VeriSign". In reaction to this particular item related to WLS, Newman & Newman, the law firm representing an ad hoc coalition of ICANN-accredited domain name registrars, has sent a letter to Dr. Paul Twomey, President and CEO of ICANN expressing... more

Report on Reaction to FOISA

On February 4, 2004, United States Congress held a hearing on a new proposed bill called the Fraudulent Online Identity Sanctions Act (FOISA). This bill will increase prison sentences by up to seven years in criminal cases if a domain owner provides "material and misleading false contact information to a domain name registrar, domain name registry, or other domain name registration authority." What follows is a collection of commentaries made in response to this proposed bill. more

ICANN and the Data Quality Act: Part II

This is the second part of a multi-part series reported by ICANNfocus. This part discusses the congressional concerns regarding ICANN's governance of the Internet. "Since 1999 Congress has repeatedly expressed serious concerns regarding ICANN's governance of the internet. Congress has substantial responsibility for overseeing the key aspects of internet governance. Among its specific responsibilities, Congress has the duty to oversee implementation of the Department of Commerce's Memorandum of Understanding (MOU) and contract with ICANN." more

New Instance of DNS Root Server Makes Internet History

For the first time in Internet history the number of instances of DNS root servers outside the United States has overtaken the number within. The balance was tipped by the recent launch in Frankfurt of an anycast instance of the RIPE NCC operated K-root server. The K-root server is one of the 13 DNS root servers that resolve lookups for domain names all over the world and form a critical part of the global Internet infrastructure. The K-root server has been operated by the RIPE NCC since 1997 when the first server was installed at the London Internet Exchange (LINX) in London, UK. 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