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If there's one thing that scares the bejabbers out of me, it's when organized religion -- either directly or via proxies -- attempts to nose its way into technology policy issues. It appears that such a scenario is unfolding currently, with a concerted new effort to fundamentally remake the Internet in a manner befitting the sensibilities of top-down religious hierarchies. An Internet Pope? The Spanish Inquisition? Not exactly -- that's the incorrect religion for this particular case. more
The World Intellectual Property Organization (WIPO) asserted on Monday that new gTLDs from ICANN would unleash a global crime wave. This dire warning was bolstered by an astonishing statistic: a whopping eight per cent (8%) increase in UDRP complaints from 2007 to 2008! But WIPO's press release tells only a very little of the truth. Astonishingly, the UDRP system actually works pretty well... more
The Technology Policy Institute (TPI), an IT and communications policy think tank, has just released a paper proposing that "ICANN's governance structure should be dramatically reformed to make it more accountable before the current tie with the U.S. Department of Commerce is allowed to expire." The paper titled "ICANN At a Crossroads: a Proposal for Better Governance and Performance" is written by Thomas M. Lenard, President and Senior Fellow at TPI, along with Lawrence J. White, Professor of Economics at the NYU Stern School of Business. The 52-page study also asserts that ICANN must have a clear focus on encouraging competition with minimal role as a regulator with respect to the creation of new generic Top-Level Domains (gTLDs). more
According to latest reports from the World Intellectual Property Organisation (WIPO), allegations of cybersquatting by trademark holders continued to rise in 2008, with a record 2,329 complaints filed under the Uniform Domain Name Dispute Resolution Policy (UDRP). This represented an 8% increase over 2007 in the number of generic and country code Top-Level Domain (gTLDs and ccTLDs) disputes handled and brings the total number of WIPO cases filed under the UDRP since it was launched ten years ago to over 14,000. To improve efficiency and respond to growing demand, WIPO has proposed an "eUDRP Initiative" to render the UDRP paperless... more
Trademark issues are emerging with the upcoming introduction of new generic top-level domains on the internet, and the board members of the body introducing the names has passed the ball back to intellectual property experts to find answers. The Intellectual Property Constituency of the Internet Corporation for Assigned Names and Numbers (ICANN) has been asked to work out a viable solution "no later than 24 May 2009." Trademark issues have been defined as one of four overarching issues still to be solved before ICANN can finalise the application procedure for the next hundreds or thousands of top-level domains from .eco to .music. more
In part 1, we explained that the DKIM "d=" value identifies the domain name which signed the message, which may be a different domain name from the author of the message. Tying the signing and author domains together will require an additional standard: Author Domain Signing Practices (ADSP). In IETF parlance, the "author domain" is the domain name in the From: header, so ADSP is a way for the author domain to publish a statement specifying whether any other domain name should ever sign a message purporting to be From: that author domain... more
The Mexico City ICANN Conference was more eventful than some of us had anticipated. Among the highlights was Paul Twomey's announcement that he is stepping down as President and CEO of ICANN effective on June 30... Before the Conference, ICANN had released the second draft of its Guidebook for new generic Top-Level Domains (gTLDs). It was not greeted with universal acclaim... more
Defendant Shui registered the domain name citybank.org and established a site there promoting financial services, sometimes using the mark CITIBANK. The real Citibank, armed with its trademark registrations in over 200 countries and over 50 years of use of its CITIBANK mark, filed suit against Shui under the Anticybersquatting and Consumer Protection Act, 15 USC 1125(d) ("ACPA")... Citibank sought $100,000 -- the maximum amount of statutory damages available under the ACPA, plus payment of Citibank's attorneys' fees... more
DomainKeys Identified Mail (DKIM) is the leading email authentication technology, supported by major ISPs including Google, AOL, and Yahoo! (who invented its predecessor), popular mail server software like Sendmail, and many of the best minds in email technology. But if you peruse the archives of the IETF DKIM mailing list, or start up a conversation at MAAWG, it might appear that there's still a lot of disagreement about what a DKIM signature actually means. more
Saipan DataCom, Inc.’s upcoming late March 2009 open launch of chi.mp (“Content Hub & Identity Management Platform) has implications for trademark holders that seem to have gone unnoticed to date. Chi.mp is a free platform that enables social network users to create social hubs on their own stand-alone hosted Web sites... As an attorney representing both trademark owners and domain name registries, I see chi.mp as a unique situation. more
Wednesday's announcement by the Obama administration, that former Washington state governor Gary Locke has been nominated as the next Secretary of Commerce could be a good sign for Internet governance, and the continued globalization of the ICANN regime. The Chinese-American Locke brings key political capital and experience to the table. He is well respected within and has access to the most senior levels of the Chinese government... more
It didn't seem to make any headlines, but it is an interesting sign of the Internet times that, effective January 1, 2009 , the United State Patent and Trademark Office ("USPTO") changed the International Classification of "domain name registration services" to Class 45 (defined below). The reason that the move is interesting is that it is just one more indication that the world of the Internet is becoming less and less about technology and more and more about law and policy. more
ICANN Meetings can be an intimidating place for first-timers or even those who have only attended for the few years. The acronyms fly fast and furious. The participants, or at least most of them, have been working on the issues for years (even decades). The technical and policy issues are complex. Luckily, however, an attendee can overcome these barriers to entry with a few drinks at the hotel bar. .. more
Throughout my childhood, I was a practicing member of the Religious Society of Friends (the 'Quakers'). Now, for the first time, I am participating in an ICANN meeting (specifically, the 34th in Mexico City). While at first blush these to two experiences seem to have little in common, it is actually striking how much they are alike... more
Philbrick's Sports is a New Hampshire retailer of sporting goods. eNom's customer registered two domain name variants of Philbrick Sport's website. When the customer didn't pay eNom, eNom took the names back for itself... Each of these domain names were parked with Yahoo, who displayed sponsored ads on the domains. Philbrick's then sued eNom, claiming cybersquatting and trademark infringement. more
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