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Netchoice, a lobbying group for the e-commerce industry had a strange reaction on the failure of the GNSO working group on Whois to reach a consensus. After all, they say, "Privacy concerns with Whois that were identified years ago have already been addressed by in the marketplace"... more
I'm writing this column in November, and that means that it is time for the traveling circus known as the Internet Governance Forum (IGF) to come down to earth, unpack its tents and sell tickets for its annual song and dance routine. The script for this year's show has been changed, and after being excluded from the main arena last year at the Athens gig, the headline act of "Critical Internet Resources" is taking a starring role this year in Rio. Some folk are even saying that it is the single most contentious issue to be scheduled at this year's IGF show. So what are "Critical Internet Resources" anyway? If folks are going to spend all this time, energy and carbon emissions traveling to Rio to talk on this topic, then wouldn't it be helpful to understand what it means in the first place? There are probably a number of ways to answer this question, so in this heavily opinionated column I'd like to look at the range of possible answers to this question. more
The majority of private Internet users in Germany favour the increased usage of local domain endings as in .city or .region in the future because the more memorable names will help them to better find the information that they are looking for. That is the core result of a representative survey that was commissioned by eco Verband der deutschen Internetwirtschaft and conducted by the market research company eResult at the beginning of October. eco is the registered association of German Internet enterprises... more
This is an issue of some concern and should be watched carefully: phishers are now trying to get passwords of domain registrants (domain owners). Currently, correspondents inform me that GoDaddy is the target, but there's no reason to think the phishers won't expand to other registrars. Normally, phishers go after bank accounts or other financial information, or sometimes the online accounts of users so that they may send spam. It's not known precisely why phishers are after domain registration information, but the possibilities are chilling... more
For those who are Star Wars fans, the following scene from the prequel, Attack of the Clones, will be easy to recall: a young and misinformed Jedi, known as Obi-waan Kenobi, opines about how an army of clones had been able to snatch a victory from imminent defeat. Yoda, a Jedi Master and virtual fountain of wisdom, immediately gushes forth an important correction: "Victory? Victory you say? Master Obi-waan, not victory." Yoda explains that winning a battle is not a victory, if the win merely signals that the war has just begun. Yoda's apparent perception seems particularly apt for the precedent setting federal court opinion involving the sex.com domain name. Notwithstanding that individual domain name registrants may seek comfort in the victory obtained from the Ninth Circuit's opinion in Kremen v. Cohen, that decision merely signals a beginning -- not an end -- to the controversy over the proper legal framework for resolving domain name theft. more
As faithful CircleID readers will know, iREIT (Internet REIT, Inc.), a Texas domain name portfolio investment corporation, has been sued by Verizon and by Vulcan Golf for cybersquatting. It appears iREIT is taking steps to clean up its portfolio by deleting obvious typos of famous trademarks... more
Doc's post and the impending comments deadline for the next iteration of ICANN's never-ending WHOIS saga finally pushed me to write up my thoughts on the latest iteration of ICANN debate. As Doc points out, much of the current debate is very inside baseball, tied up in acronyms atop bureaucratic layers. Small wonder then that ordinary domain name registrants and Internet users haven't commented much, while the fora are dominated by INTA members turning out responses to an "urgent request" to "let ICANN know that Whois is important to the brand owners I represent"... more
Companies sometimes find that opportunistic purchasers of domain names (often referred to as "domainers"), will purchase a domain name quite similar to that of the company, and establish a site at the URL loaded with revenue-generating sponsored ads. To accomplish these purposes, domainers seem to prefer the services of companies like HitFarm and Domain Sponsor. A web user types in the confusingly similar URL and is bombarded with pop-up ads and sponsored links to goods and services, often competitive to the company whose name or trademark is being appropriated in the URL... more
As the second Internet Governance Forum approaches, it is an appropriate moment to take stock of how the Internet Governance dialogue has evolved since the conclusion of the WSIS Summit in 2005. One year after the first IGF in Athens, it is clear that government, industry and civil society stakeholders are still grappling over the direction and focus of the IGF... There is little doubt that some governments will choose to borrow concepts from the IGF when developing law and policy and will ultimately apply them to the Internet within their respective jurisdictions. Given the global nature of the Internet, this should be a fundamental concern. While this important dialogue about the Internet continues at the IGF in Brazil next month, another no less important debate is emerging with regard to RFID technology and the so-called "Internet of Things." The Internet of Things is a term coined to describe a future ubiquitous sensor network that collects commercial and personal data in public and private settings created, in part, through the rollout of RFID technology... more
I have recently been a "victim" of the domain name tasting "scam". A domain name (.COM) which is related to me personally (and which was owned by someone else previously) expired and as I knew from Whois (which is another debate on its own) that the expiry date was coming up, I kept a watch on when it would become available so I could register it. To cut a long story short, it took me nearly 6 weeks to get the domain. Each time the domain dropped off the 5 day grace period (it is not really something that would generate ad revenue), it would be picked up by a different registrant... more
ICANN staff has published a draft report on dispute resolution procedures for IGO (inter-governmental organization) domain names. This proposal has deep flaws and should be rejected by the community, as it does not have the balance and protection of registrant rights present in the existing UDRP. Initially, the proposed policy would apply to new Top-Level Domains (TLDs), but via a Policy Development Process (PDP) it could be extended to existing TLDs. more
One of the most frequently asked question when it comes to the discussion about a city top-level domain ".city" (such as .london, .berlin or .nyc) is what .city means to the already established official city portal (such as London.gov.uk, Berlin.de, NYC.gov or in general City.com). This article contributes to the most important topics in this discussion... The choices at the top-level available to individuals, companies and regional communities is today limited to country codes (such as .de or .fr) and a very few generic endings (such as .com or .info). Individuals and companies in cities can't really identify with Internet addressing and look for ways to circumvent it. For instance, the term "hamburg" is already used in about 50,000 domains such as www.habour-hamburg.de demonstrably showing that they belong to the Hamburg community. The synonym "nyc" can be found in almost 300,000 domains... more
One issue that a large number of domainers agree on is that domain tasting under the current ICANN-approved policy is bad for the industry. For one thing, a healthy portion of the practice involves trademark use that not only is illegal but also destroys value. Of course, particular segments of the domain name ecosystem can suffer value destruction because of tasting that doesn't infringe trademarks. But most criticism is directed, and rightly so, at tasting that raises trademark issues. Litigation over the trademark issues has done little to stop the practice and destroys value for trademark holders and domainers alike... more
There is currently a discussion going on between Milton Mueller and Patrik Fältström over the deployment of DNSSEC on the root servers. I think the discussion exemplifies the difficult relation between those who develop standards and those who use them. On the one hand, Milton points out that the way the signing of the root zone will be done will have a great influence on the subjective trust people and nation states will have towards the system. On the other hand, Patrik states that "DNSSEC is just digital signatures on records in this database". Both are right, of course, but they do not speak the same language... more
Damien Allen of VTalk Radio recently interviewed Professor Eric Goldman of the Santa Clara University School of Law on the topic of "Domaining". The interview covers the nature of domaining as a business and how it differs from cybersquatting. From the interview: "Often times the domainers are not particularly interested in profitable resale and, in fact, in my experience many times when domainers get complaints about domains, they'll just hand the domain name back, no questions asked and no money charged. They're not looking to make money from the resale of the domain names..." more