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"GOD, at least in the West, is often represented as a man with a flowing beard and sandals. Users of the Internet might be forgiven for feeling that nature is imitating art — for if the Net does have a god he is probably Jon Postel" (The Economist, Feb. 1997) David W. Maher, Senior Vice President, Law and Policy of Public Interest Registry (PIR) offers his reminiscence of the early days of the Internet and attempts made to restructure the Domain Name System — an article he has entitled 'Reporting to God'. more
It has taken almost three years -- by some counts, more than 6 years -- but ICANN's domain name policy making organization has finally taken a stand on Whois and privacy. And the results were a decisive defeat for the copyright and trademark interests and the US government, and a stunning victory for advocates of the rights of individual domain name registrants... more
If a UDRP panelist believes domainers are the same thing as cybersquatters, is he fit to arbitrate? I came across an editorial on CNET today by Doug Isenberg, an attorney in Atlanta and founder of GigaLaw.com, and a domain name panelist for the World Intellectual Property Organization. The guest editorial focuses on Whois privacy and why it's imperative to maintain open access to registrant data for intellectual property and legal purposes. That's a common opinion I've read a million times. Nothing groundbreaking there. But then I was shocked to read that Isenberg generalizes domainers as cybersquatters: "Today, cybersquatters have rebranded themselves as 'domainers.' Popular blogs and news sites track their activities..." more
In a move that flies in the face of established international guidelines, the New York Senate is pushing through a bill that would forbid registering the name of a living person with the purpose of selling the domain to that person. The New York Senate's bill is called "domain names cyber piracy protections act" and is championed by State Senator Betty Little (S2306). Generally speaking, registering a person's name solely to sell the domain to that person is a losing cause in UDRP arbitrations. But the New York bill is scary for a few reasons... more
The number of applications this year for the seven positions within ICANN has been so low that the NomCom has gone to the trouble of printing up pamphlets, holding a public meeting at Marrakech and extending the deadline by a fortnight. At the two public Board sessions in Marrakech the grand hall that was provided was virtually empty, sparking some debate as to why. Susan Crawford ventured that it was because ICANN was failing to connect with people; Vint Cerf suggested that ICANN was so successful at doing its job that people didn't feel the need to attend. Mouhamet Diop pointed out that we were in a French-speaking Arabic country and no one was going to sit through four hours of discussion if they didn't understand a word of it... more
So Domain Tasting, where registrants (who may also be registrars) taste names and keep only those that have economic value, is now the target of a federal cybersquatting lawsuit, brought about by lawyers for major brand name retailers Neiman Marcus and Bergdorf Goodman against major domain name registrar Dotster. This Dotster lawsuit involves allegations of cybersquatting by registrars who use the Create Grace Period, which is mandated by ICANN for global registries... more
This is serious. I'm not joking. You can look it up. Morgan Stanley brought a UDRP action involving the domain name 'mymorganstaleyplatinum.com' against a registrant identified as "Meow ("Respondent"), Baroness Penelope Cat of Nash DCB, Ashbed Barn, Boraston Track, Tenbury Wells, Worcestershire WR15 8LQ, GB." The decision summarizes the response... more
By now, you should have read elsewhere that the ICANN board has rejected the ICM application to create a .XXX TLD. It still comes as a surprise to some. Frankly, this was the prognosis I made to Stuart Lawley two years ago, for the very reasons mentioned by the European Commission. I mentioned in a previous blog entry that 6000 complaints from US citizens would have more weight on the conservative US administration than any other consideration... more
One of the best sources of information about sites on the web is the Whois database. A trio of patent applications from Go Daddy, published last week at the US Patent and Trademark Office, explores whether adding additional information to the Whois database might help reduce spam, phishing, and other fraudulent practices and improve search engine results. The patent filings from Go Daddy would add reputation information to the published Whois data to let others use it for a number of reasons, including enabling search engines incorporate it into their ranking mechanisms. ...The patent application from Google focuses upon fighting web spam using a wide range of data, including that associated with domain names. ...We can't really be certain that Google is presently using this information, but there are some indications that they may be... more
Message to ICANN: Let those who want to create a TLD, simply register it with ICANN. If the TLD is not already taken, if they have the technical capability to mange the TLD, and they have the desire to market domain names on that TLD, then let them do so. ...Do you present a businesss plan to the city you live in before they allow you a business license? Does the city ask you to prove you are financially stable before issuing you a business license? If you apply for a business license to open a clothing store, does the city ask how you will run your clothing store or if you have the necessary expertise to run a clothing store? Does the city think you will hurt them economically if your clothing store goes out of business? No, it's none of their business... more
Is contextual advertising helping or hurting the web? It basically started with Google Adsense even though the concept wasn't new. It had never been done on the scale that Google did it. Now we have Yahoo Publisher. MSN is building their version. We have Konterra and a whole lot of other companies scrambling to cash in on the contextual ad craze. Initially contextual advertising seems like a good idea. Ads based on the content of your website that might benefit your readers or visitors. Ads that are related to the content you produce that will also help you make a little money for your efforts. However greed ruins all good things. Now there are probably millions of webpages online that are built for the sole purpose of cashing in on contextual advertising. ...To make money with contextual advertising you want your content to be bad. Yes, you want it to be bad. more
Naming for today's global e-commerce is very fragmented and every corporation is trying to cope with little or no guidance at all. When a name fails to deliver a clear and distinct message no amount of bizarre branding ideas will ever save it. Now to check on the health of a name here are some key reasons and if not corrected, a name will endlessly shout and eventually die. more
Earlier this year we requested your questions on one of ICANN's most heated discussions -- issues involving top-level domains (TLDs) -- which we passed on to Vint Cerf, Google's VP and Chief Internet Evangelist and chairman of the board of ICANN. Despite an understandably heavy schedule, Vint Cerf has taken the time to personally respond to more questions than we had originally anticipated. So with our special thanks, here are his responses. more
In the late summer of 2006, the ICANN Nominating Committee will convene to select three members to the ICANN Board of Directors, and four members to various councils. Depending on the global visibility of the nominees, and the current political and technical currents pulling at the Internet community, these nominations will be both pilloried and lauded in different circles. This process of selecting a good ICANN board member is astonishingly complex; I should know, having served on the founding NomCom in 2003, and the succeeding NomComs in 2004 and 2005. By far the biggest challenge is finding good candidates... more
I've finally recovered from another ICANN meeting, frustrated as ever. 700 or so people flew halfway around the world to hear canned presentations, dueling-monologue public form sessions, and resolutions that left major issues unresolved, and to gripe in the hallways about how little was being done. more
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