New York Passing New Domain Name Law

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

Wall Street Journal Article on Whois Privacy

Today's Wall Street Journal discusses the fight over Whois privacy. The article on the front page of the Marketplace section starts by discussing how the American Red Cross and eBay use the Whois database to track down scammers: "Last fall, in the wake of Hurricane Katrina, the American Red Cross used an Internet database called "Whois" that lists names and numbers of Web-site owners to shut down dozens of unauthorized Web sites that were soliciting money under the Red Cross logo. Online marketplace eBay Inc. says its investigators use Whois hundreds of times a day..." more

Europe is to the US Controlled GPS as Europe is to the US Controlled DNS Root?

An Analogy: Europe is to the US controlled GPS as Europe is to the US controlled DNS root? That's not a very good title is it? But it does express the point I want to make. This week the European Union launched the first satellite of its own global positioning system, Galileo. One has to wonder why the Europeans feel they need to do this. Isn't the GPS system run by the United States a perfectly good system? more

The Problem With Wikis

Wikis have been around for a long time on the Web. It's taken a while for them to transform from geek tool to a mainstream word, but we're here now. Last week at the ICANN Meeting in Vancouver, it was fun to watch hundreds of people get introduced to Wikis and start using them, thanks to Ray King's ICANN Wiki project. In the past few days since, I've come to believe that Wikis are doomed unless they start thinking about security in a more serious way. more

Splitting the Root: It’s Too Late

One of the consistent chants we've always heard from ICANN is that there has to be a single DNS root, so everyone sees the same set of names on the net, a sentiment with which I agree. Unfortunately, I discovered at this week's ICANN meeting that due to ICANN's inaction, it's already too late. Among the topics that ICANN has been grinding away at is Internationalized Domain Names (IDNs) that contain characters outside the traditional English ASCII character set. more

You Paid to Join; You Can Leave Anytime

Once upon a time, around 1998-1999, three of us were hired by APEC-Tel to study "International Charging Arrangements for Internet Services". APEC-Tel is a regular meeting of Pacific-nation telecommunications ministers. The impetus of the study was their consternation that connection to the Internet was being charged (paid for) in an entirely new way. The template of the old telephone settlement scheme had been overthrown. Those wishing to connect to the Internet, which was centred in the United States, were being forced to lay lines across the Pacific, pay landing rights in the United States or Canada, and pay further to connect to the Internet at the nearest negotiated peering or transit point. more

The Non-Parity of the UDRP

The UDRP is obviously not working. Two websites, fundamentally the same (criticism at trademark.tld), two opposite decisions, both within weeks of each other! A Complainant (Biocryst Pharmaceuticals Inc) initiated a complaint to WIPO about one of my criticism websites (biocrystpharmaceuticals.com). The Panel found in my favour. Another Complainant (Eastman Chemical Inc) meanwhile made a complaint to NAF regarding another of my criticism websites (eastman-chemical.com). The Panel found against me. The two websites are fundamentally the same, both websites in criticism of the practices of the individual companies concerned... more

Do We Really Need IDN?

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

The Site Finder Reprise

I have been attending the Icann conference in Malaysia this week. One of the key events was the submission of the report from the Security & Stability Advisory Committee regarding Site Finder. In reading the committee's report I discovered what I believe is an incredible breakdown in logic and as a consequence, a very mistaken, or at least confused, set of conclusions. So, why do I say that? more

Report on Reaction to Zuccarini’s Arrest

On September 3, 2003, United States federal law enforcement officers arrested the notorious John Zuccarini accused of allegedly creating misleading domain names to deceive children and direct them to pornographic websites. Zuccarini's arrest is the first to be made under the Truth in Domain Names Act, which took effect earlier this year prohibiting people from creating misleading domain names as a means to deceive children into viewing content that's harmful to minors, or tricking adults into clicking on obscene websites. What follows is a collection of commentaries made by experts in response to this event...
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When Registry Power Detaches From Liability, It Detaches From Reality

IPv4 scarcity turned regional internet registries from clerks into gatekeepers of a valuable resource. Yet liability caps remain trivial, leaving powerful institutions with little accountability and incentives for conflict and structural breakdown ahead. more

Now We Know Why It’s Hard to Get a .COM

As executive director of CALinnovates, an organization that advocates for innovation and startups, as well as a new business owner myself, I know how important a .COM domain name can be to a new company's online presence and marketing strategy. That's why I read with interest a new Boston Consulting Group report on how the .COM market is changing. I have a much better understanding of why new businesses find it hard to get relevant .COM domain names. more

If ICANN Won’t Stand Up to EU in WHOIS Dispute, Then the U.S. Congress Should

The early designers of the Internet quickly realized that as the number of domain names flourished, there was a need for tracking domain name owners to resolve questions and conflicts that might arise. To that end, they created WHOIS, a public database with the names, phone numbers, email addresses, and mailing addresses of registered domain owners and operators. more

ICANN vs EPAG/Tucows: Tucows Releases Statement on What They’re Doing and Why

As I noted over the weekend, ICANN has instigated legal action against EPAG, an ICANN accredited registrar based in Germany that is part of the Tucows group. ICANN claims that the case is to "preserve WHOIS data", but Tucows asserts in their statement that the ICANN approach is flawed. It's not a frivolous statement, but one they've backed with fairly detailed rationale - and this is just their public statement and not a formal legal filing. more

Who Really Cares About New gTLDs?

ICANN's recent announcement of what it called "an exciting milestone in the evolution of the domain name system" - the delegation of the 1,000th new generic top-level domain (gTLD) - went largely unnoticed. While that's consistent with the new gTLD program in general (at least from the perspective of the general public), that doesn't mean trademark owners should forget about them. more