ICANN

Redux: European Parliament Proposes .kid Internet Domain

I ran into a Reuters headline today, which illustrated to me the pace at which some legislative bodies operate. Yes, this .kids idea is timely. It is an idea so good, that I remember multiple different bidders proposing it in the initial wave of new TLDs laid in front of ICANN back in 2000. The contenders all had fantastic presentations and capabilities, which I heard voiced in the Marina Del Rey ICANN meetings as the 44 initial proposals were culled into seventeen, and then into the seven...

IGP Asks You to Weigh in on the USG’s .xxx Intervention

Responding to the .xxx intervention by the US Commerce Department, the Internet Governance Project has produced a "STATEMENT OPPOSING POLITICAL INTERVENTION IN THE INTERNET'S CORE TECHNICAL ADMINISTRATIVE FUNCTIONS." You can view the statement here and add your name as a signatory at the bottom. Over 60 people have endorsed it. The Statement claims that "The NTIA's recent intervention in the .xxx proceeding undermines assurances" that the U.S. government's special unilateral authority over ICANN "would never be used to shape policy but was only a means of protecting the stability of the organization and its processes." The NTIA's open acknowledgment of the influence of religious groups made the intervention particularly dangerous.

Criticism of Trademark Owner Deemed Legitimate Interest under ICANN UDRP

BioCryst Pharmaceuticals, Inc., of Birmingham, Alabama, challenged registration of domain name www.biocrystpharmaceuticals.com. Respondent used domain name to criticize the Complainant's business (BioCryst Pharmaceuticals, Inc. v. Kumar Patel, Case No. D2005-0674). Panelist Daniel Gervais denied relief, stating...

.XXX Puzzle Pieces Start to Come Together: And the Picture is Ugly

Americans who worried about governments somehow "running" the Internet through the United Nations failed to see the Trojan Horses that were rolled into ICANN's structure in 1998: the Governmental "Advisory" Committee and the special US Government powers over ICANN. The attempt by the US Commerce Department to "recall" the delegation of .xxx to ICM Registry due to pressure from deluded right-wing groups in the US who think that it will add to pornography on the Internet is a major inflection point in the history of ICANN, and could represent the beginning of the end of its private sector/civil society based model of governance.

Objections to .XXX, Attention in High Places

Dot XXX is in for some interesting times, I fear. First the ICANN GAC chair Sharil Tarmizi is suggesting that more time be given for government and public policy feedback on .XXX. Objections certainly have started to come in from rather high places, such as from the US Department of Commerce. Personally speaking I'm inclined to be in favor of .XXX because it at least gives people in the adult entertainment industry their own online space and a stronger voice (gTLD)...

Regime Change on the Internet: Conference Notes

"Regime Change on the Internet? Internet Governance after WGIG" was the first public event held in the United States on July 28, 2005 to review the UN Working Group on Internet Governance (WGIG) report. Here are my notes from the event: "Markus Kummer, Executive Coordinator, UN Working Group on Internet Governance, reminded the audience that the mandate of the WGIG was specifically articulated by the first part of the WSIS - "To investigate and make proposals for action as appropriate". It was not for sweeping regime change as the conference title would suggest."

About Those Root Servers

There is an interesting note on the ITU Strategy and Policy Unit Newslog about Root Servers, Anycast, DNSSEC, WGIG and WSIS about a presentation to ICANN's GAC. (The GAC website appears to be offline or inaccessible today.) The interesting sentence is this: Lack of formal relationship with root server operators is a public policy issue relevant to Internet governance. It is stated that this is "wrong" and "not a way to solve the issues about who edits the [root] zone file." Let's look at that lack of a formal relationship...

Orange Bowl ICANN UDRP Case Explores Fair Use

The resale of genuine products presents particular difficulties in domain name disputes, testing the application of fair use doctrine. Several domain name disputes involving the resale of event tickets illustrate the point. I served as a panelist in one such case The Orange Bowl Committee, Inc. v. Front and Center Tickets, Inc., D2004-0947 (WIPO 2005). The decision, which issued with a dissent, explored fair use in the domain name context and addressed several related ticket resale disputes.

IGP on Future U.S. Role in Internet Governance

On June 30, 2005, the United States Department of Commerce National Telecommunications and Information Administrtation (NTIA) released the "US Statement of Principles on the Internet's Domain Name and Addressing System." The Internet Governance Project (IGP) has issued 7 points in response to the "Statement of Principles" showing the direction believed to be in the interests of the United States and the world.

When the Defendant is a Domain Name: The Power of In Rem Proceedings Under the ACPA

A recent decision by a federal court in Virginia illustrates some interesting legal issues that arise from the global nature of the domain name system. It also highlights a powerful mechanism under the Anticybersquatting Consumer Protection Act ("ACPA") by which a plaintiff can proceed with a legal action to recover a domain name without regard to the court's personal jurisdiction over the registrant.