Several people pointed out that although the suit still hasn't appeared in PACER, copies of the complaint are available online, including this one [PDF] at Lextext. Having read it, I'm rather underwhelmed... I do not purport to be a lawyer (nor do I usually play one on the net), but it's hard to see how the facts, which are not in serious dispute, would support any of these charges. more
This post is based on the scenario that a trademark.tld domain name is registered with a UK ICANN accredited registrar, (they have an exclusive UK jurisdiction clause in their contracts), the trademark.tld criticism website located at that domain name is strictly non-commercial, the servers are located in the UK, and the registrant is a British citizen. In the above circumstances, the corporations and/or their lawyers are taking a big risk when they use the Domain Name Dispute Resolution Policies (UDRP) in order to silence criticism at trademark.tld. more
May 6th 2007: ARIN board of trustees passes a resolution advising the Internet community that migration to a new version of the internet protocol, IPv6, will be necessary to allow continued growth of the internet. June 29th 2007, Puerto Rico: ICANN Board resolution states that: The Board further resolves to work with the Regional Internet Registries and other stakeholders to promote education and outreach, with the goal of supporting the future growth of the Internet by encouraging the timely deployment of IPv6. Oct 26th 2007 at the RIPE 55 meeting in Amsterdam... Nov 15th 2007: IGF meeting, Rio de Janeiro... This is but a small sample of the fast growing visibility IPv6 acquired this year, 2007. more
Nominet has published a very detailed and comprehensive position paper on "front running". Although the paper is a mere 5 pages long it covers all the areas that the topic encompasses very well and is well worth a read. The topic of "front running" has received some publicity in the last few months. If you're not familiar with the concept Nominet's definition is helpful... more
I joined the ICANN board during the December 2004 ICANN meeting in Cape Town. I served for a three year term and stepped down at this last meeting in Los Angeles and didn't run for another term... Before joining ICANN, I thought that ICANN was the only part of the Internet that wasn't really working. I knew that there must be a better way to do what ICANN does, but I couldn't be bothered to figure it out. I'd agree with people who said things like, "it should just be distributed" or "it should just be first come first serve" or "we should just get rid of it." People from ICANN would say, "it's more complicated than that" or "at this point that would be impossible." After being part of the process for three years, I find myself saying those same things... 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
Microsoft has filed 3 cybersquatting cases at the beginning of September 2007, as reported in an Inside Indiana Business article. I took the liberty of accessing the cases via the PACER system, and posted the major documents... It looks like they're stepping up efforts to defend their trademarks, and seeking big damages in court, rather than go the way of the UDRP. These cases demonstrate that new TLDs should not be a priority with ICANN until the problems in existing TLDs are addressed. more
Neustar is facing a potential loss of the Dot-US franchise as competitors bid against them. Why might this be of interest to .com registrants? ...The issue of antitrust with regards to the .com agreement has never really been properly settled, as a well-funded complainant hasn't brought forward a case to full fruition in the courts. ICANN sold out the public by agreeing to a settlement that would see its own coffers swell, at the expense of registrants, so they do not count. more
Funny how some topics seem sit on a quiet back burner for years, and then all of a sudden become matters of relatively intense attention. Over the past few weeks we've seen a number of pronouncements on the imminent exhaustion of the IP version 4 address pools. Not only have some of the Regional Internet Registries (RIRs) and some national registry bodies made public statements on the topic, we've now seen ICANN also make its pronouncement on this topic... Why the sudden uptake of interest in this topic? I suspect that a small part of this may be my fault! more
In one of the first (if not the first) UDRP cases for .cat, the auto giant BMW appears to have filed a WIPO case over the BMW.cat domain name. Other prospective new TLD operators have tried to suggest in ICANN meetings that these new TLDs do not cause problems with cybersquatting or defensive registrations... Obviously, given the above WIPO case, that statement is false. more
I recently came across a copy of a ruling in the bizarre case of MySpace vs. theglobe.com. Theglobe.com was the ultimate dot.com bubble company. It started up here in Ithaca, and went public at the peak of dot.com hysteria with one of the the greatest one-day price runups ever. Since then they bought and sold a variety of busineses, none of which ever made any money, including the Voiceglo VoIP service which appears to be what the spam was promoting. more
On the face of it, Kieren McCarthy's Sex.com was a book that could have written itself: a notorious, well-publicised feud over the most valuable domain name in existence, between two charismatic men -- one a serial entrepreneur with a weakness for hard drugs (Gary Kremen), the other a gifted con-man with delusions of grandeur (Stephen Cohen). It's a story replete with vicious acrimony, multi-million dollar lawsuits, and rumours of gunfights between bounty hunters in the streets of Tijuana. Thankfully, McCarthy wasn't content to just bundle together all the articles he's written about Sex.com over the years and slap a cover on the front... more
Isn't security as important to discuss as .XSS? The DNS has become an abuse infrastructure, it is no longer just a functional infrastructure. It is not being used by malware, phishing and other Bad Things [TM], it facilitates them. Operational needs require the policy and governance folks to start taking notice. It's high time security got where it needs to be on the agenda, not just because it is important to consider security, but rather because lack of security controls made it a necessity. more
There is a current ongoing Internet emergency: a critical 0day vulnerability currently exploited in the wild threatens numerous desktop systems which are being compromised and turned into bots, and the domain names hosting it are a significant part of the reason why this attack has not yet been mitigated. This incident is currently being handled by several operational groups. This past February, I sent an email to the Reg-Ops (Registrar Operations) mailing list. The email, which is quoted below, states how DNS abuse (not the DNS infrastructure) is the biggest unmitigated current vulnerability in day-to-day Internet security operations, not to mention abuse. more
Many in the technical community attribute the rapid growth and spread of the Internet to innovation that took place at the "edge" of the network, while its "core" was left largely application neutral to provide a universal and predictable building block for innovation. It is this core neutrality that provides a basis for the security and stability of the Internet as a whole. And it is this same core neutrality that is critical to the continued spread of the Internet across the Digital Divide. Unfortunately, when the politics of censorship rather than solely technical concerns drive the coordination of these "core" Internet resources, it threatens the future security and stability of the Internet. This paper proposes a paradigm upon which all the governments of the world have equal access to these core Internet resources to empower them and their citizens with the rights acknowledged in the WSIS Declaration of Principles. more
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