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Bloomberg is reporting that Gregory Reyes is facing criminal and civil charges in relation to securities fraud. Reuters and the Mercury News also have coverage. "Former Brocade Communications Systems Inc. Chief Executive Officer Gregory Reyes became the first CEO charged in the U.S. probe of the backdating of stock option grants to create lucrative employee pay packages." more
The CFIT vs. VeriSign et. al. lawsuit had another day in court today. ...The key point coming out of a hearing today (Friday, June 09, 2006) in front of U.S. District Court Judge Ronald Whyte in San Jose, California is that the arguments made by CFIT against the .com deal between ICANN and VeriSign will continue. ...There was one moment of some drama. After lawyers for VeriSign and ICANN both argued that the 7 percent price increases without the need for justification would not be a violation of anti-trust law, Judge Whyte asked the lawyer for ICANN if it would be an anti-trust violation if VeriSign had been granted an annual 100 percent increase. The lawyer said, "no." Other lawyers for other matters sitting in the audience seemed to shift uneasily... 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
On Monday the 3rd, California state Senator Dean Flores held a hearing of the E-Commerce, Wireless Technology, and Consumer Driven Programming committee grandly titled AOL: You Have Certified Mail, Will Paid E-mail Lead to Separate, Unequal Systems or is it the Foolproof Answer to Spam?. The senator's office said they were very eager to have me there, to the extent they offered to fly me out from New York, so since I happened to be on the way home from ICANN in New Zealand that weekend, I took a detour through Sacramento. Sen. Florez conducted the hearing, with Sens. Escutia and Torlakson sitting in briefly. Unfortunately, Sen. Bowen, who is very well informed on these topics, wasn't there. There were five panels of speakers, and I got to lead off... more
As the ICANN's week-long meeting in Wellington, New Zealand is now fully underway, the approval of the proposed .XXX top-level domain (TLD) continues to remain a key topic of discussion and its eventual approval yet uncertain. The .XXX TLD was widely expected to receive its final approval at the ICANN's last meeting held in Vancouver about 4 months earlier but the discussion was unexpectedly delayed as the organization and governments requested more time to review the merits of setting up such a domain. Stuart Lawley, president of the would-be .XXX operator ICM Registry LLC offers his comments from Wellington. more
What would it take for this upcoming meeting to be a success? I am a big believer in ICANN's core principles, and in the forum it provides for private self-governance of domain names and numbers. I think the ICANN model continues to have great potential as a form of governance. For this meeting to be a success for me, personally, I'd like to see those core principles made more visibly operational -- or at least see a start made on this effort. I'm putting a stake in the ground with these posts, and we'll see whether progress happens or not. more
For three years, I've been a member of ICANN's "Interim" At-Large Advisory Committee, ALAC. At this Vancouver meeting, for the first time, the ICANN Board met with us, and Bret captured it on mp3 for podcast. ALAC criticized ICANN's proposed settlement with VeriSign, and then spoke about the problems with the current structure for at-large participation. more
The UN Secretary-General has been invited to "convene a new forum for multi-stakeholder policy dialogue." Everyone can see his/her hearts' desires in the WSIS deal: ICANN can believe that it has survived for another day; governments can believe that they will have "an equal role and responsibility for international Internet governance"; and there will be an enormous meeting in Greece by the second quarter of 2006 to start the Internet Governance Forum going. more
Having just arrived in Tunis for the WSIS, my weekly Law Bytes column (Toronto Star version, freely available version) focuses on the Internet governance issues that are likely to dominate discussions all week. I argue that claims about a "digital Munich" and a U.N. takeover are not helpful to arriving at an appropriate solution (though based on discussions this morning it does not appear that things are moving very far away from such claims). more
I've often said that ICANN regulates the business of buying and selling of domain names and that ICANN's claim that it coordinates technical matters to preserve the stability of DNS is a fantasy. Well I am proven wrong. ICANN has done something technical. ICANN has issued Guidelines for the Implementation of Internationalized Domain Names, Draft Version 2 [PDF] (pending approval by the ICANN board.) It's only four pages long, but those few pages contain a lot of significant material. more
A month ago, ICANN announced that it had a large set of proposed changes to its "Guidelines for the Implementation of Internationalized Domain Names". The original guidelines are fairly confusing and not widely deployed by the ccTLDs, so one would think that the proposed revisions would be clearer and more useful. No such luck. Instead of describing what the problems with the old guidelines were, the committee that put together the new proposal simply added a whole bunch more rules. more
"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." more
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. more
The Working Group of Internet Governance has released its final report [PDF]. As I wrote this week in my Law Bytes column, the report comes on the heels of the U.S. statement that it has no intention of surrendering control of root zone file. The WGIG report developed a working definition of Internet governance that states: "Internet governance is the development and application by Governments, the private sector and civil society, in their respective roles, of shared principles, norms, rules, decision-making procedures, and programmes that shape the evolution and use of the Internet."... more
In light of the recent decision by the United States government to "maintain its historic role in authorizing changes or modifications to the authoritative root zone file" and ICANN's recent decisions to add more gTLDs (including .xxx), and to renew VeriSign as the .net registry, readers may be interested in the just-published report of the National Research Council's Computer Science and Telecommunications Board, Signposts in Cyberspace: The Domain Name System and Internet Navigation. ...a comprehensive policy-oriented examination of the Domain Name System in the broader context of Internet navigation. more
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