WIPO just published a decision regarding the domain dispute over the britishmuseum.org domain name. At first glance, everything seems alright. The world famous British Museum won in a default judgment as the current registrant (the respondent) never replied). However, drill a little deeper and something is amiss. The "parties" section of the case lists the respondent as "British Museum Resources, Limited, West Bay, George Town, Kentucky, United States of America." more
The Associated Press reports this week on ICANN developments involving the Whois reform. The Whois database, which displays domain name registrant information including names, addresses, phone numbers, postal and email addresses, has been the subject of years of debate within ICANN as many in the Internet community have expressed concerns about the mandatory disclosure of such personal information. The Generic Names Supporting Organization (GNSO) has successfully pushed for reform, though it is uncertain how the ICANN board will respond. more
Cybersquatting is so 2000, or so we thought. The Uniform Dispute Resolution Policy (UDRP) at WIPO has been chugging along for several years now, methodically determining if complainants IP rights have been violated and reassigning "ownership" of domain names. Typically, the cases are fairly boring. But some recent developments in the world of 800 lb search gorillas, Google and Baidu, suggests that the regime could be faced with substantial pressure in the near future. more
As folks will recall, there was a big debate about tiered/differential pricing in the .biz/info/org contracts. Eventually those contracts were amended to prevent that. However, if folks read the .XXX proposed contractv [PDF], Appendix S, Part 2, under "delegated authority" (page 66 of the PDF), appears to give the Registry Operator total control to make policy regarding pricing. Thus, it would appear they are in a position to re-price domains that later become successful... more
From "Last Call for Whois Comments", a recent opinion piece by eWeek's Security Center Editor Larry Seltzer: "It's not a good sign when the criminals and the lawyers are on the same side of an issue; there may be no good solution to the problems of Whois service rules. Who would have imagined that so much business and so much abuse would center around Internet domain names? Certainly not the designers of the system, including those of the Whois service, which reports on ownership and some other data on domain names... more
The DoC seems to have finally realized it went too far by using ICANN to serve the interests of some conservative groups, as mentioned in a previous post. The new story is now that the ICANN board did not reject the .XXX application as such, but only the agreement negotiated between ICM Registry and the ICANN staff at that time. How subtle these things are... more
It has been over a year since I posted "The Non-Parity of the UDRP", how little did I know then compared to now! Since that posting, the corporations and their lawyers have given me a crash course in the law and I have learned much. There are many tricks that corporations will play on a domain name registrant in order to silence criticism of the corporation and to violate the registrants right of freedom of expression without frontiers. The UDRP Administrative Proceedings is one such trick... more
I'm in attendance at the the TRAFFIC EAST 2006 show, in Hollywood [Miami], Florida. There has been a lot of buzz here about the .Mobi top level domain, ranging from the talk of early registrants hoping to create the next big mobile portal to those that were keen to see implementations of mobile content. There was a domain name auction this evening where flowers.mobi sold for $200,000.00 (USD), and fun.mobi for $100,000.00 (USD) from a long list of domain names in the com, net, info, org, us and mobi extensions. more
I had the pleasure of chairing all of the sessions of the alt.telecom policy forum held in Ottawa this past weekend. It was a great meeting, and a multi-stakeholder meeting at that -- having key people from Academia, civil society, Government, as well as the internet business sector. more
ICANN issued a statement on the Spamhaus case: "...ICANN is not a party to this action and no order has been issued in this matter requiring any action by ICANN. Additionally, ICANN cannot comply with any order requiring it to suspend Spamhaus.org..." more
Last month, there was an exchange of letters between a gTLD administration and ICANN about DNSSEC deployment. This gTLD administration is PIR or Public Interest Registry, the gTLD administration for the .org TLD. Interestingly, PIR is a non-profit organization that makes significant contributions to ISOC (Internet Society) initiatives: thus, both ICANN and PIR are organizations dedicated to the well-being of the Internet. more
The results of the recent NTIA consultation made it clear that there is no real public or industry support for unilateral control of the DNS root by the U.S. government. The latest and most interesting sign of collapsing support for US unilateral control of the DNS root, which the Internet Governance Project learned of today, is a proposal being circulated by G. Beckwith Burr... more
For now, it appears that the new, more technically focused and privacy-friendly definition of the purpose of Whois survived the Marrakech meeting. The U.S. Government and the copyright and law enforcement interests mounted a major onslaught against the Generic Names Supporting Organization (GNSO) action, using the Governmental Advisory Committee (GAC) as their pressure point. more
VeriSign has reported that they are cooperating with a grand jury subpoena and a SEC inquiry into their historical stock option grants. More can be found here. Backdating of options is essentially a fraud against existing shareholders, as noted in the press or simply searching Google for "backdating fraud". Under the existing 2001 .com Registry Agreement, section 16.C would allow for termination of the agreement by ICANN in the event that VeriSign "is convicted by a court of competent jurisdiction of a felony or other serious offense related to financial activities... more
A recent statement released by the U.S. Federal Trade Commission emphasized that the Whois databases should be kept "open, transparent, and accessible," allowing agencies like the FTC to protect consumers and consumers to protect themselves: "In short, if ICANN restricts the use of Whois data to technical purposes only, it will greatly impair the FTC's ability to identify Internet malefactors quickly -- and ultimately stop perpetrators of fraud, spam, and spyware from infecting consumers' computers," the statement states." more
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