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
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
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
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
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 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
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
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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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
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
Imagine a California non-profit corporation providing material assistance to a criminal wanting to do you physical and financial harm. Then, imagine that corporation is ICANN. Imagine no longer, because that is precisely what the ICANN Compliance department managed to pull off this week, in an all-too-common demonstration of the havoc they can cause by sheer ineptitude, without apology or concern. This is the situation which crossed my desk this week. more
January 2014. The first registry contracts have been signed. The first Sunrise priority registration periods have been opened. The new gTLD program is well on the way. So maybe now, at last, we can start to find out the real costs of opening up the Internet root? And how much revenue doing so has brought ICANN! Short answer: ICANN has taken in USD 344.958 million from the first round of new gTLD applications. The figure comes from the first of ICANN's quarterly financial statements, covering the three months up until September 30th. more
Yesterday Verisign sent ICANN a most interesting white paper called New gTLD Security and Stability Considerations. They also filed a copy with the SEC as an 8-K, a document that their stockholders should know about, It's worth reading the whole thing, but in short, their well-supported opinion is that the net isn't ready for all the new TLDs, and even if they were, ICANN's processes or lack thereof will cause other huge problems. more
A couple of recent articles have caught my attention because they offer scathing criticism of ICANN. The first is a long and convoluted article by Kieren McCarthy on the .JOBS debacle. Kieren has basically written a feature that only a seasoned ICANN insider can hope to understand and that's a pity, because the points he makes appear very valid. Namely that ICANN is incapable of looking at itself in the mirror and admitting when it's wrong. more
I've been watching at the excitement build in the domain community, where a lot of people seem to believe that at next month's Singapore meeting, by golly, this time ICANN will really truly open the floodgates and start adding lots of new Top-Level Domains (TLDs). I have my doubts, because there's still significant issues with the Governmental Advisory Committee (GAC) and the US Government and ICANN hasn't yet grasped the fact that governments do not defer to NGOs, but let's back up a little and ask is this a good idea. more
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