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Contributory Cybersquatting and the Impending Demise of Domain Name Proxy Services?

This case involves an alleged domain name theft. Solid Host is a web host and initial owner of the domain name solidhost.com, which it registered through eNom in 2004. Solid Host claims that in 2008, a security breach at eNom allowed an unknown interloper (Doe) to steal the domain name and move the registration to NameCheap. Doe also acquired NameCheap's "WhoisGuard" service, a domain name proxy service that masked Doe's contact information in the Whois database. Solid Host contacted Doe and sought the domain name; Doe asked for $12,000, and Solid Host took a pass... more

Is Africa Ready for a dotAfrica gTLD Future?

It's approximately 2 months to go before the grand application process for the new gTLDs begins, ICANN the international internet body made a revolutionary announcement in June that is going to change the entire internet namespace. With the current 21 gTLDs, the world is bracing for a surge of close to 500 new applications. Among the domains of my interest is the .Africa gTLD. more

Letter from EU to UN Secretary General

Today the Swedish IT Minister Åsa Torstensson together with the Commissioner Viviane Reding sent a letter to the UN Secretary General Ban Ki-moon. I think the letter is extremely well written, but when I twittered about it, some people contacted me and asked what was so special with it? Let me try to explain... more

If the Stakeholders Already Control the Internet, Why NETmundial and the IANA Transition?

Last weekend C-Span, the public service network that broadcasts proceedings of the U.S. Congress and other U.S. government functions, aired a segment of its series "the Communicators" featuring ICANN CEO Fadi Chehade; C-Span describes the show as "Half-hour conversations with the leaders who shape our digital future". While the interview is actually just 28 minutes long, and appears to have been recorded on January 28th, it contains some surprising statements that raise some intriguing questions. more

Overture to Take Over Internet Governance: ITU at ICANN Meeting, Cairo

ITU is 143 years old and it has done a lot of good work. But it is so huge and powerful that it has been monopolizing (or mono-unionizing) Telecommunications for the last 143 years. ITU's hold over communications has been sweeping. But during the last ten years, ITU's member Telcos have seen several challenges from the open Internet architecture... ITU and the Internet organizations did not quite get along for this and several other reasons Especially the ITU has had its share of differences with the ICANN. Dr. Hamadoun Toure, Secretary General of the ITU addressed the ICANN Annual Meeting at Cairo on 6 November 2008. Here are some excerpts from the Secretary General's speech with my comments. more

Finding Good ICANN Board Candidates

In the late summer of 2006, the ICANN Nominating Committee will convene to select three members to the ICANN Board of Directors, and four members to various councils. Depending on the global visibility of the nominees, and the current political and technical currents pulling at the Internet community, these nominations will be both pilloried and lauded in different circles. This process of selecting a good ICANN board member is astonishingly complex; I should know, having served on the founding NomCom in 2003, and the succeeding NomComs in 2004 and 2005. By far the biggest challenge is finding good candidates... more

New Book on Domain Name Regulation

My book, "The Current State of Domain Name Regulation: Domain Names as Second Class Citizens in a Mark-dominated World" is now available by Routledge. The following is an overview of the book. more

The Future of Domain Name Dispute Policies: The Journey Begins

A just-launched ICANN "working group" (of which I am a member) will - eventually - help to determine the future of the Uniform Domain Name Dispute Resolution Policy (UDRP), the 17-year-old domain name arbitration system that has been embraced by trademark owners and criticized by some domainers; as well as the Uniform Rapid Suspension System (URS), the new (and limited) arbitration process that applies to the new gTLDs. more

Think ICANN Will End Up Rolling in New gTLD Cash? Think Again!

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

Berlin the Latest New TLD Battleground?

If you've been following the new Top-Level Domain (TLD) process within ICANN over the last year or so you will have probably been aware of how slow and tortuous development has been. To recap, ICANN, which oversees domain names globally, announced that it was "opening up" the internet so that "anyone" could get the domain extension they wanted. Of course it's not really "everyone" and the process to date has been far from smooth. more

The Single-Letter Domain Trademark Game

Patent practitioners are familiar with the long-honored practice of engaging in standards-setting activities with the aim of having the standard ultimately require the use of one's proprietary technology. This practice is no longer limited to patents, but has become the game the whole family can play. While most standards-setting organizations have caught on, and have implemented IP disclosure policies, ICANN has not done so... As some are aware, the question of making single-character domain names available has been a perennial topic of discussion within ICANN, championed by a few who have quietly been engaged in some interesting advocacy within the USPTO along a parallel track. more

My Comment on Forbes - Why Is the UN Trying to Take over the Internet

Forbes just published this article that's being shared all over my facebook friends feed. I left a comment on the article that I've copied and pasted here, as it is just about long enough to qualify as a CircleID post by itself... The problem is that peering isn't always settlement free -- and even if it is, if and only if there's an equitable amount of traffic exchanged between two ISPs. And then there's transit, where you pay another network to carry your packets for you. more

Mishandling the Registrar Contract Negotiations

By publishing a draft Registrar Accreditation Agreement (RAA) for public comment before it has been agreed on by both parties, has ICANN dealt the bottom-up multi-stakeholder model a blow? ICANN Staff and the registrars have been negotiating a new version of the RAA for the past 18 months following requests by Law Enforcement Agencies (LEA) such as Interpol for greater consumer protection. With both ICANN and registrars working hard, by early this year agreement had been reached on 11.5 of the 12 LEA "asks". A deal looked close. more

ICANN Gives Jordan Preliminary Approval for Its ccTLD in Arabic

ICANN has given Jordan preliminary approval for its IDN (Internationalized Domain Name) ccTLD. "At this time ICANN has received a total of 21 requests for IDN ccTLD(s) through the String Evaluation process, representing 11 languages. A total of 13 requests have successfully passed through the String Evaluation and are hence ready for the requesting country or territory to initiate the application for String Delegation." more

Registrant Freedom Day

After almost four years, ICANN has announced that they have adopted a new domain name transfer policy that make it much easier for domain name registrants to do business with the ICANN accredited Registrar of their choosing. Highlights from this new policy include; streamlined definition of responsibilities as it relates to the management of the domain name. Under the new policy, only the Administrative Contact or Registrant can authorize a domain name transfer to a new service provider... more