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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
Today, I share a warning about serious changes to the Community Priority Evaluation (CPE) of the New gTLD Applicant Guidebook. They are not driven by public comment, but by a few voices within the SubPro Implementation Review Team - and they are very likely to lead to disastrous misappropriation of well-known community names, including those of Tribes, Indigenous Peoples and NGOs around the world. more
In Ripley Scott's classic 1982 science fiction film Blade Runner, replicant Roy Batty (portrayed by Rutger Hauer) delivers this soliloquy... "I've...seen things you people wouldn't believe... Attack ships on fire off the shoulder of Orion. I watched C-beams glitter in the dark near the Tannhäuser Gate. All those... moments... will be lost in time, like (cough) tears... in... rain. Time... to die." more
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
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
The World Intellectual Property Organization (WIPO) asserted on Monday that new gTLDs from ICANN would unleash a global crime wave. This dire warning was bolstered by an astonishing statistic: a whopping eight per cent (8%) increase in UDRP complaints from 2007 to 2008! But WIPO's press release tells only a very little of the truth. Astonishingly, the UDRP system actually works pretty well... more
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
The recent ICANN meeting in Vancouver touched upon many issues important to ordinary Internet users: privacy in domain name registration; the cost and terms of .com domain names; internationalized domains; introduction of new domain suffixes. But there were few "ordinary Internet users" at the meeting. Few people can roam the globe to keep up with ICANN's travels, and not many more participate in online forums. more
The great promise of the new gTLD programme is not that it will spawn dozens of .COM clones, but rather that it will lead to the creation of a global constellation of unique names embraced by specific interest groups. As an ICANN community, our challenge now is to ensure that the policy framework we've created to manage new gTLDs advances that vision by not penalising the very sorts of domains that the programme was designed to encourage. more
In a recent decision, a World Intellectual Property Organization (WIPO) domain name arbitration panel dismissed a complaint filed by the Mexican Tourist Board (MTB) against Latin America Telecom (LAT) concerning the domain name "mexico.com." The panel went so far as to find that the complaint was brought in "bad faith" and made a finding of attempted "Reverse Domain Name Hijacking" against the MTB. ...In its complaint, the MTB argued that LAT had registered the domain name in "bad faith" in order to sell it for a profit at a later date. more
There was one obvious take-away from this week's ICANN meetings in Toronto, and for once it was less about policy and more about geography. Simply put, Africa is really - finally - coming together at ICANN, with a new energy, new unity and lots of new participation from African participants. And from top to bottom, the ICANN community seems to be taking notice. more
How prevalent is cybersquatting and typosquatting? Take a look at www.wipo.com, and then compare it with the World Intellectual Property Organization's web site www.wipo.org. Ironically, the WIPO Arbitration and Mediation Center handles a majority of the UDRP domain dispute arbitrations internationally. The very organization which is invested with the authority by ICANN to resolve cybersquatting and typosquatting disputes internationally under the UDRP is, by all appearances, being squatted. Here are two apparent typosquatters... more
The ICANN Board will vote today on a new registry service put forward by PIR for .org which is its attempt to solve the domain tasting issue. It takes the form of an amendment [pdf] to the .org contract and enables PIR to charge five cents per domain "when the number of such deleted registrations is in excess of 90 per cent of the total number of initial registrations"... more
In this two-part series article, Andrew McLaughlin takes a critical look at the recently reported study, Public Participation in ICANN, by John Palfrey, Clifford Chen, Sam Hwang, and Noah Eisenkraft at the Berkman Center for Internet & Society at Harvard Law School..."The study's presentation and analysis of data contain much of interest, and much that could assist ICANN (and other policy-making bodies) in improving its use and management of online public forums. But the study's value is diminished by two rather fundamental shortcomings: (1) its misapprehension of both the theory and the practice of ICANN's policy-development process, and (2) the sizeable gap between the broad scope of the study's conclusions and the very narrow -- indeed, myopic -- focus of the analysis from which they are derived. Simply put, the study scrutinizes a small and misleading corner of ICANN (namely, its online public comment forums) and leaps to a sweeping (and, in my view, unwarranted) conclusion." more
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
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