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It has taken almost three years -- by some counts, more than 6 years -- but ICANN's domain name policy making organization has finally taken a stand on Whois and privacy. And the results were a decisive defeat for the copyright and trademark interests and the US government, and a stunning victory for advocates of the rights of individual domain name registrants... more
In the last few years there have been many discussions on how the Internet is governed, and how it should be governed. The whole World Summit on the Information Society (WSIS) ended talking about this problem. It caused exchange of letters between the US Secretary of State and the European Union presidency. And it caused a public discussion, organized by the US Department of Commerce on that issue. I saw some reflection of this discussion and here are some comments on that. My colleague Milton Mueller of the Syracuse University sent me an e-mail today in which, among other, it says, "A global email campaign by IGP generated comments from 32 countries... more
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
Becky Burr (former NTIA official) and lobbyist Marilyn Cade has made a proposal to create a multilateral working group to oversee the root zone file updates. I would characterize the Burr-Cade proposal as a "small step for mankind and a giant step for the US" to paraphrase Neil Armstrong. The main merit of the proposal is that it looks like something the USG might want to follow. Sevaral people suggested there should be no governmental oversight at all but that does not look realistic, in the sense that there can be huge economic and political interests behind ICANN decisions. more
If a UDRP panelist believes domainers are the same thing as cybersquatters, is he fit to arbitrate? I came across an editorial on CNET today by Doug Isenberg, an attorney in Atlanta and founder of GigaLaw.com, and a domain name panelist for the World Intellectual Property Organization. The guest editorial focuses on Whois privacy and why it's imperative to maintain open access to registrant data for intellectual property and legal purposes. That's a common opinion I've read a million times. Nothing groundbreaking there. But then I was shocked to read that Isenberg generalizes domainers as cybersquatters: "Today, cybersquatters have rebranded themselves as 'domainers.' Popular blogs and news sites track their activities..." more
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
The number of applications this year for the seven positions within ICANN has been so low that the NomCom has gone to the trouble of printing up pamphlets, holding a public meeting at Marrakech and extending the deadline by a fortnight. At the two public Board sessions in Marrakech the grand hall that was provided was virtually empty, sparking some debate as to why. Susan Crawford ventured that it was because ICANN was failing to connect with people; Vint Cerf suggested that ICANN was so successful at doing its job that people didn't feel the need to attend. Mouhamet Diop pointed out that we were in a French-speaking Arabic country and no one was going to sit through four hours of discussion if they didn't understand a word of it... more
So Domain Tasting, where registrants (who may also be registrars) taste names and keep only those that have economic value, is now the target of a federal cybersquatting lawsuit, brought about by lawyers for major brand name retailers Neiman Marcus and Bergdorf Goodman against major domain name registrar Dotster. This Dotster lawsuit involves allegations of cybersquatting by registrars who use the Create Grace Period, which is mandated by ICANN for global registries... more
The Internet Governance Project is is urging Internet users everywhere, but especially those outside the United States, to respond to the NTIA Notice of Inquiry with the following statement: "The Internet's value is created by the participation and cooperation of people all over the world. The Internet is global, not national. Therefore no single Government should have a pre-eminent role in Internet governance. As the US reviews its contract with ICANN, it should work cooperatively with all stakeholders to complete the transition to a Domain Name System independent of US governmental control." 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
I am often asked how to get a ccTLD by folks just coming in to the domain industry. There is RFC1591 as a start for reading material on the subject matter, and then there is ICP-1. I defer them to IANA, who defers to ICANN, who in turn defers to ISO and the ISO3166-1 list being the definitive list, and then you have to factor in some of the "reserved code elements" from their decoding table to normalize 3166 against the list of IANA Country Codes for ccTLD delegations like .EU. How does one get their ccTLD into the ISO list? The ISO in turn (likely due to the masses that contact them hoping to list their country) defer the criteria for what it is to be a 'country' for being on the 3166-1 list, and partially defer to the United Nations. more
By now, you should have read elsewhere that the ICANN board has rejected the ICM application to create a .XXX TLD. It still comes as a surprise to some. Frankly, this was the prognosis I made to Stuart Lawley two years ago, for the very reasons mentioned by the European Commission. I mentioned in a previous blog entry that 6000 complaints from US citizens would have more weight on the conservative US administration than any other consideration... more
One of the best sources of information about sites on the web is the Whois database. A trio of patent applications from Go Daddy, published last week at the US Patent and Trademark Office, explores whether adding additional information to the Whois database might help reduce spam, phishing, and other fraudulent practices and improve search engine results. The patent filings from Go Daddy would add reputation information to the published Whois data to let others use it for a number of reasons, including enabling search engines incorporate it into their ranking mechanisms. ...The patent application from Google focuses upon fighting web spam using a wide range of data, including that associated with domain names. ...We can't really be certain that Google is presently using this information, but there are some indications that they may be... more
Message to ICANN: Let those who want to create a TLD, simply register it with ICANN. If the TLD is not already taken, if they have the technical capability to mange the TLD, and they have the desire to market domain names on that TLD, then let them do so. ...Do you present a businesss plan to the city you live in before they allow you a business license? Does the city ask you to prove you are financially stable before issuing you a business license? If you apply for a business license to open a clothing store, does the city ask how you will run your clothing store or if you have the necessary expertise to run a clothing store? Does the city think you will hurt them economically if your clothing store goes out of business? No, it's none of their business... more
Is contextual advertising helping or hurting the web? It basically started with Google Adsense even though the concept wasn't new. It had never been done on the scale that Google did it. Now we have Yahoo Publisher. MSN is building their version. We have Konterra and a whole lot of other companies scrambling to cash in on the contextual ad craze. Initially contextual advertising seems like a good idea. Ads based on the content of your website that might benefit your readers or visitors. Ads that are related to the content you produce that will also help you make a little money for your efforts. However greed ruins all good things. Now there are probably millions of webpages online that are built for the sole purpose of cashing in on contextual advertising. ...To make money with contextual advertising you want your content to be bad. Yes, you want it to be bad. more
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