ICANN

Objections to .XXX, Attention in High Places

Dot XXX is in for some interesting times, I fear. First the ICANN GAC chair Sharil Tarmizi is suggesting that more time be given for government and public policy feedback on .XXX. Objections certainly have started to come in from rather high places, such as from the US Department of Commerce. Personally speaking I'm inclined to be in favor of .XXX because it at least gives people in the adult entertainment industry their own online space and a stronger voice (gTLD)... more

IGP Asks You to Weigh in on the USG’s .xxx Intervention

Responding to the .xxx intervention by the US Commerce Department, the Internet Governance Project has produced a "STATEMENT OPPOSING POLITICAL INTERVENTION IN THE INTERNET'S CORE TECHNICAL ADMINISTRATIVE FUNCTIONS." You can view the statement here and add your name as a signatory at the bottom. Over 60 people have endorsed it. The Statement claims that "The NTIA's recent intervention in the .xxx proceeding undermines assurances" that the U.S. government's special unilateral authority over ICANN "would never be used to shape policy but was only a means of protecting the stability of the organization and its processes." The NTIA's open acknowledgment of the influence of religious groups made the intervention particularly dangerous. more

Criticism of Trademark Owner Deemed Legitimate Interest under ICANN UDRP

BioCryst Pharmaceuticals, Inc., of Birmingham, Alabama, challenged registration of domain name www.biocrystpharmaceuticals.com. Respondent used domain name to criticize the Complainant's business (BioCryst Pharmaceuticals, Inc. v. Kumar Patel, Case No. D2005-0674). Panelist Daniel Gervais denied relief, stating... more

Regime Change on the Internet: Conference Notes

"Regime Change on the Internet? Internet Governance after WGIG" was the first public event held in the United States on July 28, 2005 to review the UN Working Group on Internet Governance (WGIG) report. Here are my notes from the event: "Markus Kummer, Executive Coordinator, UN Working Group on Internet Governance, reminded the audience that the mandate of the WGIG was specifically articulated by the first part of the WSIS - "To investigate and make proposals for action as appropriate". It was not for sweeping regime change as the conference title would suggest." more

Signposts in Cyberspace: An NRC Report on the DNS and Internet Navigation

In light of the recent decision by the United States government to "maintain its historic role in authorizing changes or modifications to the authoritative root zone file" and ICANN's recent decisions to add more gTLDs (including .xxx), and to renew VeriSign as the .net registry, readers may be interested in the just-published report of the National Research Council's Computer Science and Telecommunications Board, Signposts in Cyberspace: The Domain Name System and Internet Navigation. ...a comprehensive policy-oriented examination of the Domain Name System in the broader context of Internet navigation. more

About Those Root Servers

There is an interesting note on the ITU Strategy and Policy Unit Newslog about Root Servers, Anycast, DNSSEC, WGIG and WSIS about a presentation to ICANN's GAC. (The GAC website appears to be offline or inaccessible today.) The interesting sentence is this: Lack of formal relationship with root server operators is a public policy issue relevant to Internet governance. It is stated that this is "wrong" and "not a way to solve the issues about who edits the [root] zone file." Let's look at that lack of a formal relationship... more

Orange Bowl ICANN UDRP Case Explores Fair Use

The resale of genuine products presents particular difficulties in domain name disputes, testing the application of fair use doctrine. Several domain name disputes involving the resale of event tickets illustrate the point. I served as a panelist in one such case The Orange Bowl Committee, Inc. v. Front and Center Tickets, Inc., D2004-0947 (WIPO 2005). The decision, which issued with a dissent, explored fair use in the domain name context and addressed several related ticket resale disputes. more

Address Policies

When does an experiment in networking technology become a public utility? Does it happen on a single date, or is it a more gradual process of incremental change? And at what point do you change that way in which resources are managed to admit a broader of public interests? And how are such interests to be expressed in the context of the network itself, in terms of the players, their motivation and the level of common interest in one network? While many may be of the view that this has already happened some years ago in the case of the Internet, when you take a global perspective many parts of the globe are only coming to appreciate the significant role of the Internet in the broader context of enablers of national wealth. more

When Will The Internet Be Divided Among Nations?

The desired goal of most of the other countries other than US is to end up with their own local language suffixes, own local language domain names, basically their own Internet, with its own domain registration policies -- in a nutshell, a very big and a very complex global mess, indeed. This fight over ICANN, the Internet Corporation for Assigned Names and Numbers, is all about a golden key, as without it, the Internet is completely useless. ...It's also ICANN, the organization that from the start has made some very stringent and often very weird policies about such issues as the golden keys. Now its global authority is being challenged, and such fights could divide the power of this controlling body, and any adverse outcome will simply split the Internet.  more

IGP on Future U.S. Role in Internet Governance

On June 30, 2005, the United States Department of Commerce National Telecommunications and Information Administrtation (NTIA) released the "US Statement of Principles on the Internet's Domain Name and Addressing System." The Internet Governance Project (IGP) has issued 7 points in response to the "Statement of Principles" showing the direction believed to be in the interests of the United States and the world. more

ICANN Needs a Good Root

It's not been the best of years for ICANN. Leaving aside for a few seconds the controversy about xxx, and the allegations of improper behavior about the .Net assignment, ICANN has had a lot to deal with. The troubles began with the UN Working Group on Internet Governance hell bent on fixing ICANN, even though ICANN says nothing is broke. That trouble remains and isn't likely to go away for some time. And then, just when it seemed that the UN and ITU was the cause of all ICANN's problems, the old ally, US Government's DOC, decided that it was going to be in charge of ICANN. ...This could be the beginnings of a distinct change where the centralized DNS as we know it gradually gives way to some next generation structure which is far more decentralized. The coming 12 months may see some significant changes in this area. more

The US Department of Commerce, the DNS Root, and ICANN

The recent announcement in eWeek titled "Feds Won't Let Go of Internet DNS" (slashdotted here) has some major internet policy implications. The short, careful wording appears to be more of a threat to ICANN than a power grab. In short, the US Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) announced that it was not going to stop overseeing ICANN's changes to the DNS root. ...Of course, they have done next to nothing to support DNSSEC or other proposal for securing the DNS, but it sounds reassuring. The last sentence shows that the Bush administration shares the Clinton administration's lack of understanding of how the internet should evolve... more

Innovation in DNS Business

One thing that amazed me about the ICANN community is the creativeness in finding new business models. I am not even talking about new technology like Internationalized Domain Names (IDN), the number of business models created from the vanilla DNS (actually just .com) are just mind boggling. ICANN was formed in 1999 and introduced the concept of registries and registrars model to the DNS business. With that, we witness the rise of register.com, an IPO darling in the dotcom days, in the early 2000s and subsequently overtaken by the ultra-cheap high-volume reseller model of GoDaddy. We also see new registries like .info and .biz and several others that didn't do so well. There are also after-market (aka ebay) for domain names like afternic and registry outsourcing, DNS hosting, Dynamic DNS etc. That's about what most outsiders know of DNS business models, mostly revolved around the registry-registrar-reseller model. But there are really more and I shall discuss two not-so-well-known but interesting models below. more

When the Defendant is a Domain Name: The Power of In Rem Proceedings Under the ACPA

A recent decision by a federal court in Virginia illustrates some interesting legal issues that arise from the global nature of the domain name system. It also highlights a powerful mechanism under the Anticybersquatting Consumer Protection Act ("ACPA") by which a plaintiff can proceed with a legal action to recover a domain name without regard to the court's personal jurisdiction over the registrant.  more

The Internets

I don't know how much deep thought was involved when George Bush called the Internet "the internets" but this reflects a real risk that we face today. If you look at the traffic of many large countries with non-English languages, you will find that the overwhelming majority of the traffic stays inside the country. In countries like China and Japan where there is sufficient content in the local language and most people can't or don't like to read English this is even more so. I would say that the average individual probably doesn't really notice the Internet outside of their country or really care about content not in their native language. more