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Unforeseen Legal Consequences of Implementing Internationalized Top-Level Domains

ICANN is currently analyzing technical and policy implications regarding the introduction of Internationalized Top-Level Domains into the root. This is an important step in the continued evolution of the Internet by enabling language communities of the world that write non-Latin and extended Latin scripts to utilize their languages on the Internet... While the IDNC Working Group (IDNC) has made constructive progress on proposing a framework for the introduction of an initial set of IDN TLDs, the approach taken by the IDNC from a legal perspective is fundamentally flawed. more

Launch of .PARIS

Yesterday, hundreds of sweaty ICANN attendees put on their best clothes and braved the crush of the rush hour metro on a very hot day to crush together for the ICANN gala at the overwrought Hotel de Ville (city hall) in Paris. Most of them missed an interesting announcement. I arrived an hour late, but even so food and drink were not yet served (not even water), and everyone was in desperate need of provisioning. The dull roar of heat-induced complaining drowned out the dignitaries making speeches at the far end of the hall. more

Potential Danger Ahead for Registrants: dot-info Abusive Domain Use Policy

ICANN has posted a request by Afilias for a new registry service in relation to "abusive" domains in dot-info. While in general the proposal is motivated by good intentions, the devil is in the details. While most folks (including myself) probably care very little about the .info TLD, my concern is that any bad implementation in .info might be copied or used as a precedent in other more important TLDs, in particular .com run by VeriSign. more

It’s Time to End Domain Name Front Running

Next week the Internet Corporation for Assigned Names and Numbers (ICANN) Board of Directors will consider adopting a 20 cent per-transaction fee that will effectively end the abusive speculating practices of domain tasting, front running and kiting. The fee will only apply when domain names are deleted excessively, a signal that they are being "tasted" by speculators. We, at Network Solutions, strongly encourage ICANN to enact this important provision as part of its budget and we have released a statement to that effect today... more

Proposal for .sport, a New Top-Level Domain

OK. Now my lawyer has given me the green light, I can officially announce I am working on a proposal for a .sport TLD, to be submitted to ICANN for consideration as a new TLD next year. There is still a long way to go in terms of getting the proposal ready, but I this this one is a winner... more

Censorship: A Threat to the Stability and Security of the DNS?

Censorship practices by governments and other private actors are becoming more increasingly more sophisticated, and their effects are increasingly being felt globally. A case in point, the YouTube incident in Pakistan was a recent example affecting both users and the DNS at a national and global level. Likely other incidents will occur in the near future. As such, I believe censorship should be considered as a threat to the stability and security of the DNS. In the context of Internet governance discussions, I believe the issue should be raised both at ICANN and the Internet Governance forum. Do others agree? more

European Commission Pushes IPv6 Forward

The European Commission has released a communication on IPv6, in time for the IPv6 Day in Brussels next 30th May. It goes in the same direction as the report presented at the OECD Ministerial meeting on "Future of the Internet Economy", that was held in Seoul, Korea earlier this month. At the same time, the Commission committed to make its own web services available on IPv6 by 2010. It is good to see that intergovermental organizations take the lead on this, after 10 years of failure of the private sector to actually deploy IPv6... more

Uprooting of the DNS Root

The folks at Renesys pointed out earlier this week some interesting activity surrounding the L-root name server, highlighting some activity that should give us all yet another reason to be concerned about the security and integrity of the Internet DNS... considering that a great deal of malware today tends to corrupt the DNS resolution path in order to further exploit compromised end-systems, and that corruption, or any other actual end-system compromise, might well be unnecessary if the root were compromised -- well, think of the possibilities! more

A Patent for SiteFinder-Like Resolution

I saw an interesting news item that broke Monday courtesy of DomainNameNews and SlashDot that hasn't been broadly covered yet. I'm surprised no one has posted on this yet on CircleID, so here goes. Apparently VeriSign has been awarded a patent for the resolution of mis-typed domain names. This was at the heart of the controversy back in 2003 around their SiteFinder Service. Amidst a storm of criticism ICANN insisted VeriSign shut down the service, and the company eventually agreed. more

ICANN GNSO Votes to Kill Domain Tasting

The ICANN Generic Names Supporting Organization has had tasting on its agenda since last fall, with a staff report issued in January, and a proposed anti-tasting policy written in March. On Thursday the 17th, the GNSO put the proposed policy to a vote, and it passed overwhelmingly. Under ICANN rules, the ICANN board has to take up the resolution at its next meeting, and since it was approved by a supermajority, it becomes ICANN policy unless 2/3 of the board votes against it, which in this case is unlikely. more

Domain Name Price Jump: Moore’s Law or Parkinson’s Laws?

As expected, VeriSign raised the price of domain names, effective in October. New prices wholesale prices (to the registrar) for .com domain names are going from $6.42 to $6.86, while .net will increase from $3.85 to $4.23. This news came a few days ago in a letter to registrars. (Hint to consumers: renew your domains now.) ...So, basically, many if not most of VeriSign's registry costs have been falling at an exponential rate. Hard disk storage, computing performance, bandwidth, RAM storage... yet the cost is going up. How is this justified? more

Current Difficulties With Displaying Internationalized Top-Level Domains

Earlier this week, we inserted eleven new top-level domains in the DNS root zone. These represent the term "test" translated into ten languages, in ten different scripts (Chinese is represented in two different scripts, and Arabic script is used by two different languages). This blog post is not about that. (If you're interested about it, read our report on the delegations.) What I would like to talk about is some of the difficulties we face today in expressing scripts in a consistent way over the Internet... more

ICA Posts Position Paper and Analysis of Snowe “Anti-Phishing” Legislation

The Internet Commerce Association (ICA) has posted a position paper and analysis of S. 2661, introduced on 2/25/08 in the US Senate. While we are firmly opposed to phishing and other criminal activities that may utilize domain names we are very concerned about the provisions of the proposal that appear to provide trademark owners with a means to avoid both UDRP and ACPA actions and alternatively bring private claims against domain names with a lower burden of proof and the potential for far higher monetary damages, without even requiring an allegation that the DN was in any way being utilized in a phishing scheme... more

More on the Front Running Class Action Suit

Several people pointed out that although the suit still hasn't appeared in PACER, copies of the complaint are available online, including this one [PDF] at Lextext. Having read it, I'm rather underwhelmed... I do not purport to be a lawyer (nor do I usually play one on the net), but it's hard to see how the facts, which are not in serious dispute, would support any of these charges. more

UDRP: The Liabilities for the Corporations and/or their Lawyers

This post is based on the scenario that a trademark.tld domain name is registered with a UK ICANN accredited registrar, (they have an exclusive UK jurisdiction clause in their contracts), the trademark.tld criticism website located at that domain name is strictly non-commercial, the servers are located in the UK, and the registrant is a British citizen. In the above circumstances, the corporations and/or their lawyers are taking a big risk when they use the Domain Name Dispute Resolution Policies (UDRP) in order to silence criticism at trademark.tld. more