I joined the ICANN board during the December 2004 ICANN meeting in Cape Town. I served for a three year term and stepped down at this last meeting in Los Angeles and didn't run for another term... Before joining ICANN, I thought that ICANN was the only part of the Internet that wasn't really working. I knew that there must be a better way to do what ICANN does, but I couldn't be bothered to figure it out. I'd agree with people who said things like, "it should just be distributed" or "it should just be first come first serve" or "we should just get rid of it." People from ICANN would say, "it's more complicated than that" or "at this point that would be impossible." After being part of the process for three years, I find myself saying those same things... more
Netchoice, a lobbying group for the e-commerce industry had a strange reaction on the failure of the GNSO working group on Whois to reach a consensus. After all, they say, "Privacy concerns with Whois that were identified years ago have already been addressed by in the marketplace"... more
I'm writing this column in November, and that means that it is time for the traveling circus known as the Internet Governance Forum (IGF) to come down to earth, unpack its tents and sell tickets for its annual song and dance routine. The script for this year's show has been changed, and after being excluded from the main arena last year at the Athens gig, the headline act of "Critical Internet Resources" is taking a starring role this year in Rio. Some folk are even saying that it is the single most contentious issue to be scheduled at this year's IGF show. So what are "Critical Internet Resources" anyway? If folks are going to spend all this time, energy and carbon emissions traveling to Rio to talk on this topic, then wouldn't it be helpful to understand what it means in the first place? There are probably a number of ways to answer this question, so in this heavily opinionated column I'd like to look at the range of possible answers to this question. more
For those who are Star Wars fans, the following scene from the prequel, Attack of the Clones, will be easy to recall: a young and misinformed Jedi, known as Obi-waan Kenobi, opines about how an army of clones had been able to snatch a victory from imminent defeat. Yoda, a Jedi Master and virtual fountain of wisdom, immediately gushes forth an important correction: "Victory? Victory you say? Master Obi-waan, not victory." Yoda explains that winning a battle is not a victory, if the win merely signals that the war has just begun. Yoda's apparent perception seems particularly apt for the precedent setting federal court opinion involving the sex.com domain name. Notwithstanding that individual domain name registrants may seek comfort in the victory obtained from the Ninth Circuit's opinion in Kremen v. Cohen, that decision merely signals a beginning -- not an end -- to the controversy over the proper legal framework for resolving domain name theft. more
As faithful CircleID readers will know, iREIT (Internet REIT, Inc.), a Texas domain name portfolio investment corporation, has been sued by Verizon and by Vulcan Golf for cybersquatting. It appears iREIT is taking steps to clean up its portfolio by deleting obvious typos of famous trademarks... more
ICANN's GNSO council had WHOIS on its agenda for today. The options on the table: (1) Accepting the outcome of years of policy development processes; (2) rejecting that outcome (again?), but calling for some kind of fact-gathering to feed into future policy work, in order to keep the space occupied; (3) acknowledging that there is broad dissent in the Internet community, and calling for a sunset on the WHOIS clauses in current agreements, as these clauses are not backed by community consensus any more. Not very surprisingly, motions (1) and (3) failed; (2) was accepted; all that after lengthy discussion, with lots of procedural bells and whistles. more
Doc's post and the impending comments deadline for the next iteration of ICANN's never-ending WHOIS saga finally pushed me to write up my thoughts on the latest iteration of ICANN debate. As Doc points out, much of the current debate is very inside baseball, tied up in acronyms atop bureaucratic layers. Small wonder then that ordinary domain name registrants and Internet users haven't commented much, while the fora are dominated by INTA members turning out responses to an "urgent request" to "let ICANN know that Whois is important to the brand owners I represent"... more
ICANN staff has published a draft report on dispute resolution procedures for IGO (inter-governmental organization) domain names. This proposal has deep flaws and should be rejected by the community, as it does not have the balance and protection of registrant rights present in the existing UDRP. Initially, the proposed policy would apply to new Top-Level Domains (TLDs), but via a Policy Development Process (PDP) it could be extended to existing TLDs. more
One issue that a large number of domainers agree on is that domain tasting under the current ICANN-approved policy is bad for the industry. For one thing, a healthy portion of the practice involves trademark use that not only is illegal but also destroys value. Of course, particular segments of the domain name ecosystem can suffer value destruction because of tasting that doesn't infringe trademarks. But most criticism is directed, and rightly so, at tasting that raises trademark issues. Litigation over the trademark issues has done little to stop the practice and destroys value for trademark holders and domainers alike... more
There is currently a discussion going on between Milton Mueller and Patrik Fältström over the deployment of DNSSEC on the root servers. I think the discussion exemplifies the difficult relation between those who develop standards and those who use them. On the one hand, Milton points out that the way the signing of the root zone will be done will have a great influence on the subjective trust people and nation states will have towards the system. On the other hand, Patrik states that "DNSSEC is just digital signatures on records in this database". Both are right, of course, but they do not speak the same language... more
Microsoft has filed 3 cybersquatting cases at the beginning of September 2007, as reported in an Inside Indiana Business article. I took the liberty of accessing the cases via the PACER system, and posted the major documents... It looks like they're stepping up efforts to defend their trademarks, and seeking big damages in court, rather than go the way of the UDRP. These cases demonstrate that new TLDs should not be a priority with ICANN until the problems in existing TLDs are addressed. more
At ICANN San Juan, I found out from Tina Dam, ICANN's IDN Program Director, that she was putting together a live IDN TLD test bed plan which includes translations of the string .test into eleven written languages (Arabic, Chinese-simplified, Chinese-traditional, Greek, Hindi, Japanese, Korean, Persian, Russian, Tamil and Yiddish) and ten scripts (Arabic, Cyrillic, Devanagari, Greek, Han, Hangul, Hebrew, Hiragana, Katakana, Tamil)... Two days ago, ICANN provided an update on this project... more
Last week I wrote a note the ICANN WHOIS privacy battle, and why nothing's likely to change any time soon. Like many of my articles, it is mirrored at CircleID, where some of the commenters missed the point. One person noted that info about car registrations, to which I roughly likened WHOIS, are usually available only to law enforcement, and that corporations can often be registered in the name of a proxy, so why can't WHOIS do the same thing? more
The report of the Whois Working Group was published today. The Working Group could not achieve agreement on how to reconcile privacy and data protection rights with the interests of intellectual property holders and law enforcement agencies. So the Working Group Chair redefined the meaning of "agreement." See the full story at the Internet Governance Project site. more
In one of the first (if not the first) UDRP cases for .cat, the auto giant BMW appears to have filed a WIPO case over the BMW.cat domain name. Other prospective new TLD operators have tried to suggest in ICANN meetings that these new TLDs do not cause problems with cybersquatting or defensive registrations... Obviously, given the above WIPO case, that statement is false. more
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