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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
ICANN has announced that it is seeking input and feedback on the topic of domain tasting. (See their announcement for full details) Interestingly enough Michael Gilmour published an article a couple of days ago covering the same topic - "Why domain tasting is great!", which will probably raise a few hackles! One point that in particular caught my eye... more
"First they ignore you, then they laugh at you, then they fight you, then you win!" quote by Gandhi pretty much summarizes the evolution of the domain name monetization and development business. I have watched this business come of age for more than half a decade... In the beginning nobody cared... then when people started talking about how great it was, 'smart people' and the "legitimate web" laughed. Then the trucks with money showed up... A significant double-digit percentage of global Internet traffic is now owned by domain holders with generic names. So the fight is on. more
Neustar is facing a potential loss of the Dot-US franchise as competitors bid against them. Why might this be of interest to .com registrants? ...The issue of antitrust with regards to the .com agreement has never really been properly settled, as a well-funded complainant hasn't brought forward a case to full fruition in the courts. ICANN sold out the public by agreeing to a settlement that would see its own coffers swell, at the expense of registrants, so they do not count. more
ICANN seems to be out to re-prove Hirschman's theories of exit, voice, and loyalty by driving all of its good people to exit rather than giving them meaningful voices. Thomas Roessler, a long-time advocate of individual users' interests on the interim ALAC now suggests it's Time to Reconsider the structure of ICANN's At-Large, as he feels compelled to promise himself not to get involved with ICANN again... more
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