A recent study by researchers at the Cooperative Association for Internet Data Analysis (CAIDA) at the San Diego Super Computer Center (SDSC) revealed that a staggering 98% of the global Internet queries to one of the main root servers, at the heart of the Internet, were unnecessary. This analysis was conducted on data collected October 4, 2002 from the 'F' root server located in Palo Alto, California.
The findings of the study were originally presented to the North American Network Operators' Group (NANOG) on October 2002 and later discussed with Richard A. Clarke, chairman of the President's Critical Infrastructure Protection Board and Special Advisor to the U.S. President for Cyber Space Security.
At the Fourth Annual Meeting of the ICANN Board in Amsterdam, the ICANN Board asked the DNSO Names Council (who have since become "the GNSO Council") to provide the Board with advice and input on the issues that surround the creation of new generic top-level domain names. Based on the Council's publicly documented conversations thus far, it is becoming clear that Council is moving in directions that do not seem to be consistent with the continued health of the namespace or development of a competitive market for registration and DNS services.
What happens if ICANN fails? Who will run the DNS then?
Of course to many, ICANN already has failed -- spectacularly so. Critics have long complained that ICANN not only lacks accountability and legitimacy, but also that it is inefficient (at best) and downright destructive (at worst). According to these critics, ICANN's many sins include threatening the stability of the Internet, limiting access by imposing an artificial domain name scarcity, and generally behaving like a petulant dictator.
"ICANN remains the frontier institution and the test case for global governance in the IT sector," writes Zoe Baird in an article in the November-December 2002 issue of "Foreign Affairs". Baird is the President of the Markle Foundation. Her article "Governing the Internet: Engaging Government, Business and Nonprofits" appears in "Foreign Affairs", a magazine usually devoted to the discussion of American foreign policy interests.
The opening line of the article is striking. "The rapid growth of the Internet," Baird writes, "has led to a worldwide crisis of governance." On the surface, a serious problem has been identified. There is the promise of a fruitful discussion to follow.
When it comes to stealing domain names, I suspect that there are two reasons why so many web bandits appear to be immune from ICANN (the Internet Corporation for Assigned Names and Numbers uses the acronym ICANN): the first reason I discussed in my last column on domain name theft (where I described a substantive void in domain name "regulation" as a primary factor for the increasing incidence of domain name theft), the second reason, which is the focus of this column, is the procedural anomaly that currently infuses ICANN's uniform dispute resolution process (UDRP) by providing no administrative forum for domain name registrants who become victims of domain name theft carried out by ICANN's registrars.
Suppose you wanted to know who operates a website at a given domain name. Perhaps you suspect that the domain name is pointing to a website that offers illegal content, or you may just want to send a comment to its authors. Conveniently, the Internet provides a so-called "WHOIS" system that ordinarily provides contact information for each registered domain. But in the case of many hundreds of thousands of domains, the WHOIS data just isn't accurate.
In the beginning there was silence; then, silence begat communication, and communication begat more communication and, ultimately, group communication formed and begat a primordial "network" of communication that gradually and inevitably increased in effectiveness and complexity: there were only signal fires at first but, then, there were cave drawings, carrier pigeons, shouting from hill-tops, smoke from fire, lines of cannon fire, the telegraph, Alexander Graham Bell, and, finally, the network of networks known as the Internet. But, is that it? Is there not something more impressive in its impact upon communication than the Internet? What more might one desire than the dynamic wonders of the Internet, you ask? Well, what about ENUM? "E-What!?"
When it comes to domain name disputes, no domain name has captured more media attention than sex.com. Of course, disputes about sex often obtain a great deal of attention, and the sex.com domain name dispute can grab its share of headlines because the case involves sex, theft, declared bankruptcy, a once-thriving Internet porn business, and fraud, instead of the typical cybersquatting allegations. Indeed, this case is remarkable for its potential impact on the development of caselaw concerning whether there is a valid basis to assume that trademark interests should overwhelm all non-commercial interests in the use of domain names. The answer is no, but the caselaw to support that answer is in tension with cases that strongly imply a contrary conclusion.