My weekly technology law column focuses this week on the new CIRA whois policy that is scheduled to take effect on June 10, 2008. The whois issue has attracted little public attention, yet it has been the subject of heated debate within the domain name community for many years. It revolves around the whois database, a publicly accessible, searchable list of domain name registrant information (as in "who is" the registrant of a particular domain name). more
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
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
After blogging about ICANN's new gTLD policy or lack thereof [also featured on CircleID], I've had several people ask me why I care so much about ICANN and new top-level domains. Domain names barely matter in a world of search and hyperlinks, I'm told, and new domains would amount to little more than a cash transfer to new registries from those trying to protect their names and brands. While I agree that type-in site-location is less and less relevant, and we haven't yet seen much end-user focused innovation in the use of domain names, I'm not ready to throw in the towel. I think ICANN is still in a position to do affirmative harm to Internet innovation. more
ICM Registry applauds the decision yesterday of Judge Lowell Reed of the United States District Court for the Eastern District of Pennsylvania in ACLU v. Gonzales to permanently enjoin enforcement of the Child Online Protection Act ("COPA"). Praising Judge Reed's meticulously documented opinion, ICM Registry President Stuart Lawley said, "This continues the unbroken chain of court decisions in the U.S. upholding free expression on the Internet, and it underscores the superiority of voluntary measures that empower users to select content compared with government regulations." Lawley concluded, "Now, more than ever, it underscores the need for ICANN to approve the proposal for a voluntary .xxx domain as another alternative to government regulation." more
You'd be surprised how many people are asking that question at the moment, but you won't be surprised to know that the only thing they agree on is that they either don't know, or that they disagree with the people that believe they do. I am not going to attempt to provide my own answer, but I will point to a paper just released by the Parliamentary Office of Science and Technology (POST). POST, among other things, produces regular, concise briefings for the UK Parliament on whatever are the important topics of the time. And they have now done one on Internet Governance. more
What economic and social factors are shaping our future needs and expectations for communications systems? This question was the theme of a joint National Science Foundation (NSF) and Organisation for Economic Co Operation and Development (OECD) workshop, held on the 31st January of this year. The approach taken for this workshop was to assemble a group of technologists, economists, industry, regulatory and political actors and ask each of them to consider a small set of specific questions related to a future Internet. Thankfully, this exercise was not just another search for the next "Killer App", nor a design exercise for IP version 7. It was a valuable opportunity to pause and reflect on some of the sins of omission in today's Internet and ask why, and reflect on some of the unintended consequences of the Internet and ask if they were truly unavoidable consequences... more
In the last few years there have been many discussions on how the Internet is governed, and how it should be governed. The whole World Summit on the Information Society (WSIS) ended talking about this problem. It caused exchange of letters between the US Secretary of State and the European Union presidency. And it caused a public discussion, organized by the US Department of Commerce on that issue. I saw some reflection of this discussion and here are some comments on that. My colleague Milton Mueller of the Syracuse University sent me an e-mail today in which, among other, it says, "A global email campaign by IGP generated comments from 32 countries... more
The ITU-T has proposed a new system of country-based IP address allocations which aims to satisfy a natural demand for self-determination by countries; however, the proposal also stands to realign the Internet's frontiers onto national boundaries, with consequences which are explored here. ...we do indeed see the Internet as a single entity, and we even speak of the Internet's architecture as if there was one designer who laid out a plan and supervised its construction. But despite all appearances, the Internet landscape is indeed made up of many separate networks... This article will explore these issues, particularly in light of recent proposals to introduce new mechanisms for IP address management, a prospect which could, over time, substantially alter both the geography of the Internet, and its essential characteristics as a single cohesive network. more
Former CIA Director George Tenet recently gave a speech highlighting the need for federal action on internet management in order to protect national security. As reported by the online edition of Government Executive, Mr. Tenet explained that, "greater government regulation of the Internet and telecommunications networks is needed in order to guard against terrorist attacks." more
Secretary-General Kofi Annan announced today the members of the United Nations Working Group on Internet Governance, which is to prepare the ground for a decision on this contentious issue by the second phase of the World Summit on the Information Society in 2005. The establishment of the Working Group was requested by the first phase of the Summit, held in Geneva last December. At that time, countries agreed to continue the dialogue on the management of the Internet, at both the technical and policy levels. more
The long awaited Service Concession Contract to operate the .eu registry was signed yesterday (Oct. 12). Now the European Commission will formally notify ICANN of the selected registry operator allowing official negotiations to commence between EURid and ICANN to have .eu put in the root. According to the press release, registrations could begin in six to nine months... more
I've been trying to avoid writing about the Internet as such. With as "At the Edge" I'm looking at larger issues but can't escape writing more directly about the Internet. It seems as if everyone wants a say in Internet policy without distinguishing between technical and social issues. Today the term "The Internet" or, for many simply "Internet" is more of brand than a term for a specific technology and its implications. It has become too easy to talk about the Internet in lieu of understanding. We also see the converse -- a failure to recognize "Internet" issues. more
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. more
Anybody not involved in the telephone business will probably be surprised to find that the old TDM telephone networks are still very much alive and in place. The old technologies were supposed to be phased out and replaced by digital technologies. The FCC started talking about this before 2010. In 2013, Tom Wheeler, the FCC Chairman at the time, announced an effort to force the needed changes, which was dubbed the IP Transition. more
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