DNS

Respondent’s Long Use of JACUZZI in Australia Prevails in Domain Name Dispute

Jacuzzi, Inc., owner of rights in the mark JACUZZI, challenged the domain name jacuzzi.net.au in this first WIPO decision involving the .au domain. The Australian respondent had used the JACUZZI name for nearly 15 years. more

IGP Asks You to Weigh in on the USG’s .xxx Intervention

Responding to the .xxx intervention by the US Commerce Department, the Internet Governance Project has produced a "STATEMENT OPPOSING POLITICAL INTERVENTION IN THE INTERNET'S CORE TECHNICAL ADMINISTRATIVE FUNCTIONS." You can view the statement here and add your name as a signatory at the bottom. Over 60 people have endorsed it. The Statement claims that "The NTIA's recent intervention in the .xxx proceeding undermines assurances" that the U.S. government's special unilateral authority over ICANN "would never be used to shape policy but was only a means of protecting the stability of the organization and its processes." The NTIA's open acknowledgment of the influence of religious groups made the intervention particularly dangerous. more

Jerry Falwell Critic Can Keep Domain Name, Appeals Court Says

I want to call your attention to a very important Internet free speech decision, perhaps the most significant of our domain name cases from the past several years. In Lamparello v. Falwell, the United States Court of Appeals for the Fourth Circuit held today that the use of the domain name www.fallwell.com for a web site devoted to denouncing the views of Rev. Jerry Falwell about homosexuality neither infringes Falwell's trademark in his name nor constitutes "cybersquatting." more

Criticism of Trademark Owner Deemed Legitimate Interest under ICANN UDRP

BioCryst Pharmaceuticals, Inc., of Birmingham, Alabama, challenged registration of domain name www.biocrystpharmaceuticals.com. Respondent used domain name to criticize the Complainant's business (BioCryst Pharmaceuticals, Inc. v. Kumar Patel, Case No. D2005-0674). Panelist Daniel Gervais denied relief, stating... more

So You Think You’re Safe from DNS Cache Poisoning?

Everyone is probably well aware of the Kashpureff-style DNS cache- poisoning exploit (I'll call this "classic cache poisoning"). For reference, see the original US-CERT advisory prompted by this exploit. Vendors patched their code to appropriately scrub (validate) responses so that caches could not be poisoned. For the next 7-8 years, we didn't hear much about cache poisoning. However, there was still a vulnerability lurking in the code, directly related to cache poisoning. ...On April 7, 2005, the SANS ISC (not to be confused with Internet Systems Consortium) posted an update detailing how Microsoft Windows DNS servers were still being poisoned, even though the "Secure cache against pollution" option was set. The SANS ISC found that Windows DNS servers using BIND4 and BIND8 servers as forwarders were being poisoned. But how could this be? more

.XXX Puzzle Pieces Start to Come Together: And the Picture is Ugly

Americans who worried about governments somehow "running" the Internet through the United Nations failed to see the Trojan Horses that were rolled into ICANN's structure in 1998: the Governmental "Advisory" Committee and the special US Government powers over ICANN. The attempt by the US Commerce Department to "recall" the delegation of .xxx to ICM Registry due to pressure from deluded right-wing groups in the US who think that it will add to pornography on the Internet is a major inflection point in the history of ICANN, and could represent the beginning of the end of its private sector/civil society based model of governance. more

Objections to .XXX, Attention in High Places

Dot XXX is in for some interesting times, I fear. First the ICANN GAC chair Sharil Tarmizi is suggesting that more time be given for government and public policy feedback on .XXX. Objections certainly have started to come in from rather high places, such as from the US Department of Commerce. Personally speaking I'm inclined to be in favor of .XXX because it at least gives people in the adult entertainment industry their own online space and a stronger voice (gTLD)... more

Regime Change on the Internet: Conference Notes

"Regime Change on the Internet? Internet Governance after WGIG" was the first public event held in the United States on July 28, 2005 to review the UN Working Group on Internet Governance (WGIG) report. Here are my notes from the event: "Markus Kummer, Executive Coordinator, UN Working Group on Internet Governance, reminded the audience that the mandate of the WGIG was specifically articulated by the first part of the WSIS - "To investigate and make proposals for action as appropriate". It was not for sweeping regime change as the conference title would suggest." more

About Those Root Servers

There is an interesting note on the ITU Strategy and Policy Unit Newslog about Root Servers, Anycast, DNSSEC, WGIG and WSIS about a presentation to ICANN's GAC. (The GAC website appears to be offline or inaccessible today.) The interesting sentence is this: Lack of formal relationship with root server operators is a public policy issue relevant to Internet governance. It is stated that this is "wrong" and "not a way to solve the issues about who edits the [root] zone file." Let's look at that lack of a formal relationship... more

Orange Bowl ICANN UDRP Case Explores Fair Use

The resale of genuine products presents particular difficulties in domain name disputes, testing the application of fair use doctrine. Several domain name disputes involving the resale of event tickets illustrate the point. I served as a panelist in one such case The Orange Bowl Committee, Inc. v. Front and Center Tickets, Inc., D2004-0947 (WIPO 2005). The decision, which issued with a dissent, explored fair use in the domain name context and addressed several related ticket resale disputes. more