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? 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
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
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
On June 30, 2005, the United States Department of Commerce National Telecommunications and Information Administrtation (NTIA) released the "US Statement of Principles on the Internet's Domain Name and Addressing System." The Internet Governance Project (IGP) has issued 7 points in response to the "Statement of Principles" showing the direction believed to be in the interests of the United States and the world. more
A recent decision by a federal court in Virginia illustrates some interesting legal issues that arise from the global nature of the domain name system. It also highlights a powerful mechanism under the Anticybersquatting Consumer Protection Act ("ACPA") by which a plaintiff can proceed with a legal action to recover a domain name without regard to the court's personal jurisdiction over the registrant. more
The desired goal of most of the other countries other than US is to end up with their own local language suffixes, own local language domain names, basically their own Internet, with its own domain registration policies -- in a nutshell, a very big and a very complex global mess, indeed. This fight over ICANN, the Internet Corporation for Assigned Names and Numbers, is all about a golden key, as without it, the Internet is completely useless. ...It's also ICANN, the organization that from the start has made some very stringent and often very weird policies about such issues as the golden keys. Now its global authority is being challenged, and such fights could divide the power of this controlling body, and any adverse outcome will simply split the Internet. more
It's not been the best of years for ICANN. Leaving aside for a few seconds the controversy about xxx, and the allegations of improper behavior about the .Net assignment, ICANN has had a lot to deal with. The troubles began with the UN Working Group on Internet Governance hell bent on fixing ICANN, even though ICANN says nothing is broke. That trouble remains and isn't likely to go away for some time. And then, just when it seemed that the UN and ITU was the cause of all ICANN's problems, the old ally, US Government's DOC, decided that it was going to be in charge of ICANN. ...This could be the beginnings of a distinct change where the centralized DNS as we know it gradually gives way to some next generation structure which is far more decentralized. The coming 12 months may see some significant changes in this area. more
The Working Group of Internet Governance has released its final report [PDF]. As I wrote this week in my Law Bytes column, the report comes on the heels of the U.S. statement that it has no intention of surrendering control of root zone file. The WGIG report developed a working definition of Internet governance that states: "Internet governance is the development and application by Governments, the private sector and civil society, in their respective roles, of shared principles, norms, rules, decision-making procedures, and programmes that shape the evolution and use of the Internet."... more
The ICANN Meetings are in full flow here in sunny Luxembourg. The venue is immense and located a cab, bus, or shuttle ride from the various hotels. So far, the big topics are the .Net finalization (focusing on the readjustment of the pricing verbiage), the USDOC root announcement, the shell registrar accreditations used in the batch pool for the purposes of getting dropped names, and the practice of registrars exploiting the 5 day add grace period to register in excess of 50000 names to watch how much web traffic they have, and returning the ones that do not at no cost... more
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