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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. more
In the first part of our interview with Michael Froomkin, a Professor of Law at the University of Miami School of Law and one of the founding members of ICANNWatch, several issues were discussed regarding his recent article in the Harvard Law Review called, "[email protected]: Toward a Critical Theory of Cyberspace".
Michael Froomkin, who has underlined several striking lessons to be learned from IETF/ICANN contrast, continues with us in the second part of this interview, addressing even deeper matters such as ICANN's institutional design. more
Michael Froomkin, a Professor of Law at the University of Miami School of Law and one of the founding members of ICANNWatch has recently written an article for the Harvard Law Review called, "[email protected]: Toward a Critical Theory of Cyberspace". One of the areas covered in this article is a comparison made between the ICANN model and that of the Internet Engineering Task Force (IETF).
Michael Froomkin has underlined several lessons that can be learned from this contrast, including a suggestion "that claiming kinship with the IETF model is a way of claiming legitimacy, but that not every one who makes this claim is entitled to do so".
What follows is a two-part interview with Michael Froomkin and a closer look at his recent article in the Harvard Law Review. more
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. more
In a recent interviewed with Roger Collins, president of ProProject and the new owner of Afternic.com, CircleID investigates the logics behind ProProject's strong belief in the domain name secondary market. Once known as a primary domain name auction site, Register.com had purchased Afteric.com in the September of 2000 for $48 million in cash and stock -- 2 years later the site was shut down as money-losing unit until ProProject came along. more
In the last article we examined the language in Stuart Lynn's A Plan for Action Regarding New gTLDs, and I addressed concerns about specific language in that document. In this article, I will examine several questions of importance that need to be addressed when discussing new gTLD policy; questions that Mr. Lynn leaves unanswered in his proposal... more
Last month ICANN began soliciting comments on Stuart Lynn's A Plan for Action Regarding New gTLDs, which will be one of the Internet governance organization's primary discussion topics at its December meeting in Amsterdam. more
The Whois Task Force of the Domain Name Supporting Organization (DNSO) has been consulting with registrars over the past few months on the Whois accuracy issue for law enforcement. The Task Force has enumerated three primary areas of interest: accuracy, uniformity, and better searching capabilities. When the registrars met with the Task Force in Shanghai, a fourth area of interest was also brought forward and advocated by many of the registrars at the meeting as paramount to the other three areas. This fourth area of interest was privacy. more
On October 28, as ICANN met in Shanghai, China for its regular board meeting, ICANN at Large held a lengthy meeting to address user concerns, particularly the disenfranchisement of the At-Large by ICANN, and the At-Large's self-organizing in response. The meeting was chaired by YJ Park, one of our Executive Panel Members, and was well attended. Attendees included ... more
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!?" more
Last month, I wrote to describe the state of registration restrictions in .BIZ, .US, and .NAME. I noted trends among nonconforming registrations in these TLDs, and I suggested that certain automated enforcement systems might serve to improve compliance. But an important larger question remained unanswered: Why care about registration restrictions in the first place? Much as registries might like to ignore the restrictions, I submit that the Internet community nonetheless ought to hold them to their contracts.
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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. more
The past year has brought a rise in so-called "open and chartered" top-level domains (TLDs). Like the traditional open TLDs of .COM, .NET, and .ORG, these namespaces encourage large-scale registrations, but they differ in that they limit who can legitimately register domains. So far, many thousands of their registrations seem to break the stated rules. It's therefore worth thinking through their respective enforcement efforts -- before the situation gets out of control. more
The new domains are coming! ?Dot-biz is going to be the next coming of dot-com?, I recently read in an article in the Denver Post. The buzz has begun. Seven new top-level domains have been approved by ICANN, the organization that governs domains, and could be available as early as spring of this year. The new domains approved are .biz, .info, .aero, .coop, .musuem, .pro, and .name. more
The National Academy of Science (NAS) has been brought into the controversy over the future development of the Internet and its domain name system, a controversy recently fueled by the creation of ICANN. The US Congress under Public Law 105-305 mandated that the NAS undertake a study of the domain name system, which is to include options for its development, and the potential impact of the various alternatives. The $800,000 expenses for the study are to be funded by the National Science Foundation and the US Department of Commerce. more
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