UDRPlaw - The Uniform Domain Name Dispute Resolution Policy Legal Information Site

Friday, July 29, 2005

Syracuse University Hosts Internet Governance Forum

Syracuse's Internet Governance Project is holding a symposium today on, you guessed it, governance of the Internet. The event is titled "Regime Change on the Internet? Internet Governance after WGIG," and is the first public forum in the United States to review the U.N. Working Group's report. Read more about this symposium from the Syracuse press release here.

IGP Statement on The Future US Role in Internet Governance (pdf)

US Under Pressure Over ICANN (LightReading.com) - July 29

Larry King Wins UDRP Complaint

In a decision released by WIPO today, CNN talk show host Larry King received a favorable decision in his case against the registrant of the domain name LarryKing.com. Panelist Madeleine De Cock Buning granted transfer of the domain name to King from well-known celebrity domain name registrant Alberta Hot Rods.

Larry King v. Alberta Hot Rods, WIPO Case D2005-0570 (July 21, 2005).

Thursday, July 28, 2005

ICANN Vancouver Site Launched

Circle ID, one of the local hosts of the 2005 ICANN Annual Meeting in Vancouver has launched the official meeting website at ICANNVancouver.ca. The meeting is scheduled for November 30-December 4, 2005.

While the host city of 2006 ICANN Annual Meeting (scheduled for October 30-November 3, 2006 somewhere in Latin America) has not yet been announced, I'm taking this opportunity to plug for Merida, Mexico.

New ACPA Decisions

Evan Brown at Internetcases.com has posted his summaries of two new ACPA decisions, Fryer v. Brown & NBC Universal v. NBCUniversal.com. Read more here and here.

ICANN Board & GNSO Calls Today

On the agenda for today's ICANN Board Call:

Consideration of .KZ Redelegation Request (Kazakhstan)
Consideration of .IQ Redelegation Request (Iraq)

In addition, the GNSO Council has a telephone conference today. On the agenda:

Item 1: Approval of minutes
GNSO Council meeting 12 July 2005

Item 2: Staff report
- legal text for WHOIS recommendation
- policy status of new gTLDS (review Board and GNSO Council decisions)
- summary of public comments received during the GNSO Public Forum

Item 3: Actions arising from ICANN Board meeting
- domain name hijacking report
- GNSO review

Item 4: Actions arising from IDN workshop
- Cary Karp to request any action required from the GNSO Council

Item 5: Actions arising from GNSO Public Forum in Luxembourg

Item 6: Creation of working group to review implementation of current
WHOIS policies related to Accuracy (e.g WHOIS data reminder policy, and
WHOIS problem reporting system)
- Niklas Lagergren proposed as chair
(note this would be a similar process to that used to review the
implementation/compliance with the transfers policy)

Item 7: Consideration of revised consensus recommendation with respect
to improving notification and consent for the use of contact data in the
Whois system
- updated text due from Bruce Tonkin in response to comments received so
far
- legal text required from ICANN legal team

Item 8: Consideration of final report on process for use by ICANN in
considering requests for consent and related contractual amendments to
allow changes in the architecture operation of a gTLD registry.
- for decision

Item 9: Any other business

Tuesday, July 26, 2005

Heatwave

Currently getting caught up on e-mail and other obligations while trying to stay cool in DC's continuing heatwave. Real temperatures are near 100 degrees, heat indicies in the 115 degree range. It still beats snow and cold temps, but I'm ready for a return to the mid-80s.

Plenty of ICANN and domain name related news to post. Will try to return to normal blogging as the week progresses.

Tuesday, July 12, 2005

Light Blogging Rest of the Week

I'm taking advantage of the weather and calendar to get out of town for a few days. Light blogging to follow for the remainder of the week. I will have an update in the morning on ICANN Meeting developments.

ICANN and Domain Name News Roundup

ICANN Ombudsman Releases First Annual Report (ICANN) - July 12
ICANN blog: I Don't Like Mondays (TheRegister) - July 12
ICANN Approves .mobi Domain For Cell Phones (Information Week) - July 12
mTLD Announces Mobile Phone Domain (pcadvisor.co.uk) - July 12
Mobile Top Level Domain Gets ICANN Nod (TheInquirer) - July 12
ICANN To Stop Regulating .Net Domain Prices (Webhosting.info) - July 12
Domains Gone Mobile (InternetNews.com) - July 12
GMO Acquires Domain Registrar (LightReading.com) - July 12
.AERO Seeks A New Runway (ICANN.blog) - July 12
Melb IT Flags Domain Name Locking (TheAge.com.au) - July 12

Realtime Captioning ICANN

ICANN is again posting realtime captioning of public meetings from Luxembourg. This helpful service was offered at the Mar del Plata meeting in April. First up is the captioning from yesterday's "Public Discussion to Provide Input into the ICANN Operational Plan and Budget for July 2005 to June 2006". Other realtime captioning will be posted on the ICANN Luxembourg site as the meetings progress.

Domain Name Hijacking Report

ICANN's Security and Stability Advisory Committee has released its report on Domain Name Hijacking. Read the report here.

"The SSAC found that domain name hijacking incidents are commonly the result of flaws in registration and related processes, failure to comply with the transfer policy and poor administration of domain names. The report recommends ten key actions including implementation of improved auditing and compliance measures, and additional measures to protect registration information from misuse by would-be hijackers, as well as implementation of emergency procedures to assist in the urgent restoration of a domain name."

Monday, July 11, 2005

ICANN Meeting Underway

The ICANN Meeting in Luxembourg is well underway. Bret Fausett's always informative ICANN.blog has several podcasts from sessions yesterday and today, including the New TLD Workshop and the ALAC Meeting.

On the calendar for today:

Welcome Ceremony * (9:00-10:00) (Main Room)
GNSO Constituency Meetings
Cross Constituency Meeting - Commercial and Business Users, ISP, IP Interests (10:00-13:00) (Salle F)
gTLD Registries Constituency Meeting (10:00-15:00) (Salle H)
Registrars Constituency Meeting (Salle C)
Commercial and Business Users Constituency Meeting (14:00-16:00) (Salle F)
Intellectual Property Interests Constituency Meeting (14:30) (Salle 4)
Internet Service Providers and Connectivity Providers Constituency Meeting (Salle 2)
Noncommercial Users Constituency Meeting (Salle 3)
ccNSO Members Meeting * (10:00-18:00) (Salle B)
At-Large Round Table Discussion (Open Session) (Salle 10)
GAC Working Groups (Closed Session) (10:00-13:00) (Salle A)
GAC Plenary Meeting (Closed Session) (14:30-16:00) (Salle A)
GAC Open Session (16:00-17:30) (Salle A)
Public Discussion to Provide Input into the ICANN Operational Plan and Budget for July 2005 to June 2006 * (17:30-18:30) (Main Room) Updated Time
Gala Dinner

News roundup:

ICANN blog: De Lux Appointment (TheRegister) - July 11
Will .Net Fees Rise After 2006? (Silicon.com) - July 11
VeriSign Can Raise .Net Prices in 2007 (Netcraft.com) - July 11
Will The UN Run The Internet (CNET) - July 11
Google Wins Typosquatting Ruling (TheRegister) - July 11
Syniverse Technologies Enters Joint Venture mTLD (Press Release) - July 11

Thursday, July 07, 2005

Upcoming WIPO UDRP Workshop and Resources

WIPO is hosting a two day advanced workshop on Domain Name Dispute Resolution: Update on Practices and Precedents, October 20 and 21, 2005 in Geneva, Switzerland. Information on the workshop is available here.

"While the Center's previous domain name Workshops provided an introduction to the overall structure of the UDRP, the new Advanced Workshop will focus on the trends of WIPO Panel decisions on the most important substantive and procedural issues under the UDRP. Thus, in addition to those wishing to gain insight into the UDRP mechanism, this Advanced Workshop is of particular interest to those who have been or who may become involved in UDRP proceedings and to past Workshop participants. The Advanced Workshop also represents an opportunity for registrars and ccTLD administrators to increase their knowledge of UDRP decisions."

In addition, WIPO "is now making available the WIPO Electronic Case Facility (WIPO ECAF). WIPO ECAF allows parties and other actors in a case under the WIPO Mediation, Arbitration and Expedited Arbitration Rules to submit communications electronically into an online docket." For more information, you may visit the WIPO ECAF here.

All Eyes on London

Yesterday's cheers have turned to tragedy today after several bombs exploded in the London Underground and on at least one bus. My thoughts go out to those in London and in the UK.

A comprehensive Wikipedia entry on the blasts is available here.

ICANN has issued a statement on the attacks and on travel to next week's meeting in Luxembourg. Text of the statement is below:

STATEMENT CONCERNING LONDON BOMBINGS AND ICANN MEETING IN LUXEMBOURG

Friends and Colleagues,

There have been multiple bomb blasts in London this morning. At the time of writing, it does not look like the airports have been hit, but clearly the public transport system in London itself has been.

The advice we have received is that if you are transiting through London on the way to the ICANN meeting in Luxembourg, please do not go to central London. If you have a stopover, please stay at hotels at the airport or west of the city.

At the moment the airports are not affected and we understand that flights are not being diverted but one should expect heightened security and hence delays at British airports.

If members of the community have any questions, please direct them to traveltolux@icann.org

Arrangements in Luxembourg continue as planned.

Paul Twomey
President & CEO
7 July 2005

Wednesday, July 06, 2005

Catching Up

The ICANN Meeting in Luxembourg is rapidly approaching. The meeting will be held next week, July 11-15, in Luxembourg City, Luxembourg. The local host website is available here.

On June 28, the ICANN Board met by conference call and approved the contract for .MOBI and agreed to enter into technical negotiations with Telnic for the .TEL sTLD. The Board also approved "US$ 784,785.37 in connection with legal services provided to ICANN during January through April 2005." That is a big number.

Article roundup:

Interesting ICANN Details (ITWorld.com) - July 6
Surprise US announcement on Internet Oversight Causes Controversy (Digital Media Asia) - July 6
Global Name Registry Releases Whois II (Webhosting.info) - July 6

London 2012

By now everyone knows London has been chosen by the International Olympic Committee to be the host city for the 2012 Olympic Games. With the close and surprising victory over front-runner Paris, the London organizers are now tasked with building venues and implementing the host plan for 2012. One thing sure to keep the London Organizing Committee busy will be rampant cybersquatting on London 2012 domain names. Fortunately for London, it can look to the body of decisions issued in favor of the IOC and its National Olympic Committees and host cities in protecting the City + Year Date Marks in domain names on the Internet.

Most recently, the IOC and the Beijing Organizing Committee for the XXIX Olympiad prevailed in a National Arbitration Forum decision against the registrant of the domain name Beijing2008.org. See Beijing Organizing Committee for the Games of the XXIX Olympiad & International Olympic Committee v. GBS Data System, NAF Case FA479544 (June 28, 2005). Panelist John Upchurch determined that "[f]or over a century, IOC, its National Olympic Committees and local organizing committees have consistently taken measures to protect the “city + year” marks associated with the Olympic Games."

Further, "Complainant has provided overwhelming evidence that Beijing was recognized internationally as the front-runner to host the 2008 Olympic Games at the time of Respondent’s registration, and that Respondent had actual knowledge of Complainant’s strong connection to the BEIJING 2008 mark when it registered the disputed domain name. Respondent, in not submitting a response, has done nothing to rebut Complainant’s assertions or provide any alternate explanation, so the Panel gives Complainant’s arguments a strong presumption of accuracy. Thus, the Panel finds that registration of a domain name that is identical to another’s mark despite actual or constructive knowledge of another’s rights in the mark is tantamount to bad faith registration and use pursuant to Policy ¶ 4(a)(iii)."

The Beijing2008.org decision, along with an earlier win in favor of the IOC and the Athens 2004 Olympic Organizing Committee against the domain name Athens2004.org as well as others, should help the IOC and London organizers against domain name infringement on the Internet.

Friday, July 01, 2005

More Articles on NTIA Announcement

The long Fourth of July Weekend does not start for a few more hours, so here is another roundup of articles commenting on the US Internet Governance announcement.

Who Should Manage The DNS? (ZDNet) - July 1
US Reneges on DNS Plegde (VNUNET) - July 1
US Makes About-Turn On Internet Directories (ITWorld.com) - July 1
US To Keep Control Of Internet Services (E-Commerce Times) - July 1

Justice O'Connor Retires

This is shaping up to be a big Friday. Supreme Court Justice Sandra Day O'Connor just announced her retirement. Congress is on recess until July 11, but the battle over the nominee to succeed Justice O'Connor has already started.

US Statement on Internet Governance & Reaction

Yesterday the Department of Commerce released "U.S. Principles on the Internet’s Domain Name and Addressing System". A Washington Post article on the statement is available here. Statement also available below:

The United States Government intends to preserve the security and stability of the Internet’s Domain Name and Addressing System (DNS). Given the Internet's importance to the world’s economy, it is essential that the underlying DNS of the Internet remain stable and secure. As such, the United States is committed to taking no action that would have the potential to adversely impact the effective and efficient operation of the DNS and will therefore maintain its historic role in authorizing changes or modifications to the authoritative root zone file.

Governments have legitimate interest in the management of their country code top level domains (ccTLD). The United States recognizes that governments have legitimate public policy and sovereignty concerns with respect to the management of their ccTLD. As such, the United States is committed to working with the international community to address these concerns, bearing in mind the fundamental need to ensure stability and security of the Internet’s DNS.

ICANN is the appropriate technical manager of the Internet DNS. The United States continues to support the ongoing work of ICANN as the technical manager of the DNS and related technical operations and recognizes the progress it has made to date. The United States will continue to provide oversight so that ICANN maintains its focus and meets its core technical mission.

Dialogue related to Internet governance should continue in relevant multiple fora. Given the breadth of topics potentially encompassed under the rubric of Internet governance there is no one venue to appropriately address the subject in its entirety. While the United States recognizes that the current Internet system is working, we encourage an ongoing dialogue with all stakeholders around the world in the various fora as a way to facilitate discussion and to advance our shared interest in the ongoing robustness and dynamism of the Internet. In these fora, the United States will continue to support market-based approaches and private sector leadership in Internet development broadly.

"The Bush Administration intends to preserve the security and stability of the Internet’s domain name system (DNS), continues to support ICANN and will work with the international community to find appropriate ways to address Internet governance issues."

The World Summit on the Information Society continues in Tunis November 16-18, 2005.

International Reaction:

ICANN Needs International Rescue (ZDNet Comment) - July 1
US Reasserts Control Over Domain Names (ZDNet UK) - July 1
US Keeps Keys To Domain Names (Silicon.com) - July 1
US Holds Onto Key Internet Role (BBC) - July 1
Bush Administration Annexes Internet (TheRegister) - July 1
US Appears To Affirm Its Authority Over The Internet (International Herald Tribune) - July 1
Corante on US Announcement (Corante) - July 1
Froomkin on US Announcement (Discourse.net) - July 1