Check out http://auda.org.au/domain-news/dn-news for the latest domain news. By COB Melbourne time on 1 September, a more recent edition of the news will normally be posted to the auDA web site. The domain name news is supported by auDA. **************** DOMAIN NAMES **************** us: Rev. Jerry Falwell Loses Bid to Shut Down Disapproving Web Site (news release) In a victory for free speech on the Internet, a New York man ordered to transfer the domain name www.fallwell.comto the Rev. Jerry Falwell will be allowed to keep the Web site, the United States Court of Appeals for the Fourth Circuit has ruled. http://citizen.org/pressroom/release.cfm?ID=2030 us: 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. http://www.circleid.com/article/1177_0_1_0_C us: 4th Circuit's decision in Lamparello In a decision on an appeal aided by the Berkman Center Clinical Program in Cyberlaw, the United States Court of Appeals for the Fourth Circuit on Wednesday overturned a federal trial court decision requiring the operator of a ?gripe site? to forfeit the domain name of the site to the party the site was set up to criticize. Plaintiff Christopher Lamparello set up a web site, www.fallwell.com, to criticize the Reverend Jerry Falwell?s views on homosexuality and to offer an alternative biblical analysis. In a significant victory for free speech on the Internet, the Court of Appeals? held that Lamparello?s web site did not violate either federal trademark law or the federal anti-cybersquatting statute. http://cyber.law.harvard.edu/home/home?wid=10&func=viewSubmission&sid=796 us: Falwell critic can keep domain name A Web site with a domain name resembling Rev. Jerry Falwell's can continue to vent about the preacher's anti-gay views, a federal appeals court ruled on Wednesday. http://news.com.com/Falwell+critic+can+keep+domain+name/2100-1030_3-5842795.html http://www.usatoday.com/tech/news/2005-08-25-falwell-web-site_x.htm http://www.firstamendmentcenter.org/news.aspx?id=15694 http://www.ktvu.com/technology/4895216/detail.html http://smh.com.au/news/breaking/trademark-ruling-goes-against-falwell/2005/08/25/1124562951721.html http://www.365gay.com/newscon05/08/082405falwell.htm http://www.kron4.com/Global/story.asp?S=3763198 http://www.wavy.com/Global/story.asp?S=3761487 uk: Saudi militant pulls plug on website in advance of Home Office crackdown (free for 2-3 days) One of the most notorious Islamist militants living in Britain, the Saudi dissident Muhammad al-Massari, has closed down his controversial website and hinted he could leave the country. ... His Arabic language website, tajdeed.net, one of a number of "jihadi" websites, is expected to be targeted under sweeping new anti-terrorism powers, outlined by the Prime Minister last month, to crack down on those who "glorify" terrorism. http://news.independent.co.uk/uk/crime/article308633.ece nz: Domain-name body going ahead A challenge to the legitimacy of Britain's internet address registry, Nominet, appears unlikely to halt moves to establish a New Zealand domain name dispute-resolution process based on the Nominet model. http://www.nzherald.co.nz/index.cfm?mode=headlines&c_id=5&objectid=10331747 Chinese .CN domain name registrations top Japanese .JP About 720,000 websites under the domain name of "CN" have been registered in China by the end of July 2005, according to latest statistics released by the China Internet Network Information Center (CNNIC). http://www.tomshardware.com/hardnews/20050825_111125.html http://vweb.cycnet.com/cms/2004/cycenglish/news/t20050825_30879.htm http://en.ce.cn/National/sci&edu/200508/25/t20050825_4520871.shtml http://news.xinhuanet.com/english/2005-08/24/content_3397992.htm in/au: SBI arm wins cybersquatting case SBI Card and Payment Services Private Limited, the credit card arm of the State Bank of India (SBI), received a shot in the arm when it won a case of cybersquatting against Domain Active Pty Limited, an Australian dotcom company. http://www.tribuneindia.com/2005/20050825/biz.htm#6 http://www.telegraphindia.com/1050822/asp/business/story_5140754.asp us: 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. ... This case is different from McLane Company, Inc. v. Fred Craig, WIPO Case No. D2000-1455, because the Respondent is not using the Complainant's mark to criticize the industry in general. Its criticism (on the site to which the domain name resolves) is very clearly directed at the Complainant. http://www.circleid.com/article/1176_0_1_0_C Legal Experts Weigh In on Domain Arbitration It has kept domain disputes involving huge companies and small profiteers known as "cybersquatters," as well as other Internet Learn how the leader in Internet services can help you start and grow your business online. Network Solutions. Go Farther. address disputes, out of court, but is the domain arbitration that is mandatory for ICANN domain registrants fair? http://technewsworld.com/story/GnDt5N67zp1Y8M/Legal-Experts-Weigh-In-on-Domain-Arbitration.xhtml Bush, Pornographers Bash .XXX Amazon is selling sex toys. KY has expanded beyond its pharmaceutical niche to launch a line of massage oils that double as lube. And Bush and the porn industry are united against the proposed .xxx top-level domain. http://www.wired.com/news/culture/0,1284,68640,00.html Root servers and IP version 6 and .xxx Deals with the approval and then put on hold of .xxx. And goes on to say " It seems that when the US Department of Commerce shouts ?jump? the only question ICANN dares ask is ?how high?? You have to feel a certain degree of sympathy for ICM Registry, the company set up over five years ago to push for the idea of an adult-only domain. After their original proposal was rejected they have lobbied, argued, persuaded and jumped through more bureaucratic hoops than a well-trained circus seal. They are even working with a Canadian non-profit organisation to ensure that only ?responsible? pornographers get .xxx domains." http://p2pnet.net/story/6057 de: IP carrier Level3 blocks website on router level The US IP carrier Level3 has blocked access by German customers to a website and the IP address that goes with it. The website in question is a commercial "Snuff Site" that without effective age limitation of any kind offers against payment videos of, for example, genuine executions or of people killed as a result of natural disasters (such as, for instance, of victims of the recent tsunami in the Indian Ocean). According to its own statements the German branch of Level3 was made aware of the site by the German organization dedicated to the protection of children and adolescents jugendschutz.net. The child protection organization had called on the company to remove the content from the Net. http://www.heise.de/english/newsticker/news/63223 >From UDRPlaw - Five Complainants Join Together To Win UDRP Case (http://udrplaw.blogspot.com) Five subsidiaries of GlaxoSmithKline PLC joined together in one UDRP case against Indian registrant Pradeep Dadha over his registration and use of 12 domain names containing the names of GlaxoSmithKline drugs with the words "Buy Generic". No response was filed by Dadha, and Panelist John J. Upchurch ordered the domain names transferred to the five co-complainants. The decision may be the first UDRP action involving five co-complainants. Decision at: http://www.arbforum.com/domains/decisions/514979.htm Why you need to add ?protect domain name? to the security checklist While name holders can take measures to protect their domain names against theft and loss, many measures are not generally known. http://www.securitypipeline.com/170000128 http://www.networkingpipeline.com/showArticle.jhtml?articleId=170100168 in: New Instance of RIPE NCC Operated K-root Server Deployed in Delhi, India The RIPE NCC in cooperation with APNIC have deployed a new global node instance of the K-root Internet root name server at the National Internet eXchange of India (NIXI) in Noida, Delhi, India. http://ripe.net/news/kroot-delhi-200508.html uk: UK Internet Industry more buoyant than ever The growth of the UK internet Industry is seeing no signs of slowing down, with more than 150 UK web addresses being registered every hour of every day according to Nominet, the .uk domain name registry. The latest figures from Nominet show that there are now more than 4.2 million registered .uk web addresses. http://www.nominet.org.uk/News/PressReleases/2005PressReleases/UkInternetIndustryMoreBuoyantThanEver.html Domainsite.com Makes CentralNic Country-Specific Domain Names Available If you've been wanting to register "anything.com" and it hasn't been available, you might now be able to get "anything.us.com" instead. http://www.webhostdir.com/news/articles/shownews.asp?id=12901 Drinking for IP law change P-to-P file-trading enthusiasts like to rant about the draconian steps taken by groups like the RIAA to enforce laws protecting their intellectual property rights, but can they be organised into a viable political force? [includes a reference to Esther Dyson] http://www.idg.com.sg/ShowPage.aspx?pagetype=2&articleid=2473&pubid=5&issueid=60 .eu Roadshows in 6 European cities EURid's is holding information meetings in Brussels on 10th October and Stockholm on 26th October with Ljubljana, Prague, Pisa and Madrid to follow. http://www.eurid.eu/news/archive/roadshows Network Solutions Opens .eu Pre-Registrations Network Solutions, an ICANN accredited registrar and a provider of web services, yesterday announced that it is now accepting pre-registration requests for .eu top-level domain names. http://onlypunjab.com/fullstory2k5-insight-news-status-13-newsID-28334.html http://www.hostreview.com/news/news/050824NetworkSolutions.html ********************* WSIS & GOVERNANCE ********************* Statement opposing political intervention in the internet?s core technical administrative functions - Internet Governance Project www.internetgovernance.org The partners of the Internet Governance Project, plus a number of civil society groups and individuals, have written to express their concern over the August 11, 2005 request by the U.S. Department of Commerce?s National Telecommunications and Information Administration to delay, and possibly deny, a gTLD delegation decision by ICANN's Board. The group writes the intervention by the NTIA raises important issues regarding the appropriate role of governments in the global administration of the Internet. The group writes that the NTIA?s intervention in .xxx undermines those assurances. It calls into question the neutrality of the U.S. government?s special authority over ICANN. The group/project concludes by saying this watershed in the evolution of Internet governance creates real dangers, but also opportunities and urge the ICANN board not to make any concessions or statements that would encourage more such interventions in the future. We urge the world?s governments to take a more deliberative and procedurally sound approach to the reform of ICANN. http://dcc.syr.edu/signaturepost.asp http://dcc.syr.edu/miscarticles/STATEMENT-XXX.pdf us: NSF Preps New, Improved Internet The National Science Foundation is backing a major initiative that could lead to a completely new internet architecture, with built-in security measures and support for ubiquitous sensors and wireless communications devices, among other things. http://www.wired.com/news/technology/0,1282,68667,00.html Africa Civil Society Prepcom Briefing The WSIS PrepCom III of Phase II of the WSIS ? will take place from September 19-30 and will be the last meeting for negotiation of the final Tunis documents. The following document outlines briefly the documents that will be negotiated, how they will be negotiated, and different opportunities for lobbying and the timetable for negotiations for PrepCom III. http://africa.rights.apc.org/index.shtml?apc=he_1&x=1060734 za: WGIG Focus On Policy Issues Worries South African Internet Society Internet Society (ISOC) South African chapter is concerned that the Working Group on Internet Governance (WGIG) report is too heavily focused on policy issues. http://allafrica.com/stories/200508240782.html za: South African Civil Society Learn About WSIS The biggest SANGONeT information communication technology (ICT) discussion forum with Civil Society Organisations of South Africa have started in Cape Town with an opportunity for the general public to learn about the WSIS. http://allafrica.com/stories/200508240783.html CIPACO project - Discussion on WSIS Prepcom 3 and the report of the WGIG Organized by the African Civil Society for the Information Sociey (ACSIS) with the collaboration of PIWA (CIPACO project) and APC. From 24 August to 17 Septembre 2005. http://www.cipaco.org/rubrique.php3?id_rubrique=36&lang=en Input Document of Ambassador Janis Karklins, President of PrepCom of the Tunis Phase of the WSIS, for discussion at the 7th GFC Meeting on 5th September 2005. Revised Input to the 7th meeting of the WSIS Group of Friends of the Chair (GFC) (September 5-7 2005). Possible draft text for paras 10, 11 and 29 of the Operational Document and summary of new proposals from governments and other stakeholders http://www.itu.int/wsis/documents/doc_multi.asp?lang=en&id=1671|0 Compilation of comments on chapter one (implementation mechanism) and chapter four (the way ahead) of the operational part The document is a compilation of textual changes proposed to the draft of chapters one and four of the operational part (WSIS-II/PC-2/DOC 3). These changes are based on new proposals received since the completion of PrepCom-2 (17-25 February 2005). As such, they complement the original compilations of proposals made during PrepCom-2, contained in documents DT/2 (rev.3) and DT/5. This document summarises only those contributions that suggested specific drafting changes. http://www.itu.int/wsis/documents/doc_multi.asp?lang=en&id=1618|0 Paper "Food for thought" of Ambassador Janis Karklins, President of PrepCom of the Tunis Phase of the WSIS, for discussion at the Informal consultation meeting on 13 June 2005 The new proposals in this paper will be in addition to the written comments and proposals presented during the first reading of the operational part on 21 February, contained in the compilation documents on chapter one (DT-2 Rev. 2) and chapter four (DT-5) respectively. The compilation document of new proposals received by 31 May 2005 will be issued as a reference document prior to the PrepCom-3, and these proposals will be examined by the GFC. They will also be posted on the WSIS website. http://www.itu.int/wsis/documents/doc_multi.asp?lang=en&id=1604|0 *************** RESEARCH PAPERS *************** OECD: Communications industry rebounding but Internet throws up new challenges, says OECD The communications industry has returned to profitability but developments in Internet technology are challenging the role and business model of traditional telecoms companies, creating pressures for a new approach to industry regulation, according to the OECD?s Communications Outlook 2005. [The report discusses the threats to fixed and mobile operators from technologies such as Skype; that service operators will increasingly offer integrated video, voice and data products in a single service package; the growing popularity of downloading video from the Internet will reduce the time people spend watching free-to-air TV; and increasing competition from new platforms, notably broadband Internet, with traditional broadcast or telecoms providers may require a re-examination of existing regulatory frameworks. http://www.oecd.org/document/0/0,2340,en_2649_37409_35263168_1_1_1_37409,00.html Mobile and fixed line telcos challenged by VoIP, says OECD The growing popularity of internet telephony threatens both the fixed-line revenues of traditional telcos and the profits of mobile operators, according to a new report from the Organisation for Economic Co-operation and Development (OECD). http://out-law.com/page-6052 http://smh.com.au/news/breaking/oecd-foresees-voip-revolution/2005/08/25/1124562951952.html +++++++++++++++++++++++++++++++ Sources include Quicklinks <http://qlinks.net/> and BNA Internet Law News <http://www.bna.com/ilaw/>. +++++++++++++++++++++++++++++++ (c) David Goldstein 2005 David Goldstein address: 4/3 Abbott Street COOGEE NSW 2034 AUSTRALIA email: Goldstein_David §yahoo.com.au phone: +61 418 228 605 - mobile; +61 2 9665 5773 - home * Note new address and home phone number as of 28 May 2005. Send instant messages to your online friends http://au.messenger.yahoo.comReceived on Wed Aug 31 2005 - 13:14:52 UTC
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