[DNS] domain name & governance news - 7 August

[DNS] domain name & governance news - 7 August

From: David Goldstein <goldstein_david§yahoo.com.au>
Date: Wed, 9 Aug 2006 22:06:14 +1000 (EST)
Check out http://auda.org.au/domain-news/ for the most
recent edition of the domain news - already online!

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India should be active in Net governance: Expert

eu: Small countries have more .eu domain registrations
? Report

cm: Nation of Cameroon Typo-Squats the Entire .com
Space by By John Berryhill

Jefferson Rebuffed - The United States and the Future
of Internet Governance by VIKTOR MAYER-SCHOENBERGER &
MALTE ZIEWITZ, Harvard University - John F. Kennedy
School of Government (KSG Working Paper)
Abstract: Over the last several years, many have
called for an internationalization of Internet
governance in general, and Internet naming and
numbering in particular. The multi-year WSIS process
that culminated in November 2005 was intended to
create momentum in such direction. The United States
has long resisted such internationalization, fearing
in particular the growing influence of China and
similar nations. In September 2005 the European Union
put forward a proposal which would have offered a
constitutional moment for Internet governance by
suggesting internationalization based on fundamental
values of the Internet community. The swift rejection
of the proposal by the US was surprising, both from a
tactical as well as - in light of its own
constitutional history - a substantive viewpoint. In
this article we describe the main features of the
European proposal and what it might have created. We
evaluate four possible arguments explaining US
rejection: delegation of power, objective rights,
public choice, and de-legitimization of international

New Governance and Legal Regulation: Complementarity,
Rivalry or Transformation by DAVID M. TRUBEK & LOUISE
G. TRUBEK - University of Wisconsin (published: Univ.
of Wisconsin Legal Studies Research Paper)
Abstract: New approaches to regulation have emerged to
deal with inadequacies of traditional command and
control systems. Such new governance mechanisms are
designed to increase flexibility, improve
participation, foster experimentation and
deliberation, and accommodate complex multi-level
systems. In many cases these mechanisms co-exist with
conventional forms of regulation. As new forms of
governance emerge in arenas regulated by conventional
legal processes, a wide range of configurations is
possible. The purpose of this paper is to provide a
preliminary mapping of such relationships using
examples drawn from the European Union and the United
States. When the two processes are consciously yoked
together in a hybrid form, we might speak of a real
transformation in the law. In other cases, the two
systems may exist in parallel but not fuse together in
a single system. Where both systems co-exist, there
are numerous possible configurations and relationships
among them. Thus, one might simply be used to launch
the other, as when formal law is used to mandate a new
approach. Or, they might operate independently yet
both may have an effect on the same policy domain.
Finally, in some areas one system may take over the
field, ether because new governance methods replace
traditional law altogether, or because opposition to
innovation halts efforts to employ new approaches.

Domain name protection in Hong Kong: flaws and
proposals for reform by GRACE CHAN (published:
International Journal of Law and Information
Abstract: In Hong Kong, domain name disputes are
governed by a policy that is heavily influenced by
that of the US-based Corporation for Assigned Names
and Numbers (`ICANN`), which is designed to protect
interests of some trademark owners at the expense of
some domain name registrants. The root cause of Hong
Kong`s adherence to US Domain Name Dispute Resolution
Policy lies in the physical architecture of the domain
name system itself, which is US-controlled. Hong Kong
may improve protection for domain name registrants by
amending the Hong Kong Domain Name Dispute Resolution
Policy to make it more registrant-friendly than it
currently is. In the longer run, however, Hong Kong`s
ultimate power to decide on its own domain name
dispute policy may involve moving away from the
superior authority of the A root. A concurrent and
less drastic step to improve the situation would be to
clarify the ability of domain name registrants to
register their domain names under trademark law. 

The Constitutional Failing of the Anticybersquatting
Act by NED SNOW - University of Arkansas (published:
Willamette Law Review)
Abstract: Eminent domain and thought control are
occurring in cyberspace. Through the
Anticybersquatting Consumer Protection Act (ACPA), the
government transfers domain names from domain-name
owners to private parties based on the owners'
bad-faith intent. The owners receive no just
compensation. The private parties who are recipients
of the domain names are trademark holders whose
trademarks correspond with the domain names. Often the
trademark holders have no property rights in those
domain names: trademark law only allows mark holders
to exclude others from making commercial use of their
marks; it does not allow mark holders to reserve the
marks for their own use. The property transfer is thus
not based on existing property rights that a trademark
holder has in the domain name. Instead, the ACPA
facilitates the property transfer based on the
thoughts of a domain-name owner. The ACPA requires
only that a domain-name owner have acquired a domain
name through trafficking, where traffic is defined to
include any means of acquisition; and that a
domain-name owner have a bad-faith intent, where bad
faith is determined by unfettered judicial discretion
and where the actionable intent may exist at any time
(not merely the time of acquisition). In short, if a
domain-name owner has somehow acquired a domain name,
or in other words, is in possession of it, and if that
owner then thinks bad-faith thoughts, the government
may appropriate the domain name for a third party's
use. This basis for transferring property -- thought
and the expression thereof -- violates basic tenants
of First Amendment law. The transfer is without
permissible justification. The government controls
thought through eminent domain.

Cisco's The Internet Protocol Journal - June 2006
Geoff Huston describes numerous research proposals
related to TCP and discusses lessons learned by
operators and researchers involved with this protocol.

How the web went world wide
In a few short years the web has become so familiar
that it is hard to think of life without it. Along
with that familiarity with browsers and bookmarks goes
a little knowledge about the web's history. Many users
know that Sir Tim Berners-Lee developed the web at the
Cern physics laboratory near Geneva. But few will know
the details of the world wide web's growth - not least
because the definitive history of how that happened
has yet to be written.

India should be active in Net governance: Expert
Though India is a recognised IT power, it has done
little when it comes to global Internet governance,
according to an expert who has appealed to Indian
professionals to be more active in this crucial area.

US likely to retain internet oversight
The US Government appears unlikely to relinquish
supervision of the system for assigning and managing
website names after a Commerce Department hearing
raised concerns about giving an obscure California
non-profit company control.

ISOC calls for greater autonomy for key Internet
organization (news release)
Speaking during today's US Commerce Department's
National Telecommunications and Information
Administration (NTIA) public meeting on the transition
of the Internet's domain name system (DNS) to the
private sector, ISOC President and CEO Lynn St. Amour
outlined how key Internet organizations need to have
enough autonomy to respond appropriately to the
fast-changing technical and operational environment of
the Internet.

eu: Small countries have more .eu domain registrations
? Report
Countries with small populations have a higher number
of .eu domain name registrations, reports market
research firm IPwalk.

Malta features highest .eu domain names per citizen
More evidence of irregularities in the registration of
.eu domain names has been uncovered in a study by
internet monitoring group Ipwalk.

More .EU Registration Anomalies
Taking population size into account shows large
irregularities in .eu domain name registrations.
Malta, Luxembourg, Cyprus and the Netherlands have a
very high number of registrations compared to their
population size, much larger than strong Internet
countries such as Germany and the United Kingdom.

cm: Nation of Cameroon Typo-Squats the Entire .com
Space by By John Berryhill
The .cm (Cameroon) ccTLD operators have discovered
that since their TLD is simply one omitted letter away
from .com, that there is a gold mine in the typo
traffic that comes their way. Accordingly, Cameroon
has now wild-carded its ccTLD and is monetizing the
traffic. The upshot is that, if the Neiman Marcus /
Dotster lawsuit over 27 domain names was properly
characterized as "massive", then the Cameroonians are
now going well beyond massive.

au: Connect West breaches Registrar Agreement (news
auDA has found that Connect West failed to properly
manage domain name renewals during June and July.

au: auDA to open Board meeting to the public (news
Internet users interested in the future of the
Australian Internet will be able to attend auDA's
first public Board meeting

au: auDA reviews domain expiry, renewal and deletion
policy (news release)
auDA invites comment and feedback on the policy and
process for handling domain name renewals and

us: Lawsuit Naming High-Volume, Domain "Tasting"
Registrar Blazes New Trail in Combating Online
Trademark Infringement
A recent federal lawsuit, filed by Neiman Marcus and
Bergdorf Goodman against domain name registrar
Dotster, may anticipate a new technique for trademark
owners to police their intellectual property rights
online. The complaint, filed May 30, 2006 in U.S.
District Court in the Western District of Washington,
alleges that Dotster registered domain names that
infringe the trademarks of the plaintiffs. The unique
aspect of the complaint alleges that Dotster took
advantage of its position as a registrar to register
high-traffic, infringing domain names using an
increasingly common practice known as "domain
tasting," also referred to as "domain kiting" by
GoDaddy?s Bob Parsons. The most recent publicly
available data from VeriSign, the .com registry,
indicate that Dotster may be only one of at least
seven registrars "tasting" domain names.

VeriSign June/July Digital Branding Bulletin
Includes stories on New White Paper Explores Impact of
Recent DNS Attacks; .FR ? Individuals Can Register
Domain Names Starting June 20; .NO ? Registry Issues
Alerts to Registrants Who Do Not Meet Requirements;
.PK - Second-Level Launch Now Expected in Late June;
.VN - Second-Level Live Launch Now Expected in July;  
  * Recent Sales Illustrate Growing Global Interest in
ccTLDs; and Domain Name Registration Statistics.

Go Daddy's Domain Portfolio - More Than Twice the Size
of Nearest Competitor
The Go Daddy Group announced that the combined domain
portfolio for its three ICANN-accredited registrars
has doubled that of any of its nearest competitors.

ch/li: Popular Dispute Resolution Service for domain
The Dispute Resolution Service for domain names ending
in .ch and .li that was set up by SWITCH is still
meeting with a high level of acceptance in the second
year of its existence.

A domain by any other name is not the same
These days, you really can't start a small business
without getting on the Web, but it's also never been
harder to score a snappy URL.

Register.it to acquire Nominalia for 5.2m euros
Register.it, an internet domain hosting and managing
company, has agreed to acquire 100 per cent of the
market shares in Spanish internet services company
Nominalia for ?5.2m.

Alabanza sells BulkRegister subsidiary
Web hosting company Alabanza Corp. is selling its
Internet domain name registrar, BulkRegister, to
competitor eNom Inc.

Online Activities & Pursuits (Pew Research)
A national phone survey of bloggers finds that most
are focused on describing their personal experiences
to a relatively small audience of readers. 

Indecency on the Internet and International Law by
ALEXANDER SHYTOV (published: International Journal of
Law and Information Technology)
Abstract:  This article deals with the necessity to
suppress pornography on the Internet, including both
child and adult pornography. The main question is
whether the states should co-operate in enforcing
their moral standards, taking into account also the
fact that their standards of indecency do differ. The
article begins with giving an example of difficulties
arising from suppressing the crime of pornography on
the Internet. It givers a general overview of the
state of international law in this area. It is
stressed that the lack of the international
cooperation can mean for the states a diminishing of
their sovereignty to determine their public policy.
Pornography also threatens traditional cultures and
their concept of decency. Since there is an
international obligation to protect world cultures and
cultural diversity, the reason to suppress
pornography, particularly adult pornography, on the
Internet is not bound to proving any individual harm
which adult pornography may cause. The reasons to ban
pornography are weighed against the reasons not to
ban. It is argued that there are sufficient reasons to
ban adult pornography internationally as well as child
pornography. The main difficulty to introduce an
effective international regulation of the ban is the
lack of the international standard for obscenity. The
US standard found in the US case law is examined and
found unsatisfactory. It is finally emphasised that it
is not enough for the states to introduce criminal
sanctions and enforce them strictly when combating
pornography on the Internet. International law needs
to address deeper problems which give rise to the wide
spread indecency on the Internet.

The characteristics making Internet communication
challenge traditional models of regulation - What
every international jurist should know about the
Internet by N JERKER B. RKER B. SVANTESSON (published:
International Journal of Law and Information
Abstract: In order to determine why certain forms of
Internet communication challenge traditional models of
regulation, we must identify which characteristics
make them different to other forms of communication.
Focusing on conflict of laws, it is submitted that
regard must be had to the characteristics of
borderlessness, geographical independence, limited
language dependence, one-to-many communication, low
threshold information distribution, widely used,
portability, lack of reliable geographical
identifiers, reactive nature, lack of central control
and convergence. These characteristics cause an
imbalance between the ease of cross-border contacts on
the one hand, and the difficulty of solving
cross-border disputes on the other. Furthermore,
certain conflict of laws rules have lost their logical
bases, and those active on the Internet may lack
notice of the applicable law and which forums they are
exposed to. In addition, the existing gap between
reasonable grounds for jurisdictional claims and
reasonable grounds for recognition and enforcement has
been widened.

The Lion, the Dragon and the Wardrobe Guarding the
Doorway to Information and Communications Privacy on
the Internet: A Comparative Case Study of Hong Kong
and Singapore - Two Differing Asian Approaches by N B.
CHIK (published: International Journal of Law and
Information Technology)
Abstract: Almost a decade ago, the electronic commerce
revolution began, led by such companies as Amazon.com
and Ebay.com. These companies have grown into the
internet business giants they are today, diversifying
in the products they sell, the services they provide
and the jurisdictions they conduct business in.
However, aside from these rare examples, most medium
and small internet-based business enterprises have
grown with the dot.com bubble and dissolved when it
burst mid-way through the decade. Now, at the 10th
Anniversary of Electronic Commerce, after we have seen
the dot.com way of doing business launch like a rocket
and plunge like a comet, subsequently emerging into a
more cautious, but no less potential, avenue of doing
business, other challenges now face the industry as a
whole to retain and obtain customers. Internet users
are becoming increasingly wary of online transactions.
The irony is that as internet users become
technologically savvy, they also become more aware of
the dangers which connectivity entails and this
inhibits their online behaviour. Chief among these
concerns, and second only to cybercrimes, is the
maintenance of privacy in the context of the
protection of personal information, particularly from
the unsavory elements trawling the cyberworld. For
cyber-trade and the e-commerce market to grow, and for
the continued efficiency and utility of the internet
for G2C and B2C transactions, governments and
industries must re-instill the trust and confidence of
internet users both in commercial and non-commercial

ICT Use in the Developing World: An Analysis of
Differences in Computer and Internet Penetration by
MENZIE DAVID CHINN, University of Wisconsin and ROBERT
W. FAIRLIE, University of California (published: IZA
Discussion Paper)
Abstract: Computer and Internet use, especially in
developing countries, has expanded rapidly in recent
years. Even in light of this expansion in technology
adoption rates, penetration rates differ markedly
between developed and developing countries and across
developing countries. To identify the determinants of
cross-country disparities in personal computer and
Internet penetration, both currently and over time, we
examine panel data for 161 countries over the
1999-2004 period. We explore the role of a
comprehensive set of economic, demographic,
infrastructure, institutional and financial factors in
contributing to the global digital divide. We find
evidence indicating that income, human capital, the
youth dependency ratio, telephone density, legal
quality and banking sector development are associated
with technology penetration rates. Overall, the
factors associated with computer and Internet
penetration do not differ substantially between
developed and developing countries. Estimates from
Blinder-Oaxaca decompositions reveal that the main
factors responsible for low rates of technology
penetration rates in developing countries are
disparities in income, telephone density, legal
quality and human capital. In terms of dynamics, our
results indicate fairly rapid reversion to long run
equilibrium for Internet use, and somewhat slower
reversion for computer use, particularly in developed
economies. Financial development, either measured as
bank lending or the value of stocks traded, is also
important to the growth rate of Internet use.

Facets of the Digital Divide in Europe: Determinantion
and Extent of Internet Use by MICHAEL DEMOUSSIS &
(published: Economics of Innovation and New
Abstract: The primary objective of this article is to
identify, given Internet accessibility, the factors
that shape the decisions of individuals for personal
Internet usage and its extent. Cross-sectional data
from the European Social Survey database were utilized
and an ordered probit model with selectivity was
employed. The hypothesized link between the decision
to use the Internet and the extent of usagewas
confirmed by the data. Household income, cost of
access, demographics,media use, regional
characteristics and general skill acquisition by
individuals appear to correlate with Internet use and
the extent of usage. In addition, a non-linear
decomposition analysis was applied in order to
identify the causes of the observed south/north
divide. The results indicate that the observed
differences in the probability of Internet use
constitute a structural problem.

Legal Reasoning and Legal Change in the Age of the
Internet- Why the Ground Rules are Still Valid by UTA
KOHL, University of Wales (published: International
Journal of Law and Information Technology)
Abstract: This article is a defence of conservative
legal argumentation and hopes to add a dimension of
realism to the debate on Internet regulation. A
recognition of the law`s inherent resistance to
anything but incremental change, born out of its
function to provide certainty and stability, must
inform legal argumentation in particular in relation
to legal issues arising out of a phenomenon as
revolutionary as the Internet. By taking a bird`s eye
perspective on the arguments on the issue of whether a
website is enough to assert jurisdiction over the
entity behind the website, the author argues that the
most efficient regulatory options are not in fact the
best or realistic regulatory options if their
implementation entails substantial legal disruption.
Legal adjustments to accommodate new technological
phenomena such as the Internet often need not be as
drastic, as may appear at first sight, if the
relationship between law and the marketplace or law
and technological developments is properly evaluated
as two way.

Determining Jurisdiction in Cyberspace by JAYANT
KUMAR, National Law University
Abstract: The rapid development of information and
communication technologies has revolutionized the
business practices and individual practices. Taking
the lead in these technologies is the Internet.
Internet is not only a means of communication and
information flow but is also a medium of conducting
business. E-commerce is becoming the buzzword in
business circles. Like every other technology,
internet has also brought certain problems with itself
such as computer crimes, breach of contracts done on
line, issues of pornography due to different moral
standards in different countries etc. The
decentralized nature of Internet usually brings
parties residing in different jurisdictions in contact
with each other. Due to this which court will acquire
the authority to try the case in case of a contentious
issue always remains a problematic question. This
paper attempts to look into the concept of
jurisdiction, the basic principles on which the
jurisdiction is determined, what changes Internet has
brought in the concept of jurisdiction, what could be
the problematic issues and the appropriate remedies.

The Rule of Law, Jurisdiction and the Internet by UTA
KOHL, University of Wales (sub req'd)

Of Nodes and Power Laws: A Network Theory Approach to
Internet Jurisdiction through Data Privacy by ANDREA
M. MATWYSHYN, University of Florida; University of
Cambridge (published: Northwestern University Law
Abstract: This article uses network theory, a branch
of complexity theory, to examine questions of internet
jurisdiction in context of intentional torts and
intellectual property harms -- the types of internet
harms traditional personal jurisdiction frameworks
have difficulty addressing. It then proposes a trusted
systems approach to these jurisdictional

Jurisdiction over Cross-Border Wrongs on the Internet
by OREN BIGOS (published: International and
Comparative Law Quarterly)
Abstract: The internet presents challenges for private
international law. One challenge relates to
jurisdiction, which is traditionally based on
territory. Transactions on the internet span many
borders. When cross-border wrongs are committed they
may lead to transnational litigation. This article
examines the circumstances in which a court can
exercise jurisdiction over a foreign defendant alleged
to have committed a civil wrong over the internet. The
focus is on the service abroad provisions in common
law countries and the special jurisdiction provisions
in EU/EFTA countries.

Child online safety card unveiled
A virtual ID card designed to improve children's net
safety has been launched in the UK, US, Canada and

Middle East conflict provokes surge of cyber attacks
As the death toll in Lebanon and Israel mounts, the
conflict has spilled onto the internet with sudden
fury as gangs of computer hackers mount a withering
cyber attack on thousands of Israeli and Western

us: US government proposes sweeping new IPR rules for
Here is the new US submission on the "webcasting"
issue, which the US now wants to rename as
"netcasting." The US does not offer a restrictive
definition of what would be protected. It is broad. It
offers a contradictory statement at the end.

us: Keeping The Internet Neutral? Christopher S. Yoo
and Timothy Wu debate.
Whether you browse Wal-Mart's website or that of your
local hardware store, your Internet Service Provider
gives your request equal treatment?called "network
neutrality." Networks may soon become less neutral,
however, because of proposed regulatory changes and
corporate mergers among ISPs which could reduce
consumer choice. Neutrality has been seen as
beneficial for innovation and for democracy, since a
"tilted" Internet may shut out independent political
voices as well as small entrepreneurs. But neutrality
has potential drawbacks. It may discourage innovative
new services that require investment by an ISP, for
example, and reduce the Internet's stability and
security. Should ISPs be allowed to play favorites
among websites and offer non-neutral Internet
connections to their subscribers?

us: The World's Worst Internet Laws Sneaking Through
the Senate
The Convention on Cybercrime is a sweeping treaty that
has been waiting in the wings of the Senate for nearly
three years. Now the administration is putting
pressure on the Senate to ratify it in the next two
days. If it does, it would mean the U.S. would enforce
not just our own, but the rest of the world's bad Net
laws. Call your Senator now, and ask them to hold its

us: Senate ratifies treaty on cybercrime
The Senate has ratified a treaty under which the
United States will join more than 40 other countries,
mainly from Europe, in fighting crimes committed via
the Internet.

Foster's beer shifts ad spending to Web
Australian brewing company Foster's will shift its ad
spending from television to the Internet, according to
a news report.

How the web went world wide
In a few short years the web has become so familiar
that it is hard to think of life without it. Along
with that familiarity with browsers and bookmarks goes
a little knowledge about the web's history. Many users
know that Sir Tim Berners-Lee developed the web at the
Cern physics laboratory near Geneva. But few will know
the details of the world wide web's growth - not least
because the definitive history of how that happened
has yet to be written.

Free speech, libel and the internet age
Internet law professor Michael Geist says the issue of
free speech and the power of the net to disseminate
comment is far from being resolved in law.

uk: Criminal gangs moving into child internet porn
Organised criminals are moving into child pornography
and trafficking an increasing number of women to work
as prostitutes in the UK, according to the first
report from the Serious and Organised Crime Agency

us: Can Internet be really gagged? 
Many countries have attempted to block or ban websites
and blogs on the Internet. Shashwat Charurvedi from
CyberMedia News takes a look at cyber gagging in the
backdrop of the DoT's recent directive to ISPs to
block certain websites and blogs

au: Would an Irish-style split work for Telstra?
What sort of deals are the merchant banks taking to
Canberra to get the Howard Government out of its T3
dilemma? It appears that Babcock & Brown has come up
with a superficially attractive model based on its
plan to split Ireland's national telco Eircom into
infrastructure and retail operations.

au: Plotting the future of broadband
By the year 2010, most Australians should have access
to high-speed broadband connections enabling them to
download high-definition video content. 

nz: Govt may scupper Woosh's TV plans
Wireless telecommunications provider Woosh claims
government regulations may prevent it rolling out new
technology that would see digital television broadcast
on the internet.

au: Tumble prompts fixed-line push
VODAFONE, the No3 mobile network, is seeking alliances
with fixed telecommunications companies as it moves to
address shrinking margins after reporting a dramatic
fall in net profits.
au: IIA calls for widespread 10Mbps broadband by 2010
The Internet Industry Assocation has released a set of
"aspirational goals" for Australia' broadband services
calling for 80 percent of the population to have
access to a service delivering at least 10Mbps
downstream by 2010.

IT and telecommunications on collision course, says
According to IDC?s IT Services and Solutions Survey,
73.7 percent of respondents would consider using the
same provider for both IT services and telecom needs.


Sources include Quicklinks <http://qlinks.net/> and
BNA Internet Law News <http://www.bna.com/ilaw/>.


(c) David Goldstein 2006

David Goldstein
 address: 4/3 Abbott Street
           COOGEE NSW 2034
 email: Goldstein_David &#167;yahoo.com.au
 phone: +61 418 228 605 (mobile); +61 2 9665 5773 (home)

Send instant messages to your online friends http://au.messenger.yahoo.com 
Received on Wed Aug 09 2006 - 12:06:14 UTC

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