[DNS] domain name & governance news - 11 September

[DNS] domain name & governance news - 11 September

From: David Goldstein <goldstein_david§yahoo.com.au>
Date: Wed, 13 Sep 2006 22:45:05 +1000 (EST)
Check out http://auda.org.au/domain-news/ for the most
recent edition of the domain news - already online!

The domain name news is supported by auDA.


Law and Policy for Resolving Domain Name Disputes in
Hong Kong by RICHARD WU (Hong Kong Law Journal)

Summary Judgment Denied in a Case of Creative

VeriSign Digital Branding Bulletin July/August 2006

The DNSSEC "Onus of Reality Check" Shifted to gTLD
Administrations by ICANN by Thierry Moreau

Restrictions of Competition in Internet governance by
FILOMENA CHIRICO (Tilburg Law and Economics Center)
Abstract: This paper analyses and discusses the
regulation of the DNS, i.e. the system of Internet
unique identifiers. There is a widespread belief that
this industry needs a regulator, be it a private one
in which all stakeholders could be represented, or
rather a public international one in which all world
governments could be represented. In this power
struggle, an issue was left substantially
underexplored, that is whether a regulator is needed
in the first place and what the object of the
regulation should be. The paper aims at exploring the
possible answer to such questions, on the basis of an
economic analysis of the industry. After having
described the technical characteristics of the DNS,
the paper presents the current structure of the DNS
industry and attempts an economic analysis thereof, in
search of market failures liable to justify a
regulatory intervention. In particular, it questions
the unsubstantiated assumption that the DNS industry
shows the characteristics of a natural monopoly.

Commerce vs Commentary: Gripe Sites, Parody and the
First Amendment in Cyberspace by JACQUELINE D. LIPTON
(Case Western Reserve University School of Law)
Abstract: The Global Online Freedom Bill of 2006
emphasizes the importance of freedom of speech on the
Internet as a fundamental human right. However, the
backbone of the World Wide Web, the Internet domain
name system, is a poor example of protecting free
speech, particularly in terms of the balance between
speech and commercial trademark interests. This is
apparent from the manner in which the legislature and
the judiciary deal with cases involving Internet gripe
sites and parody sites. The lack of a clear consensus
on the protection of free speech in these contexts is
troubling, and can be found in a number of recent
cases including: use of the peta.org domain name for a
parody site on the activities of 'People for the
Ethical Treatment of Animals'; use of
'bosleymedical.com' for a gripe site about the
practices of the Bosley Medical Institute; and, use of
a misspelling of the Reverend Jerry Falwell's last
name (fallwell.com) for a website critical of the
Reverend's viewpoints on homosexuality. This article
examines how trademark law has come to trump freedom
of expression under the domain name system, and makes
recommendations for regulatory reform to ensure a
better balance of rights in the future. In particular,
it suggests the development of presumptions against
trademark infringement in cases clearly involving
criticism or parody of a trademark holder in

Law and Policy for Resolving Domain Name Disputes in
Hong Kong by RICHARD WU (Hong Kong Law Journal)
Abstract: Domain name disputes, a byproduct of the
growth of the Internet and electronic commerce, are
becoming more frequent in Hong Kong. The author
considers how domain name disputes can be dealt with
under Hong Kong law, having regard to legal
developments on domain name dispute resolution in
other jurisdictions. The author also considers the
Uniform Dispute Resolution Policy ('UDRP') adopted in
1999 by the Internet Corporation for Assigned Names
and Numbers ('ICANN'), the international corporation
responsible for international domain name policy. The
author concludes that Hong Kong should adopt a
UDRP-like dispute resolution procedure, as best suited
to facilitate electronic commerce in Hong Kong.

Domain Names, Trademarks, and the First Amendment:
Searching for Meaningful Boundaries by MARGRETH
BARRETT (Connecticut Law Review)
Abstract: This article argues that domain names for
forum web sites are comparable to the titles of
expressive works, and points out how existing
principles defining and governing the regulation of
non-commercial speech should apply when mark owners
challenge incorporation of their marks into domain
names for gripe sites and other forum sites that
target the mark owner. Unfortunately, courts have
generally ignored the Supreme Court's definition of
noncommercial speech in this context, and the First
Amendment implications of prohibiting the defendants'
use. In particular, courts are equating commercial
speech with the Lanham Act's recently expanded
commercial use requirement. While the commercial use
requirement has served in the past to ensure that
Lanham Act protection is consistent with First
Amendment principles, its recent expansion has
seriously undermined its effectiveness to do so.
The article also examines the interface of First
Amendment protection with the Anticybersquatter
Consumer Protection Act, focusing particularly on how
the courts are construing and applying the forth and
fifth factors that the Act lays out for determining
whether a defendant has the requisite bad faith intent
to profit from the plaintiff's mark. The article notes
several concerns, including a tendency of courts to
undermine the purpose of the fourth factor's safe
harbor for noncommercial fair use by: 1) relying on
recent expansion of the Lanham Act's commercial use
requirement in infringement and dilution cases to find
that the defendant's forum site use was "commercial";
2) focusing on the defendant's intent to harm the
plaintiff, rather than his intent to profit; and 3)
defining "profit" to include non-financial interests,
such as the defendant's personal satisfaction from
airing his criticism of the plaintiff. The article
also points out pitfalls in the courts' construction
of the fifth factor, and suggests alternative
constructions that are more consistent with First
Amendment precedent.

Summary Judgment Denied in a Case of Creative
In the case of Lands? End, Inc. v. Remy, the defendant
website owners were accused of crafting a clever
scheme to get some extra commissions from their
affiliate relationship with landsend.com. It looks
like the scheme has backfired, however, as Lands?
End?s claim against the defendants under the
Anticybersquatting Consumer Protection Act, [15 U.S.C.
?1125(d)] ("ACPA") has survived a summary judgment
motion and the case is heading for trial.

VeriSign Digital Branding Bulletin July/August 2006
Spotlight: In this month?s domain name news, both the
Indian and New Zealand registries have introduced new
dispute resolution policies. The Vietnamese registry
announced it is delaying the launch of second-level
domain names yet again, while Korea announced plans to
launch second-level domain names in September.
Meanwhile, EURid has suspended more than 74,000 .EU
domain names due to concerns about how they were
registered, and the .MOBI registry extended the
deadline for Sunrise applications to allow companies
more time to register trademarks. The future of
Internet governance and threats to U.S. dominance
continue to make the news as ICANN?s contract expires
in September and China moves forward with plans for
launching its Next Generation Internet at the 2008

Will Vista stall Net traffic?
Thanks to new directory software, Windows Vista could
put a greater load on Internet servers. But experts
disagree over whether we're headed for a prime-time
traffic jam or insignificant slowdown. Microsoft's
launch of Windows Vista could slow down or stall
traffic on the Net, said Paul Mockapetris, who is
widely credited with inventing the Internet's Domain
Name System (DNS). Mockapetris believes Vista's
introduction will cause a surge in DNS traffic because
the operating system supports two versions of the
Internet Protocol, a technology standard used to send
information over computer networks.

The DNSSEC "Onus of Reality Check" Shifted to gTLD
Administrations by ICANN by Thierry Moreau
Last month, there was an exchange of letters between a
gTLD administration and ICANN about DNSSEC deployment.
This gTLD administration is PIR or Public Interest
Registry, the gTLD administration for the .org TLD.
Interestingly, PIR is a non-profit organization that
makes significant contributions to ISOC (Internet
Society) initiatives: thus, both ICANN and PIR are
organizations dedicated to the well-being of the

EarthLink Criticized for DNS Redirects
Internet service provider EarthLink is drawing fire
from customers after launching a test program in which
it redirects nonexistent domains to a company-provided
error page containing suggestions, a search box and

RIPE NCC Member Update
The RIPE NCC Member Update is published a month prior
to each RIPE Meeting. The latest edition includes:
Daniel Karrenberg Elected as Chair of ISOC?s Board of
Trustees; Certification of IP Resources; RIPE Policy
Development in 2006; The Internet Governance Forum,
Athens 2006.

ICANN Formalizes Relationship with ccTLD Manager for
ICANN has announced today that it has signed an
accountability framework with the ccTLD manager for
.gt--Guatemala, Universidad del Valle de Guatemala.

ICANN Strategic Planning Process for the July 2007 -
June 2010 Strategic Plan
The ICANN Strategic Plan is a three year plan that is
reviewed and updated annually. The ICANN planning
calendar is divided into separate, two month segments.
Strategic planning occurs during the first six months
of the fiscal year and operating planning and
budgeting occurs during the second six months. The
present strategic and operating plans can be found at
, respectively.

JPRS Updated the List of Japanese JP Domain Names for
Government and Started Registration for Relevant
Government Organizations (news release)
JPRS today published the updated list of Japanese JP
domain names reserved for the Japanese government, and
started accepting application for registration of the
listed domain names by the relevant government

Netcraft September 2006 Web Server Survey
In the September 2006 survey we received responses
from 96,854,877 sites, an increase of 4.2 million
(4.3%) from last month's survey. This continues the
accelerated pace of Internet growth in recent months,
as the survey has gained 15.5 million sites since

iMonetize.com Creates an All in One Solution for
Domain Name Investors Active in Search Marketing (news
iMonetize.com utilizes a unique and exclusive
technology to find and generate the most profits for
domain name speculators (AKA - Domainers). With an
ever-growing list of features, iMonetize.com is a one
of a kind all in one domain monetization solution.

Why the internet is at risk of splitting (reprinted
from The Guardian)
The internet is a global revolution in communication -
as long as you speak English. ACCORDING to Kaled
Fattal, "People say the net works, but it only works
for those communities whose native language is
Latin-based. The rest of the world is totally
isolated." Fattal speaks perfect English but, as
chairman and chief executive of the Multilingual
Internet Names Consortium (MINC), and an Arab, he
knows most of the world's population does not.

OECD: Making Privacy Notices Simple: an OECD Report
and Recommendations  	
Privacy notices are an excellent tool to disclose an
organisation's privacy practices and policies.
Research suggests, however, that many notices are too
lengthy, confusing, and contain complex legal
language. This report recommends that privacy notices
be short, simple and usable to make it easier for
individuals to assimilate the information they contain
and to compare the privacy practices of the
organisations processing their personal data.

Survey of the Law of Cyberspace: Internet Contracting
REYNOLDS II (Business Lawyer)
Abstract: This article reviews recent developments in
the United States and the European Union involving
Internet transactions. It describes those developments
and analyzes both from a normative and practical

An Asian Perspective on Online Mediation by SANJANA
Abstract: This paper challenges the current paradigm
being used for development of online dispute
resolution and its application to the Asia Pacific
region. Instead, it suggests that a more Asia-Pacific
perspective needs to be taken that responds to the
patterns of technology adoption in this region. In
particular, the next generation of online dispute
resolution systems will need to reflect the rich
diversity of cultures in Asia and its unique
socio-political textures. In doing so, these ODR
systems will need to address peacebuilding and
conflict transformation using technologies already
prevalent in the region, like mobile telephony and
community internet radio. Practical suggestions are
made for future areas of development in ODR after a
brief exploration of key challenges that influence the
design of such systems.

Internet Stings Directed at Pedophiles: A Study in
Philosophy and Law by JOSEPH S. FULDA (Sexuality &
Culture, 2007)
Abstract: This paper considers a jurisprudential issue
that has heretofore not received much attention: Do
Internet Stings Directed at Pedophiles Create
Offenders or Capture Offenders?, to paraphrase my 2002
article in Sexuality and Culture which opened this
subject. Section II presents the jurisprudential
argument, while Section I gives a framework for
classifying work in jurisprudence as (1) an
application of ethics and allied fields to legal
matters - the traditional definition, (2) a
philosophical examination of a legal question, the
argument does not depend on ethical premises but
rather given data only appeals to (already) shared
ethical premises, and (3) a kind of examination that
takes existing legal frameworks as a given and then
makes an ethical argument within those frameworks,
with the aim of achieving logical coherence of the

Cracks in the Foundation: The New Internet
Legislation's Hidden Threat to Privacy and Commerce by
JOSHUA FAIRFIELD (Arizona State Law Journal)
Abstract: Scholarship to date has focused on the legal
significance of the novelty of the Internet. This
scholarship does not describe or predict actual
Internet legislation. Instead of asking whether the
Internet is so new as to merit new law, legislators
and academics should re-evaluate the role of
government in orchestrating collective action and
change the relative weight of enforcement, deterrence,
and incentives in Internet regulations. A perfect
example of the need for this new approach is the
recent CANSPAM Act of 2003, which was intended to
protect personal privacy and legitimate businesses.
However, the law threatens both of these interests,
because it does not recognize either the limits of
enforceability, or the enhanced possibilities for
incentives offered by the decentralized architecture
of the Internet.

The SAFT Parental Survey 2006
The results from the SAFT 2006 Parental Survey about
monitoring and knowledge about children's use of the
Internet and mobile phones.

au: New program to shield kids
THE government is warning children of the dangers of
online sexual predators and bullying via a new
computer educational program.

uk: 'Name and shame' plan for websites
Websites that fail to protect children from sexual
predators could face legal action from a new online
child protection agency. The huge popularity of social
networking sites such as MySpace, where millions of
youngsters have posted personal information, has
increased concern at the potential for paedophiles to
'groom' youngsters for abuse through the internet.

uk: Please get interfering government ministers out of
our bedrooms
The proposal to legislate against violent pornography
is not only unworkable, but fundamentally intrusive,
putting government where we least want it - in our
bedrooms - writes Carol Sarler

cn: Wikipedia defies China's censors
The founder of Wikipedia, the online encyclopaedia
written by its users, has defied the Chinese
government by refusing to bow to censorship of
politically sensitive entries.

us: Xanga to Pay $1 Million in Children's Privacy Case
Social-networking site Xanga.com Inc. and its
operators said yesterday that they would pay a $1
million fine for alleged violations of the Children's
Online Privacy Protection Act, at a time of heightened
parental and government concern about children's
safety online.

us: Web social site Facebook hit by privacy protests
Facebook.com, a fast-growing U.S. social network Web
site, has sparked a privacy backlash that has quickly
become one of the broadest cyber-protests ever with
more than 600,000 members signing an online petition
by midday Thursday.

us: Facebook adopts new privacy controls
Fast-growing U.S. social network Web site Facebook
said on Friday it has adopted new privacy controls
following an unprecedented online backlash over a new
feature that let users track their friends online.

au: Charges over web auction fraud
A SYDNEY man will face court today on fraud charges
relating to the sale on non-existent iPods on an
internet auction website.

OECD: Broadband bubbling
Though the dot.com crash of 2001 burst the e-commerce
bubble, recent figures show that broadband has
remained dynamic. Indeed, growth in the number of
broadband Internet connections in OECD countries has
risen from an average of 2.9 in 2001 to 13.6
subscribers per 100 inhabitants in December 2005.

Korea: Hooked on Online Gaming
Some experts say the nation's addiction is a bigger
concern than alcohol, gambling, or drugs

Business trumps porn online
SEX and pornography have been trounced by business and
e-commerce as the most popular internet search topics,
new research shows.

25-Year PC Anniversary Statistics: IBM-Compatible PC
Sales have topped 1.5B Units Worth $B3,100.
The IBM PC was announced on August 12, 1981 and became
available for sale two months later. Because IBM
encouraged other companies to develop IBM-compatible
PCs, it quickly became a standard for the whole PC
industry. Compaq introduced the first IBM-compatible
PC in January 1983 and over 100 other companies
followed in the next decade. In the early 1990s
Microsoft wrestled away IBM?s leadership of the PC
standard and it became Windows-compatible PCs.

Why the iPod is losing its cool
Apple has added ever more extras to its digital
music-player in a bid to stem falling sales. But fears
are rising that the device is now too common to be
cutting edge.

Why Vista will mean the end of the Microsoft monolith
Well, the long wait is nearly over. Microsoft's
elephantine parturition has produced an heir. Last
week the company distributed 'Release Candidate 1'
(RC1) of Vista, the new incarnation of Windows, to
about 5 million favoured customers. Think of it as the
final beta of the software. Microsoft says it is still
on course to deliver a version to corporate customers
in November, followed by a consumer release to
high-street dealers in January.

nz: Telecom Separation Model only goes halfway! (news
Telecom today appeared before the Select Committee
investigating the Telecommunications Act regulatory


Check out http://auda.org.au/domain-news/ for the most
recent edition of the domain news - already online!

The domain name news is supported by auDA.

Also see
for an archive and to subscribe to the domain name or
general internet news.

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)

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Received on Wed Sep 13 2006 - 12:45:05 UTC

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