[DNS] domain name & governance news - 2 October

[DNS] domain name & governance news - 2 October

From: David Goldstein <goldstein_david§yahoo.com.au>
Date: Wed, 4 Oct 2006 05:26:15 -0700 (PDT)
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.


ICANN independence closer

U.S. takes big step to end Net oversight (IHT)

uk: Nominet election shambles sparks call for re-vote
Prospective board candidates for UK registry Nominet have called for a re-run of the election - just hours after the ballot closed and before the votes have even been counted.

ie: Irish firms lose out in domain registrations

Celebrating the 25th anniversary of the TCP/IP Internet standards (news release)

A New Wave of Web Addresses - But who's signing up and why?

More than 75,000 sign up for wireless Internet sites

Rethinking Accountability in Cyberspace: A New Perspective on ICANN by KEES DE VEY MESTDAGH and RUDOLF W. RIJGERSBERG (University of Groningen)
Abstract: One of the most persistent debates regarding Internet governance concerns ICANN's accountability deficit. This paper identifies the habitual application of a State frame of reference by which scholars and politicians address accountability issues regarding the domain name system as the source of this debate. Re-examination of the assumptions underlying two exemplary solutions, direct elections and intergovernmental supervision, shows that the State frame of reference informing this debate ultimately breaks down. The availability of alternative services renders the call for a State-based model by which to judge and design ICANN's accountability provisions superfluous. The latter part of the paper shows that a market model is more appropriate to assess ICANN's accountability mechanisms and its role amongst other domain name services providers. In addition, a market frame of reference enables us to understand ICANN's hybrid organisational structure better.

IPv6 Internals by Iljitsch van Beijnum
This article discusses some of the protocol details you should be aware of when planning a transition from IPv4 to IPv6. Although it is not intended as a complete step-by-step guide, this article explains the differences between IPv4 and IPv6 as they relate to actually operating a network. Vendor-and operating system specific details can be found in the book from which this text was adapted, and further information is available in the references.

United Nations Secretary-General Welcomes ?Network of Networks? to Spread Digital Revolution (news release)
United Nations Secretary-General Kofi Annan told leaders from business, finance, Government and the media that their participation in the Global Alliance to step up access to digital technology gives an important direction to ?our work towards an open and prosperous information society? and ?the use of ICT [information and communication technology] as a tool for advancing development?.

League of Nations, United Nations, Next: United Cyber Nations by Mustafa Syed
In 1973 when I took my first step in the field of IT, then generally called EDP or Electronic Data Processing I didn?t have the faintest idea of what I would be doing about 30 years down the road. Even if I had attempted to envisage it I would have only imagined working with large state-of-the-art networked computers. Of course those days the size mattered. Today when I look at myself, I am partly everything; a manager, a security specialist, an IT professional and even a little bit of a paralegal professional.

WSIS Action Line C5: Partnerships for Global Cybersecurity Website Unveiled
The ITU has unveiled a new website Partnerships for Global Cybersecurity dedicated to moderation/facilitation activities related to implementation of WSIS Action Line C5: Building Confidence and Security in the Use of ICTs. 

New Agreement Means Greater Independence in Managing the Internet's System of Unique Identifiers (news release)
ICANN has signed a new agreement with the United States Department of Commerce (DOC) that is a dramatic step forward for full management of the Internet's system of centrally coordinated identifiers through the multi-stakeholder model of consultation that ICANN represents.

ICANN agreement paves way for DNS transition (news relase)
ISOC welcomes the agreement announced today between the United States Department of Commerce (USDoC) and ICANN. The agreement ensures continued stability of the Internet by setting the foundation for an orderly transition of the Domain Name System (DNS) to the private sector. It also demonstrates clear support for ICANN and the role it plays in coordinating those activities related to the Internet's system of unique identifiers.

Internet control 'nears autonomy'
The US government says it will maintain oversight of the internet but with far less hands-on involvement. Icann has been given more independence in a new agreement for the next three years. Dr Paul Twomey, ceo of Icann, said the deal was "a major step forward for Icann autonomy".

FT Briefing: Internet governance
The debate over internet governance dates back to the very early days of the network. First developed in 1969 by the US military, the internet was designed to withstand attack through its ?distributed? design ? if part of the network was destroyed, the remainder would continue to function.

ICANN independence closer
THE world's peak internet names regulator said it had taken a major step toward cutting its ties to the US government and ending impatience among countries calling for the regulator's independence. The article quotes Chris Disspain, auDA's CEO, whose comments included the move came as a surprise. The US had recently given indications that it was not prepared to loosen its grip on the regulator he said. Further, "I'm particularly pleased because there have been some things said by the US government over the last 12 months that have indicated they perhaps wouldn't be prepared to move further down the road of transitioning to the private sector.

InternetNZ welcomes new independence of ICANN
The world's internet name provider, ICANN, took a major step towards gaining full independence from the United States after signing an agreement with US Department of Commerce.

U.S. takes big step to end Net oversight (IHT)
The U.S. Department of Commerce renewed its partnership with ICANN for another three years, but agreed to a much lighter touch in what experts called a big move toward private-sector control of the global network.

EU and US get closer to an all out fight over Internet Addressing system that can control world trade in future
For now US will keep the control over Internet root directory. Icann has been accused by may countries about their secrecy and stealth support for American interests. China was very vocal and is even planning its own Internet root directory management system. EU joins China and other countries in telling US to hand over the Internet to world supervisory bodies.

US keeps control of key web system
The US is to retain its controversial control of the internet?s core addressing system, at least for now, though it moved a step closer on Friday to handing responsibility for this key part of the online medium to a fully independent body.

US gov't retains ICANN oversight (IDG)
The U.S. government will remain involved with the management of the Internet's domain name system after its current agreement with ICANN expires on Saturday.The decision comes despite international pressure advocating for the U.S. government to bow out and make ICANN a totally autonomous entity. 

Government Keeps Control of Web Domain Group ICANN (Reuters)
The U.S. Commerce Department said on Friday it would retain oversight for three more years of the company that manages Internet domain names, renewing an agreement that was scheduled to expire this weekend. 

Internet oversight by U.S. extended (AP)
The Commerce Department promised Friday to take more of a hands-off approach to the Internet as it extended for three years its oversight of a California organization that handles network-address issues.

US Commerce Department loosens grip on ICANN
The US DoC and ICANN have signed a new agreement extending the Commerce Department's oversight of ICANN while loosening the apron strings tying them together. Most significantly, the agreement may lead to the Commerce Department's cutting ICAAN free from oversight in 18 months.

Another View of the New ICANN-DoC Agreement by Milton Mueller
The new MoU, called a Joint Project Agreement is a cosmetic response to the comments received by NTIA during its Notice of Inquiry in July 2006. The object seems to be to strengthen the public?s perception that ICANN is relatively independent. But the relationship between the USG and ICANN is fundamentally unchanged. In one important respect, the JPA has actually increased direct US intervention. If the new agreement was a movie, it might be seen as the sequel to the .xxx domain veto exercised by the U.S. Commerce Department last year.

ICANN and the DOC
Susan Crawford writes on the announcement of the continuing relationship with ICANN and U.S. Department of Commerce. She makes three personal points. In summary they are ICANN is no longer bound by the specific set of milestones that were in its prior MoU with DOC; ICANN has a very long way to go in creating adequate accountability and transparency mechanisms for policymaking for gTLDs, only aspect of ICANN she says needs improvement; and the Preliminary Report of the recent Board meeting reflects that the Board adopted the new agreement with the DoC and doesn?t reflect statements such as hers and other Board members.

uk: Nominet election shambles sparks call for re-vote
Prospective board candidates for UK registry Nominet have called for a re-run of the election - just hours after the ballot closed and before the votes have even been counted.

ie: Irish firms lose out in domain registrations
IT was supposed to offer companies a chance to embrace their European identity but instead the process of obtaining an .eu domain for websites has left many Irish firms complaining of European bureaucracy.

Internet Law - The Initial Interest Confusion Theory: The Beginning of Liability for Search Engine Companies
One of the leading U.S. cases on the issue of liability for the use of trademarked terms is Brookfield Communications, Inc. v. West Coast Entertainment (Brookfield). The case concluded with a remarkable decision that marked the beginning of a new liability era for those using trademarked words in their advertisements. Brookfield held that the defendant company was liable to the plaintiff company, under the Trademark Infringement and Unfair Competition Laws of the U.S. Lanham Act for the defendant?s use of plaintiff?s trademarked term in defendant?s Meta tags in Defendant?s websites, even if no actual damage existed. This case introduced the Initial Interest Confusion liability theory that is still applicable in the U.S. Courts.
Of the legal issues in the case, the Court considered whether there was an infringement of trademark claim; second, whether there was an unfair competition claim. These two issues were solved after intellectual property considerations in part that that related to the use of trademarked terms in domain names.
Third, and most important for us in this discussion, the Court considered whether West Coast Entertainment Company (defendant) was liable for the use of the trademarked term ?movieBuff? in the Meta tags in its website ?westcoastvideo.com? or any other website different than ?movieBuff.com.? The Court decision was in the affirmative. The Court held that due to the Initial Interest Confusion theory, West Coast Entertainment Company was liable to Brookfield for the use of its trademarked term in the Meta tags of defendant?s websites other than ?movieBueff.com.?

Celebrating the 25th anniversary of the TCP/IP Internet standards (news release)
Two of the core protocols that define how data is transported over the Internet are now 25 years old. The Internet Protocol (IP) and the Transmission Control Protocol (TCP), together known as TCP/IP, were formally standardized in September 1981 by the publication of RFC 791 and RFC 793.

8 tips in 8 minutes: Securing domain controllers
All your servers are important -- file servers, application servers, Web servers -- and securing them is essential to protecting the data and operations of your enterprise. But most of those servers can be isolated or replicated or backed up. If you run a full Windows network, chances are the one server on your network you can least afford to lose is your domain controller. As an essential component of your Active Directory, domain controllers house vital information regarding your Windows network. A cracker that compromises a domain controller can gain access to any system he chooses. These eight tips will help you form your domain controller policies, secure your domain controllers, check your work and test that your DCs are secure.

Outreach Program for Latin America VideoConference Event, Wednesday, October 4, 2006 (transmitted in Spanish only)
ICANN undertakes different partnership and information sharing activities to all stakeholders; including governments. This proposal seeks to complement those activities with a regional session, the purpose of which is to provide a greater understanding of what ICANN is. This session aims to provide information and participation opportunities to all stakeholders, in particular governments, with a special focus on developing countries in Latin America.

Regain .eu Domains with Domeny.pl (news release)
Domeny, a domain name registrar, today announced that it will offer ADR proceedings to organisations which were unable to register .eu domains.

A New Wave of Web Addresses
An Irish company is registering new names with a mobile-friendly dot-mobi extension. But who's signing up and why?

More than 75,000 sign up for wireless Internet sites
More than 75,000 "dotmobi" domain names were registered Tuesday in the first day of the open registration period for the wireless websites, according to the Mobile Top Level Domain firm conducting the registration.

Landrush opens for .mobi
A new internet domain specifically designed for mobile phone viewing has opened for sale. The .mobi domain has finished its trade mark-protecting 'sunrise' period and has put all available addresses on general sale.

A New Wave of Internet Addresses
Verizon's general counsel, Sarah Deutsch, says the land grab is more of a forced march, where big-name companies are warned to buy a claim or risk brand damage. "Anytime one of these top-level domains is introduced, we are forced to register these domains proactively because if you don't do that, you are going to find your trademark infringed. It might be linked with pornography or phishing or fraud," she says.

ICANN Formalizes Relationship with ccTLD Manager for Nicaragua
ICANN has announced today that it has signed an accountability framework with the ccTLD manager for ni--Nicaragua, Universidad Nacional del Ingernieria.

Why you need to buy a .mobi name
In a crowded field of domain-name extensions, new .mobi names are proving popular among multinational corporations looking for ways to exploit the popularity of cell phones that can access Web content.

us: Candidate's Web site greets with a 'Smile'
...  As Cline set off on his election run last month, his campaign literature told supporters that they could log onto his Web site at http://www.clineforcouncil.org for more information. But at that time, he had yet to register his domain name. Menlo Park resident Sue Kayton beat him to it, but said there was no political cyber-fraud. She said she was just trying to make a point, saying that if Cline wanted to be a serious council contender, he should have paid better attention to detail.

uk: Butler, the Domain Man (domain monetisation)
A company that would rather describe itself as ?domain name strategists?, rather than ?cyber-squatters?, has beaten the Daily Record to register a web address sounding awfully close to its recently-launched evening editions.

us: Troopers, highway patrol fight over domain name
The union representing New Hampshire State Police troopers wants another law enforcement group to stop using an Internet address similar to its own site.

OpenDomain Donates Use of Web Addresses to Encourage Online Collaboration (news release)
A Pennsylvania entrepreneur who owns registered Internet Web site domain names is allowing individuals and organizations to use many of them for free to encourage people who develop Internet applications to share information and contribute computer codes online.

Costar v. Loopnet: Protection of the Internet at the Expense of Copyright Protection? by Wes Barger
Under the Copyright Act, any infringement of a copyright, either intentional or otherwise, makes one liable to the copyright holder. However, courts were split on how to deal with this issue in regards to ISPs. Some courts favored a strict liability approach while others leaned towards finding no liability for purely passive actions that led to infringement. To remedy this split, Congress passed the Digital Millennium Copyright Act, (?DMCA?) which provided a safe haven for ISPs under particular circumstances. While the split over the approaches to liability was resolved, the general question of whether liability existed was not, and new questions arose; such as were the traditional infringement defenses rendered useless with the passing of the DMCA and would active steps to prevent infringement actually increase an ISP?s exposure to copyright liability? This note discusses the Fourth Circuit?s answers to these questions, in CoStar Group, Inc. v. LoopNet, Inc., and forecasts how the CoStar decision will be applied to future decisions.

The Constitutionality of WIPO's Broadcasting Treaty: The Originality and Limited Times Requirements of the Copyright Clause
Because the proposed WIPO Broadcasting Treaty extends perpetual copyright-like protections to unoriginal information, its implementation would violate at least two fundamental limitations on Congress's Copyright Clause power: the originality and ?limited times? requirements. But Congress has a trump card?the Commerce Clause. This iBrief argues that to give proper effect to the limitations of the Copyright Clause, Congress should not be allowed to implement copyright-like legislation under the less restrictive Commerce Clause.

Principles of Internet Privacy by FRED H. CATE (Indiana University School of Law/Connecticut Law Review)
This article identifies principles that should undergird the government's efforts to protect privacy and craft privacy norms, and then contrast the application of those principles in particular settings identified by Professor Paul Schwartz in his article Internet Privacy and the State.

The Changing Face of Privacy Protection in the European Union and the United States by FRED H. CATE (Indiana University School of Law/Indiana Law Review)
This Article examines the expanding conflict and emerging compromises between the European Union and the United States over data protection. After describing each of the legal regimes and the principles that undergird them, the article concludes by addressing the conflict between those principles, current political efforts to minimize that conflict, and the inadequacies of both systems in the context of the Internet.

Who supports Internet censorship? by Craig A. Depken, II
Abstract: Censorship is the moral or legislative process by which society ?agrees? to limit what an individual can do, say, think, or see. Recent attempts to regulate, i.e., censor, what is viewed on the Internet have polarized the general population. Unfortunately, beyond the anecdotal, the characteristics of those who support Internet censorship are unknown. In this study, the support for Internet censorship is empirically analyzed using survey data. Notwithstanding the potential limitations of survey data, the results indicate the characteristics of those who tend to favor and disfavor Internet censorship. Specifically, concerns over pornography and concerns over government regulation on the Internet are the two most polarizing elements of the relative support for censorship, which suggests that the debate over this issue will not be easily resolved.

Sexual and pornographic Web searching: Trends analysis by Amanda Spink, Helen Partridge, and Bernard J. Jansen
Abstract: The level of sexual or pornographic Web searching is a major subject of political debate, particularly in the United States. United States federal prosecutors recently, as of 2006, requested that the major Web search engines, Yahoo, American Online (AOL), MSN and Google provide a sampling of their search queries and indexes of Web sites, in order to allow the examination of various aspects of pornographic searching and retrieval. This paper examines studies that have analyzed Web search logs to determine the level of sexual or pornographic searches on publically available Web search engines from 1997 to 2005. Results show that sexual or pornographic queries have declined as a proportion of all Web queries since 1997 and currently represented less than four percent of Web queries. In conclusion, the paper provides perspectives on the results, including issues of self?regulated choice and human mating behavior.

Unpacking ?I don?t want it? ? Why novices and non?users don?t use the Internet by R. Michelle Green
Abstract: The simple statement ?I don?t want the Internet? hides misperceptions and personal beliefs that many novices and non?users hold about technology. Most non?users have limited opportunity to interact with those embracing technology. Inclusion in (and exclusion from) a technologically rich lifestyle creates feedback loops that inhibit technology learning in non?users, while facilitating it in experienced users. Such factors compound, leaving non?users unaware of and uninterested in technology?s benefit.

au: Schools advised to target blogging bullies
LEGAL advice about cyber bullying has been sent to all NSW schools in response to threats against teachers and students on internet blog sites.

EU Kids Online
European Research on Cultural, Contextual and Risk Issues in Children's Safe Use of the Internet and New Media. EU Kids Online is a project funded by the EC Safer Internet plus Programme (see What is Safer Internet?) The EU Kids Online project (2006-2009) will examine research carried out in 18 member states into how children and young people use the internet and new media.

us/eu: U.S. Joins Council of Europe Convention on Computer-Based Crime
The United States is now a party to the Council of Europe (COE) Convention on Cybercrime, the only multilateral treaty that specifically addresses the problem of computer-related crime and electronic evidence gathering, the White House announced September 29.

br: Google Appeals Brazilian Order on Orkut (AP)
Google Inc. appealed on Thursday a federal judge's order to turn over information on users of the company's Orkut social-networking service.

br: Google to miss Brazil judge's deadline to turn over info
Google Inc. will not meet a Brazilian judges' deadline to turn over information on users of the company's social networking service Orkut, a spokeswoman said Wednesday.

us: Lawmaker Quits Over Messages Sent to Teenage Pages
On Friday, Mr. Foley resigned abruptly after being confronted with a series of sexually explicit Internet messages he is reported to have sent to under-age Congressional pages. He stands accused of being the very kind of predator he had denounced.

nl: Internet Freedom Reigns in Amsterdam (Reuters)
Amsterdam has the world's busiest Internet exchange, thanks to nuclear physicists and mathematicians who in the 1980s connected their network needs with the academic belief that knowledge needs to be free.

uk: Still Independent after all these years
This week the paper that galvanised Fleet Street, The Independent, turns 20. What a lot has changed since 1986 - The article looks at the changes to newspapers in the UK, focussing on the 20th birthday of the Independent, and includes how the internet is changing newspapers.

Flirting with danger
Elissa, 43, is married with two school-age children, and loves the internet. She catches up on surplus office work via the home computer, regularly emails relatives interstate and, just to relieve the suburban boredom, shuffl es time spent on eBay with about an hour every few weeks having cybersex in adult chat rooms.

Rise of the web's social network
BBC Click examines how sites are allowing like-minded users to find and interact with one another.

Active Home Web Use by Country, August 2006
There was an overall increase in active Web users in August, with incremental growth in all 10 countries tracked by Nielsen//NetRatings except for the U.K.

Getting the internet on track
Internet access on aircraft has been slow to take off, but it could be coming soon to a railway carriage near you

Splitting the digital difference
A variety of novel approaches aim to bridge the gap between mobile phones and PCs in the developing world

nz: Academics to face off in debate
Bronwyn Howell, the Victoria University academic attacked for her criticism of the Government's telecommunications reforms, has issued an invite to Covec economist John Small to a public debate to discuss the merits of unbundling.

nz: Serious flaws revealed in Bronwyn Howell submission to Select Committee (news release)
InternetNZ and TUANZ have today released two papers critiquing the submission of Bronwyn Howell, a Victoria University academic, to the Finance and Expenditure Select Committee on the Telecommunications Amendment Bill.

nz: Internet guru relishes NZ connections
Catherine Harris talks to a low-key internet guru about his intriguing career and his links to New Zealand. Internet architect Roy Fielding gets back to New Zealand less often than he would like, but his Kiwi connection lives on in his latest project.

Convergence, or just a tangled mess of ideas?
Mobile Workshop The word "convergence" is responsible for a lot of confusion in the industry. In some circles it means the coming together of all voice, video and data on an IP network with delivery based on the circumstances or "presence" of the user. In others, it's about getting mobile and fixed line communications working together more sweetly, often backed up by the delivery of TV and broadband as a triple or quad play, all on one bill.

The Mobile Telecommunications Market is Expected to Show Steady Growth Between 2006/2007 (news release)
This Market Report covers the UK market for mobile telecommunications services. Cellular or mobile services make up one sector of the wider telecommunications market, which also covers fixed-line and other end-user services. Cellular telephony covers the provision of voice and data transmissions whereby services are not delivered via a fixed line or link. In a cellular service, handsets originate and receive voice and data transmissions, from which revenues are generated.

it: Telecom Italia Convergence Is Derailed (AP)
Telecom Italia took a detour from the road to convergence that most mobile and fixed-line operators have been treading, and wandered into a controversy that has spread from the market to the parliament.

OECD Foresight Forum on Next Generation Networks on 03-Oct-2006
The OECD's Information, Computer and Communications Policy Committee (ICCP) is currently planning a one-day international Forum on "Next Generation Networks: Evolution and Policy Considerations", which will be held on Tuesday, 3 October 2006 in Budapest, Hungary.


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


(c) David Goldstein 2006
David Goldstein
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Received on Wed Oct 04 2006 - 12:26:15 UTC

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