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Posts Tagged ‘domain lawyer’

The Internet Commerce Association (ICA), the peak body representing domain name investors and developers, has filed its letter of comment to ICANN concerning the revised Verisign contract for the operation of the .Net registry.

As part of the contract review process, ICANN is being lobbied by intellectual property owners to implement a draconian Uniform Rapid Suspension (URS) system in the .Net space.

The URS has been proposed for new GTLDs, and there are now moves to introduce it into the .Net space by intellectual property holders.

The ICA is opposed to the implementation of the URS. In the ICA’s letter to ICANN it argues that (in relation to the URS):

The .Net registry is far too important to be a “guinea pig” for these incomplete, controversial, and thoroughly untested mechanisms.

Among its submissions the ICA also says:

It is not yet clear what the final form of the URS will be. In particular, it remains unclear whether the URS will be further amended to reduce the burden of proof on a complainant, and to provide a complainant with first option to acquire a suspended domain. The transfer option in particular would make this proposed $300, 500-word complaint, single examiner URS procedure the functional equivalent of the UDRP – which, despite its flaws, offers a far higher level of procedural and substantive due process to domain registrants.

To view a full copy of the ICA submissions click here.

Tags: domain lawyer, domain name lawyers, ICA, IT Law, lawyers, technology law, technology lawyer
Posted in Domain law and domaining, General, IT Law | Comments Off

ICANN has released the eagerly awaited revised draft of the Applicant Guidebook for new GTLDs. This draft document has been released for public comment.

As part of its timeline for the launch of new GTLD domains, ICANN’s release of the Applicant Guidebook is a critical part of the process.

The development of the Guidebook has at times seen hot debate about the process for new GTLD applicants. The Guidebook is made up of 6 modules. The draft Guidebook is also accompanied by explanatory memorandum to assist in interpretation, with ICANN stating:

“These memos were developed to document the latest position on these topics by taking into account the current thinking, discussions and public comments received. Each memo not only reflects GAC advice but also contains the reasoning and rationale on each of the relevant issues regarding the launch of the New gTLD Program and Applicant Guidebook.“

ICANN plans to release the final version by 30 May 2011, prior to its 20 June 2011 extraordinary meeting.

A full copy of the draft Guidebook and explanatory memorandum is available here.

Lawyers and other domain industry participants are encouraged to make submissions on the draft documents.

Tags: domain law, domain lawyer, domain name law, domain name lawyer, ICANN, IT Law, IT Lawyers, New GTLD
Posted in Domain law and domaining, General, IT Law | Comments Off

Domain Name regulator auDA and .au Registry operator Ausregistry today announced that Australia had 2 million .au domain names.

This is a historic achievement which places the .au domain space into the top ten domain name registrations internationally.

AusRegistry’s CEO Adrian Kinderis said:

“The .au domain has the highest penetration rate in the world for regulated namespaces with restricted eligibility when you take into account our population. The .au domain has become part of the fabric of doing business in Australia. We have seen continual strong growth in the namespace despite the global financial crisis and other market factors. .au is Australia’s domain namespace of choice and the only place to show that you are a trusted Australian,”.

Despite the massive growth in the number of domain name registrations, Australia remains one of the most regulated domain name spaces, putting it at odds with other jurisdictions such as Germany and the USA.

 

Tags: auDA, domain law, domain lawyer, domain name law, domain name lawyer, domain name regulation
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In an auction conducted by Drop.com.au yesterday, domain name hardware.com.au sold for a record $33,333.

Hardware.com.au was an expired domain name which Bunnings forgot to renew. It is believed that the purchaser is Woolworths (through their advertising agency) who plan to start a competing hardware business in Australia.

No doubt heads will roll at Bunnings when they learn that a potential competitor has acquired the domain.

Values of .au names have increased dramatically over the past 12 months, however, many investors are still reluctant to invest money in .au due to heavy regulation, some of which amounts to censorship of content.

Tags: domain law, domain lawyer, domain name, domain name lawyer, IT Law
Posted in Domain law and domaining | 1 Comment »

.au name space to become more secure with the rollout of DNSSEC

Details of the rollout of Domain Names System Security Extensions (DNSSEC) in the .au domain name space have recently been released by the au Domain Administration (auDA).

Developed in conjunction with the .au registry operator, AusRegistry, the plan consists of a five stage process to introduce DNSSEC into the .au Top Level Domain (TLD) and second –level zones, including com.au, net.au, org.au and asn.au.

DNSSEC is a security extension that facilitates the digital signing of internet communications. Implementation of the plan hopes to see additional protection against a range of vulnerabilities.  AuDA CEO, Chris Disspain has said in an auDA announcement that “DNSSEC can provide an extra level of security to help ensure that Australian internet users will be directed to the website or service they expect to enter when they enter a domain name into their browser.”

Implementation is scheduled to commence next month and allows for:

-          Experimentation and testing of core systems

-          The gradual signing of second level .au domains and the .au TLD

-          A trail implementation for .au domain registrants, and

-          Full protection rollout to registrants

A review to be undertaken by auDA’s independent Security and Stability Advisory Committee (SSAC), chaired by professor Bill Caelli from the Queensland University of Technology, will be conducted at the end of each stage.

The fifth, and vital stage of the implementation plan will be the active encouragement of Australian ISPs and domain registrants to adopt DNSSEC. auDA believes that the Australian Government will play a significant role in delivering to the ISPs, the message about the importance of DNSSEC for the security of Australia’s internet infrastructure.

We will keep you updated as the implementation process rolls out.

Tags: auDA, DNSSEC, domain law, domain lawyer, domain name, domain name lawyer, domainers, domains, IT Law, technology law, technology lawyer
Posted in Domain law and domaining, General, ISP and Telco Law, IT Law | Comments Off

Cooper Mills Director and Domain Name Lawyer Erhan Karabardak has been appointed to auDA’s 2010 Name Policy Panel.

The Panel, will among other things, review existing auDA regulation concerning domain name eligibility. Erhan was previously a member of the 2004 Names Policy Panel.

The issue of domain name eligibility is one of the more contention issues in the .au space.

The Panel is due to hold its first meeting on September 14, 2010.

Tags: Cooper Mills Lawyers, domain law, domain lawyer, domain name law, domain name lawyer, Erhan Karabardak
Posted in Domain law and domaining, General, IT Law | Comments Off

The ICANN Board has just approved the release of new IDN ccTLD domain names, while at the same time allowing for the creation of the controversial .xxx domain names.

The IDN ccTLD domain names approved by ICANN are:

• CNNIC (China Internet Network Information Center)

• HKIRC (Hong Kong Internet Registration Corporation Limited)

• TWNIC (Taiwan Network Information Center).

Speaking during the ICANN 38 meeting, ICANN CEO Rod Beckstrom announced that:

“One fifth of the world speaks Chinese and that means we just increased the potential online accessibility for roughly a billion people.”

This announcement comes hot on the heels of the recent release of the Russian and Arabic IDN ccTLD, which we announced with great fanfare.

The contraversial .xxx domain was allowed to pass with ICANN saying:

The ICANN board also voted to allow the application for the controversial .XXX top-level domain (TLD) to move forward. The ICM registry applied for the .XXX sponsored top-level domain as a potential community site for the adult entertainment industry. The Board approved a detailed set of next steps for the application, including expedited due diligence, negotiations on a draft registry agreement, and consultation with ICANN’s Governmental Advisory Committee.

The .xxx domain was first mooted in 2000 as a dedicated domain for the Adult industry, but fierce debate from supporters and detractors has raged since then. In 2007 the ICANN Board rejected a proposal to progress the .xxx, but in more recent times members of the ICANN board have expressed support for it, which has resulted in its return as a prominent issue.

Members of the Adult industry had feared that while the .xxx is descriptive of their businesses, that mandatory use of this TLD would isolated Adult websites.

Tags: domain law, domain lawyer, domain name law, domain name lawyer, ICANN, IT Lawyer, technology lawyer
Posted in Domain law and domaining, General, IT Law, Uncategorized | Comments Off

We are working on bringing you some more new and interesting IT Law and Domain Law posts and articles shortly.

To assist us to cater to our audience, if you have any specific requests for IT Law, Domain Law or Telecommunications Law articles or information, feel free to drop us a note at info@coopermills.com.au

Tags: domain law, domain lawyer, IT Law, IT Lawyer, telecommunications law, Telecommunications Lawyers
Posted in Domain law and domaining, General, ISP and Telco Law, IT Law, Podcasts, Privacy, Spam, Trade Practices Law, Uncategorized | Comments Off

The US Federal Court has awarded USD$33 million to Verizon Communications Inc, as a result of OnlineNIC registering and monetising domain names which were found to have infringed trademarks belonging to Verizon.

The Court found OnlineNIC to have registered numerous domain names in bad faith, in an attempt to mislead and take advantage of potential Verizon customers.  The Court concluded that OnlineNIC’s behavour was in “blatant and wilful violation” of the US Anticybersquatting Consumer Protection Act, by registering approximately 663 domain names that infringed 26 Verizon trademarks.

Among the 663 domain names registered in bad faith by OnlineINC were www.verizononline.com, www.verizonwireless.com and www.verizonphoneservices.com. The Court awarded the costs and damages at USD$50,000.00 per domain name registered by OnlineINC, which was “confusingly similar” or identical to Verizon trademarks.

Vice president and associate general counsel for Verizon, Sarah Deutsch said:

“We hope the Court’s decision goes a long way toward protecting consumers from becoming targets of Internet abuses and frauds”.

The judgment is not likely to have any serious impact on the .au space, and proceedings brought against domain name owners for trademark breaches.

Tags: domain law, domain lawyer, domaining, Verizon
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ICANN has just announced that since changes implemented in June 2008, Domain Tasting has dropped a massive 99.7%, which effectively spells the end of the practice.

Domain Tasting, is the practice of registering domains to identify their potential to attract visitors and typically revenue from online ads, and cancelling the registration within 5 days to avoid paying the fees if the domains did not attract visitors / revenue within this period – this was in effect a ‘try before you buy’.

ICANN says (in reference to their solution to this problem):

The solution in brief means that if a company registers and then returns more than a certain number or percentage of domains each month, they are charged for each additional registration above that amount. The result is that domain tasting becomes increasingly expensive the more a company engages in the practice for what may be speculative reasons.

The announcement by ICANN comes after the release of its report: The End of Domain Tasting – Status Report on AGP Measures.

The issue of domain tasting is not one that we have experienced in Australia.

Tags: domain law, domain lawyer, domain name law, ICANN, IT Lawyer
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