Issue 45 - 2nd November - This week: 1. gTLD Update 2. Industry News 3. Nic News 4. NetNames News 5. Fact of the week
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This week we bring you news of a groundbreaking cybersquatting case in the UK, which has ruled that individuals have the right to hold domain names containing the name of a governmental agency which criticises a government department.

Please note that .name domain applications and defensive registrations are now available through www.gtld.com.

As ever, please let us know if you have any questions.

Kind regards, Colette - N3lite@netnames.com

1. gTLD Update

Progress made on .coop ICANN agreement

The .coop registry this week announced that it has reached the final stages of negotiations with ICANN. The ICANN board passed a resolution in its meeting in September approving completion of the .coop contract on the basis of the standard forms of contract that are being used for the other sponsored TLDs.

 

2. Industry News

Domain name resolution upholds freedom of speech

A landmark domain name case in the UK this week ruled that an individual can use a domain name containing the name of a government agency for the purpose of criticising the government's activities.

The domain name in question, dorsetpolice.com had been used by the registrant, Gerry Coulter, to host a website containing criticism of the registrant's local police service. The Dorset Police service initiated legal proceedings under the ICANN UDRP (Uniform Dispute Resolution Policy) to try and recover the name, claiming that the website was offensive "to the point beyond libellous" and that the registrant had no legal right to the name.

However, the arbitrators ruled that Mr. Coulter had the right to freedom of expression and "there is a general, legitimate interest in allowing citizens to use descriptive domain names to publish criticism about their government."

The case has been described by the defending attorney, domain name expert Stephen H. Sturgeon as "extraordinarily important to the future of the Internet." This was the first time that a government agency had tried to transfer a name to its ownership that was being used to criticise the government.

In its UDRP complaint, the Dorset Police reported that Mr. Coulter had offered to sell the domain to them for £100,000, something that often helps the plaintiff establish bad faith. However, the arbitrator pointed out the Mr. Coulter had chosen his price based on what he thought the dispute with the police had cost him.

18 month sentence for cybersquatter?

Indonesia's first domain name dispute this week set a severe precedent, when the court threatened to sentence the defendant to 18 months in jail for cybersquatting and engaging in unfair competition. The sentence is due to be passed next week.

3. NIC News

ICANN hands over control of .au to auDA

ICANN (the Internet Corporation for Assigned Names and Numbers) this week handed over control of the .au ccTLD to the .au domain authority.

The domain had been managed voluntarily by Robert Elz, a reportedly reclusive programmer from Melbourne University, since March 1986. He had argued for the Australian government to take over the control of the domain, rather than a private sector body like auDA.

auDA will be responsible for introducing competition in the Australian domain name registration space, the evolution of .au names policy and the introduction of an Australian domain name dispute resolution process.

NeuStar to manage .us domain

The US Commerce Department's National Telecommunications and Information Administration (NTIA) this week announced the award of a contract to NeuStar Inc., for the management of the .us domain space. The contract will run for four years, with an option to administer the domain for a further two years.

NeuStar will provide technical management of .us and enhanced services for .us consumers. The company, based in Washington, currently operates the central database of North American telephone numbers.

The move sets the stage for greater commercialisation of a domain that has until now been reserved for local governments, schools and libraries. Neulevel has stated that any American consumer or business will be eligible for a .us domain.