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Cash-for-gold site seizes “sucks” domain

Kevin Murphy, October 19, 2010, Domain Policy

An Arizona cash-for-gold company has successful recovered a “sucks” domain name via UDRP, after it emerged that the anonymous gripe site was actually run by a competitor.

Valley Goldmine filed the UDRP complaint against the domain valleygoldminesucks.com back in August. As I reported, the contested domain contained a mere two blog posts, both dating to May 2009.

Up until about a month ago, the registrant’s identity was protected by Go Daddy’s privacy service.

But Valley Goldmine used a subpoena to identify the actual registrant, and it turned out to be the operator of Gold Stash For Cash, a direct competitor, which does business at goldstash.com.

The site was created after a local TV news report had ranked Valley Goldmine higher than GSFC in an “investigation” into cash-for-gold companies. The blog posts, ironically, attacked the report’s objectivity.

Despite precedent largely protecting “sucks” domains on free speech grounds, this was enough for WIPO panelist Maxim Waldbaum to find against the registrant on all three requirements of the UDRP.

Interestingly, Waldbaum used the fact that the domain satisfied the “bad faith” part of the UDRP to justify the “confusingly similar” criterion.

The associated website has high placement on search engine results for the Mark and is operated by the principal of a direct competitor of Complainant. Respondent’s use of the Disputed Domain Name in this context is precisely within the list of bad faith criteria under paragraph 4(b) of the Policy, which, in this Panel’s view, clearly indicates Respondent’s intent to create confusing similarity in the minds of Internet users.

The fact that GSFC stood to benefit financially from anonymously bad-mouthing its competitor clearly over-rode any free speech concerns, which does not seem unreasonable.

The panelist concluded:

Although cloaked in the mantle of a gripe site, Respondent’s website is quite clearly a platform for Respondent to cast aspersions on the reliability of a report that portrayed his company in a negative light and his competitor in a positive light, and to otherwise sling mud.

Amusingly, while GSFC appears to own goldstashforcashsucks.com, a third party owns goldstashsucks.com.

IPv4 depletion “imminent”

Kevin Murphy, October 18, 2010, Domain Policy

The pool of IPv4 address space available to regional internet registries will likely expire in “early 2011”, according to the Number Resource Organization.

ICANN/IANA said today that it has allocated two more /8 blocks of IPv4, approximately 33.5 million addresses, to APNIC, the Asia-Pacific RIR.

This means there are only 12 /8 blocks left, about 5% of the total allowable addresses under IPv4.

Under IANA’s rules, the final five /8s will all be allocated at the same time, one to each of the five RIRs. So there are only seven left to be handed out under the normal process.

The NRO followed up ICANN’s blog post with a press release stressing the importance of adopting IPv6. From the release (my emphasis):

“This is a major milestone in the life of the Internet, and means that allocation of the last blocks of IPv4 to the RIRs is imminent,” states Axel Pawlik, Chairman of the Number Resource Organization (NRO), the official representative of the five RIRs. “It is critical that all Internet stakeholders take definitive action now to ensure the timely adoption of IPv6.”

According to current depletion rates, the last five IPv4 address blocks will be allocated to the RIRs in early 2011. The pressure to adopt IPv6 is mounting. Many worry that without adequate preparation and action, there will be a chaotic scramble for IPv6, which could increase Internet costs and threaten the stability and security of the global network.

There’s a danger that things could start getting messy over the next couple of years, as the RIRs themselves start running out of IPv4 and network managers worldwide start discovering their IPv6 capabilities are not up to scratch.

“Beware of Hookers”, ICANN attendees told

Kevin Murphy, October 6, 2010, Domain Policy

ICANN has published a security guide for delegates planning to attend its meeting in Cartagena, Colombia, this December, which makes quite entertaining reading.

A highlight of the report (pdf), prepared by outside consultants Control Risks, warns attendees to steer clear of bar prostitutes who plan to take advantage of them.

All travelers should avoid bars which have public touts (or “spruikers”) standing outside encouraging them to enter. Many of these bars attract high levels of local prostitutes, some who intend to rob tourists by drugging them in the bar or in their hotel rooms.

Sage advice.

The report also recommends staying off the streets after 11pm, using official taxis, keeping your wallets clean of identifying information, and not resisting muggers/abductors.

Fight for your life, but not your possessions.

I’m cherry-picking the scary stuff here, obviously. In general, the report says Cartagena is fairly safe. Last year, there were only two kidnappings in the city.

Cartagena enjoys a mostly deserved reputation as one of the safe destinations for foreign travelers in Colombia. Certainly, violent crime rarely affects foreign visitors to the city.

ICANN has said that it will commission such reports when there is a concern that security at its chosen meeting locations may not be up to scratch.

I believe the new meetings security plan was introduced in response to the vague terrorism threats that clouded the Nairobi meeting earlier this year, keeping many flighty Americans at home.

Trademark holders think new TLD policies inadequate

Kevin Murphy, October 6, 2010, Domain Policy

Less than one in ten trademark holders believes ICANN’s policies go far enough to protect their rights under new top-level domains, according to a recent survey.

World Trademark Review is reporting that 71.6% of its survey respondents believe that the current Draft Applicant Guidebook goes not far enough to “prevent trademark infringement”.

Only 9.5% said they believe the DAG does contain adequate provisions.

The full survey will be published later this month, but today a few more results can be found over at the WTR blog.

The survey was conducted prior to ICANN’s recent Trondheim resolutions, which contained a few amendments to strengthen policies such as Uniform Rapid Suspension.

US and Russia face off over ICANN veto power

Kevin Murphy, October 6, 2010, Domain Policy

The ruling body of the International Telecommunications Union this week kicked off a major policy-making meeting in Guadalajara, Mexico, and has already seen the US and Russia taking opposing stances over the future control of ICANN.

A group of former Soviet nations, chaired by the Russian Federation’s Minister of Communications, seems to have proposed that the ITU should give itself veto power over ICANN decisions.

A proposal filed by the Regional Commonwealth in the field of Communications (RCC) calls for the ICANN Governmental Advisory Committee to be scrapped and replaced by an ITU group.

Consideration should be given to the expediency of having the functions of GAC carried out by a specially-constituted group within ITU with the authority to veto decisions adopted by the ICANN Board of Directors. If it is so decided, the ITU Secretary-General should be instructed to consult ICANN on the matter.

The proposal was first noted by Gregory Francis at CircleID.

It says that the GAC is currently the only avenue open to governments to “defend their interests” but that it has “no decision-making authority and can do no more than express its wishes”.

It also notes that fewer than 50% of nations are members of the GAC, and that only 20% or fewer actually participate in GAC meetings.

The proposal was apparently submitted to the ongoing ITU Plenipotentiary Conference but, in contrast to ICANN’s policy of transparency, many ITU documents are only accessible to its members.

A reader was kind enough to send me text extracted from the document. I’ve been unable to verify its authenticity, but I’ve no particular reason to believe it’s bogus.

The RCC was set up in 1991 to increase cooperation between telecommunications and postal operators in the post-Soviet era. Its board is comprised of communications ministers from a dozen nations.

Its position on ICANN appears to be also held by the Russian government. Igor Shchegolev, its communications minister, is chair of the RCC board.

At the Plenipotentiary on Tuesday, Shechegolev said (via Google Translate):

We believe that the ITU is capable of such tasks to international public policy, Internet governance, its development and finally, protection of interests of countries in ICANN.

Philip Verveer told the conference:

the ITU should be a place where the development of the Internet is fostered. The Internet has progressed and evolved in a remarkably successful way under the existing multi-stakeholder arrangements. Changes, especially changes involving inter-governmental controls, are likely to impair the dynamism of the Internet—something we all have an interest in avoiding.

ICANN itself has no formal presence at the Plenipotentiary, after ITU secretary-general Hamadoun Toure turned down a request by ICANN president Rod Beckstrom for observer status.

The conference carries on until October 22. It’s likely that we haven’t heard the last of the anti-ICANN rhetoric.