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Probably the last centralized point on the
Internet is the system allocating domain names. Currently, domain names are assigned by
Network Solutions, Inc., (NSI) a private company chartered by the National Science
Foundation. This process is overseen by the Internet Assigned Numbers Authority (IANA),
which in turn is operated by the Information Sciences Institute (ISI) of the University of
Southern California (USC). The IANA is funded by the Defense Advanced Research Projects
Agency (DARPA).n1
In June 1998, The U.S. Government released a White Paper stating that technical
administration of domain names will be tansferred to the private sector by September 30,
2000. The paper asked the industry to take responsibility in creating a new non-profit
organization from "among the diverse parties that have a stake in how domain names,
Internet numbers and other Internet identifiers for the Internet are mananged."n2
Because this process has a fairly unique position as the last remaining point of
control on the Internet, debates about changing the way by which domain names are
assigned and administered often include many collateral issues like trademark, copyright,
and Internet governance. No definite consensus has been reached about the best way to
handle domain name issues. After several International Forum on the White Paper
conferences, however, most agree that the new structure for the assignation and
administration of domain names should be done in such a way as to protect the integrity of
the Internet, promote competition, address proprietary rights, and allow private industry
self-regulation.
In November 1999, Congress enacted the Anticybersquatting Consumer Protection Act.
It found that the unauthorized registration or use of trademarks as Internet domain
names or other identifiers of online locations (commonly known as `cybersquatting')-- (1)
results in consumer fraud and public confusion as to the true source or sponsorship of
products and services; (2) impairs electronic commerce, which is important to the economy
of the United States; and (3) deprives owners of trademarks of substantial revenues and
consumer goodwill. The first appellate ruling concerning the new act is
believed to be Sporty Farms, LLC v. Sportsman's
Market, Inc.
n1. See Larry Irving, Testimony before the House Committee on Science Subcommittee on
Basic Research, (September 25, 1997),
available at http://www.ntia.doc.gov.
n2. Internet Stakeholder Associations to Advance White Paper Process, International Forum
on the White Paper, (June 19, 1998), available at http://www.ifwp.org.
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