Icann's plan for .org branded 'unworkable'

Daily Newsletters

Sign up to ZDNet UK's daily newsletter.

NEWS
Plans to return the .org domain name to its non-profit roots are unworkable and could have enormous financial consequences for companies and individuals around the world, say Internet lawyers. The future of all domains registered under the .org top level domain (TLD) were thrown into doubt a week ago when Verisign, the company that manages .com, .org and .net, announced that it had renegotiated its contract with the group responsible for managing the domain name system, the Internet Committee for Assigned Names and Numbers (ICANN). Under the proposed agreement, control of the .org domain name would be given to a non profit organisation, and only non-profit organisations would be able to register domain names under .org. "I can't see how the deal is workable," said Simon Halberstam, head of e-commerce law at Sprecher Grier Halberstam. "A lot of companies have put a lot of time, money and effort into their .org domain names. You cannot start unravelling that. The financial consequences are enormous." Halberstam cited the basic principle of law known as the law of acquired rights. "This says that if you have acquired something fair and square, then nobody can come along and say retroactively that the rules have changed -- it is just not feasible, it is nonsense." Halberstam said that one possible solution would be for ICANN to simply stop future registrations under the .org domain name, "but that still does not make it a domain for non profit organisations," he noted. Nick Wood, chief executive of domain name registrar Virtual Internet, said the problem is that Icann and Verisign have not offered any alternative. "What they should say is 'we will create an alternative. Either you can keep your .org domain name because you are a non profit organisation and you can show it', or they should offer an alternative and pay for you to move your domain." Wood said he agrees that .org should be returned to use by non-profit organisations. But, he added, he "feels a great deal of sympathy for those people who use the domain for activist Web sites and the like, who are not strictly speaking non-profit organisations if ICANN and Verisign turn round next year and say: you have no right to that domain" One legal source close to Icann, who asked not to be named, blamed the mess on Network Solutions -- the company that gained control of the .com, .net and .org domain name system in 1992 and which was bought last summer by Verisign. "Network Solutions stopped bothering to check applications [for .org] in 1994," he said. "They failed to administer their responsibility," he added, referring to the policy, which was never formally revoked, that non profit organisations had to prove their status before they could register a name under the .org domain. Virtual Internet's Wood agreed that Network Solutions is to blame. "They stopped checking registrations purely for reasons of revenue generation, and opened registration of .org and .net up to everybody as an alternative to .com," he said. There are now approximately three million domains registered under .org and one million registered under .net. As Icann's annual meeting gets underway in Melbourne, Australia, on Monday, the industry is expecting a heated debate on how the problem will be solved. "I predict they will fudge the issue and say you can keep your .org domain for two years while allowing only non-profit organisations to register new domains under the .org domain," said Wood, who cautioned that there are many issues with this strategy. "Branded trademarks can include .com, .net an d .org, so many companies would be able to say the move diluted their brand," he added. "But Icann and Verisign would then face the issue of what to do with these big companies, but they can't say that because you are a big company with lots of money you can keep your .org domain. They have to apply the same rules to individuals and multinationals." The legal source close to Icann had his own solution: "I would stop all new registrations to .org today," he said, "and open .nfp tomorrow, and reinstate checks on non-profit organisations." For complete business coverage, see ZDNet UK's Enterprise Channel. Have your say instantly, and see what others have said. Click on the TalkBack button and go to the ZDNet News forum. Let the editors know what you think in the Mailroom. And read other letters.

Post your comment

In order to post a comment you need to be registered and logged in.

You can also log in with Facebook. Log in or create your ZDNet UK account below

  • Login

Will not be displayed with your comment

By signing up for this service, you indicate that you agree to our Terms and Conditions and have read and understood our Privacy Policy. Questions about membership? Find the answers in the Community FAQ

Get ZDNet UK's daily newsletter

Enter your email address to sign up

ZDNet UK Live

BugStalker

"Interesting thought ... If you installed Win7 as a dual boot on a machine that previously only had Linux, and it wrecked your Linux installation,...

25 seconds ago by BugStalker on Windows 7 Declares War on GRUB
whs001

This is an excellent summary of Ubuntu and Mint and the interface differences between them. Most such articles take a very partisan position for...

4 minutes ago by whs001 on A tale of two distros: Ubuntu and Linux Mint
Moley

@ewallace. Not so clear. Anyone can obtain the text, for example from here http://www.ustr.gov/webfm_send/2379. I support ACTA so long as it and...

22 minutes ago by Moley on ACTA: Facts, misconceptions and questions
45283

I think WinRT is fantastic. I just wish it was an option for people that didn't want to go through Microsoft's App Store with its attendant...

3 hours ago by 45283 on Why Windows 8 needs architectural hygiene for WOA
Burn-IT

Nine people? £30m? Who's back pocket is that lot going in? And IF they say it is for new buildings, what about all the ones the government has...

5 hours ago by Burn-IT on Police set to launch three £30m e-crime hubs
ewallace

Just to be clear, nobody knows what is in the text of ACTA, here is a photograph of the text of ACTA http://twitpic.com/8h9iju as submitted to the...

5 hours ago by ewallace on ACTA: Facts, misconceptions and questions
fgvrg56

Unfortunately main issue is that ASUS is refusing to accept that they make some mistake on this version of asus Transformer prime. 1 - GPS sensor...

6 hours ago by fgvrg56 on Asus Eee Pad Transformer Prime Wi-Fi & GPS problems?
Ben Woods

@Marcus A fair question. Just talked with Archos which said it was working on an announcement for next week....

7 hours ago by Ben Woods on Archos confirms G9 Ice Cream Sandwich update schedule
Marcus Karlsson

Any update on this, considering the claimed "first week of February"?

8 hours ago by Marcus Karlsson via Facebook on Archos confirms G9 Ice Cream Sandwich update schedule
apexwm

Bill Goodrich : Just as al_langevin pointed out, with Windows Server 2008 there is no Services for Macintosh anymore. It's gone, not available....

16 hours ago by apexwm on Windows Server 2008 drops the ball for Mac compatibility
txtrainguy

Replying to an old topic that I'm currently facing with my CEO (who is on a Mac). Our servers are primarily Windows Servers, office is about...

23 hours ago by txtrainguy on Windows Server 2008 drops the ball for Mac compatibility
k0tcs3

Sure, that makes perfect sense. Pay wrong-doers money and thank them for breaching your security and pointing out your flaws, that would surely...

23 hours ago by k0tcs3 on US indicts Romanian over NASA climate change hack
Random_Error

I think he's referring specifically to Android apps, as Apple do regulate their App Store, but Google seem to let any old crap onto the Android store!

23 hours ago by Random_Error on RIM: BlackBerry will keep 'garbage' apps out of store
Paul Fezziwig

Keep the crap apps out?! How will they compete with Android and Apple's claim to fame of having so many life changing apps? I wonder if the media...

1 day ago by Paul Fezziwig via Facebook on RIM: BlackBerry will keep 'garbage' apps out of store
Aigars Mahinovs

It has been shown time after time that if there is an author store that sells the songs at even 1$ per song and gives you a high-quality digital...

1 day ago by Aigars Mahinovs via Facebook on Copyright isn't working, says European Commission
awbMaven

""As a result of Butyka's alleged conduct, researchers were unable to use the computers for more than two months while NASA removed the malicious...

1 day ago by awbMaven on US indicts Romanian over NASA climate change hack
subhorup

It simultaneously worries me and uplifts me that a self-proclaimed group of internet activists name themselves after Indian mythical figures....

2 days ago by subhorup on Anonymous activists release PCAnywhere source code
naviathan

It's actually far easier to work anonymously on the internet than you think. With tools like Tor bouncing your traffic around the world before...

2 days ago by naviathan on Anonymous activists release PCAnywhere source code
Agnostic_OS

1000272134 and bluedalmatian with you both there but then I'm still in 10.04 land (and happy with it)

2 days ago by Agnostic_OS on Ten factors that make Ubuntu 11.10 a hit
apexwm

Interesting article and definitely see your points on the products mentioned. One of the top products for our Help Desk (approximately 20% of all...

2 days ago by apexwm on Ten flawed products that derail productivity