Volume I

Issue : 2: July 24, 2003

• CryptoLogic Subsidiary Settles Cross-Border On-line Patent Dispute
• U.S. Court of Appeals Formulates Test For Website Operator Liability
• Newfoundlander Convicted of Trafficking in Moose Antlers On the Internet
• Australian Court Grants Damages For Invasion of Privacy In Landmark Case
• Secondary Disclosure of Subscribers Personal Information Contravenes PIPEDA
• Ontario Company Launches Suit Against ICANN Over the Wait List Service
• U.S. Federal Court of Appeals Refuses Jurisdiction Over Semi-Interactive Website
• Music Industry Subpoenas ISP Investigates Users At University
• P2P: Survey Released & Proposed U.S. Legislation With Criminal Provisions
• Original Registrant Losses Acrobat.ca

Home > Volume I > Issue 2: July 24, 2003 > Ontario Company Launches Suit Against ICANN Over the Wait List Service

Ontario Company Launches Suit Against ICANN Over the Wait List Service

On July 8, 2003, Pool.com Inc. launched a law suit against ICANN in the Ontario Superior Court of Justice for approving the Wait List Service (WLS) proposed by VeriSign Inc.. The WLS is intended to allow the backorder of any domain name in the .com domain at the Registry Level and allow a registered domain name to automatically pass to the person holding a Wait List Subscription, if and when, the name is dropped or deleted. Amongst other things, Pool.com is in the business of providing free backordering of domain names.

Pool.com claims that the WLS would effectively give VeriSign Inc. a monopoly over the domain name backordering industry, end all competition among Registrars for dropped or deleted domain names and destroy Pool.com's business altogether. Pool.com also claims that in approving the WLS, ICANN has breached its contractual obligation to follow the established process for the establishment of new and revised specifications and policies. In particular, Pool.com says that ICANN approved the WLS without the mandatory consensus or approval by the ICANN Supporting Organization and failed to seek the review of an Independent Review Panel established under its own bylaws to determine whether a deemed consensus was achieved.

A week after the launch of Pool.com's lawsuit in Ontario, the Domain Justice Coalition filed a similar suite against ICANN in the federal court in Los Angeles. Also in response to ICANN's approval of the WLS, a bill was introduced in the House of Representatives on June 29, 2003, entitled the Fair, Transparent and Competitive Naming Act of 2003, which if passed, authorizes the General Accounting Office (the "GAO") to study the business practices of ICANN and puts a moratorium on the introduction of the WLS until the GAO has had the opportunity to investigate and provide a report regarding such business practices.

For a copy of Pool.com's Statement of Claim, visit:

http://shorl.com/dodygradrunulo

For additional information on the Domain Justice Coalition lawsuit, visit:

http://www.stopwls.com/newsrelease_01.html

http://news.com.com/2110-1025_3-1026076.html