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Press Release

Decision in Domain Name Dispute Upholds Freedom of Speech

WASHINGTON, Oct. 25 /PRNewswire/ -- Freedom of speech on the Internet was upheld by a landmark decision in a domain name dispute decision released today. According to the decision, an individual can use a domain name containing the name of a government agency for the purpose of criticizing the government's activities.

In the case decided in a legal proceeding of ICANN, the Internet governing organization, a citizen of the United Kingdom registered the domain name dorsetpolice.com for the purpose of criticizing alleged corruption of his local police department. The police department then initiated a legal proceeding under the ICANN domain name dispute procedures to attempt to obtain the transfer of the domain name from the individual. In its legal submissions the police department argued that the criticism on the website was offensive ``to a point beyond libellous'' and that the registrant did not have a legitimate right to own the domain name. Today's decision supported the individual's right to freedom of expression and held that ``there is a general, legitimate interest in allowing citizens to use descriptive domain names to publish criticism about their government.''

The owner of the domain name was represented by noted domain name expert Stephen H. Sturgeon, a Washington, DC attorney. During a recent presentation to the American Intellectual Property Law Association, Mr. Sturgeon described the issues in the case as being ``extraordinarily important to the future of the Internet.'' According to Mr. Sturgeon, ``The Internet can provide an unsurpassed opportunity for the free exchange of ideas and for the unfettered debate about important issues. Legal decisions affecting the Internet must promote and not stifle freedom of speech.''

The case represents the first time that a government agency has attempted to obtain a transfer of a domain name that is being used to criticize the government. The legal action was filed pursuant to the Uniform Domain Name Dispute Policy which was established by ICANN, the Internet Corporation for Assigned Names and Numbers in 1999. The policy provides that a domain name can be transferred from a registrant if it can be proven that (1) another individual or organization has a trademark in the words that are included in the disputed domain name, (2) the registrant does not have a legitimate reason to own the domain name and (3) the registrant is using the domain name in bad faith. To date more than 4,000 domain name disputes have been decided by the arbitration panels appointed by ICANN. Most disputes are initiated by companies that own trademarks in an attempt to require the transfer of the domain name to the trademark owner.

    CONTACT:  Stephen H. Sturgeon
              (202) 393-8033
              http://www.domain-name-dispute-lawyers.com/

The full text of the decision can be viewed at http://www.eresolution.com/services/dnd/decisions/0942.htm .

The website for Stephen H. Sturgeon, attorney for the successful domain name owner is http://domain-name-dispute-lawyers.com/ .

The website of the arbitration organization appointed by ICANN is http://www.eresolution.com/ .

The website of ICANN, the governing body of the Internet is http://www.icann.org/ .

SOURCE: Law Offices of Stephen H. Sturgeon & Associates, PC