Featured Blogs

New gTLDs and Children

At first blush most are unlikely to see the relationship between new generic Top-Level Domains (gTLDs) and children. However, as a father and someone that has worked with approximately 50% of all new gTLDs approved by ICANN over the last decade, I have a unique perspective that may shed some light on this analogy. Hopefully, as the ICANN community begins to seek closure in connection with the new gTLD implement process, this article may offer one perspective as to what lies ahead. more

Registries, Registrars, Resellers and the Fight Against Cyber Crime: The EU-US Meeting

On 24 and 25 February 2011 the European Commission, DG Home Affairs, organised a meeting on cyber crime in cooperation with the US government, Department of Justice, with representatives of the law enforcement community, registries and registrars. The basis of the discussion was the RAA due diligence recommendations (hence: the recommendations) as presented by LEAs in the past years during ICANN meetings. The meeting was constructive, surprising and fruitful. I give some background, but what I would like to stress here is what, in my opinion, could be a way forward after the meeting. more

ICA Tells DOC of Concerns Over USG and GAC “Scorecards”

The ICA has just dispatched a letter to Assistant Secretary of Commerce Lawrence Strickling in advance of the talks scheduled in Brussels on February 29-March 1 between ICANN's Board and its Governmental Advisory Committee (GAC). Our letter expresses strong concerns that the positions being advocated by the U.S. government and the GAC regarding the proposed Final Applicant Guidebook (AG) for new generic Top-Level Domains (gTLDs) would be detrimental to ICANN's multi-stakeholder policy process and would undermine the rights of legitimate registrants at new gTLDs. more

Mubarak, Ben Ali, Kaddafi, ICANN: What They Have in Common Is Scary. Will They Share the Same Fate?

Will current failed ICANN direction on the New generic Top-Level Domains (gTLDs) doom its Regime to follow the fate of Mubarak, Ben Ali, and soon Kaddafi's? The whirlwinds of change we all have witnessed that started blowing in Tunisia, moved to Egypt and is now engulfing Libya, Yemen, Jordan and soon many others, have signaled a revolutionary way of thinking not just at local or regional levels but I believe on global levels too. more

The Costs of a Dysfunctional Relationship - Part 2

Part 1 described the impasse between the ICANN board and the Governmental Advisory Committee (GAC) over the introduction of new gTLDs. This part analyzes the conflicts and offers suggestions for beginning to resolve them. ... Some of these conflicts turn out to have clear answers. Approving the DAG before public comments could be considered violated ICANN's bylaws, but the board has unmistakable authority to reject the GAC's advice. more

The Costs of a Dysfunctional Relationship - Part 1

"The current Board-GAC relationship is dysfunctional and has been so for several years." Never has this line from the ATRT Report seemed so apt as now, when the ICANN board and the GAC are preparing to meet in Brussels. Part 1 of this blog will describe their impasse over the introduction of new generic Top-Level Domains (gTLDs). Part 2 will analyze that impasse and offer recommendations to begin resolving it. more

Why Wireless Broadband Is No Alternative to FttH

The mainly politically-driven debate - FttH versus wireless broadband - is spreading uninformed messages and half-truths in the market. And confusing messages from mobile operators are also blurring the picture. All well-informed people confirm that this is a nonsensical debate -- both infrastructures will coexist with, and supplement, each other. more

ICANN-Law Enforcement Due Diligence Recommendations and Fundamental Rights

A commentary in the context of the 1950 Convention and European Union law... The ICANN Law Enforcement Due Diligence Recommendations is a document that was a jointly issued in 2009 by several law enforcement agencies, including the US Department of Justice's Federal Bureau of Investigation' ('the FBI), the United Kingdom's Serious and Organised Crime Agency ('SOCA') and the Royal Canadian Mounted Police. more

A Fairness ‘Scorecard’ for Trademark Protection Under the New gTLDs

In the last few years, ICANN has made huge strides in Protecting Trademarks within new generic Top-Level Domains (gTLDs). Now much more is being asked. Is it right? Is it appropriate? Will these changes make the new gTLDs unusable for the very communities we most hope will want them: developing countries, developing communities, new businesses, growing organizations and all the people born in the future? more

The Wayward AntiCybersquatting Consumer Protection Act

The Anti-Cybersquatting Consumer Protection Act (ACPA) has lost its way. The ACPA was passed in an era of domain name land grabs, where nefarious individuals would register and warehouse oodles of valuable domain names, and then extract ransom from bewildered-trademark owners. These nefarious individuals are known as "cybersquatters", and, according to the ACPA, they are bad. The Ninth Circuit, in an early reading of the ACPA, stated... more

A Tribute to the STI (Special Trademarks Initiative Team)

In the ICANN world, our relations are often a little tumultuous, as policy-making bodies can be. As I look back on my experiences over the last decade at ICANN (and many committees, working groups and task forces), one stands out for its quality, dedication, professionalism and hard work. That's the Special Trademarks Initiatives Working Team, or the STI. I was proud to be a part of the Team as an Non-Commercial Stakeholders Group (NCSG) representative, and this tribute reflects my high regard for the Team and the recommendations it produced. more

Instead of a New gTLD, Maybe There Ought to be an App for That

The conflicting yet co-existing anxiety and enthusiasm in support of expanded Internet territory -- those new generic Top-Level Domains (gTLDs) we have heard so much about -- may be misplaced. If the economic reports commissioned by ICANN are to be believed (non, nod, wink, wink), top level domains fall flat because they are either too tightly defined (.museum?) or lightly marketed (.aero?). Building a business plan to give a new gTLD the market and marketing reach it will need to succeed is a heavy lift. more

.nxt Conference Inspires and Informs New gTLD Debate

The first-ever .nxt conference recently concluded in San Francisco. The conference featured two days of productive, educational, and passionate discussion about the business of new generic top-level domains (gTLDs). While ICANN's public meetings have recently focused on debating the policies that will go into its gTLD Applicant Guidebook, the .nxt meeting moved the discussion into the future to tackle the issue of what to do when the program has actually launched... more

To Serve the Public Interest You First Have to Define ‘Public Interest’

In the ancient parable, six blind men are asked to describe an elephant, with each coming up with wildly different answers, depending on which part of the animal they touched. Now, while I would hesitate to call participants in the ICANN process "blind men," I am starting to think that "public interest" is their elephant. ICANN is on the threshold of completing its first major obligation under the Affirmation of Commitments it signed with the U.S. Government in 2009. more

On the Introduction of new Top Level Domains into the Domain Name System

The introduction of new top level domains (TLDs) has been the subject of debate and action in the ICANN arena since 1999 (just a year after the organization was founded). Herein are some thoughts about some of the issues associated with increasing the top level domain name space. more