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The American Bar Association/International Chamber of Commerce (ABA/ICC) recently released a survey on global Internet jurisdiction. The survey, co-chaired by Professor Michael Geist, involved nearly 300 companies in 45 different countries. It found that U.S. companies were far more concerned and pessimistic about Internet jurisdiction risk than European and Asian companies. The study has also found that an "Internet jurisdiction risk toolkit" is emerging where companies target low risk jurisdictions and take steps to avoid doing business in perceived high risk jurisdictions. more
In a 33-page motion filed on Monday, April 5, 2004, ICANN has asked a federal judge in Los Angeles to dismiss VeriSign's recent lawsuit filed against the non-profit organization. More specifically, the filed motion has asked the court to "dismiss VeriSign's first six claims for relief with prejudice," which are... more
National Telecommunications and Information Administration (NTIA) has made a long term commitment to taking the actions necessary to reform ICANN. Specifically, the Department of Commerce's Strategic Plan for FY 2004-2009 discusses the need for NTIA to take action to reform ICANN. The Strategic Plan details three Strategic Goals for the Department to achieve over the next five years. The second goal is to "Foster science and technological leadership by protecting intellectual property, enhancing technical standards, and advancing measurement science." more
I thought of ICANN yesterday when reading about the devolution of the Iraqi Governing Council, which managed to unite for just a moment to approve a constitution with about the half-life of lutetium. ICANN and the IGC: two institutions put in charge of ill-behaved constituencies and stuck in chronic failure mode. Could anything be learned by examining them at arm's length? Indeed, different as they are, their histories contain several common elements... more
A company called PW Registry Corporation makes the following announcement regarding the .PW ccTLD originally designated for the country of Palau: "The PW Registry Corporation announced today plans for the activation of the PW top- level domain (TLD), the Internet's first and only domain extension devoted to "Communities of Shared Interests". Unlike other domain extensions, such as .com, .biz, and .info, PW is aimed at providing individuals and consumer/affinity organizations a highly-personalized, permanent and portable e-mail address and a managed platform for community and social networking." more
This is the sixth part of a multi-part series reported by ICANNfocus. This part focuses on ICANN's Strategic Plan. Read previous parts: Part I, Part II, Part III, Part IV, Part V. "The requirement that ICANN develop a Strategic Plan offers an important opportunity for achieving meaningful reform of the organization. The Strategic Plan is one of the key new ICANN duties contained in the most recent amendment to their Memorandum of Understanding (MOU) with the Department of Commerce. The MOU specifies in considerable detail the elements that ICANN is to include in the Plan including issues ranging from executive compensation to mechanisms for ICANN accountability..." more
It was pointed out to me the other day that the ICANN/NTIA/Verisign root zone file contains a previously undiscussed top level domain. The contents of this TLD suggest that it was created by Verisign, the company that actually constructs the root zone file used by the dominant set of root servers. (The same zone file is also used by at least one of the competing root systems.) That TLD is .root. It's existence is as real as any other TLD such as .com or .org... more
This is the fifth part of a multi-part series reported by ICANNfocus. This part focuses on Securing the Quality of WHOIS Data. "Information for which ICANN has responsibility includes the WHOIS databases. ICANN has been given specific responsibilities for these databases under: 1) their contract with the U.S. government's Department of Commerce to perform the technical management of the Internet; and 2) their Memorandum of Understanding with the Department of Commerce." more
It's easy to dismiss Verisign's antitrust suit as a ploy to push through Sitefinder. But whether one loves Sitefinder or hates Sitefinder, the complaint raises a much more significant issue that won't go away even if ICANN lets Verisign roll out Sitefinder. At the heart of Verisign's complaint is the lack of any definable process for decisionmaking, and its a complaint shared by others. A settlement between Verisign and ICANN that does not create a clear process for decisionmaking at ICANN that includes trustworthy independent review will merely delay the inevitable. Eventually, some other party will become just as frustrated and again challenge ICANN -- either in U.S. court or by enlisting the help of the U.S. Commerce Department, non-U.S. governements, or multinational treaty organizations. ICANN must recognize that the days of ad hoc decision making based on realpolitick must end and give way to stable processes that ICANN staff cannot control. more
Newman & Newman, the law firm representing an ad hoc coalition of ICANN-accredited domain name registrars, has filed a lawsuit today against ICANN and VeriSign to Stop 'Anti-Consumer, Anti-Competitive' Wait List Service Implementation. ...The complaint attacks ICANN and VeriSign based on 1) Unfair Trade Practices Act Violations; 2) Violation of California Business & Professions Code; 3) Unlawful Tying Arrangement; 4) Attempted Monopolization; 5) Violation of Racketeer Influenced and Corrupt Organizations Act; 6) Intentional Interference with Prospective Economic Advantage; 7) Breach of Contract; and 8) Declaratory Relief. more
In a Press Release issued yesterday, February 26, 2004, it has been announced that Zuccarini (background here) will receive 30 months in prison for violating the Truth in Domain Names Act. At least two of the domain names mentioned in the press release, DINSEYLAND.COM and BOBTHEBIULDER.COM appear to have been registered by third parties and are pointing to pages of links... more
This is the fourth part of a multi-part series reported by ICANNfocus. This part focuses on the Information Correction Process. "The Data Quality Act provides affected persons the right "to seek and obtain correction of information maintained and disseminated by the agency that does not comply" with the Data Quality Act and implementing guidelines. ...The Department of Commerce's National Telecommunications and Information Administration (NTIA) provides detailed instructions on how to request correction of information not meeting their Data Quality guidelines. NTIA is the operating unit of the Department of Commerce that is responsible for ICANN." more
As a follow up to ICANN's Special Meeting of the Board on February 18, 2004, previously reported here on CircleID, the following resolution was reached on the WLS Negotiations with VeriSign: "During this Board Meeting, the Board authorized the public posting of the 26 January 2004 letter setting forth the results of the negotiations and asked that this matter be placed on the Board's agenda for the publicly-held Board Meeting for 6 March 2004 in Rome, Italy." more
This is the third part of a multi-part series reported by ICANNfocus. In this part, the focus is on how ICANN implementation of the Data Quality Act would address congressional concerns. "Congress is deeply concerned by ICANN's management and is demanding meaningful change in how the organization governs the internet. Congressional concerns regarding ICANN and Congressional oversight activities were detailed in Part II of this series." more
ICANN's announcement of a "Special Meeting of the Board", to be held on February 18, 2004, includes a number of topics in its "Proposed Agenda" including: "WLS Negotiations with VeriSign". In reaction to this particular item related to WLS, Newman & Newman, the law firm representing an ad hoc coalition of ICANN-accredited domain name registrars, has sent a letter to Dr. Paul Twomey, President and CEO of ICANN expressing... more
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