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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

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

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

Good is Better than Perfect in ICANN Accountability

In the next few months, ICANN will have a concrete opportunity to improve its accountability and transparency by enacting the recommendations of the Accountability and Transparency Review Team (ATRT). Those recommendations may not be perfect, but if the history of the ICANN process is any indication, we can't afford to let the perfect be the enemy of the very good. more

New TLDs Are Coming, and They Are Coming Fast

Despite what you may have read about possible delays to the rollout of the new Top-Level Domain (TLD) program, all the available evidence points to ICANN approving the applicant guidebook shortly after its San Francisco conference in March. My feelings about the timing of the new TLD program were further buoyed by Kurt Pritz, ICANN's Senior Vice President of Stakeholder Relations, who gave a presentation at the .nxt conference I attended in San Francisco this week. Mr Pritz said the applicant guidebook is currently in a "proposed final" version and should be approved after ICANN's San Francisco conference in March. more