Over the last two days I have sat in a room and watched a rather interesting dynamic unfold between the ICANN Board and its Government Advisory Committee (GAC). While I remain optimistic of there being a responsible closure to the new gTLD implementation process within the next six months, an apparent double standard being used by the ICANN Board could be a potential stumbling block.
The ICANN Board has itself in a pretty pickle. The Governmental Advisory Committee (GAC) Consultancy with the Board in Brussels was an apparent non-starter. After hundreds of man-hours' worth of comments provided by the Intellectual Property Constituency (IPC), the Board continues to claim that it lacks sufficient information on trademark issues in order to respond to concerns.
On Feb. 25, 2011, the National Telecommunications and Information Administration released the following request for comments concerning the USG's contract for the IANA function. As indicated, the USG's contract for the IANA function with ICANN expires later this year. Interested parties can file comments with NTIA by March 31, 2011.
The primary focus of this article is to illustrate that the Applicant Guidebook is not supplying sufficient protection mechanisms, and creates too high financial barrier for those who are interested in applying for multiple Top-Level Domains (TLDs) that are translations/transliterations of each other and/or of an existing generic Top-Level Domains (tt-gTLDs).
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.
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.
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.
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.
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.
"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.