ICANN's authority to manage top level of the DNS comes from a two-year Joint Project Agreement (JPA) signed with the US Department of Commerce in 1997, since extended seven times, most recently until September 2009. Since the DoC can unilaterally cancel the JPA which would put ICANN out of the DNS business, when DoC speaks, ICANN listens. On Thursday, the US DoC sent a scathing letter to ICANN about the proposed plan to sell large numbers of new top-level domains (TLDs). There's a long list of issues...
Domain tasting, as everyone probably knows by now, is the disreputable practice of registering lots of domains, seeing how much traffic they get, and then using the five day Add Grace Period (AGP) to refund the 99.9% of them that aren't worth paying for. A related abuse is front running, registrars speculatively grabbing domains that people inquire about to prevent them from using a different registrar.
I have not submitted any comments on ICANN's new gTLD process, mostly because many other people have said more diplomatically what I think, but I thought I could blog about it. My main concern from the beginning was that the process should allow any serious candidate to run with a reasonable chance to be able to actually start running a gTLD. This includes small and medium sized communities and startup companies with little seed money. This also includes registry models that may not favour mass registrations. For all these, the current model is flawed.
ICANN has released to the public a report they commissioned called "Revisiting Vertical Separation of Registries and Registrars," written by CRA International. It is being referred to as the "CRAI Report." Readers in the U.S. and the U.K. may not know it, but most top-level (TLD) domains in the world don't have registrars-you go straight to the registry and buy your domains from the source.
Listening to several of the discussions here at the IGF (so far), my post from yesterday seems to be close to what the focus of this meeting is, control and access to resources. Yesterday I highlighted areas of Governance where Governments actually could help, and make difference. Admittedly, that is not all the aspects of governance though.
This essay is the first of a three-part series, written by Anonymous, and published by the Publius Project of the Berkman Center for Internet and Society at Harvard University. It focuses on the steps of a possible roadmap for centralizing Internet governance under the United Nations.
It is ICANN's responsibility to make sure domain names do not infringe on trademarks. To determine infringement, ICANN should rely in the short term on predictive models. Thus, domain name and trademark owners must start putting pressure on ICANN to assume its trademark responsibility.
Whenever you register a domain name, your contact details are published in a publicly visible database called "Whois", where your contact details are instantly harvested by spambots and marketers who proceed to email and postal mail you marketing offers, deceptive "domain slamming" attempts, ads for dubious products, and perhaps even telemarketing calls. Nobody likes that, so over the years people started resorting to various tactics to protect themselves from the deluge of crap that inevitably comes with simply registering a domain name...
Legal trademark issues related to domain names will take a long time to resolve. Meanwhile, using a statistical model to determine infringement benefits all parties. The legal system has not yet established comprehensive and easy to understand rules under which a domain name is considered to infringe on a third party's trademark. The vacuum allows trademark owners and their agents, such as the Coalition Against Domain Name Abuse (CADNA), to sue domain name owners pretty much at will, but doing so is not always in the best interest of trademark holders.
A registrar who also engages in domain tasting can inadvertently create ripple effects throughout the domain name industry. Thus, domain name owners must exert pressure on ICANN to reduce this risk. We are now experiencing ripple effects from the subprime market and its repercussions on related markets. ...there can be a problem when registrar functions and domain tasting are conducted by the same entity. Unmonitored coupling of seemingly unrelated markets can be devastating to our industry.