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The Sad Story of Private Public Interest Commitments (PICs)

The voluntary Public Interest Commitments (PIC) have a long and sad history at ICANN. They were a process never created or evaluated by the Multistakeholder process, thrown together for one purpose and allowed to morph into a mechanism for an almost unlimited number of un-reviewed other purposes. Disputes are delegated to a resolution process which itself was never evaluated for... more

NGO Community Urges ICANN to Exercise Independent Judgment as It Reviews the .ORG Sale

ICANN is reviewing the Internet Society's proposed sale of Public Interest Registry, the .ORG registry operator, to private equity firm Ethos Capital. ICANN effectively has the power to stop the sale by terminating PIR's Registry Agreement. The Electronic Frontier Foundation, NTEN, Consumer Reports, Americans for Financial Reform and several other organizations joined Monday's Public Forum at ICANN67 to ask questions about how ICANN plans to review the change of control of the .ORG registry... more

When Proxy Services Enable Abuse

People are growing increasingly alarmed by recent examples of bad actors abusing proxy services offered by registrars. While proxy services are designed to protect the privacy of legitimate domain name users - they do the opposite when abused by cybercriminals. Responsible Proxy providers play a key role in mitigating abuse. When they don't act responsibly - it's clear they contribute to the problem. more

Consistency, Urgency, and Transparency Needed for Registrant Data Requests

As we reported in our Post-GDPR Compliance Rate retrospective in January 2020, registrar compliance rates in response to verified requests for redacted registrant information using the Appdetex WHOIS Requestor System was 25 percent. Our most recent report shows the compliance rate has increased to 27 percent, based upon a total of 243 requests for redacted WHOIS information sent to 68 registrars over the period starting January 1, 2020, through February 24, 2020. more

Report and Analysis of Public Comments Submitted to ICANN on the .COM Pricing Provisions (Part II)

Mr. Arif Ali, a lawyer with Dechert who is very familiar with ICANN governance and has represented numerous parties in ICANN related matters, wrote an extraordinarily detailed and comprehensive critique of the LOI and of Amendment 3. Mr. Ali noted that two of ICANN's most important obligations are to operate for the benefit of the Internet community as a whole and to enable competition and open entry in Internet-related markets, and that the proposed price hikes do not support these obligations... more

Report and Analysis of Public Comments Submitted to ICANN on the .COM Pricing Provisions (Part I)

ICANN's call for Public Comment on Proposed Amendment 3 to the .com Registry Agreement yielded 9,040 public comments during the six-week comment period that ran from January 3, 2020 to February 14, 2020. The public response was amongst the most robust if not the most robust, that ICANN has ever received. To put this in context, the last several Public Comment periods received under 20 comments apiece. more

Explaining the Legal Enforceability of the PIC Proposed by Ethos for .ORG

Ethos Capital has recently announced that it has voluntarily proposed to add an amendment to Public Interest Registry's (PIR) .ORG Registry Agreement with ICANN in the form of a Public Interest Commitment, also known as a "PIC." In the press release Ethos indicated that the PIC would become "legally binding" and "enforceable" both by ICANN and by members of the community. I anticipate that some would ask a number of logical questions: How would that work in practice? more

Troubling Efforts to Distort and Undermine the Multistakeholder Process

ICANN's request for comment on amending the .com registry agreement to restore Verisign's pre-2012 pricing flexibility ended last Friday and, with 8,998 responses submitted by stakeholders, may have been a multistakeholder version of the St. Valentine's Day Massacre. Public interest in .com pricing is understandably high but the sheer volume of responses – nearly three times the number of comments submitted this summer on deregulating .org pricing – also suggests a show of force... more

ICANN: Do Not Allow Closed New gTLDs With Generic Strings

Within the next year, the ICANN Board may well face a decision that will help determine whether ICANN is capable of serving the global public interest or whether it is degenerating into an industry-controlled self-regulatory association. The issue can be framed quite simply: will ICANN approve a process for the creation of a new wave of new generic top level domains that will include "closed generic" gTLDs? more

Looking Forward to ‘The Conversation We Should Be Having’

No, this topic hasn't yet been exhausted: There's still plenty more conversation we can and should have about the proposed sale of the .ORG registry operator to a private firm. Ideally, that conversation will add more information and more clarity about the issues at stake and the facts that underpin those issues. That's why I'm planning to attend today's event at American University where the sale's proponents, opponents and undecideds will have a tremendous opportunity to better understand one another. more