Bloomberg is reporting that Gregory Reyes is facing criminal and civil charges in relation to securities fraud. Reuters and the Mercury News also have coverage. "Former Brocade Communications Systems Inc. Chief Executive Officer Gregory Reyes became the first CEO charged in the U.S. probe of the backdating of stock option grants to create lucrative employee pay packages."
The results of the recent NTIA consultation made it clear that there is no real public or industry support for unilateral control of the DNS root by the U.S. government. The latest and most interesting sign of collapsing support for US unilateral control of the DNS root, which the Internet Governance Project learned of today, is a proposal being circulated by G. Beckwith Burr...
The number of applications this year for the seven positions within ICANN has been so low that the NomCom has gone to the trouble of printing up pamphlets, holding a public meeting at Marrakech and extending the deadline by a fortnight. At the two public Board sessions in Marrakech the grand hall that was provided was virtually empty, sparking some debate as to why. Susan Crawford ventured that it was because ICANN was failing to connect with people; Vint Cerf suggested that ICANN was so successful at doing its job that people didn't feel the need to attend. Mouhamet Diop pointed out that we were in a French-speaking Arabic country and no one was going to sit through four hours of discussion if they didn't understand a word of it...
For now, it appears that the new, more technically focused and privacy-friendly definition of the purpose of Whois survived the Marrakech meeting. The U.S. Government and the copyright and law enforcement interests mounted a major onslaught against the Generic Names Supporting Organization (GNSO) action, using the Governmental Advisory Committee (GAC) as their pressure point.
VeriSign has reported that they are cooperating with a grand jury subpoena and a SEC inquiry into their historical stock option grants. More can be found here. Backdating of options is essentially a fraud against existing shareholders, as noted in the press or simply searching Google for "backdating fraud". Under the existing 2001 .com Registry Agreement, section 16.C would allow for termination of the agreement by ICANN in the event that VeriSign "is convicted by a court of competent jurisdiction of a felony or other serious offense related to financial activities...
A recent statement released by the U.S. Federal Trade Commission emphasized that the Whois databases should be kept "open, transparent, and accessible," allowing agencies like the FTC to protect consumers and consumers to protect themselves: "In short, if ICANN restricts the use of Whois data to technical purposes only, it will greatly impair the FTC's ability to identify Internet malefactors quickly -- and ultimately stop perpetrators of fraud, spam, and spyware from infecting consumers' computers," the statement states."
If a UDRP panelist believes domainers are the same thing as cybersquatters, is he fit to arbitrate? I came across an editorial on CNET today by Doug Isenberg, an attorney in Atlanta and founder of GigaLaw.com, and a domain name panelist for the World Intellectual Property Organization. The guest editorial focuses on Whois privacy and why it's imperative to maintain open access to registrant data for intellectual property and legal purposes. That's a common opinion I've read a million times. Nothing groundbreaking there. But then I was shocked to read that Isenberg generalizes domainers as cybersquatters: "Today, cybersquatters have rebranded themselves as 'domainers.' Popular blogs and news sites track their activities..."
Readers of my blog may recall that the Canadian Internet Registration Authority wrote a public letter earlier this year to ICANN that expressed concern over the current lack of accountability (note that I am on the CIRA board). The letter indicated that CIRA was withholding payment of any voluntary fees to ICANN until the accountability concerns were addressed. This week CIRA followed up with a second public letter to ICANN...
The Internet Governance Project is is urging Internet users everywhere, but especially those outside the United States, to respond to the NTIA Notice of Inquiry with the following statement: "The Internet's value is created by the participation and cooperation of people all over the world. The Internet is global, not national. Therefore no single Government should have a pre-eminent role in Internet governance. As the US reviews its contract with ICANN, it should work cooperatively with all stakeholders to complete the transition to a Domain Name System independent of US governmental control."
The CFIT vs. VeriSign et. al. lawsuit had another day in court today. ...The key point coming out of a hearing today (Friday, June 09, 2006) in front of U.S. District Court Judge Ronald Whyte in San Jose, California is that the arguments made by CFIT against the .com deal between ICANN and VeriSign will continue. ...There was one moment of some drama. After lawyers for VeriSign and ICANN both argued that the 7 percent price increases without the need for justification would not be a violation of anti-trust law, Judge Whyte asked the lawyer for ICANN if it would be an anti-trust violation if VeriSign had been granted an annual 100 percent increase. The lawyer said, "no." Other lawyers for other matters sitting in the audience seemed to shift uneasily...