ICANN

ICANN67 Round-Up

This past meeting of the Internet Corporation for Assigned Names and Numbers (ICANN), ICANN67, was intended to be held in person in Cancun, Mexico, but was actually the first meeting to be held entirely online and virtually. It was a well-managed affair with fewer sessions than the in-person meetings and less opportunity for the community to convene and meet as individuals. The last-minute change from an in-person to a virtual meeting impacted ICANN's ability to provide translation services for the full set of UN-supported languages, Arabic, Chinese, English, French, Russian, and Spanish.

Highlights from ICANN67 Public Forum – Community Dialogue on Proposed Transfer of PIR Ownership

Ethos CEO Erik Brooks and I are grateful to ICANN for hosting this important community dialogue on the future of PIR and .ORG earlier this week, and we listened intently to the questions posed. To echo what John Jeffrey said in his opening remarks, we are very interested in the community's input. We appreciate the openness and candor that was expressed during the Public Forum, and we would like to take this opportunity to recap a few of the overarching themes and questions asked.

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...

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...

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.

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.

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...

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.

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?

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...