ICANN

2021 Domain Name Year In Review

Is it really 2022? Is it? Although many might view 2021 as another "lost" year due to the pandemic, filled with Zoom™ meetings, virtual conferences, working from home and restricted travel - there were a number of notable domain name stories which deserve to be highlighted. So, without further ado, here are the top 10 biggest domain name stories of 2021 - let's go!

ICANN’s Accountability Mechanisms – in Name Only?

On December 14, 2021, Dot Hip Hop, LLC (DHH) filed an Urgent Reconsideration Request following ICANN staff inaction (for its over four-month delay) of its Assignment Request for the .hiphop Registry Agreement. Not only did the ICANN Board Accountability Mechanisms Committee (BAMC) decide against considering the Reconsideration Request on an urgent basis, but on its last day of business for 2021, ICANN Org decided to retaliate against DHH for filing the Reconsideration Request in the first place ...

IRP Panel Sanctions Afilias, Clears the Way for ICANN to Decide .web Disputes

The .web Independent Review Process (IRP) Panel issued a Final Decision six months ago, in May 2021. Immediately thereafter, the claimant, Afilias Domains No. 3 Limited (now a shell entity known as AltaNovo Domains Limited), filed an application seeking reconsideration of the Final Decision under Rule 33 of the arbitration rules. Rule 33 allows for the clarification of an ambiguous ruling and allows the Panel the opportunity to supplement its decision if it inadvertently failed to consider a claim or defense, but specifically does not permit wholesale reconsideration of a final decision.

Eight-Year Legal Battle Recap: DCA Blocked From Being Heard on Its Merit

It has been a while, nearly eight years since we have been in touch. I thought I would post an update to the DCA vs ICANN case, to the interested party of the global internet, towards the eight-year legal battle DCA had with ICANN. I believe there would be useful lessons learned that would shed some light on ICANN's activities in the Internet community. For those not aware, the DCA vs. ICANN case involved many twists and turns, spanning nearly a decade of DCA's efforts to hold ICANN accountable for the harm it caused to DCA over the delegation rights of the .Africa new gTLD Registry.

Ongoing Community Work to Mitigate Domain Name System Security Threats

For over a decade, the Internet Corporation for Assigned Names and Numbers (ICANN) and its multi-stakeholder community have engaged in an extended dialogue on the topic of DNS abuse, and the need to define, measure and mitigate DNS-related security threats. With increasing global reliance on the internet and DNS for communication, connectivity and commerce, the members of this community have important parts to play in identifying, reporting and mitigating illegal or harmful behavior, within their respective roles and capabilities.

Developing Fully Informed, Generally Acceptable Procedures for Online Access to Medicines

Earlier this year, The Alliance for Safe Online Pharmacies (ASOP) released findings from their 2021 survey on American Perceptions and Use of Online Pharmacies. According to ASOP's data, U.S. residents' use of online pharmacies to purchase prescription medications continues to increase yearly. In 2021, 42% of Americans purchased medications from online pharmacies, either for themselves or family members under their care. This is a significant increase of 7% since just last year.

Another Year, Another ICANN NomCom

Another challenging year due to the Corona pandemic is coming to a close, and ICANN has held another virtual annual general meeting (AGM) -- the 6th in a row. Unlike last year, today, we can hope for a better next year. In many regions of the world, the figures look better, and the opening is progressing. That at least gives us hope that ICANN will hold face-to-face meetings again next year -- at least they are planning it so. That should also make it easier for the new Nominating Committee (NomCom).

WHOIS Policy at ICANN Continues to Fail

ICANN has once again acceded to the wants of contracted parties and is at risk of abdicating its duty to act in the global public interest when it comes to WHOIS policy. Its inability or unwillingness to date to reign in bad WHOIS policy, driven by contracted party interests, flies in the face of its previously-expressed policy goal “to ensure the continued availability of WHOIS to the greatest extent possible while maintaining the security and stability of the Internet’s system of unique identifiers.”

Afilias’ Rule Violations Continue to Delay .WEB

As I noted on May 26, the final decision issued on May 20 in the Independent Review Process (IRP) brought by Afilias against the Internet Corporation for Assigned Names and Numbers (ICANN) rejected Afilias’ petition to nullify the results of the public auction for .WEB, and it further rejected Afilias’ demand to have it be awarded .WEB (at a price substantially lower than the winning bid). Instead, as we urged, the IRP Panel determined that the ICANN Board should move forward with reviewing the objections made about .WEB, and to make a decision on delegation thereafter.

ICANN Is Violating Its Legal Agreements with the U.S. Government – Who’s Next?

In April, I published an article, The Multistakeholder Moment of Truth: Will Stakeholders Hold ICANN Accountable?, alerting stakeholders that ICANN is violating its legal agreements with the U.S. Government -- namely the InterNIC licensing agreement and merged Memorandum of Understanding. At that time, I warned that it is essential for stakeholders not to remain silent in the face of this transgression, "hoping that such behavior left unchecked will end of its own accord."