Earlier in the Registerfly controversy, ICANN Vice President Paul Levins posted to the ICANN Blog: "ICANN is not a regulator. We rely mainly on contract law. We do not condone in any way whatsoever RegisterFly's business practice and behaviour." This is disingenuous. ICANN is the central link in a web of contracts that regulate the business of domain name allocation. ICANN has committed, as a public benefit corporation, to enforcing those contracts in the public interest. Domain name registrants, among others, rely on those contracts to establish a secure, stable environment for domain name registration and through that for online content location. more
The Internet Commerce Association sent this letter to ICANN yesterday in regard to the RegisterFly situation: "I am writing to you in my capacity as Counsel to the Internet Commerce Association (ICA), a non-profit trade association dedicated to promoting and protecting the rights of domain name (DN) owners... It has come to our attention that an ICANN-accredited registrar is in the midst of what appears to be a near-complete operational breakdown, and that its ongoing failure to carry out its responsibilities is causing substantial economic loss to tens of thousands of DN registrants in both the United States and multiple foreign jurisdictions." more
The historical development of spam fighting is allowing computer-aware criminals to take the upper hand in the fight against what has now evolved into a completely technologically and organizationally merged threat to public safety. If we do not change our strategic approach immediately, the battle, indeed even the war may be all but lost... Of late, much has been said in the popular and computer press about a vector that is annoying, but hardly critical in nature: 'Image spam'. Spammers have jumped on the new technology of 'image-only' payloads, which morph one pixel per message, rendering them unique, and traditional check-sum blocking strategies ineffective... Fortunately this fraudulent stock-touting scheme leaves a paper trail that has allowed for some successful prosecutions in the latter half of the year. Stock spamming, while popular at present time is likely to decline as legal actions increase... more
A U.S.-led Task Force in ICANN's Governmental Advisory Committee (GAC) released version 3 of its "Whois Principles" in preparation for the ICANN meeting in Brazil, where it will be debated and finalized. European countries pushed back against U.S. Government efforts to stop ICANN from respecting privacy concerns in its handling of domain name registrant contact data... more
The Metropolitan NY Chapter of the Internet Society continued its popular series of public events at the Jefferson Market library in Greenwich Village with a panel discussion on WHOIS policy, moderated by Danny Younger. This is a contentious issue, involving tradeoffs between privacy, anonymity, and accountability. more
It was rather interesting to read this new agreement between the USDoC and ICANN talking about the mechanisms, methods and procedures necessary to effect the transition of Internet domain name and addressing system (DNS) to the private sector. What was more interesting though was to read in this very agreement the following: "...the Department continues to support the work of ICANN as the coordinator for the technical functions related to the management of the Internet DNS". OK, let's be honest! Technical? more
The London School of Economics review of the GNSO was recently released by ICANN. ...The review is refreshing. But first, a pause: Do you know what the GNSO is or what it does? Do ICANN's processes seem difficult to understand? I bet (unless you've been going to ICANN meetings) you don't know much about this. And the focus of the report on the impenetrability of ICANN's work is refreshing and very useful. more
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." more
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... more
This is serious. I'm not joking. You can look it up. Morgan Stanley brought a UDRP action involving the domain name 'mymorganstaleyplatinum.com' against a registrant identified as "Meow ("Respondent"), Baroness Penelope Cat of Nash DCB, Ashbed Barn, Boraston Track, Tenbury Wells, Worcestershire WR15 8LQ, GB." The decision summarizes the response... more
On Monday the 3rd, California state Senator Dean Flores held a hearing of the E-Commerce, Wireless Technology, and Consumer Driven Programming committee grandly titled AOL: You Have Certified Mail, Will Paid E-mail Lead to Separate, Unequal Systems or is it the Foolproof Answer to Spam?. The senator's office said they were very eager to have me there, to the extent they offered to fly me out from New York, so since I happened to be on the way home from ICANN in New Zealand that weekend, I took a detour through Sacramento. Sen. Florez conducted the hearing, with Sens. Escutia and Torlakson sitting in briefly. Unfortunately, Sen. Bowen, who is very well informed on these topics, wasn't there. There were five panels of speakers, and I got to lead off... more
As the ICANN's week-long meeting in Wellington, New Zealand is now fully underway, the approval of the proposed .XXX top-level domain (TLD) continues to remain a key topic of discussion and its eventual approval yet uncertain. The .XXX TLD was widely expected to receive its final approval at the ICANN's last meeting held in Vancouver about 4 months earlier but the discussion was unexpectedly delayed as the organization and governments requested more time to review the merits of setting up such a domain. Stuart Lawley, president of the would-be .XXX operator ICM Registry LLC offers his comments from Wellington. more
What would it take for this upcoming meeting to be a success? I am a big believer in ICANN's core principles, and in the forum it provides for private self-governance of domain names and numbers. I think the ICANN model continues to have great potential as a form of governance. For this meeting to be a success for me, personally, I'd like to see those core principles made more visibly operational -- or at least see a start made on this effort. I'm putting a stake in the ground with these posts, and we'll see whether progress happens or not. more
For three years, I've been a member of ICANN's "Interim" At-Large Advisory Committee, ALAC. At this Vancouver meeting, for the first time, the ICANN Board met with us, and Bret captured it on mp3 for podcast. ALAC criticized ICANN's proposed settlement with VeriSign, and then spoke about the problems with the current structure for at-large participation. more
The UN Secretary-General has been invited to "convene a new forum for multi-stakeholder policy dialogue." Everyone can see his/her hearts' desires in the WSIS deal: ICANN can believe that it has survived for another day; governments can believe that they will have "an equal role and responsibility for international Internet governance"; and there will be an enormous meeting in Greece by the second quarter of 2006 to start the Internet Governance Forum going. more
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