Patent practitioners are familiar with the long-honored practice of engaging in standards-setting activities with the aim of having the standard ultimately require the use of one's proprietary technology. This practice is no longer limited to patents, but has become the game the whole family can play. While most standards-setting organizations have caught on, and have implemented IP disclosure policies, ICANN has not done so... As some are aware, the question of making single-character domain names available has been a perennial topic of discussion within ICANN, championed by a few who have quietly been engaged in some interesting advocacy within the USPTO along a parallel track. more
Earlier this week, we inserted eleven new top-level domains in the DNS root zone. These represent the term "test" translated into ten languages, in ten different scripts (Chinese is represented in two different scripts, and Arabic script is used by two different languages). This blog post is not about that. (If you're interested about it, read our report on the delegations.) What I would like to talk about is some of the difficulties we face today in expressing scripts in a consistent way over the Internet... more
One issue that a large number of domainers agree on is that domain tasting under the current ICANN-approved policy is bad for the industry. For one thing, a healthy portion of the practice involves trademark use that not only is illegal but also destroys value. Of course, particular segments of the domain name ecosystem can suffer value destruction because of tasting that doesn't infringe trademarks. But most criticism is directed, and rightly so, at tasting that raises trademark issues. Litigation over the trademark issues has done little to stop the practice and destroys value for trademark holders and domainers alike... more
In an entry in the ICANN blog, Paul Levins says they've arranged to move Registerfly's domains to another registrar. They won't say who the other registrar is beyond "an existing accredited Registrar with a demonstrated record of customer service" which could be just about anyone other than Registerfly. They have "most" of the registrant data. All is to be unveiled next week. In the meantime, read the comments on the blog... more
Wednesday was the open public consultation preparing for the second meeting of the Internet Governance Forum, which will take place in Rio de Janaeiro on 12th-15th November. Although the inaugural Athens meeting was widely deemed a success, having largely stayed off the dread topics of wresting control of DNS from ICANN and IP addressing from the RIRs, the usual suspects were back demanding that these topics be added to the agenda. more
Today on Dave Farber's IP list, someone revived the ancient argument that ICANN imposes limits on the number of top level domains (TLDs) because to have more than a few will cause DNS to wobble and cause the internet to collapse. Although long discredited, that argument hangs around like a zombie. ICANN has never been able to adduce a shred of proof that there is anything to support that assertion... more
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... more
In the late summer of 2006, the ICANN Nominating Committee will convene to select three members to the ICANN Board of Directors, and four members to various councils. Depending on the global visibility of the nominees, and the current political and technical currents pulling at the Internet community, these nominations will be both pilloried and lauded in different circles. This process of selecting a good ICANN board member is astonishingly complex; I should know, having served on the founding NomCom in 2003, and the succeeding NomComs in 2004 and 2005. By far the biggest challenge is finding good candidates... more
Ok, so I had a day in Wellington that was not busy with other things so I thought I'd wander over to the ICANN venue and sit in on the PUBLIC Forum... I saw friends on the walk over and we entered the venue, chatting about several different things. They pulled out their badges. I didn't have one. They were admitted, I was denied entrance... more
"GOD, at least in the West, is often represented as a man with a flowing beard and sandals. Users of the Internet might be forgiven for feeling that nature is imitating art — for if the Net does have a god he is probably Jon Postel" (The Economist, Feb. 1997) David W. Maher, Senior Vice President, Law and Policy of Public Interest Registry (PIR) offers his reminiscence of the early days of the Internet and attempts made to restructure the Domain Name System — an article he has entitled 'Reporting to God'. more
If you have been following the debate over Internet governance over the past few years, you know that while ICANN supporters (U.S., Canadian, Australian governments; business lobby) and critics (developing world and occasionally Europe) argue over the optimal approach, particularly with respect to government involvement in the domain name system, the reality has been that possession is all. ...The alternate root has always lurked in the background as a possibility that would force everyone to rethink their positions since it would enable a single country (or group of countries) to effectively pack up their bags and start a new game. ...It is with that background in mind that people need to think about a press release issued yesterday in China announcing a revamping of its Internet domain name system. Starting tomorrow, China's Ministry of Information Industry plans to begin offering four country-code domains. more
In September 2005 ICANN approved the first top–level Internet domain to be dedicated to a particular human language and culture: '.cat'. A related paper was recently published in First Monday by Peter Gerrand, titled "The Catalan campaign to win the new .cat top level domain". As explained in its abstract, the paper explains: "While '.cat' creates a precedent for greater use on the Internet of 'minority languages', there are significant hurdles for other candidates for language–based top–level domains. The paper discusses the concomitant factors needed to support the greater use of any minority language on the Internet." more
This document is intended to be a starting point for a discussion on upcoming city Top-Level Domain Names (city TLDs) such as .berlin, .nyc, or .london. It reflects considerations about the impact of city TLDs on the city society, the individuals in the city, the regional and global environment, and the Internet at large. more
Unfortunately I cannot be in Vancouver for the conference. I write this from Cape Town, venue of last years fall ICANN. I want to disclose a couple of things upfront. Those who know me will know I am nothing if not strongly independent in my views. However disclosure helps those of a more suspicious mind know my associations and if they choose to, take them into account in interpreting my opinions. ...I am somewhat disappointed by the reaction to the proposed settlement. I feel that most of the discussion fails to take into account the actual conditions under which the settlement has been negotiated. more
The basic problem posed by WSIS was the role of national governments and national sovereignty in global Internet governance. That conflict remains completely unresolved by the WSIS document. The document's thinking is still based on the fiction that there is a clear divide between "public policy" and the "day to day operation" of the Internet, and assumes that governments should be fully in control of the policy-setting function. Moreover, new organizational arrangements are being put into place which will carry on that debate for another 5 years, at least. The new Internet Governance Forum is a real victory for the civil society actors, but also fails to resolve the basic issue regarding the role of governments and sovereignty. Although called for and virtually created by civil society actors, the language authorizing its creation asks to involve all stakeholders "in their respective roles." In other words, we still don't know whether this Forum will be based on true peer-peer based interactions among governments, business and civil society, or whether it will reserve special policy making functions to governments. more