On Friday, October 28, Afilias issued a public statement urging the Internet Corporation for Assigned Names and Numbers (ICANN) to nullify the results of its July 27, 2016 public auction for the .web new generic top level domain (gTLD) -- in which Nu Dotco, LLC (NDC) submitted the highest bid for .web -- and disqualify NDC from participation in the .web contention. The real issue here is whether ICANN should enforce the results of a fair and competitive public auction... more
Last month, in a much heralded international event, the agreement that ICANN held with the United States Department of Commerce was permitted to lapse and so ICANN became an independent manager of the Internet's addressing system. While some argued that the organization was not "ready" for the transition, the majority of ICANN's multi-stakeholder community, including Afilias, agreed that sufficient accountability measures were in place to ensure that ICANN remains a responsible (and responsive) international organization. more
With less than 24 hours to go before the historic contractual relationship between the US government and ICANN is set to expire, a motion hearing is expected to be held today based on a lawsuit filed in federal court in Texas by four states' attorneys general which could lead to NTIA facing the possibility of a temporary injunction. more
Earlier today the U.S. Court of Appeals for the DC Circuit issued its decision in Weinstein vs. Iran, a case in which families of terror victims sought to have ICANN turn over control of Iran's .IR ccTLD to plaintiffs. In a unanimous decision the three judge panel stated, "On ICANN's motion, the district court quashed the writs, finding the data unattachable under District of Columbia (D.C.) law. We affirm the district court but on alternative grounds." more
The ICANN community review and Board approval of the draft Bylaws intended to implement the Work Stream 1 (WS1) recommendations of the Cross-Community Working Group on Accountability (CCWG-ACCT) are nearing completion. As we approach that marker, it is worth remembering that a major impetus for the approaching transition of IANA functions control away from the U.S. Government (USG) to the multistakeholder community was the notion that termination of the remaining "clerical function" performed by the USG within the context of the current IANA contract would dampen criticism of ICANN's relationship with the USG... more
Departing ICANN CEO Fadi Chehadé has penned a goodbye letter to the organisation's Board as he prepares to leave this March. The 7-page letter reads like a long list of Chehadé's achievements since he took over the helm in 2012. Whilst there can be little doubt about Chehadé's tireless energy and dedication to making ICANN a more effective governance mechanism for the Internet, his celebration of the last four years seems to overlook one important opportunity. more
ICANN's Board Governance Committee (BGC) today released its comments on recent reconsideration request of dotgay LLC's new top-level domain .GAY application. Kevin Murphy from Domain Incite reports: "ICANN has refused dotgay LLC's latest appeal against adverse .gay decisions, and has taken the unusual step of preemptively defending itself against probably inevitable accusations from gay right groups." more
Like everyone else, former ICANN board members have been preoccupied by the horrific November 13th, 2015 attacks on Paris, France, by a bunch of cold-blooded mass murderers. Our email list discussion of the Paris attacks covered a number of issues, including the inevitable question: what, if anything, should ICANN do in response? Some list subscribers concluded that the events had nothing to do with ICANN's mission, and that we should just sigh and move on. Others, on the other hand, said: not so fast, it would serve ICANN well to take a closer look at the matter, and its ramifications on wider world of ICANN. more
Every person and every entity must have a philosophy if they are to be successful. Consumer trust is one of the key issues at the heart of keeping the Internet open as well as prosperous. The ICANN Affirmation of Commitments was signed in 2009 and has been the guiding principle for ICANN's activities going forward. The title of section 9.3 is Promoting competition, consumer trust, and consumer choice. This section is in essence the embodiment of the commitment of ICANN. more
Having been passed over by the "old guard" Board Governance Committee of ICANN Board of Directors, I took the occasion to speak from my heart to provide the "new guard" with the observations of a 16-year ICANN volunteer. For those of you in the community who are wondering what happened, what follows is word for word what I shared with the Board of ICANN at my closed door proceedings. more
The members of the ICANN community engaged in the work of the Cross Community Working Group on Enhancing ICANN Accountability (CCWG-ACCT, or just plain "CCWG" for this article) has been engaged since late 2014 in designing an enhanced ICANN accountability plan to accompany the transition of oversight of the IANA root zone functions from the National Telecommunications and Information Administration (NTIA) to the global multistakeholder community. On August 3rd the CCWG released its 2nd Draft Report (Work Stream 1) for a public comment period that closed on September 12th. more
When last we wrote, trademark lawyers had written an outraged letter to ICANN about the $2500 price to preregister trademark.sucks names, and ICANN, reliably panicking in the face of legal threats, wrote to the US Federal Trade Commission and Canadian Office of Consumer Affairs saying please tell us that's illegal so we can shut down this registry with whom we just signed a long-term contract. (The mysterious $1 surcharge turned out to be a weak attempt by ICANN to collect debts that affiliates of registry owner Momentous defaulted on long ago.) more
The following is the easyDNS response to ICANN's public comment period on GNSO Privacy & Proxy Services Accreditation Issues Working Group Initial Report. The public comment period is open until July 7, 2015. We strongly urge you to make your voice known by signing the petition over at Save Domain Privacy. I submit these comments as a CEO of an ICANN accredited registrar, a former director to CIRA and a lifelong anti spam contributor with an unblemished record of running a managed DNS provider that maintains zero tolerance for net abuse or cybercrime... more
ICANN's new gTLD program provides for last resort auctions to settle contention sets where the competing applicants are unable to reach agreement by negotiation or private auction, with the proceeds going to a segregated ICANN account. With the recent $25 million bid of Google to secure control of the .App registry the total proceeds of those ICANN auctions has swelled to $58.8 million. The final sum by the end of the first round could go higher, perhaps to more than $100 million. That's serious money. more
Although I don't have a lot of sympathy for the trademark lawyers' argument that trademark holders need to register .sucks domains cheaply before anyone else can, there is one point at the end of their letter that's worth a look. The registry contract for .sucks, between Vox Populi and ICANN, has this sentence that appears (as far as I know) in no other registry contract, in the section on Registry-Level fees. more