ICANN

Freedom of Expression Chilled by ICANN’s Addition of Speech Restrictions in DNS

Freedom of expression on the Internet is at risk from ICANN's recent decision to prohibit anyone but one specific type of doctor from using the word within the .doctor new gTLD space. Last month, ICANN's New GTLD Program Committee decided that only "medical practitioners" would be allowed to register a domain in the .doctor name space. ICANN's decision to exclude numerous lawful users of the word, including a broad range of individuals who are in fact doctors, comes at a time when the world is watching ICANN to see if it can adequately protect Internet users' rights in the absence of US Government supervision. more

Estimating Trademark Claims Notice Suppression of Non-Infringing New gTLD Registrations

On February 2nd ICANN staff announced the release of a Draft Report: Rights Protection Mechanisms Review that is open for public comment until May 1st. This Draft Report is preliminary to an Issues Report requested by the GNSO Council that is due to be delivered by September 30th, and that may set the stage for a Policy Development Process (PDP) on Rights Protection Mechanisms (RPMs) that could commence in 2016. Such a PDP could consider comprehensive reform of these RPMs as well as of the Uniform Dispute Resolution Policy (UDRP). more

ICANN: Our Top 3 Policy Priorities for 2015

2014 was a big year for us and for our clients. The new gTLD program forced us to rethink, reprioritize and implement new and different strategies to protect our brands online. The uncertainty largely behind us, and with more information at our fingertips about just how well (or not) brands are faring in the new environment, it's time to look forward to what we can do in 2015 to fix what's broken, throw away what's useless, fight for what's important... more

Moving ICANN Meeting from Marakech Would Send the Wrong Message

Reports of the cancelation of the ICANN 52 meeting in the Moroccan town of Marrakesh appear to be exaggerated. They did, however, force the organization to issue a statement on Sunday confirming that while "no decision had been taken yet" ICANN was considering postponing the meeting in Marrakech scheduled for 8-12 February, 2015. This would a mistake, in our opinion... more

Beyond NETmundial: Initiative or Inertia?

The April NETmundial meeting was a seminal event in the history of Internet Governance. Fears that the meeting might fail to reach consensus were not realized. Instead, the participants achieved a high degree of harmony -- the "Spirit of NETmundial" -- that resulted in issuance of a consensus Statement that, while lacking in precise detail, was effused with positive energy. Since that meeting there has been considerable discussion within the Internet Governance (IG) community as to what lessons have been learned from NETmundial, and how its work might best be carried into the future. more

ICANN Community Issues Unprecedented Letter Questioning ICANN’s Proposed Accountability Process

In another unpredicted development the entire community of ICANN stakeholders has sent a joint letter to CEO Fadi Chehade and the ICANN Board that strongly questions the "Enhancing ICANN Accountability and Governance - Process and Next Steps" document published by ICANN staff on August 14th over widespread community objections. Signatories to the August 26th letter include the GNSO Council and all of the GNSO's stakeholder groups and constituencies, the Country Code Name Supporting Organization, the At-Large Advisory Committee, the Security and Stability Advisory Committee - and, most surprisingly, the Governmental Advisory Committee. more

Quelle Suprise! ICANN’s Accountability Plan Gives ICANN Board Total Control

After a long await, ICANN's senior management finally released its plan for "Enhancing Accountability" at the private California corporation that makes global Internet domain name policy. Unfortunately, the accountability deficit crisis created by ICANN's longstanding policy of purely "self-policing" with no meaningful external accountability mechanisms will not be solved by this weak plan for more self-policing. more

ICANN’s .IR Response Opens Legal Can of Worms

ICANN has filed its initial response to writs of attachment issued by U.S. Courts that seek to have ICANN transfer control of the country code top level domains (ccTLDs) of Iran, Syria and North Korea to plaintiffs in various legal actions. The lawsuits were brought under a U.S. law that permits victims of terrorism and their family survivors to seek the assets of governments that provided support or direction of the terrorist acts. more

NTAG Chair Blog: A Better Auction Framework

New gTLD Applicants now have a more fair and reasonable ICANN auction framework. A collaborative negotiation between the New TLD Applicant Group (NTAG) Auctions Working Group and ICANN Staff resulted in changes that improve the auction rules and bidder agreement. The indemnification and waivers in the agreement are now aligned with breaches that applicants can control. Applicants also now have an indemnification from Power Auction for third party claims related to IP infringement. more

Black Helicopters for the DNS: What Happens In 2025?

When Steve delBianco from NetChoice testified (April 2, 2014) in the Subcommittee on Communications and Technology of the US House of Representatives on "Ensuring the Security, Stability, Resilience, and Freedom of the Global Internet", he proposed a stresstest for new mechanisms which could substitute the role of the NTIA in overseeing the IANA contract with ICANN. Stresstests are good. It is good for cars, it is good for banks and it is good for new mechanisms... more

What the US Government Said About IANA in Singapore

Two weeks ago, the US government announced it would transition its role in the IANA functions to the global Internet community. It tasked ICANN with the job of arriving at a transition plan and noted that the current contract runs out in 18 months' time, 30 September 2015. This week, ICANN started that process at its meeting in Singapore. And on the ground were the two key US government officials behind the decision. more

Finishing What We Started: A Level Playing Field for New gTLDs

While the Internet governance debate devours headlines, it's almost easy to forget that ICANN is in the midst of the most audacious and important policy process it has ever undertaken. And while many new generic top-level domains are now live, the process of ensuring the best opportunity to fulfill their potential is not yet complete. We recently reached the milestone of 280,000 registrations in the Donuts gTLDs that are currently generally available. more

Playing the Long Game at the Internet Governance Poker Table

Poker players say if you can't spot the fish within your first 15 minutes at the table, you're the fish. With that in mind, I'm tempted to ask ICANN President Fadi Chehade who's the fish in the high-stakes game of global Internet governance we're now playing. In 2013, ICANN dramatically changed its course in the global Internet governance debate. For a decade ICANN largely stayed out of the game, allowing stakeholders to defend the multi-stakeholder model where private sector and civil society are on equal footing with governments. But in 2013 ICANN went on the offensive... more

Rewiring Internet Governance: Choice and Control (Part 2)

It is tempting to write off ICANN as a U.S. foreign policy lackey and that's all there is to say about ICANN. However, if the mantra for rewiring governance means "lets get ICANN" we risk missing forest for trees. ICANN is merely the symptom of a dysfunctional governance predicament that somehow (despite best efforts) skews oversight. Shapiro, for example, regards oversight as a "game" (1994). His "delegation dilemma" or "agency problem" stems from two options, neither of which are attractive vis-á-vis governance. more

How Insider Domain Theft Can Bring Down ICANN

If a hired philosopher graced ICANN, the work would get down to brass tacks. "What is it?", she would ask, that drives ICANN beyond the mysterious dot that apparently represents the root. One can picture subsequent appeals from senior management to its navels, for clues as to what in the end game the root truly represents. I surmise that contemplating bred-in-the-bone values does not resonate easily or often at ICANN. Its like that unreachable itch that evades our scratch; we can't get at the source. more