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On 21 August 2023, ICANN org. made its position in relation to the current state of the UN's Global Digital Compact (GDC) clear in a blog post by Sally Costerton (ICANN CEO), John Curran (ARIN), and Paul Wilson (APNIC), entitled "The Global Digital Compact: A Top-down Attempt to Minimize the Role of The Technical Community." The publication strongly criticizes the GDC's attempt at folding the technical community into the civil society umbrella under a "tripartite" approach also involving the private sector and governments, as proposed by the Secretary-General's Envoy on Technology, Amandeep Gill. more
It is almost 25 years since the Internet was privatized by the U.S. government. ICANN was formed by Esther Dyson and Jon Postel as a California-based non-profit with the responsibility to administer the Internet. However, the U.S. government retained limited control, primarily through the Internet Assigned Numbers Authority (IANA). It was the revelations, in 2013, of highly classified National Security Agency (NSA) documents by Edward Snowden that sparked global concerns over the U.S. dominance of the Internet. more
As many in the ICANN community prepare to depart for the sunny beaches of Cancun, Mexico, it appears the ICANN 76 meeting could be significant when it comes to the long-awaited next application window for gTLDs. It's been over 11 years since applicants were last able to apply for a gTLD (and some of those strings are still launching into the marketplace all these years later), and the community work to review that initial process has never really stopped. more
Late last year, the U.S. Federal Trade Commission - the governmental arm responsible for protecting Americans from unfair trade practices -- opened a comment period on a proposed "Trade Regulation Rule on Impersonation of Governments and Businesses." It's no surprise that those who are victims of or are battling online impersonation saw this as an opportunity to highlight the importance of a working domain name registration data system ("WHOIS") ... more
The recent adoption at the end of December of the new EU Directive for a high level of cybersecurity across the Union -- commonly referred to as "NIS2" - paved the way for important updates to the domain name system (DNS). Most significantly, Article 28 of NIS2 and its related recitals resolved any ambiguities about the public interest served by a robust and objectively accurate WHOIS system that permits legitimate access by third parties to data... more
I can hardly believe it's that time of year again -- time for our annual top 10 year in review. Having been at this for more than 20 years, you'd think I'd seen it all? But with the domain name industry, things are always in flux, and I could never have predicted some of these items. So without further ado -- here are the top 10 biggest stories from 2022. more
DNS Abuse and how to address it has been the topic of intense, often conflictual, and rarely conclusive discussions for many years, starting with the very definition of the term and the degree of responsibility bestowed upon DNS operators. In 2018, after several months of intersessional work, the Internet & Jurisdiction Global Conference brought together in Ottawa more than 200 key stakeholders to define a roadmap to address certain jurisdictional challenges on the Internet, including DNS abuse. more
WHOIS is about to become even harder to find. ICANN has recently concluded long-delayed contract negotiations with industry meant to accommodate the technical migration from the WHOIS protocol to the Registration Data Access Protocol (RDAP). Instead of limiting the changes to what's necessary to implement the new technical protocol, the proposals effectively gut WHOIS, making it virtually impossible to find by eliminating web-based WHOIS access... more
As we passed five years since the Internet Assigned Numbers Authority transition took place, my co-authors and I paused to look back on this pivotal moment; to take stock of what we've learned and to re-examine some of the key events leading up to the transition and how careful planning ensured a successful transfer of IANA responsibilities from the United States Government to the Internet Corporation for Assigned Names and Numbers. more
After years of work on a proposed standardized system of WHOIS data disclosures (referred to as SSAD), and over a year of operational assessment of the proposal by ICANN itself, the ICANN Board seems poised to reject the proposal. And rightly so. The proposed SSAD is entirely watered down, fractured, and affords no oversight powers to ICANN regarding disclosure decisions that would continue to be left to the complete discretion of individual registrars (the very parties ICANN oversees). more
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. more
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. more
At ICANN's recent virtual meeting, I was fortunate enough to join a panel facilitated by the Brand Registry Group (BRG), an association of organisations promoting the use of brand top-level domains, where we discussed the release of the next round of the generic top-level domain (gTLD) program. The fact that I was participating in a discussion like this is hardly news, as I've been commenting on the policy discussions and debating its role in the digital landscape for years. more
During ICANN71, the Brand Registry Group (BRG) openly asked potential future applicants what ICANN can do to help prepare them for the next gTLD round. The answer was very clear - commit to opening the next round and provide as much information as possible early on. However, in recent correspondence to the BRG from ICANN Chair, Maarten Botterman, he emphasized that "significant work lies ahead of us: the 2012 Applicant Guidebook must be updated with more than 100 outputs... more
We're halfway into ICANN71, and early interactions are posing questions about ICANN Org's capability to carry out its mission to maintain an orderly domain name system (DNS). Or, if that's not the case, ICANN leadership seems bent on a hands-off approach to its oversight responsibilities to the DNS. For years now - years - the ICANN community has raised the volume level about acute issues -- a workable Whois management and access system (including clearly delineated controllership)... more
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