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ICANN’s 11th-Hour Domain Name Trademark Policy Negotiations: The Good, The Bad, and The Ugly

ICANN organized a meeting on 15-16 November 2012 in Los Angeles, the Trademark Clearinghouse policy negotiations... I participated on behalf of noncommercial users in the policy meeting in person in LA on 15 November, and then for part of the discussion on 16 November via telephone. Here is my personal evaluation of the meeting and my initial reactions to the output of the meeting pending further discussion with the NCSG Policy Committee. more

Introduction: New gTLD Security and Stability Considerations (Part 1 of 5 )

Verisign recently published a technical report on new generic top-level domain (gTLD) security and stability considerations. The initial objective of the report was to assess for Verisign's senior management our own operational preparedness for new gTLDs, as both a Registry Service Provider for approximately 200 strings, as well as a direct applicant for 14 new gTLDs... However, in cataloging internal and external risks related to the new gTLD program, we found several far-reaching and long-standing issues that need to be further explored and/or resolved with varying levels of urgency. more

What Does It Take To Repair Trust? What Will It Take ICANN To Win Back “Trust”? (Part I)

Some readers may wonder why I chose to raise the issue of "trust" now or even ask what it will take for ICANN to repair it. After all, the New gTLDs have been launched; applications have started being received, and all ICANN official announcements are that all is good and going according to plan. But many other readers and astute observers of this space, domestic and international, would not confuse the public dead silence we are hearing from ICANN and its insider community or the euphoria of the long awaited application submissions we are seeing to mean that all is perfect. more

Independent Objector (IO) Launches Objection on New Applied-for gTLDs

Independent Objector (IO) has lodged objections on 24 new Applied-for gTLD (name scripts) before the International Chamber of Commerce (ICC) on 12th March 2013. IO has exercised his important role and functionality in favor of Public interests on the grounds of Limited Public Interest and Community. New gTLD name scripts .Med, .Health, .Hospital, .Amazon, .Indians are included in the list of objections filed. more

Help ICANN Fix Whois Conflicts With Data Privacy Law

ICANN has opened a comment period in relation to whois conflicts with local law / data privacy law. Of course anytime ICANN, or anyone else, tries to make any changes to whois policy there are issues. Whois is, for a variety of reasons, an emotive subject... under EU law many feel that registration details for domain name registrants need to be handled in a manner that is more compatible with the EU Directives and local law more

GDPR - Territorial Scope and the Need to Avoid Absurd and Inconsistent Results

There is an urgent need to clarify the GDPR's territorial scope. Of the many changes the GDPR will usher in this May, the expansion of EU privacy law's territorial scope is one of the most important. The GDPR provides for broad application of its provisions both within the EU and globally. But the fact that the GDPR has a broad territorial scope does not mean that every company, or all data processing activities, are subject to it. more

Domains and the Freedom to Speak

For a very long time, predating the birth of ICANN, there's been a running battle about what should be required when one registers domain names. To oversimplify quite a lot, one side sees domain names as an essential component of free speech, so anyone should be able to register any domain without limit, the other notes that they're primarily used for commercial purposes and they enable quite a lot of mischief, so the more control, the better. more

The EPDP on Generic Top-Level Domain Registration Data: Phase 1 Down, Phase 2 To Go

The ICANN community recently gathered in Kobe, Japan for its first meeting of the year and it was certainly a busy week for attendees. Much of the meeting centered around the work of the Expedited Policy Development Process (EPDP) to address gTLD registration data. As a member of the EPDP team, we had been hard at work since being formed in August of 2018. Just prior to the Kobe meeting, we published the phase 1 Final Report. more

ICANN And The DOC Can’t

The former contract with ICANN and the US Department of Commerce (DOC) was due to expire on September 30, 2002. In the statement announcing the renewal, the DOC acknowledged that ICANN was the subject of many complaints from many sectors of the Internet community. Some of these complaints had been presented to the US Congress during a hearing held in June 2002 by a Senate Subcommittee. At the hearing, a General Accounting Office (GAO) spokesperson, Peter Guerrero, testified, noting not only that ICANN had failed in its mandate, but that the U.S. Department of Commerce was also at fault in failing to properly oversee ICANN activities. He explains... more

How to Fix WHOIS - Part 2

The key to fixing any part of the Internet infrastructure is to understand the business cases for the parties whose behavior you want to influence and design the technology accordingly. People who follow this approach (Sir Tim Berners-Lee and the World Wide Web) have a chance of succeeding. People who ignore it (DNSSEC, IPv6) will fail. The root problem here is that the ICANN DNS does not differentiate between the parts of the Internet that are accountable and those that are not. more

EU Throws Down Gauntlet to ICANN

A few weeks ago the EU Commissioner Viviane Reding published a video where she talked about the EU's views towards ICANN and internet governance. The video received quite a bit of attention at the time, but it wasn't an official position of the EU at that juncture i.e. it was Ms Reding's. Earlier today that changed when the EU issued an official release on the subject calling for "a more open, independent and accountable governance of the Internet". more

ICANN and the Virtues of Deliberative Policymaking - Part II

In the second part of this two-part series article (part one here), Andrew McLaughlin concludes his critical look at the recently reported study, Public Participation in ICANN, by John Palfrey, Clifford Chen, Sam Hwang, and Noah Eisenkraft at the Berkman Center for Internet & Society at Harvard Law School... "ICANN has never attempted to be -- and was never designed to be -- 'representative' of the worldwide Internet community in any mathematically precise way. In view of the vast size of the global population of Internet users, and the specialized technical focus of ICANN's policy-making responsibilities, it would be a hopeless task to try to achieve truly representative statistical proportionality among ICANN's participants, committees, task forces, or Board members. Rather, here's how the U.S. government's foundational 1998 DNS policy statement described the core principle of 'representation'." more

ANA Moves Campaign Against New gTLDs to YouTube, Accuses ICANN of Lying

The Association of National Advertisers (ANA) has shifted its campaign against ICANN's new gTLD program to YouTube with a video from its President accusing the organization of "lying" about having reached a consensus over its plans, reports Kieren McCarthy at .Nxt. "The video ends with a dramatic statement, clearly devised to produce stories such as this one: 'So we'd like to say to ICANN: your claim for consensus it wrong, it is false, it is a lie." more

Why Registry Service Providers Should be Accredited by ICANN

The merits of a Registry Service Provider accreditation programs have been debated across the Domain Industry since the most recent round of Domain Name Registries were introduced starting in 2012. This post discusses the early reasoning in support of an accreditation program; changes in the policy considerations between 2012 and now; the effects of competition on the landscape; a suggestion for how such a program might be implemented; and why such a program should be introduced now. more

Peering into Fast Flux Botnet Activity

Together with Thorsten Holz, I recently published a paper on fast flux botnet behaviors, "As the Net Churns: Fast-Flux Botnet Observations," based on data we gathered in our ATLAS platform. Fast flux service networks utilize botnets to distribute the web servers to the infected PCs... One of the most well known fast flux botnets has been the Storm Worm botnet, which uses the zombies to spam, send out new enticements to infect users, and to host the malicious website which delivers the malcode. more