For those closely following the ICANN Meeting in Nairobi this week, the EOI (Expression of Interest) model seemed like a foregone conclusion. In fact, ICANN had scheduled a webinar on March 18th to explain the process despite the complaints of the community and large-scale disagreement amongst proponents of the EOI. more
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
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
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
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
When he wanted to show the transformative and unifying power of the Internet to open this week's ICANN meeting in Seoul, ICANN President Rod Beckstrom had an ace in the hole: Korean guitarist Jay (Jeong-hyun Lim), who became a global YouTube sensation with his hard-rocking version of Pachelbel's Canon. As I watched Jay wail on his gold-plated guitar to standing ovations, I couldn't help but think of Rod waxing that the Internet was a "symphony" of ideas and voices from around the world. more
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
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
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
The ICANN bylaws require a periodic review of ICANN structures and operations; the first of such reviews, that of the Generic Names Supporting Organization Council, is scheduled to be finalized in the next few weeks prior to the start of ICANN's annual meeting. To begin discussion on this topic, I draw your attention to a very thoughtful question posed by Joe Sims during the prior ICANN reform process... more
Internet root servers will soon allow domain name registrations in nine Indian scripts, according to Universal Acceptance Steering Group (UASG). more
A series of recent applications for national trademark rights in terms that correspond to likely strings for new top-level domain names, or TLDs, (e.g., ".BLOG") highlight just one way in which ICANN's new generic TLD (gTLD) application process is likely to be "gamed." But it is also a strategy to which some trademark holders may feel compelled to resort to defend their rights to that string. Unfortunately, it does not appear that ICANN is addressing these important public policy considerations. more
ICANN's mission, and the avoidance of "mission creep", is currently the subject of intense debate in the Internet community. Multiple cross-community working groups are dealing with the proposal by an agency of the United States government, NTIA, to give up the last vestiges of its control of the IANA function. Many of the new organizational structures under consideration purport to deal with ICANN's expanding mission. more
This post is based on the scenario that a trademark.tld domain name is registered with a UK ICANN accredited registrar, (they have an exclusive UK jurisdiction clause in their contracts), the trademark.tld criticism website located at that domain name is strictly non-commercial, the servers are located in the UK, and the registrant is a British citizen. In the above circumstances, the corporations and/or their lawyers are taking a big risk when they use the Domain Name Dispute Resolution Policies (UDRP) in order to silence criticism at trademark.tld. more
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