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ICANN has now accepted several hundred new top level domains (TLDs) and some of them are now open for general registration. I have sized up for zone file access, so I can download daily snapshots of most of the active zones, and I'm making daily counts of the number of names in each zone. more
In an important test of ICANN's primary accountability mechanism, its Independent Review Process (IRP), the organization has been handed a stinging blow over its mishandling of the bid for the new generic Top-Level Domain (gTLD) .AFRICA. At the crux of the issue are two competing applications for the .AFRICA new gTLD and the decision by ICANN's Board to abdicate its responsibility to ensure that ICANN's evaluation and subsequent rewarding of the domain was carried out fairly, transparently, and in accordance with the organization's Bylaws, Articles of Organization, and established policies. 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
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 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
After two decades of involvement with ICANN, I am stepping down from the Board of Directors, where I served for nine years. I have spent considerable time of late reflecting on the past 20 years, and I have isolated some memories that help frame my time with ICANN. ... November 2000, ICANN07 in Marina del Rey, California - With only a scant idea of what ICANN is all about, I am warmly welcomed by the flag-wearing country code top-level domain (ccTLD) community, who come to ICANN to ensure that nothing happens to affect the independence of ccTLDs... more
Many gTLD applicants with strings in contention have already heard about the Applicant Auction, a voluntary private auction for resolving string contention that my colleagues and I are organizing. In this post we'd like to share some updates on our progress. Most importantly, we realized that more than just an escrow agent is needed for the success of a private auction of this scale, and we have partnered with Morrison & Foerster, LLP, a global law firm, who will be acting as the neutral party for our auctions. 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
International organisations should step in to prevent the "tasting," "kiting" and "spying" related to Internet domain names, say representatives from the US telecommunications and trademark industries. These new activities are dramatically altering online commerce and impacting legitimate businesses, and the United States Federal Trade Commission (FTC), World Intellectual Property Organization (WIPO) and the Internet Corporation for Assigned Names and Numbers (ICANN) should take action, they say. The US Anti-Cybersquatting Consumer Protection Act (ACPA) had too many loopholes given the actual trends in the domain name secondary market, said Sarah Deutsch, vice president and associate general counsel for Verizon, and Marilyn Cade, former AT&T lobbyist and now consultant on Internet and technology issues... 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
The European Union (EU) has set a high bar by tackling domain name system (DNS) abuse head on via government regulation and seems to have successfully resisted attempts to water down DNS stewardship obligations. Recent guidance from a key European Commission cooperation group (the NIS Cooperation Group) handling sections of the Network and Information Security Directive (NIS2) intends for a robust implementation of Article 28, which will go a long way toward helping to mitigate some of the longstanding problems that persist in the DNS. more
When all you have is a hammer, everything appears to be a nail. The generic Top-Level Domains (gTLDs) are not just about trademark filing and battle posturing or cyber-squatting. They are about the potential to create unusual global intellectual properties offering multiple opportunities for rapid image expansion and - most importantly - the achievement of market domination via name identity. more
In a paper for the Washington & Lee Law Review, University of Idaho College of Law Professor Annemarie Bridy, depicts ICANN's ambivalent drift into online content regulation through its contractual facilitation of a "trusted notifier" copyright enforcement program between the Motion Picture Association of America (MPAA) and two registry operators for new gTLDs, Seattle-based Donuts and Abu Dhabi-based Radix. 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
ICANN oversees the creation of many contracts. Its highest paid contractor has historically been the law firm of Jones Day, and of course ICANN has many lawyers on staff. In the past I've identified loopholes in proposed contracts, and those were corrected before they were exploited. However, are there other loopholes sitting in existing contracts waiting to be exploited, or ambiguities with major financial consequences depending on their interpretation? more
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