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Digital Marketing & gTLD Strategy Congress - London, Sept 2013

In partnership with Momentum event group, CircleID will be updating this page to provide up to date information for the Digital Marketing & gTLD Strategy Congress taking place in London, September 26 - 27, 2013. more

Threats to Internet Oversight Mount as Key Protection Expires

Before the US Government abdicates its oversight of the Internet Corporation for Assigned Names and Numbers (ICANN) it should take a long, hard look at the mounting efforts by world governments to assume greater power over the Internet's addressing system. If those efforts meet no further resistance, the once-theoretical threat of "capture" could become a reality. At the end of September, the Joint Project Agreement (JPA) between ICANN and the US Government is set to expire. The JPA is part of a decade-long agreement where the US transitions control of Internet addressing to ICANN. more

ICANN Documentary Information Disclosure Policy Request

Listed below is correspondence that I have submitted to ICANN's general counsel in connection with the organization's stated documentary information disclosure policy. more

WIPO’s Misleading Release

The World Intellectual Property Organization put out a release yesterday trumpeting an eight percent increase in domain name disputes handled by WIPO. In 2008 there were 2329 complaints filed with WIPO, the most ever. WIPO uses the increase to raise questions about the possible increase in the number of available generic top-level domains... more

Beyond Limitations and What Good It Would Do to ICANN to Operate from Abundance

The ICANN community is conservative. A considerable number of dedicated ICANN volunteers from various constituencies believe that ICANN should follow the unusual logic of limiting its revenues to the levels of its CURRENT estimates of expenditure. The Board, acting on the advise of the ICANN community brought down the ICANN transaction fee per domain name from 25 cents to 16 cents and in the case of numbers, for various reasons the Address Registry fees that it collects from the Regional Internet Registries have been historically kept at a negligibly low level. more

Radical Shift of Power Proposed at ICANN Putting Govts in Primary Decision Making Role

ICANN has proposed a major change to its bylaws that would require the organization to adopt all policy "advice" issued by the Governmental Advisory Committee (GAC) unless 2/3 of ICANN's non-conflicted board members vote to oppose the adoption of that governmental rule. This draconian proposal to change ICANN's bylaws would fundamentally transform ICANN away from being a "bottom-up" and "private-sector-led" organization and into a governmental regulatory agency... more

CAN SPAM Applies Even Within a Single Provider

I recently came across a copy of a ruling in the bizarre case of MySpace vs. theglobe.com. Theglobe.com was the ultimate dot.com bubble company. It started up here in Ithaca, and went public at the peak of dot.com hysteria with one of the the greatest one-day price runups ever. Since then they bought and sold a variety of busineses, none of which ever made any money, including the Voiceglo VoIP service which appears to be what the spam was promoting. more

Breaking the Internet’s Consensus Rule

The Internet, ultimately, is a fragile thing, as an entity. It depends upon the consensus of those responsible for its infrastructure to operate on a daily basis. Because of the inherent robustness as a technical architecture, there is no entity that can "break the Internet" in the sense of stopping the flow of traffic, but there are several entities that can create a variety of inconveniences, some minor and some serious, for the millions who use the Internet. more

Some Thoughts on ICANN’s Next CEO

Now that the search has officially commenced, I thought it might be useful to make some public statements as to what I would like to see from the next ICANN CEO. My comments are driven by what I see as the deficiencies over the last number of years and, most importantly, by a deep desire to see the ICANN experiment in global governance succeed. The Internet is the greatest agent for positive change the world has ever seen and a healthy ICANN strengthens its ability to foster positive change. more

Expansion of Top-Level Domain Names: Why Current Brand Protection Procedures Will Be Impractical

As ICANN introduces new generic top level domains (gTLDs) and separates itself from US oversight, it has the opportunity to distance itself from the taint of cybersquatting, brand abuse, and criminal activity involving domains... To underscore the scope of the issue, consider this research on just 30 top Interbrand-ranked global brands. The most recent MarkMonitor Brandjacking Index found cybersquatting incidents increased over 40% in the last year for the brands that were studied; these leading brands suffered as many as 15,000 incidents per brand... more

Thinking Carefully About New gTLD Objections: Legal Rights (4 of 4)

This last article on the four new gTLD objections will look at the Legal Rights Objection ("LRO"). While other articles in this series have touched on trademark concepts at certain points, issues from that area of the law predominate in LRO. Here we review the pertinent LRO-related trademark concepts, with which many readers likely will have some familiarity from working with domains and the UDRP. Still, the theme of the first three articles applies here: Potential objections are more involved and complicated than they may seem, and require careful thought if they are to be made. more

Brand Owners, Representatives of WIPO and ICANN Discuss New gTLD Concerns

Managing Intellectual Property, in association with Finnegan, has released an article based on a recently hosted discussion regarding ICANN's approved plans to open the domain name system to an unlimited number of generic top-level domains (gTLDs) and how the Implementation Recommendation Team's (IRT) recommendation will affect brand owners. Topics included the main concerns with new gTLDs from a brand owner's perspective, the role of IRT, enforcement issues, and navigating the new domain name space. Finnegan partners David Kelly and Jonathan Gelchinsky participated with J Scott Evans of Yahoo! Inc., Elisabeth Roth Escobar of Marriott International, Inc., Erik Wilbers of WIPO Arbitration and Mediation Center, and Kurt Pritz of ICANN for the roundtable. more

A Modest Proposal for ICANN

When it comes to accountability, ICANN would rather be compared to other U.S. nonprofit companies than to the regulatory bodies it more closely resembles. If they truly wish to be treated like a nonprofit, rather than a regulator, there is a very simple solution: make all contributions strictly voluntary. more

We’re Almost There… IANA Stewardship Transition

Since Friday, I have been listening to and, yes, talking to many in Dublin who are engaged in the multistakeholder effort to transition the IANA functions. Our goal is an orderly transition that both reaffirms the strength of the global multistakeholder model while protecting and preserving the coordinated, well-functioning administration of the unique identifiers that are the core of the technical genius of the Internet. more

Last Minute Surge of Opposition to VeriSign .NET Auto Renewal

The current .NET Registry Agreement between ICANN and VeriSign is due to expire on 30 June 2011. On April 11 2011 ICANN posted a proposed draft renewal agreement for public comment. Under the terms of the existing agreement, which contracted a 6 year term starting July 1 2005, renewal is automatic unless VeriSign commits some egregious breach of terms. more