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Online Critics and Unlawful Harassment from Trademark Holders

The following is based on my experience and interpretation of the UDRP and the relevant laws of the United Kingdom and European Union. This is not legal advice but just my own experience and interpretation. How does a UK citizen create a non-commercial trademark.tld parody criticism website and avoid harassment from the trademark holder? Here are the steps... more

An Alternative to CCWG Overreach

ICANN is in the midst (I wouldn't yet say the middle) of its transition from oversight by the US Department of Commerce to oversight by something else. A Cross Community Working Group (CCWG) on Accountability delivered a long report in August that proposes a new oversight structure for ICANN. But it has the practical problem that the ICANN board really, really hates it. Having looked at it, I can't entirely blame them. more

Rewiring Internet Governance: Choice and Control (Part 2)

It is tempting to write off ICANN as a U.S. foreign policy lackey and that's all there is to say about ICANN. However, if the mantra for rewiring governance means "lets get ICANN" we risk missing forest for trees. ICANN is merely the symptom of a dysfunctional governance predicament that somehow (despite best efforts) skews oversight. Shapiro, for example, regards oversight as a "game" (1994). His "delegation dilemma" or "agency problem" stems from two options, neither of which are attractive vis-á-vis governance. more

Who is Wagging Who? Same Dog, New Tale.

Today, my company AusRegistry International signed an open letter to the United States House Subcommittee on Intellectual Property, Competition, and the Internet as a show of support for ICANN and its new Top-Level Domain program. I'm disappointed by the nature of the oversight hearing the Subcommittee has called and I believe it will only be a distraction. Let's not kid ourselves; the reason for this hearing is to beat up ICANN over the new TLD program. I think this is unfair and unjustified... more

Commerce Department: Headed Toward ICANN 3.0?

The NTIA has published a Notice of Inquiry, Assessment of the Transition of the Technical Coordination and Management of the Internet's Domain Name and Addressing System, in advance of the expiration of the Joint Project Agreement in September 2009. The document outlines the history and evolution of the Memorandum of Understanding (MOU) between the Department of Commerce (DoC) and ICANN, and the questions posed cover fairly standard territory. However, the following might be worth paying attention to... more

Has Internet Governance Become Irrelevant?

When the Internet outgrew its academic and research roots and gained some prominence and momentum in the broader telecommunications environment it found itself to be in opposition to many of the established practices of the international telecommunications arrangements and even in opposition to the principles that lie behind these arrangements. more

A Visualized gTLd Sequencing Proposal

As a follow-up to our previous CircleID article "Strong Support for IDNs, GEOs and/or Communities to Go First" we have developed a flow chart which visualizes how the applications may be processed in a fair and transparent manner. The chart also shows that at the end of the day only about 1,200 new gTLDs may go online, that means that we will likely see about 730 drop outs. more

ICANN Publishes Its Annual Report and Reports $100 Million in Assets

ICANN just published its annual report for 2011 and god bless, in the worst economy of our lifetimes they managed to get up to just short of $100 Million in assets; cash, investments and accounts receivable for the year ending June 30, 2011. According to the report as of June 30, 2011, ICANN has over $29 Million in Cash, $51 Million in investments and over $15 Million in accounts receivable, and with some other assets all totalled, just short of $100 Million dollars. more

Can Plural and Singular New gTLDs Both Be Successful?

Now that ICANN has stuck to its guns and only placed 4 new gTLD's strings that look confusingly similar into contention sets, rather than those that sound identical, such as .inc and .ink or those that have the same meaning like .Law and .Lawyer or those that are singular and plurals of the same word, like .deal and .deals, we now that many new gTLD's are going to have a very a tough marketing road and face a lot of consumer confusion. more

ICANN Signs Agreement Giving UPU Managing Authority Over .Post Domain

ICANN and the Swiss-based Universal Postal Union (UPU) have signed an agreement giving the UPU managing authority over .post as a top-level domain (TLD). At the highest conceptual level, the agreement represents linking the TLD with the real-world physical networks of the postal system, with 600,000 global physical offices and proximity to most humans. To enable its customers to take advantage of the services the UPU envisions for .post, the UPU is already installing the first computers in many villages in their local post offices to provide those services, says the announcement. more

In Defense of Process: Identifying the Problem Before Seeking Solutions

You don't necessarily need to walk before you can run, but you should probably look where you are going before you do either. The U.S. Government's announcement that it would transition out of its unique legacy role in ICANN set off a powder keg at ICANN, as stakeholders from every corner of the community rushed to offer their recommendations on how to fill the impending contractual vacuum with something, new, better, and appropriately reflective of the multi-stakeholder model. more

Want a New gTLD? Some Items to Consider

Over three years ago ICANN boldly announced that the top level of the domain name system would be opened up to new registry operators. As we now approach a likely spring 2011 launch, a number of key issues remain unresolved including how trademarks will be protected. more

ICANN Gives .amazon Talks a March Deadline

ICANN's board of directors has voted to put a March deadline on discussions concerning .amazon top-level domain. more

Last Minute Tips for a Solid gTLD Application

With the new top-level domain (gTLD) application process down to the last two months, here are three last minute tips on how to submit a successful gTLD application to ICANN... Sometimes the most obvious information is also the most important. In ICANN's supplemental notes under the "Best Practices" section, the first best practice ends with the parenthetical statement (i.e., show your work). For an applicant, these may be the three most important words in all the ICANN guidance. more

African Union Commission Formally Objects Through GAC to DotConnectAfrica’s Application for .africa

This is the African Union Commission's formal objection, through the ICANN GAC Early Warning Process, to the DotConnectAfrica Trust's amended application 1-1165-42560 for the .africa TLD. Here, it objects to the DCA .africa bid as not having the requisite government support for a Geographic name, and further characterizes DCA's bid as an "Unwarranted Interference and Intrusion" more