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More Privacy for Domain Registrants – Heightened Risk for Internet Users

A recent exchange on CircleID highlighted a critical need for data to inform the debate on the impact of ICANN's post-GDPR WHOIS policy that resulted in the redaction of domain name registrant contact data. A bit of background: in my original post, I made the point that domain name abuse had increased post-GDPR. A reader who works with a registrar (according to his bio) commented: "Can you back up that statement with data? Our abuse desk has actually seen a reduction in abuse complaints." more

Can ICANN Manage the DNS Root Zone by Itself? “No!” Says US Department of Commerce

In a recent letter, the US Department of Commerce NTIA strongly denied being engaged in discussions about a "root zone transition" from VeriSign to ICANN. The community, ICANN President Strategic Committee (PSC), and perhaps ICANN and IANA staff are suddenly informed that no transition of root zone management is going to occur. What happened? With the touted ICANN transparency and accountability principles, why such a shift in (perceived) ICANN strategic directions coming from its overseeing government department? more

The Start of Something Big: ICANN Announces Planning for Round Two of New gTLDs

ICANN has published a short paper in advance of its 65th meeting in Marrakech which starts on 23 June 2019. Entitled, "ICANN Org's Readiness to Support Future Rounds of New gTLDs," it describes ICANN's working assumptions for "policy implementation and operational readiness for a subsequent round of new gTLDs". The document is necessary for ICANN to move forward with essential preparations for the next round. more

UDRP and the ACPA Differences, Advantages and Their Inconveniences

The ACPA and the UDRP provide two separate and distinct methods for resolving domain name disputes. Both alternatives have many critics and proponents, but the true value of each will ultimately be determined by how well each combats cyber-squatting. Separately, the UDRP and the ACPA will probably work well to defuse most of the cyber-squatting that is currently invading the Internet. If combined together the UDRP and the ACPA can be a cost saving and effective way to prevent cybersquatting... more

Registrar Stakeholder Group in GNSO Works Against the ICANN Multistakeholder Social Compact

One of the essential features of the social compact that makes ICANN viable in its stewardship of the Domain Name system is that the operations of the Contracted Parties, i.e. Registrars and Registries, are governed by the cooperation of the contracted parties and the non-contracted parties, i.e. the stakeholders, in the creation of policy. In ICANN, contracts and other agreements are the method by which this policy is instantiated. more

Modest Proposals for gTLD Profits

When does a non-profit organization become a profit-making one? This and similarly fundamental questions about ICANN's institutional character are raised by the high probability that the gTLD project will produce profits for ICANN. How much money those profits will amount to remains in question, but it is increasingly difficult for ICANN to say that there will be no profit at all. more

Thinking Carefully About New gTLD Objections: String Confusion (Part 1 of 4)

Since speaking last fall on community-based TLDs at the New gTLD Summit in Los Angeles, I have been asked a number of times to provide input on the objections ICANN allows in its New gTLD Applicant Guidebook ("AGB" or simply the "Guidebook"). As the March 13 deadline approaches, I now present the first of a series of four spotlight articles on the subject -- one on each of the four permissible grounds for objection. more

Restraining Order Filed by US States’ Attorneys in the Final Hours of IANA Transition

With less than 24 hours to go before the historic contractual relationship between the US government and ICANN is set to expire, a motion hearing is expected to be held today based on a lawsuit filed in federal court in Texas by four states' attorneys general which could lead to NTIA facing the possibility of a temporary injunction. more

GAC Empowerment in Post-Transition ICANN

On March 20th, Wall Street Journal (WSJ) Op-ed writer L. Gordon Crovitz published an article titled "Stop Obama's Internet Giveaway". In his opinion piece Mr. Crovitz opposed any near-term transition of the IANA functions... In the course of his article Mr. Crovitz also stated, "Icann already has been kowtowing to authoritarian regimes," alluding to former CEO Fadi Chehade's December 2015 decision to become a Co-Chair of the Advisory Committee to China's World Internet Conference... more

The .Corp, .Home & .Mail Quandary

On 24 August, fifteen applicants for the .corp, .home, or .mail (CHM) new gTLDs sent a letter to the ICANN Board asking for action on the stalled process of the their applications. This points to the answer for the question I asked in march of this year: Whatever happened with namespace collision issues and the gTLD Round of 2012. As the letter from the applicants indicates, ICANN has done little to deal with issues concerned with namespace collisions in the last 2 years. Is it now time for action? more

The Latest on GDPR and WHOIS

GDPR. It's the four-letter "word" everyone is talking about, and there are lots of questions still swirling around the topic. We wanted to provide a summary of where we are and what we believe the next ten days will bring... GDPR enforcement will begin May 25, 2018. After this date, those found in violation of the regulation can be fined up to 4% of annual global turnover or 20 Million Euros, whichever is greater. more

DOJ to Cruz: .Com Price Freeze Can Be Extended to 2024

On August 31st the Department of Justice (DOJ) sent a response to the August 12th letter from Senator Ted Cruz and some Congressional colleagues to the head of the Antitrust Division. In that letter Cruz et al asserted that if the pending extension of the .Com registry Agreement (RA) was granted in combination with the consummation of the IANA transition, that DOJ could be prevented from having "meaningful input into the prices that Verisign charges for registering a domain name within the .com domain for an extended period". more

Charter Approved to Review All Rights Protections Mechanisms in All Generic TLDs

On March 9th, 2016, during its final open meeting at ICANN 55 in Marrakech, Morocco, the Generic Names Supporting Organization (GNSO) Council approved a motion that I proposed to adopt the Charter of the Policy Development Process (PDP) to Review all Rights Protections Mechanisms (RPMs) in all Generic Top-Level Domains. I serve on the Council as one of the two representatives of ICANN's Business Constituency, and my fellow Councilors have designated me to serve as the GNSO's Liaison to the Working Group (WG), and as its Interim Chair. more

Similarity of gTLD Applications: Required Reading for Evaluators

ICANN's evaluators should look at data published on "gTLD application similarity analysis". This sort of data helps dramatically reduce time and expense for the evaluation of new gTLD applications while increasing quality. The principle is simple: find the similarities between the 1930 applications. It is a proof-of-concept project by Arnoldo Mueller-Molina, a young Costa Rican researcher with a doctorate in computational analytics. more

Supporting Organizations Marginalized in ICANN Accountability Proposal

The Cross Community Working Group on Enhancing ICANN Accountability (CCWG-Accountability) make a number of helpful recommendations to improve organizational accountability at ICANN, however one aspect of the plan is deeply flawed: changing the role of ICANN's Governmental Advisory Committee (GAC) from purely an "advisory" role to a "decision making" role over fundamental matters at ICANN, including its governance. more