We all remember the nightmare of following the multiple versions of the "AGB" from the ICANN new gTLD program, and the time it took to get to the final version, which then took to allowing applicants to submit their new gTLD application, and which then took them to wait for their application to proceed... Welcome to version 0.5 of the next Applicant Guidebook. more
Over the next month, the ICANN Board will consider its options for ensuring that some framework is in place to ensure ICANN's accountability to the global Internet community after the approaching expiration of its Memorandum of Understanding and Joint Project Agreement (MOU/JPA) with the U.S. Department of Commerce. We analyze these options in our new paper... more
A new book by David Lindsay, an academic at Monash University's Law School and a widely published expert on internet law, intellectual property law and privacy, has recently been published. ...In this path-breaking work the author examines the extent to which principles of national trade mark law have been used in UDRP decisions. It will be essential reading for anyone, whether academic or practitioner, interested in internet law, intellectual property, and e-commerce law. more
The Internet Corporation for Assigned Names and Numbers (ICANN) is considering the introduction of a new top-level domain (TLD) named .INTERNAL. Unlike traditional TLDs, .INTERNAL is designed exclusively for internal use, akin to the private IPv4 block 192.168.x.x. more
As we watch the Ukraine and Russia conflict over boundaries and territories, I chanced upon a YouTube video showing the region of Europe and how, for the last 1000 years, national boundaries and names of nations have changed where in 1142, you had nations like Muslim Spain, Kievan Rus. In 1143 the Kievan Rus included modern-day Ukraine and Crimea, and in 1163 bulk of Central and Southern Europe was the Holy Roman Empire... more
I'm excited! Not because of the 30 hours that it will take me to get to Johannesburg, but because this ICANN meeting will be the second time we've put the Meeting B Policy Forum to the test. If the second time is a charm then hopefully we'll have cemented the Policy Forum into the ICANN meeting structure, and we can start a conversation about having two Policy Forums each year and one AGM meeting. more
ICANN comes in for a lot of criticism. That's because people care very deeply about it. The multi-stakeholder model, of which ICANN is the exemplar, is such a radical and revolutionary departure from how global affairs have been managed in the past that many of us are constantly on guard lest ICANN degrade into the command-and-control structure that characterizes other global regulatory bodies. At ICANN, it's the volunteers, those who care (as well as, yes, those who are paid to pretend to care) who set policy more
The GAC Communiqué recommends that ICANN implement a range of regulations (which the GAC calls "safeguards") for all new generic top-level domains (gTLDs) covering areas ranging from malware to piracy to trademark and copyright infringement. The GAC proposes specific safeguards for regulated and professional sectors covering areas as diverse as privacy and security, consumer protection, fair lending and organic farming. Finally, the GAC proposes a "public interest" requirement for approval of new "exclusive registry access" gTLDs. more
I propose calling it Values Disorder Syndrome (VDS). It is a virus affecting groups of people. Though rational as individuals, sufferers acting in groups display an inexplicable addiction to the thrill of impunity. That behavior is totally irrational and unrelated to any perspective of gain or purpose... It is certainly a virus, and we know it goes around in ICANN circles. The proof is that the ICANN board has caught it. more
ICANN community leader and long-time CircleID participant Stéphane Van Gelder has died in a motorcycle accident. He was 51. more
With Bill Clinton's appearance at ICANN San Francisco now confirmed to be more than mere rumor, the March meeting will be a very big event indeed. On its home turf, and under the glare of possibly unprecedented global attention, ICANN may feel some pressure to make sure it has some noteworthy news to announce at the end of the week, after its Board of Directors meets. more
A preview of my upcoming presentation for the Digital Marketing and gTLD Strategy Congress on why your Top-Level Domain (TLD) strategy is paramount to making or breaking your .brand... Your strategy will be the most significant weapon in your Top-Level Domain arsenal to drive the launch of your .brand, and you'll only get there with preparation and engagement. For the vast majority of .brand applicants, ICANN has recently informed you that you have passed your application. You've come this far. more
We've talked about the conflicts between our ICANN contract and privacy law in the past. Not once, not twice, but multiple times. We refused to sign the 2013 Registrar Accreditation Agreement (RAA) with ICANN until we'd received a data retention waiver. That decision probably cost us money, but if we have to choose between operating legally or illegally our path is clear. more
The entire new gTLD applicant community is awaiting, patiently, the forthcoming Brussels meeting between the ICANN Board and the Governmental Advisory Committee (GAC) to take place from February 28th. After years of delays to the new gTLD process, ICANN and the GAC will try to reach an agreement on how and when to launch the new Generic Top-Level Domains (gTLD) programme. The expectations for the outcome of the Brussels meeting is huge among potential new gTLD applicants. Despite this, the media attention will be negligible when compared to the news coverage that the next ICANN public meeting in March will receive. more
I read with interest that ICANN opened up yet another comment period on new TLDs. I believe that I speak for many when I question whether ICANN is opening up these comment periods in good faith, or instead whether these are smokescreens, mere distractions to pretend that ICANN is "listening" to the public while staff and insiders proceed with predetermined outcomes. more