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The House of Representatives has passed another measure related to the proposed IANA functions transition, and has again attached it to "must pass" legislation. This move ups the ante and may well be the final straw that compels the Senate Commerce Committee to hold its own oversight hearing on the IANA transition proposal.On May 30th the House adopted the Duffy Amendment to the Appropriations bill funding the Commerce, Justice, and State Departments in FY 2015. The final vote on the amendment was 229 in favor and 178 opposed -- it was fairly partisan outcome, with only ten Democrats voting aye while just one Republican voted nay. more
A recent study commissioned by ICANN reveals despite introduction and growth of new gTLDs, .COM and other legacy TLDs have remained steady and rising. more
Even though ICANN is moving full steam ahead with the New gTLD Program, many of the program's specifics are still being finalized. Many important questions related to the Trademark Clearinghouse and the Uniform Rapid Suspension (URS) still remain unanswered at this point. However, ICANN has recently provided additional details around Application Reveal and Batching and selected the Independent Objector. more
The quest for new top-level domains took an important step last spring with 1,930 applications to ICANN. 755 of these applications, from 145 different parties, are under contention. ICANN has encouraged these applicants to resolve the contention among them, and has established a last-resort auction in the event agreements among applicants cannot be reached. Here I describe a private auction model, the Applicant Auction, which is an efficient, fair and transparent approach to resolve contentions. more
Earlier this month, the Internet Corporation for Assigned Names and Numbers (ICANN) held its 51st public meeting in Los Angeles. Once again, MarkMonitor joined stakeholders from across the globe to discuss issues ranging from government control over the Internet, to key lessons learned thus far from the new gTLD rollout. This coming year promises to be a big one for ICANN, and for the business and brand community as a result. more
The Updated Supplementary Procedures for Independent Review Process ("IRP Supplementary Procedures") are now up for review and Public Comment. Frankly, there is a lot of work to be done. If you have ever been in a String Objection, Community Objection, or negotiated a Consensus Policy, your rights are being limited by the current way the IRP Supplementary Procedures proposal is structured. With timely edits, we can ensure that all directly-impacted and materially-affected parties have actual notice of the IRP proceeding... more
As an unwavering stalwart of ICANN's obligation to honor its commitments under the bylaws to "operate to the maximum extent feasible in an open and transparent manner" I make it a point to read the minutes of its board and committee meetings in large part because I spent most of my three years on the ICANN Board trying to get these documents timely published. In reviewing the recently published IANA Committee minutes the following item caught my attention. more
Just in time for ICANN's 44th meeting next week, a new Internet Draft has turned up, purporting to fix the centralization of the DNS. The draft has received some attention, including an article in PC World. It isn't entirely clear what the real purpose of the draft is, but it is hard to credit the notion that it is solving any technical problem. Without examining the reasons why the draft exists, I want to debunk a claim in it. more
Earlier this week the Latin American and Caribbean TLD Association (LACTLD) put out a statement about ICANN meetings. The statement, which is available in both Spanish and English, while very polite and diplomatic, expresses the organisation's concerns with ICANN moving meetings out of Latin America due to health concerns. So far this year the meeting scheduled for Panama (ICANN 56) has been relocated to Helsinki. more
In opening up for the .BRAND top level domain, ICANN has artificially created a scarce resource of great commercial value. Indeed, the values of the .BRAND TLDs may be astronomical due to the investments made by the companies that own the trademarks represented in the .BRAND TLD. While the above is interesting in its own right, I will here focus specifically on how we deal with situations where more than one company has a legitimate trademark interest in a particular .BRAND TLD. more
Want to know more about what is going on with the IANA Stewardship Transition Coordination Group (ICG)? ICANN recently published a set of video interviews with members of the ICG. Here, for instance is the interview with Alissa Cooper who represents the IETF on the ICG... While this is certainly not the complete list of ICG members, it is a good sampling of the variety of people involved with the ICG and does provide a range of different viewpoints into what is going on within the ICG process. more
Everyone seems excited about new gTLDs being just around the corner. All of the overarching issues will soon be resolved: GAC and the ICANN Board will sit in a room and the wisdom of our leaders, ICANN and National, will produce the grand compromise. The starting flag will be flourished! A thousand flowers will bloom! Hooray! But it is only the developed world that can be excited about this, for it is hard to understand how the developing world could be very excited about an overpriced round of gTLD offerings that is unfairly beyond their means. more
The December 21 deadline for submission of public comments on the latest CCWG-Accountability draft proposal is quickly approaching. In this second draft of the proposal, great strides have been made toward addressing the accountability issues that members of the community have raised (notably, Lawrence Strickling's recent remarks). As I have previously emphasized, any plan to ensure the accountability of the ICANN Board of Directors must be closely scrutinized before ICANN pursues its implementation. more
The pen is mightier than the word...or should be. When ICANN Chairman Peter Dengate-Thrush -- an accomplished attorney -- said last year that he wouldn't let one of his own clients agree to a contract that could be unilaterally changed after it was signed, the Internet community breathed a sigh of relief. But when the Chairman backed away from that stance earlier this week in Nairobi, it became clear that we should have held our breath a little bit longer. more
On July 25th ICANN announced the publication of the Draft Report of the Independent Review of the Trademark Clearinghouse (TMCH). This study was coordinated for ICANN by the Analysis Group, in conjunction with researchers from the Center for Internet and Society at Stanford as well the University of Pennsylvania's Wharton School... while public comments on the draft report will be accepted through September 3rd, this Report was triggered by GAC concerns expressed before the Applicant Guidebook for the new gTLD program was even completed, and is not the work product of a GNSO-created working group and therefore will not directly result in the establishment of any new ICANN policy. more
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