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ICANN: WHOIS Back to Rathole #0

ICANN's GNSO council had WHOIS on its agenda for today. The options on the table: (1) Accepting the outcome of years of policy development processes; (2) rejecting that outcome (again?), but calling for some kind of fact-gathering to feed into future policy work, in order to keep the space occupied; (3) acknowledging that there is broad dissent in the Internet community, and calling for a sunset on the WHOIS clauses in current agreements, as these clauses are not backed by community consensus any more. Not very surprisingly, motions (1) and (3) failed; (2) was accepted; all that after lengthy discussion, with lots of procedural bells and whistles. more

Verisign Doesn’t Think the Net Is Ready for a Thousand New TLDs

Yesterday Verisign sent ICANN a most interesting white paper called New gTLD Security and Stability Considerations. They also filed a copy with the SEC as an 8-K, a document that their stockholders should know about, It's worth reading the whole thing, but in short, their well-supported opinion is that the net isn't ready for all the new TLDs, and even if they were, ICANN's processes or lack thereof will cause other huge problems. more

What ICANN is Doing Wrong

A couple of recent articles have caught my attention because they offer scathing criticism of ICANN. The first is a long and convoluted article by Kieren McCarthy on the .JOBS debacle. Kieren has basically written a feature that only a seasoned ICANN insider can hope to understand and that's a pity, because the points he makes appear very valid. Namely that ICANN is incapable of looking at itself in the mirror and admitting when it's wrong. more

Brad Templeton in Response to Site Finder Controversy

A harmful, highly unilateral and capricious action. Tons of software out there depended on the ability to tell the difference between a domain name which exists and does not. They use that to give a meaningful, locally defined error to the user, or to identify if an E-mail address will work or not before sending the mail. Many used it as a way to tag spam (which came from domains that did not exist). It is the local software that best knows how to deal with the error. more

Beyond NETmundial: Initiative or Inertia?

The April NETmundial meeting was a seminal event in the history of Internet Governance. Fears that the meeting might fail to reach consensus were not realized. Instead, the participants achieved a high degree of harmony -- the "Spirit of NETmundial" -- that resulted in issuance of a consensus Statement that, while lacking in precise detail, was effused with positive energy. Since that meeting there has been considerable discussion within the Internet Governance (IG) community as to what lessons have been learned from NETmundial, and how its work might best be carried into the future. more

New TLD Spotted - .FUD

In politics, as in Internet policy, the most effective weapons are also the oldest. So when it came time for hard-line intellectual property advocates to make a desperate last stand against the new gTLD program, it came as no surprise they turned to the atomic bomb of rhetorical devices: FUD. FUD stands for "fear, uncertainty and doubt" and it is the tool of last resort when change is coming and you want to stop it. The theory is simple: the human response to fear is to cling to what's familiar and oppose what's new. So if you can scare enough people about the potential effects of a new policy or law, you stand a pretty good chance of preventing it from ever going into effect. more

What New gTLD Applicants Need Is a Quick, Lightweight Answer to the World’s Governments. Here It Is.

It's safe to say that with just a week to go before ICANN intended to sign the first contract for a new gTLD, the last thing anyone wanted was a 12-page document from the world's governments with 16 new "safeguards", six of which it wants to see applied to every new extension. But what the industry shouldn't overlook, especially in the face of the expected critical responses this week and next, is that the Governmental Advisory Committee's (GAC's) formal advice from the ICANN Beijing meeting represents an opportunity for the domain name industry to lock-in self-regulation at a critical point in its evolution. more

Perspectives on a DNS-CERT

Last week at the ICANN meeting in Nairobi, a plan was announced by ICANN staff to create a "CERT" for DNS. That's a Community Emergency Response Team (CERT) for the global Domain Name System (DNS). There are all kinds of CERTs in the world today, both inside and outside the Internet industry. There isn't one for DNS, and that's basically my fault, and so I have been following the developments in Nairobi this week very closely. more

Policy Failure Enables Mass Malware: Part I (Rx-Partners/VIPMEDS)

This is the first in a series of releases that tie extensive code injection campaigns directly to policy failures within the Internet architecture. In this report we detail a PHP injection found on dozens of university and non-profit websites which redirected visitor's browsers to illicit pharmacies controlled by the VIPMEDS/Rx-Partners affiliate network. This is not a unique problem, however the pharmacy shop sites in question: HEALTHCUBE[DOT]US and GETPILLS[DOT]US should not even exist under the .US Nexus Policy. more

If It Walks Like A Duck And Quacks Like A Duck It’s Probably A…?

It is time to revisit the old question regarding whether or not a domain name is actually 'property' and what this means to domain name registrants, registrations, ISPs and ICANN itself. What type of rights does a domain name confer? What responsibilities will the act of registering domain names suddenly bestow? more

Are We Attending the Right ICANN Meeting?

I have no idea who wrote that wonderful piece, Time for Reformation of the Internet, posted by Susan Crawford. (It wasn't me - I never use the word "netizen".) Elliot Noss of Tucows wrote a partial rebuttal, I must be attending the wrong ICANN meetings. Elliot's company, Tucows, has been a leader in registrar innovation and competition. And Tucows has constantly been among the most imaginative, progressive, responsible, and socially engaged companies engaged in these debates. ...But the points made by Time for Reformation of the Internet go far beyond registries and registrars. more

Trademarks for TLDs

The United States Patent and Trademark Office (USPTO) has recently circulated proposed examination guidelines to allow the USPTO to begin providing Trademark Protection for Top Level Domains (TLDs). This is an important new development. TLDs today are currently ineligible for Trademark protection on the basis that they do not constitute a source-identifying mark. The USPTO is currently in the process of rectifying this situation by extending Trademark protection to Registry Service providers and has released its proposed examination procedures for that purpose. However, there are some very concerning elements to their proposed examination guidelines. more

Why ICANN TLD Policy Imposes Severe Constraint on Development of Internationalized Domain Names

In 2008, ICANN made it known to the community that it is finally ready to discuss Internationalized Domain Names regarding Top-Level Domains (TLDs) after several years of working groups, technical trials, studies and considerations. It was highly anticipated by the Chinese, Japanese and Korean (CJK) community. It was also with great disappointment when the New gTLD Application Guidebook, published on 24th Oct 2008, included the following paragraph... more

Does ICANN’s New Proposed Budget Harm Competition?

Despite the stated commitment to meeting their obligations to the government, ICANN's proposed budget may potentially breach the MoU. Specifically, the MoU commits ICANN to "perform as an organization founded on the principles of competition..." However, an alliance of at least 50 Registrars claims that the new Registrar fee structure contained in the proposed budget would significantly harm competition.  more

Verisign vs. ICANN: More at Stake than Sitefinder

It's easy to dismiss Verisign's antitrust suit as a ploy to push through Sitefinder. But whether one loves Sitefinder or hates Sitefinder, the complaint raises a much more significant issue that won't go away even if ICANN lets Verisign roll out Sitefinder. At the heart of Verisign's complaint is the lack of any definable process for decisionmaking, and its a complaint shared by others. A settlement between Verisign and ICANN that does not create a clear process for decisionmaking at ICANN that includes trustworthy independent review will merely delay the inevitable. Eventually, some other party will become just as frustrated and again challenge ICANN -- either in U.S. court or by enlisting the help of the U.S. Commerce Department, non-U.S. governements, or multinational treaty organizations. ICANN must recognize that the days of ad hoc decision making based on realpolitick must end and give way to stable processes that ICANN staff cannot control. more