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New gTLDs and Their Hidden Costs: Part 2

In my last post I discussed some questions that remain about ICANN's generic Top-level Domain (gTLD) budget. Today I discuss the rights protections mechanisms as they currently appear. An economic study commissioned ICANN to analyze the new gTLD process recently concluded that "the biggest likely costs" of approving new gTLDs are "consumer confusion and trademark protection." more

Slippery Territory: IOC and Red Cross in the New gTLD Program

We know from life: There is no rule without exception. The problem is, exceptions create space for interpretations and have the risk to undermine the rule. Take Article 19 of the International Covenant on Political and Civil Rights from 1966. Article 19, paragraphs 1 and 2 define the individual right to freedom of expression. Paragraph 3 adds some exceptions where this right can be restricted to protect, inter alia, national security and public order. This is an understandable justification for a restriction, but it opens the door for misuse... more

Proposed New IETF Standard Would Create a Nationally Partitioned “Internet”

For those worried about the threat of a state-based takeover of the Internet, there is no need to obsess over the International Telecommunication Regulations (ITRs) exclusively. Three Chinese engineers are proposing a way to alter Internet standards to partition the Internet into autonomously administered national networks, using the domain name system (DNS). The idea was not proposed in the ITU; no, it was sent to a multi-stakeholder institution, the granddaddy of the Internet itself, the Internet Engineering Task Force (IETF). more

Examininng Value in New ICANN TLDs on Search and Navigation, Companies, Domain Registries

I outline the implications for value presented by ICANN's proposed introduction of new Top-Level Domains (TLDs) on user search and navigation, companies, and registries... For the new tools to be value adding they should facilitate navigation, reduce search cost, or provide actionable branding information through marketing. Unfortunately, the new TLDs bring in a mixed bag of value-adding and -destroying tools. more

Appeals Court Revives the CFIT Anti-Trust Suit Against VeriSign

Back in 2005 an organization called the Coalition for Internet Transparency (CFIT) burst upon the scene at the Vancouver ICANN meeting, and filed an anti-trust suit against VeriSign for their monopoly control of the .COM registry and of the market in expiring .COM domains. They didn't do very well in the trial court, which granted Verisign's motion to dismiss the case. But yesterday the Ninth Circuit reversed the trial court and put the suit back on track. more

ICANN Releases Temporary WHOIS Specification Plan for GDPR Compliance With Deadline Two Weeks Away

ICANN has released temporary specifications for gTLD registration data in order to establish temporary requirements needed for the organization and gTLD registry operators to continue to comply with existing ICANN contractual requirements and community-developed policies. more

WHOIS Review and Beyond 3.7.8

We have posted our support of the WHOIS Policy Review Team Report with two important comments. First, on page 79 of the report it is confirmed that the RAA is unenforceable on WHOIS inaccuracy (we wrote about this while at the last ICANN meeting) because the language of RAA 3.7.8 has no enforcement provision. It is now time for ICANN to confirm this problem officially.  more

Discussion at the Internet Governance Forum in Geneva

While travelling home from Geneva, I was thinking quite a lot on the relationship between a ccTLD (registry) and a Country. This is because many countries are starting to talk louder and louder about the responsibilities Countries have on critical infrastructure, or (possibly more important) the management of the critical infrastructure. Will for example any (none?) of ccTLD operators (servers) sustain a denial of service attack of a scale similar to the attack on the root servers? What can ccTLD operators do to resist the malicious attacks? Should this be discussed? more

Breaking: U.S. Government Funding Bill Delays IANA Transition

On the evening of Tuesday, September 9th, Congressional leaders unveiled a 1,603 page, $1.01 trillion FY 2015 appropriations bill to fund the U.S. government through the end of September 2015. One provision of the omnibus bill would delay the IANA transition until after the September 30, 2015 expiration of the current contract between the NTIA and ICANN. more

Insight: .JOBS and New TLD’s - Are You Paying Attention?

A lot of the people are planning to attend the .nxt conference next month ask me to point out the benefits of new Top-Level Domains (TLDs), and today gave me a fantastic opportunity... If you are thinking of applying for a new TLD and haven't been paying attention to the latest happening with .JOBS, maybe you should be. Though .JOBS has been a bit of a quiet TLD, they've been a favorite of mine because of the specific focus of the extension. more

A Tangled Web

A recent ICANNfocus article discussed the magnitude of ICANN's legal fees. Specifically, ICANNfocus questioned whether the extent of ICANN's legal fees, about 20% of their total revenues, was related to the organization functioning as a regulator instead of simply as a technical manager of the internet.  more

Amazon Gets the Green Light for .Amazon TLD Following Intense Negotiations Involving South America

ICANN has lifted the stop on delegating the .amazon top-level domain, allowing the delegation of the domain to the company Amazon Inc. over the South American region. more

FTC Issues Statement on Whois Databases

A recent statement released by the U.S. Federal Trade Commission emphasized that the Whois databases should be kept "open, transparent, and accessible," allowing agencies like the FTC to protect consumers and consumers to protect themselves: "In short, if ICANN restricts the use of Whois data to technical purposes only, it will greatly impair the FTC's ability to identify Internet malefactors quickly -- and ultimately stop perpetrators of fraud, spam, and spyware from infecting consumers' computers," the statement states." more

ALAC Statement on Site Finder

The ICANN At-Large Advisory Committee would like to bring to ICANN's attention concerns about VeriSign's surprising roll-out of the "SiteFinder" service for .com and .net. This practice raises grave technical concerns, as it de facto removes error diagnostics from the DNS protocol, and replaces them by an error handling method that is tailored for HTTP, which is just one of the many Internet protocols that make use of the DNS.
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ICA Posts Position Paper and Analysis of Snowe “Anti-Phishing” Legislation

The Internet Commerce Association (ICA) has posted a position paper and analysis of S. 2661, introduced on 2/25/08 in the US Senate. While we are firmly opposed to phishing and other criminal activities that may utilize domain names we are very concerned about the provisions of the proposal that appear to provide trademark owners with a means to avoid both UDRP and ACPA actions and alternatively bring private claims against domain names with a lower burden of proof and the potential for far higher monetary damages, without even requiring an allegation that the DN was in any way being utilized in a phishing scheme... more