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The new month visits on us a new attempt to control the Internet; the UN's specialized agency, the International Telecommunication Union (ITU), is holding its quadrennial plenipotentiary meeting in Guadalajara, Jalisco this week. The governments assembled there are considering a few proposals that can best be described as piquant. more
Hon' Prime Minister, Why would India table Proposal 98 for the work of the ITU Plenipotentiary Conference? Contribution 98 wants the ITU to develop an IP address plan; wants it to be a contiguous IP address platform so as to enable the Governments to map and locate every Internet user; suggests that the ITU may coordinate the distribution of IP addresses accordingly; instructs the ITU Secretary General to develop policies for... naming, numbering and addressing which are [already] systematic, equitable... more
ICANN, as we all know, is a California non-profit that is tax exempt in the US as a charity, under section 501(c)(3) of the US tax code. But it's a rather unusual charity. Typical charities support the arts, or education, or sports, or relief for the poor. ICANN doesn't do anything like that. So what's the basis for its tax exemption? We don't have to guess, it's all in the application they filed in 1999. more
The United States Patent and Trademark Office currently does not provide Trademark protection services for the Top Level Domain industry, an industry which generates almost $1 Billion in revenues annually in the United States. The Top Level Domain industry is the only legal business class in the United States that is denied constitutionally guaranteed intellectual property protections... The lack of Trademark Protection for the Top Level Domain industry has greatly increased the amount of uncertainty associated with the ICANN Application Process for new Top Level Domains. more
It is not a secret that I have been (and I continue to be) against the requests made to ICANN by the International Olympic Committee (IOC) and the Red Cross for special protection of their names and their variations. I am mainly against it because of the problems associated with these types of protection, the potential implications they may have and the fact that any attempt to reserve any names in the Domain Name Space will set a very bad precedent that will be detrimental to the whole new gTLDs experience. Well, the effect of this precedent is right upon us... more
ICANN will not act as judge and jury in copyright disputes. TorrentFreak reports: "In a letter to the president of the Intellectual Property Constituency, ICANN chief Stephen Crocker says that ICANN is neither 'required or qualified' to pass judgment in such cases." more
ICANN recently updated the list of reserved second level domain names. Those are names that you won't be able to register in any of the 1500 or so new domains they're planning to add. There's rather a lot of them, currently 629. The names are in three groups, the ICRC (the Red Cross), the IOC (the Olympic games) and everyone else. Several years ago the Red Cross and later the Olympics came to ICANN and insisted that they make a special list of forbidden names, separate from the various trademark registries. more
On September 2nd ICANN opened a one-month public comment period asking whether its Conflict of Interest Policy and related Bylaws should be altered. In light of recent heightened scrutiny of ICANN's policies regarding permissible employment options for departing Directors and key employees this announcement might have been welcome news. Instead, it's a narrow, cart-before-the-horse initiative that seems tone-deaf to predictable stakeholder, political and public relations fallout. more
As many of us in the Internet community gear up for the ICANN meeting in Colombia next week, it's important to remember that not everybody embraces the multi-stakeholder approach that we've gradually learned to love. Just a month ago, a group with a very different vision of how to run things wrapped up their own Internet governance meeting in Latin America. Their meeting was three times as long and accomplished about a third as much, but they'd still like to see their model replace the ICANN model. more
In an attempt to appease the Governmental Advisory Committee, ICANN's New gTLD Program Committee directed ICANN staff to amend the Registry Agreement so that all New gTLD Registries will be required to include a provision in its Registry-Registrar Agreement that requires Registrars to include in their Registration Agreement a provision prohibiting Registered Name Holders from distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law, and providing (consistent with applicable law and any related procedures) consequences for such activities including suspension of the domain name. more
Harvard Professor Karl Deutsch, the late nestor of political science, described world history as the "history of side effects". Political actions, according to his theory, always have side effects which go out of control and constitute new history. The history of the Internet is full of side effects. But this time, we could have special unproductive side effects. A failure of the IANA transition could trigger a process towards a re-nationalization of the borderless cyberspace... more
Coalition for Responsible Internet Domain Oversight, or CRIDO, released a plan they called a "peacemaker" three days before the Jan. 12th, 2012 launch, which would allow brands to begin the ICANN application process but would allow organizations and companies the opportunity to place their brand names, without cost, on a temporary "do not sell" list. ICANN so far has not responded to the "do not sell" list, and CRIDO is getting restless and threatening lawsuits. more
In another unpredicted development the entire community of ICANN stakeholders has sent a joint letter to CEO Fadi Chehade and the ICANN Board that strongly questions the "Enhancing ICANN Accountability and Governance - Process and Next Steps" document published by ICANN staff on August 14th over widespread community objections. Signatories to the August 26th letter include the GNSO Council and all of the GNSO's stakeholder groups and constituencies, the Country Code Name Supporting Organization, the At-Large Advisory Committee, the Security and Stability Advisory Committee - and, most surprisingly, the Governmental Advisory Committee. more
This is the second part of a multi-part series reported by ICANNfocus. This part discusses the congressional concerns regarding ICANN's governance of the Internet. "Since 1999 Congress has repeatedly expressed serious concerns regarding ICANN's governance of the internet. Congress has substantial responsibility for overseeing the key aspects of internet governance. Among its specific responsibilities, Congress has the duty to oversee implementation of the Department of Commerce's Memorandum of Understanding (MOU) and contract with ICANN." more
Given that it's been a few years since my last domain name year in review, I've really enjoyed looking back at this year's biggest domain name stories and seeing how this industry has evolved. This year, in particular, has seen some notable changes which are likely to impact the domain name landscape for years to come. So without further ado, here is my list for 2017. more
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