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I have been thinking a lot lately on the topic of the free flow of information on the internet -- what kinds of tools are available now and in the future for governments (especially repressive ones) to control content, isolate their people and keep any contrary viewpoints censored. I had an interesting conversation with a Practice Lead from IFTF.org. The Institute for the Future (IFTF) is a California based independent, nonprofit research group with 40 years of experience in identifying emerging trends that will transform global society... Turns out they are quite concerned about the fragmentation and control of the Internet as well. But will it be an inevitability? 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 highly concerns me when domain registries controlling a certain Top-Level Domain (TLD) raise the wholesale prices they charge to registrars (domain retailers) without consultation to domain registrants (domain buyers). When this happens, all the registrars will need to pay more to the registry for every domain which they register or renew for a customer. They will in turn raise their prices to cover the additional cost to them. Transferring the domains to a different registrar will not help, as all the registrars for that TLD will be forced to raise prices as they all have to pay more to the registry. Don't think it hasn't happened before? more
This is the second part of a three-part series interview by Geert Lovink with Jeanette Hofmann, policy expert from Germany, where she talks about her experiences as a member of the ICANN's Nominating Committee and her current involvement as a civil society member of the German delegation for the World Summit of the Information Society (WSIS). "So much in the current debates over global governance seems to go back to the issue what place governments and individual nation states have within global governance. What has been your ICANN experience? Ideally, what would be the place of the state? Do you believe in a federal structure? Should, for instance, bigger countries, in terms of its population, have a great say?..." more
Reading through Brian Kreb's blog last week, he has an interesting post up on the White House's call upon the industry on how to formulate a plan to stem the flow of illegal pharmaceuticals...It is unclear to me whether or not the goal of this initiative is to stem the flow of online crime in general or to reduce the flow of illegal pharmaceuticals flowing into the United States (since presumably this cuts into the profits of large pharmaceutical companies... more
Sell a trademark as a keyword for directed search or online auctions and make $billions. But use a trademark in a domain name for direct search and lose the domain, or worse. The gap between how trademark law treats the two species of search has grown wider in the wake of several landmark 2010 trademark law decisions -- and provides another sound reason why ICANN should not establish any new rights protections for new generic Top-Level Domains (gTLDs) beyond those STI-RT compromise positions already included in the fourth version of its Draft Applicant Guidebook (DAGv4). more
"Regime Change on the Internet? Internet Governance after WGIG" was the first public event held in the United States on July 28, 2005 to review the UN Working Group on Internet Governance (WGIG) report. Here are my notes from the event: "Markus Kummer, Executive Coordinator, UN Working Group on Internet Governance, reminded the audience that the mandate of the WGIG was specifically articulated by the first part of the WSIS - "To investigate and make proposals for action as appropriate". It was not for sweeping regime change as the conference title would suggest." more
Until the launch of the New gTLD Program, TLD launches were relatively straightforward. They generally consisted of a Sunrise Period, a Landrush Phase, and then General Availability. We would see the occasional Grandfather Phase or "Founders" program, but all in all, launches were pretty standard and straightforward. Things started to change with the launch of the new gTLD program. more
Garth Bruen reports on a paper published by the American Society of Law, Medicine & Ethics of Boston University School of Law authored by Bryan A. Liang and Tim Mackey titled, "Searching for Safety: Addressing Search Engine, Website, and Provider Accountability for Illicit Online Drug Sales". From the paper: "Online sales of pharmaceuticals are a rapidly growing phenomenon. Yet despite the dangers of purchasing drugs over the Internet, sales continue to escalate. These dangers include patient harm from fake or tainted drugs, lack of clinical oversight, and financial loss. Patients, and in particular vulnerable groups such as seniors and minorities, purchase drugs online either naïvely or because they lack the ability to access medications from other sources due to price considerations. Unfortunately, high risk online drug sources dominate the Internet, and virtually no accountability exists to ensure safety of purchased products." 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 introduction of new Internet domains to the global marketplace has the potential to dramatically grow the domain name marketplace, increasing the value of domain names, driving new demand for registry services and opening new markets for registrars and registries alike. Because VeriSign operates .com -- the legacy generic top-level domain (gTLD) -- many in the Internet community have assumed that we would oppose the introduction of new gTLDs. The truth is quite the opposite. more
During ICANN71, the Brand Registry Group (BRG) openly asked potential future applicants what ICANN can do to help prepare them for the next gTLD round. The answer was very clear - commit to opening the next round and provide as much information as possible early on. However, in recent correspondence to the BRG from ICANN Chair, Maarten Botterman, he emphasized that "significant work lies ahead of us: the 2012 Applicant Guidebook must be updated with more than 100 outputs... 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
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
NTIA released a statement today announcing the agreement reached to extend and modify Verisign's Cooperative Agreement. more
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