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ICANN Says It Will Not Get Directly Involved With Infringing Domains

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

Can Technology Can Spam?

It seems to be impossible to implement a law against spam - unsolicited bulk email - without making a hash of it. At best, anti-spam laws are ineffective; at worst, they cause more problems than spam itself. Can technology fare any better? ...But despite this flurry of initiatives, we are yet to see a definitive answer to the spam problem. An Anti-Spam Technical Alliance has been formed by Microsoft, America Online, Yahoo! and EarthLink, but these companies continue to proffer competing solutions. Meanwhile, the technology being deployed in the spam wars is causing collateral damage, in the form of 'false positives' - email that is incorrectly categorised as spam, and so never reaches its intended recipient. more

Europeans Moderate GAC Principles, But…

A U.S.-led Task Force in ICANN's Governmental Advisory Committee (GAC) released version 3 of its "Whois Principles" in preparation for the ICANN meeting in Brazil, where it will be debated and finalized. European countries pushed back against U.S. Government efforts to stop ICANN from respecting privacy concerns in its handling of domain name registrant contact data... more

Call for Participation - ICANN DNSSEC and Security Workshop for ICANN78 Annual General Meeting

In cooperation with the ICANN Security and Stability Advisory Committee (SSAC), we are planning a DNSSEC and Security Workshop for the ICANN78 Annual General Meeting being held as a hybrid meeting from 21-26 October 2023 in Hamburg, Germany in the Central European Summer Time Zone (UTC +2). This workshop date will be determined once ICANN creates a block schedule for us to follow; then we will be able to request a day and time. more

A Look at Closed vs. Open New gTLDs

The essay analyzes some of the strengths and weaknesses of closed and open new gTLDs. The success of the gTLD to a large degree rests on the successful design and implementation of an effective digital business model. A closed gTLD is one whose owner uses it for exclusive content - for example, the use of .book exclusively for Amazon books. Conversely, if Amazon opens up .book, other book sellers and libraries would be able to set up sub-domains, sites where they controlled content. more

Is ICANN Staff Misleading the Board Into Violating Contractual Obligations to the U.S. Government?

Recently, I had time to reflect on various matters after the alternator in my vehicle decided that the middle of a mountain pass was the appropriate time and place to go to that great big pick-and-pull scrapyard in the sky while leaving me stranded with no cell signal on the side of the road in the middle of nowhere. Until that point, I had been seriously considering applying to ICANN's Nominating Committee for one of the three open seats on ICANN's Board of Directors. more

ICANN Wins a Very Weak TLD Lawsuit

Back in the 1990s as the Internet was starting to become visible to the world, several people had the bright idea of setting up their own top level domains and selling names in competition with what was then the monopoly registrar Network Solutions (NSI). For these new TLDs to be usable, either the TLD operators had to persuade people to use their root servers rather than the IANA servers, or else get their TLDs into the IANA root. Attempts to get people to use other roots never were very successful... more

Resolving the ICANN-Proposed TLDs Debate

The Internet Corporation for Assigned Names and Numbers (ICANN) has recently decided to allow any entity to register a top-level domain name (TLD). The best mechanism for valuing this decision, a mechanism that outperforms crowdsourcing, blogs, and committee decisions, is the legal and easy-to-implement solution known as prediction markets.
In handing down its TLD decision, ICANN never identified the problem it was trying to solve... more

First Do No Harm: Ensuring Compliance with the EU’s GDPR While Preserving Access to WHOIS Data

There is growing concern about how ICANN will comply with the EU General Data Protection Regulation (GDPR), whose enforcement sanctions come into force in May of 2018. How will ICANN comply with GDPR without unduly restricting global Internet users' access to the public WHOIS database? For nearly the past 20 years, Internet users, businesses, law enforcement and consumer protection agencies have relied on WHOIS as a necessary resource. more

ICANN Assigns Tor’s .Onion TLD as Special-Use Domain Name

The Internet Engineering Task Force has approved a Draft RFC for "The .onion Special-Use Domain Name" by the Tor Project, the provider of online anonymity and privacy services. more

A Noteworthy Report on Fast Flux Hosting

This very interesting document was released by ICANN's Generic Names Supporting Organization (GNSO) for public comment yesterday. And it asks some fundamental questions while at the same time pointing to sources such as the Honeynet Alliance's reports on fast flux. more

ICANN and Attorneys General: Ends, Means and Unintended Ends

In a move, unprecedented in scale, ISOC moved to sell PIR, the registry for .ORG, to a for-profit entity which intends, in turn, to convert PIR into a for-profit entity itself. This move has, understandably, raised concerns from around the Internet community and cast a bright light on ICANN, the nature of its contracts with Registries and the responsibilities of the ICANN Board... As the Vice Chair for Policy of the At-Large Advisory Committee (ALAC), I've tried to navigate a consensus involving ALL of those parties because of our diverse membership. more

First New TLD Quietly Enters Sunrise Period

The first Sunrise Period for trademark owners under ICANN's new gTLD program has begun. The gTLD is the Arabic IDN '????, or "dot-Shabaka". The term roughly means "web" in Arabic and eligibility for registrations is unrestricted. The Dot-Shabaka Registry has made it clear for months that they wanted to be the first TLD to launch this year. more

Is There Such a Thing as Technical Internet Governance?

In ICANN's "President & CEO Goals for Fiscal Year 2021", Göran Marby went out to make a curious distinction in the document's second stated goal, according to which he intends to "Implement a common strategy for Internet governance (IG) and technical Internet governance (TIG)". Proceeding to state that "we will begin by identifying the most important issues we need to address, followed by an assessment of where and how we can intervene, the venues we should use, and the resources required to be effective". more

Facing the Facts on Internet Governance

Having just arrived in Tunis for the WSIS, my weekly Law Bytes column (Toronto Star version, freely available version) focuses on the Internet governance issues that are likely to dominate discussions all week. I argue that claims about a "digital Munich" and a U.N. takeover are not helpful to arriving at an appropriate solution (though based on discussions this morning it does not appear that things are moving very far away from such claims). more