Today, Friday April 27, ICANN had promised an update on the problems that led to its TLD Registration System (TAS) being taken offline on April 12. As the working day ends in Europe, that update has yet to come. Even if it does, I would not expect anything more concrete than the "we are still working on the issue, thanks for your patience" message of recent days. So what's really going on here? Does anyone at ICANN seriously expect us to believe that the tech team is "still reviewing the TAS data and checking the integrity of each and every application"? more
The leaked release of the European Commission's working papers on the future of Top Level Domains highlights the impending collision between adherents of the present "multistakeholder" ICANN governance model, and an ever longer list of national governments who challenge that model. At the core of the controversy is the question of how ICANN can claim legitimacy in the DNS world when none of its Directors or Officers are elected. Even worse, its only answer, when challenged legally, is that it is responsive to its contract with an agency of the U.S. Government... more
VeriSign makes a great deal of money from the .COM and .NET registries. Can we tell how much they make, and how much that might change if the CFIT lawsuit succeeds? It's not hard to make some estimates from public information. The largest gTLD registry that VeriSign doesn't run is .ORG, which was transferred a few years ago to the Public Internet Registry (PIR) which pays Afilias to run the registry, and uses whatever is left over to support the Internet Society (ISOC)... more
A cranky letter from the NTIA to ICANN, submitted in late December during ICANN's comment period for new top-level domains, has encouraged the awkward coalition of those opposed to new TLDs. The NTIA (National Telecommunications and Information Administration), a division of the Department of Commerce, is the agency tasked with being ICANN's watchdog. So a letter from them carries some weight, though not as much as some people think... more
ICANN's batching program, called digital archery, is deeply flawed and should be abandoned before it causes havoc with the new gTLD program. As well as arbitrarily creating winners and losers, creating unfair advantages for certain types of applicants and for certain regions, the program may be suffering from another software "glitch" of the kind that damaged the application process. There is a much better solution: a single batch for all applications. more
At first blush, Mahmoud Ahmadinejad and the Globally Protected Marks List (GPML) do not seem to have anything in common. The first is a politician of debated repute that is seeking to quell disputes over the legitimacy of his election. The second is a recommendation that seeks to protect trademark owners and consumers from an explosion of infringement and source confusion that could be wrought by the introduction of new Top-Level Domains (TLDs). However, upon a closer analysis, they do share one common flaw: both have arguably failed to appropriately prioritize the right to free speech... more
The first "Middle East DNS Forum" kicks off on this coming Monday, February 3, 2014, in Dubai. The event is hosted by the Telecommunication Regulatory Authority (TRA) of the UAE and was organized jointly by ICANN and the Internet Society. The event aims to bring together people from across the region to look at opportunities to advance the domain name industry within the region. more
For now, it appears that the new, more technically focused and privacy-friendly definition of the purpose of Whois survived the Marrakech meeting. The U.S. Government and the copyright and law enforcement interests mounted a major onslaught against the Generic Names Supporting Organization (GNSO) action, using the Governmental Advisory Committee (GAC) as their pressure point. more
Last month Pool.com and Quintaris started a joint project to let consumers pre-order – without cost – domain names in new generic Top-Level Domains (gTLDs) for which ICANN will likely get an application. Latest stats released from the group is showing strong demand -- about 10,000 per day in the first month of the program... more
ICANN has been sent a letter by the European Data Protection Supervisor calling them out with respect to both data collection, retention and privacy within the context of the 2013 Registrar contract (RAA). The letter is the first instance of one, to my knowledge, which makes reference to the ECJ's recent ruling that rendered the data retention directive null and void. more
Unfortunately I cannot be in Vancouver for the conference. I write this from Cape Town, venue of last years fall ICANN. I want to disclose a couple of things upfront. Those who know me will know I am nothing if not strongly independent in my views. However disclosure helps those of a more suspicious mind know my associations and if they choose to, take them into account in interpreting my opinions. ...I am somewhat disappointed by the reaction to the proposed settlement. I feel that most of the discussion fails to take into account the actual conditions under which the settlement has been negotiated. more
The World Intellectual Property Organization (WIPO) recently issued a detailed press release regarding Uniform Dispute Resolution Policy (UDRP) cases for which it provided arbitration services in 2011 and, once again, the number of WIPO filings was up. According to WIPO: "In 2011, trademark holders filed a record 2,764 cybersquatting cases covering 4,781 domain names with the WIPO Arbitration and Mediation Center (WIPO Center) under procedures based on the Uniform Domain Name Dispute Resolution Policy (UDRP), an increase of 2.5% and 9.4% over the previous highest levels in 2010 and 2009, respectively." Yet that's an incomplete picture. more
A couple of weeks ago, I attended part of the ICANN meeting in San Francisco. I've been watching ICANN and been peripherally aware of their issues since the organization began, but this was my first chance to attend a meeting. What I learned is that ICANN is a crazy behemoth of a bureaucracy, steeped in impenetrable acronyms and processes that make it nearly impossible for someone new to get up to speed. The best example of this is the recent approval of the .XXX top-level domain. more
As I've pointed out in recent articles, the promises and obligations of the Memorandum of Understanding (MOU) are merged by direct reference into the InterNIC licensing agreement between the U.S. Department of Commerce and ICANN. This licensing agreement has been extended twice by mutual consent, most recently until January 2025. Therefore, the MOU's promises and obligations remain in effect through the InterNIC licensing agreement despite the fact that the MOU itself terminated in 2009. more
The Internet Corporation for Assigned Names and Numbers (ICANN) went before a Congressional panel this week to defend its plan to create an unlimited number of new Internet domains (like .web, .food, etc.) I was a witness at the hearing, which made one thing clear: the "consensus" on new Internet domains is not as strong as ICANN would have us think. more