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If you follow the Internet governance world like I do, you've no doubt had time to ponder the news of former ICANN Board Chair Peter Dengate Thrush's appointment as Executive Chairman of Top Level Domain Holdings Limited (TLDH). This was a seemingly fast jump from the body that coordinates the Internet (whose most recent milestone was to approve the creation of new gTLDs) to one of the key companies that stands to actively benefit from this burgeoning part of the domain name industry. Further, he's taken up a position that, according to reports, will allow him to benefit substantially as well. more
Last fall, I wrote about ICANN's failed effort to achieve its goal of preserving the Whois domain name registration directory to the fullest extent possible. I predicted that if the policy effort failed, governments would take up the legislative pen in order to fulfill the long-ignored needs of those combating domain name system harms. That forecast has now come true through significant regulatory actions in the United States and the European Union in the form of a proposed directive from the European Commission (EC) and instruction from the US Congress to the National Telecommunications and Information Administration (NTIA). more
After a prolonged legal process involving multiple hearings and months of consideration, an independent review panel (IRP) determined that ICANN had violated its own bylaws and articles of incorporation through its decision to remove price caps on certain top-level domains (TLDs) and that this decision was therefore invalid. more
ICANN issued an industry-wide six-month deadline for the deployment of the Registration Data Access Protocol (RDAP) - a replacement for the WHOIS protocol. more
Too many techies still don't understand the concept of due process, and opportunistic law enforcement agencies, who tend to view due process constraints as an inconvenience, are very happy to take advantage of that. That's the lesson to draw from Verisign's proposal and sudden withdrawal of a new "domain name anti-abuse policy" yesterday. The proposal, which seems to have been intended as a new service to registrars, would have allowed Verisign to perform malware scans on all .com, .net, and .name domain names quarterly when registrars agreed to let them do it. more
ICANN's new gTLD expansion is really quite an ingenious ploy to grow the once small California non-profit into an unstoppable machine, worth hundreds of millions of dollars, which soon plans to finally be free from any external oversight. I have no doubt that ICANN pats itself on the back for pulling the wool over so many eyes, including stakeholders, new gTLD applicants, politicians, and the global general public. more
For all the many reasons raised by thousands of petitioners by prominent members of the U.S. Congress, and the California Attorney General's office, this "sale" plainly should not be occurring. However, in a very real way, it is déjà vu. For me, as one of the handful of people who were members of the original InterNIC public advisory committee which oversaw the spinout of the registry activity from its DARPA government instantiation to a private enterprise business... more
The Intellectual Property Constituency's draft report on trademark issues is now available for comment. The draft report was put together behind closed doors, which would appear to go against the normal policy development process at ICANN, which is quite worrying. Its contents, however, are even more disturbing... more
In its informal background paper "Applying the Highest Standard of Corporate Governance" (August 2011) the European Commission proposes to revise the procedures of ICANNs Nominating Committee (NomCom). Instead of the confidential treatment of applicants the EU calls for an open publication of "a full list of candidates". Is this a good idea? I don't think so. The rationale behind the EU proposal is "to improve confidence on the selection procedure" and "to avoid conflict of interests". But the proposed improvement is based on a wrong assumption... more
On October 12, 2023, the 18th Internet Governance Forum (IGF) ended in Kyoto. It was, with more than 9000 registered participants, the largest IGF since its inception in 2006. UN Secretary-General Antonio Guterres and Japan Prime Minister Fumio Kishida opened the five-day meeting. The tangible output included 89 "IGF Messages from Kyoto," four substantial reports with recommendations from IGF Policy Networks (PN) for Artificial Intelligence... more
Last month saw a much-anticipated decision handed down in the Independent Review Panel (IRP) proceeding examining the controversial 2015 auction for the .web generic top-level domain name registry (gTLD). This decision has been covered by others, including Kevin Murphy's DomainIncite, and has been the subject of unsurprisingly incongruous statements by both Verisign and Afilias, who are both contending for the .web concession privilege. more
ICANN has just published a paper from its contractor PowerAuctions LLC, regarding the use of auctions to award new Top Level Domains (TLD) strings in case of contention. I can understand what ICANN wants to avoid. In the past, it has been criticized for using the "beauty contest" model with the redelegation of the .net TLD... However, the auction model is based on the idea that whoever wins the auction will be able to recoup its investment on the sale... more
Like everyone else applying for new gTLDs, the Donuts team thought it would now be poring over a list of applicant names and strings, nodding heads and at times raising eyebrows. The timing didn't work out that way. ICANN did the right thing by closing TAS temporarily in order to understand what it was dealing with. It's easy enough for applicants to get rattled by what they think may have happened... more
In the current debate over the balance between privacy and Internet safety and security, one of the unanswered questions is: "How will those responsible for protecting the public interest gain access to the non-public data in the WHOIS databases post General Data Protection Regulation (GDPR)?" In an attempt to prevent WHOIS data from going "dark," several community members have been working for the past weeks to create a model that could be used to accredit users and enable access to the non-public WHOIS data. more
The ICANN community here in Singapore is celebrating after the historic vote to expand top-level domains (TLDs). And while I wouldn't begrudge anyone a few Singapore Slings, I think it's a little early to start celebrating. The marathon effort ICANN began 5 years ago isn't even close to reaching the finish line. more
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