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Why ICANN Rejected ISOC’s Billion-Dollar Attempt At Feathering Its Own Nest With .org Sale?

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

ICANN’s “Unelected” Crisis

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

Sitting Around the Domain Table

I went to Domain Roundtable with some reservations. I was excited about meeting other domain portfolio holders, but I wasn't sure what to expect from the ICANN and Verisign people there, the corporate intellectual property people, and the corporate attorneys. I was pleasantly surprised by everyone I met. more

European Data Protection Supervisor Smacks ICANN Over Privacy Issues With 2013 RAA

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

That Letter to ICANN from the NTIA

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: A Concrete “Thin Contract” Proposal

It looks as if ICANN is going to require applicants for new TLDs to agree (in advance) not to negotiate a changed contract with ICANN. We agree that streamlining the process is in everyone's interest. Along those lines, we are proposing a substantially thinner contract that ICANN and new registries could use. Existing registries should also be allowed to sign up to this contract, if they wish. more

New Registry Agreement, All Good?

In the run-up to the launch of new gTLDs, ICANN has been negotiating both of its main supplier contracts. The registrar contract (Registrar Accreditation Agreement or RAA) negotiations are now all but complete. A new contract draft has been posted for public comment and it now seems likely that in little over a month, this will become the official new 2013 RAA. more

Et Tu, ICANN? ICANN Board’s Recent Decision on the .Islam and .Halal TLD Applications Is Wrong

On Feb. 7, 2014 Dr. Stephen Crocker, the Chair of the ICANN Board of Directors, wrote to Asia Green IT System (AGIT), a Turkish company which applied for .Islam and .Halal, conveying ICANN's latest position on these two applications. The letter is deeply flawed, and shows how ICANN's handling of the .Islam and .Halal applications is at once an egregious assault on the new gTLD program rules, and a betrayal of whatever trust Muslims around the world might have had in ICANN. more

ICANN Approves New gTLD Program; Applications Accepted January 2012

In what can best be described as a historic decision, today the ICANN Board overwhelmingly approved the new gTLD Program with a vote of 13 to 1 with 2 abstentions. Applications for new gTLDs will be accepted from January 12, 2012 to April 12, 2012. Experts believe that there will likely be hundreds of new applications submitted during this first round. more

ICANN (TBD): Why is ICANN Always to Blame and What to Do About It

With great anticipation I waited for the most recent Applicant Guidebook version 4 aka DAG4. I was looking forward to seeing gTLD program timeline. Was it possible that ICANN would give us another timeline and be firm with it? And then I saw it. Those 3 letters next to the new October 2010 launch date: tbd. So the date is October 2010 but it is "To Be Determined"? On one hand we have a set date but on the other hand it is yet to be determined. more

Domain Registrars Given a Six-Month Deadline to Implement Registration Data Access Protocol (RDAP)

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

ICANN vs EPAG/Tucows: Tucows Releases Statement on What They’re Doing and Why

As I noted over the weekend, ICANN has instigated legal action against EPAG, an ICANN accredited registrar based in Germany that is part of the Tucows group. ICANN claims that the case is to "preserve WHOIS data", but Tucows asserts in their statement that the ICANN approach is flawed. It's not a frivolous statement, but one they've backed with fairly detailed rationale - and this is just their public statement and not a formal legal filing. more

New WHOIS Definition Survives Marrakech ICANN Meeting

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

Businesses and Intellectual Property Owners Discuss GDPR and WHOIS Issues With ICANN and Community

On January 24, 2018, ICANN's Business Constituency (BC) and Intellectual Property Constituency (IPC) co-hosted an event to discuss the EU's General Data Protection Regulation (GDPR) and its implications on access to the WHOIS database. ICANN's CEO and General Counsel joined the discussion, as did stakeholders from across the ICANN community. The event was timely and well attended with over 200 participants attending in-person or virtually. more

All Aboard… the IDN Fast Track

In addition to Egypt, Russian Federation, United Arab Emirates and Saudi Arabia which had successfully completed the second phase of the Internationalized Domain Names (IDN) Fast Track Process earlier this year, ICANN announced today that China, Hong Kong, Palestinian Territories, Qatar, Sri Lanka, Taiwan, Thailand and Tunisia have also successfully completed the second phase. more