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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

Comments on ICANN’s Studies on New Proposed TLDs

I outline some general critical comments on the recent commissioned reports for ICANN's proposed introduction of new top-level domain names (TLDs)... The reports cite seminal papers in economics, but the papers' applicability here is dubious. For example, for economists a "good" is a product intended for consumption, which is a different sort of animal than a financial investment. more

Pool.com Launches ICANN Lawsuit Against WLS

Pool.com has launched a lawsuit challenging the right of the Internet Corporation for Assigned Names and Numbers (ICANN) to proceed with a monopolistic new Wait List Service (WLS) this fall.

In a Statement of Claim filed in the Ontario Superior Court of Justice, Pool.com states that the new "WLS proposed by ICANN and Verisign Inc. will have the immediate and total effect of ending all competition among Registrars for dropped or deleted domain names" in the rapidly developing backordering industry. Pool.com seeks a court injunction preventing ICANN from proceeding with the WLS, a declaration that ICANN's actions constitute intentional and wrongful interference with Pool.com's trade and commercial prospects, as well as significant damages.  more

The CCT Review Needs You!

Come join the discussion on Wednesday 17:15 UTC. Quis custodiet ipsos custodes? As ICANN approaches its 18th birthday, it marks its ascension to adulthood and independence with a new framework of accountability. As we attempt to modernize and empower the organization with oversight of the DNS, the question of "who watches the watchmen?" is on the tip of everyone's tongue. 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 (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

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

The Whois Wars Go On

There is a lot of discussion about the Expedited Policy Development Process (EPDP) Phase 2 report on evaluating a System for Standardized Access/Disclosure (SSAD) to non-public gTLD registration data after the decisions taken by the GNSO Council on September 24th. Notably, the Business Constituency (BC) and the Intellectual Property Constituency (IPC) have voted against the adoption of the Final Report of the EPDP team. 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

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

Paper on Civil Society Involvement in ICANN

A paper titled, "Civil society involvement in ICANN: Strengthening future civil society influence in ICANN policymaking," written by Robin Gross, examines the historical role that civil society has played at ICANN in policymaking. more

More Warning Shots for ICANN, or the End of the Road?

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

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