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ICANN Board Appoints 2015 NomCom Chair

During its September 9, 2014 meeting, the ICANN Board selected the Chair of the 2015 Nominating Committee (NomCom). The 2015 NomCom will begin its work In Los Angeles, immediately after the close of ICANN's 51st International Meeting due to be held in mid-October. ICANN's Nominating Committee is charged with identifying, recruiting and selecting nominees of the highest possible quality for key leadership positions at ICANN. more

The Coding of Online Brand Protection

Moore's law postulates that the number of transistors in an integrated circuit will double every two years. That law has given us smartphones and other devices with astonishingly diverse capabilities at ever lower costs. However, while it does not encompass online brand infringement, many trademark managers feel that their task is likewise expanding at exponential speed and imposing escalating costs. Potential cybersquatting based in the more than one thousand new generic top level domains is only one new source of anxiety. While the jury is still out on the level of harmful cybersquatting and the efficacy of the new Rights Protection Mechanisms (RPMs) for new gTLDs, that ICANN program is hardly the only challenge. more

ICANN’s Comment Period on Accountability Process Seeks Scope Limitations

Bowing to unprecedented community pressure in the form of a unanimous letter questioning its staff-developed Accountability Process, as well as a reconsideration request filed with the Board, on September 5th ICANN issued a notice titled "Public Comment Invited: Enhancing ICANN Accountability Process". The notice opens a 21-day public comment period on that staff proposal. However, ICANN staff apparently cannot resist asserting some form of top-down control even what that very conduct is at issue, and the notice and accompanying explanation contain attempts to restrict and unduly channel the scope of community comment. more

ICANN Community Issues Unprecedented Letter Questioning ICANN’s Proposed Accountability Process

In another unpredicted development the entire community of ICANN stakeholders has sent a joint letter to CEO Fadi Chehade and the ICANN Board that strongly questions the "Enhancing ICANN Accountability and Governance - Process and Next Steps" document published by ICANN staff on August 14th over widespread community objections. Signatories to the August 26th letter include the GNSO Council and all of the GNSO's stakeholder groups and constituencies, the Country Code Name Supporting Organization, the At-Large Advisory Committee, the Security and Stability Advisory Committee - and, most surprisingly, the Governmental Advisory Committee. more

Prepare for the Worst, But Hope for the Best

A couple of weeks ago, I blogged about the importance of the timeline leading up to the September 2015 deadline for the IANA oversight transition proposal. In that post, I explored the nature of U.S. politics and how it can affect the transition if we, as a community, are not diligent in our efforts to meet that deadline. Since then, the IANA Stewardship Transition Coordination Group (ICG) has held its first meeting and a conference call, resulting in some new information that necessitates an update to that post. more

Quelle Suprise! ICANN’s Accountability Plan Gives ICANN Board Total Control

After a long await, ICANN's senior management finally released its plan for "Enhancing Accountability" at the private California corporation that makes global Internet domain name policy. Unfortunately, the accountability deficit crisis created by ICANN's longstanding policy of purely "self-policing" with no meaningful external accountability mechanisms will not be solved by this weak plan for more self-policing. more

Call for ICANN to Educate and Not Mislead GAC

I read with interest the recent blog written by Theresa Swinehart a Sr. Advisor to the President on Strategy. She wrote: "The most critical element of this [ICANN Transition] process is trust and alignment. To ensure success on this accountability track, we must as a community work closely together to make sure that the final process is meaningful. There is plenty of work to be done in an ambitious period of time." more

Is ICANN’s .IR Response at Odds with the ACPA and ICE Domain Seizures?

An initial review of ICANN's response to litigation seeking it to turn over control of the ccTLDs of Iran, Syria and North Korea led to the conclusion that it had opened a "legal can of worms". A few more just wriggled out, and they threaten the basic assumption that underlies the U.S. statute governing cybersquatting and the practices engaged in by Federal officials seizing domain names engaged in intellectual property infringement. more

ICANN’s .IR Response Opens Legal Can of Worms

ICANN has filed its initial response to writs of attachment issued by U.S. Courts that seek to have ICANN transfer control of the country code top level domains (ccTLDs) of Iran, Syria and North Korea to plaintiffs in various legal actions. The lawsuits were brought under a U.S. law that permits victims of terrorism and their family survivors to seek the assets of governments that provided support or direction of the terrorist acts. more

NTIA’s FOIA Disclosures Shed Limited Light on IANA Transition Decision

On March 27, 2014, shortly after the National Telecommunications and Information Administration's (NTIA) March 14th announcement of its intent to transfer its counterparty status on ICANN's IANA functions contract to the global multistakeholder community, the conservative advocacy organization Americans for Limited Government (ALG) filed a Freedom of Information Act (FOIA) request with NTIA. ALG's request was for disclosure of "All records relating to legal and policy analysis developed by or provided to the National Telecommunications and Information Administration (NTIA) that support its decision to "transition key internet domain name functions," including any analysis showing whether the NTIA has the legal authority to perform the transition." more

France Wants IGF Replaced by World Internet Council

Last week, the French Senate unveiled a proposal which, if enacted, would bring sweeping changes to the Internet Governance landscape. A Senate working group worked on the proposal for 6 months. Although it is not only focussed on IG, the report can be seen as a further indictment of ICANN, following French Secretary for the Digital Economy Axelle Lemaire's claim that the organisation is no longer the right place to discuss IG. more

UDRP Failure Endangers Consumers

Yesterday I participated in a panel at the International Consumer Product Safety Conference sponsored by the International Consumer Product Health and Safety Organization (ICPHSO) held at the European Commission in Brussels Belgium. This conference brings together the global community of product safety engineers, manufacturers, retailers, regulators, inspectors, and counterfeiting investigators. The role of online fraud and illicit product traffic is clearly one of the conference priorities. more

Inter Mundos: ICANN’s Accountability is a Matter of Human Rights

The debate over the IANA Functions transitions has captivated the minds of all stakeholders. The U.S. Commerce Department's National Telecommunications and Information Administration (NTIA) has announced that they intend to transition key Internet domain name functions to the global multistakeholder community. Thus, we find ourselves in the midst of a transition between worlds. All stakeholders are pondering the following questions: what should be the appropriate transition? What should be our goal? more

Thank You GNSO - From the SHE.africa

The recent announcement at the ICANN 50 London, by all stakeholder groups and constituencies comprising of ICANN's Generic Names Supporting Organization (GNSO) to endorse a joint statement in support of the creation of an independent accountability mechanism "that provides meaningful review and adequate redress for those harmed by ICANN action or inaction in contravention of an agreed upon compact with the community" is a very welcome development to the Multistakeholder framework. more

The Essential Ingredient of Politics Is Timing

The transition of the IANA contract oversight is, of course, the topic du jour at ICANN 50 in London. From the sessions to the hallway banter, it's the hottest topic I can recall in ICANN's history. It's an inherently over-the-top political topic, merging partisan politics in Washington with Internet governance. On numerous occasions in Singapore, Larry Strickling raised the domestic politicking on the part of the Republican Party regarding the IANA oversight transition, cautioning us of the discourse fuelled by opportunism. more