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The next six months will be a pivotal period in ICANN & New gTLD applicant relations. April 2014 will mark one year since the Governmental Advisory Committee - better known as the GAC - issued advice that put nearly 400 applications on hold. The Name Collision issue, while no longer a gate for many applicants, currently puts thousands of second level domain names on hold. March will be a key inflection point for this issue as well. more
The National Arbitration Forum has just handed down its decision in respect to the three domain names locked down at Public Domain Registry in response to the City of London Police Intellectual Property Crime Unit takedown requests. The decision is in favour of easyDNS and orders the three names to be transferred to us. more
The Internet is at a crossroads. And while high-profile events like the introduction of new gTLDs and revelations about governments and online surveillance may be a catalyst for recent Internet governance reform initiatives, their necessity isn't exactly new. After all, the current structures and processes in place were set up a decade and a half ago, an eternity in Internet years. A key step in reviewing and renewing these structures is the Panel on the Future of Global Internet Cooperation, announced at the recent ICANN meeting in Buenos Aires. more
The launch of the new gTLD program in January, 2012 was undoubtedly one of the finest moments for ICANN; and rightly so. The launch was a culmination of thousands of hours of hard work by thousands of people from various countries, interests, and walks of life. In the end, a 338-page Applicant Guidebook with details about how the new gTLD program was to be implemented was produced. Thus was set the stage for the greatest cyberland rush in history. more
The survival thesis mentioned in Part 2 goes like this. ICANN's imaginary mandate is global. But the mind set is provincial. The latter is defensive; focused on keeping power and therefore control over internet policy. But the evidence points to policy actions that contradict policy rhetoric. Discrepancies disclose the delusion. Here's ICANN "core value" from Article 1, Section 2, Paragraph 6 (amended April, 2013): "Introducing and promoting competition in the registration of domain names where practicable and beneficial in the public interest." more
It is tempting to write off ICANN as a U.S. foreign policy lackey and that's all there is to say about ICANN. However, if the mantra for rewiring governance means "lets get ICANN" we risk missing forest for trees. ICANN is merely the symptom of a dysfunctional governance predicament that somehow (despite best efforts) skews oversight. Shapiro, for example, regards oversight as a "game" (1994). His "delegation dilemma" or "agency problem" stems from two options, neither of which are attractive vis-á-vis governance. more
APNIC is a signatory to the Montevideo Statement, a declaration from members of the Internet technical community about the current state of Internet technical coordination, cooperation and governance. The statement conveys in particular an agreement on "the need for ongoing effort to address Internet Governance challenges", and a commitment to "catalyze community-wide efforts towards the evolution of global multi-stakeholder Internet cooperation". Last week during ICANN 48 in Buenos Aires, there were numerous discussions about the Montevideo Statement... more
It is time for some straight talk about governance. The word "governance" used here means authority. It does not merely mean rules, or coercion, or any other weasel-worded definitions that deflect our attention from the art of good governance as distinct from self-serving opportunism and illusory power sharing. Politics, as Theodore Lowi reminded us, is ultimately about "who gets what". Quibbling with endless essays about who rules the root is useful, but not demonstrative. more
This article was originally intended to be a short one focused on indications that ICANN was exploring the establishment of a legal nexus outside the United States and discussing what that might mean - and whether it was consistent with the Affirmation of Commitments (AOC) entered into with the United States in 2009. Then, as completion neared, came the sudden and nearly simultaneous release of the October 7th Montevideo Statement and the announcement two days later of a proposed 2014 Brazil "Summit" focused on restructuring Internet governance. At that point the task vastly expanded. more
There is probably no worldwide community without at least one member located in the US. But does this qualify the closing of a community to only US based members and, by extension, to exclude all other eligible entities from around the world solely because of arbitrary geographical circumstances based upon company whims? more
Domain name registrants who purchase a name in any of the present or pending generic (gTLD) top level domains should think twice before entrusting a domain name property interest to ICANN, even though ICANN levies a money tariff on each domain registration. ICANN has no policy language that indemnifies domain name registrants. ICANN language does not even contemplate the possibility of domain theft by an ICANN registrar. more
ICANN comes in for a lot of criticism. That's because people care very deeply about it. The multi-stakeholder model, of which ICANN is the exemplar, is such a radical and revolutionary departure from how global affairs have been managed in the past that many of us are constantly on guard lest ICANN degrade into the command-and-control structure that characterizes other global regulatory bodies. At ICANN, it's the volunteers, those who care (as well as, yes, those who are paid to pretend to care) who set policy more
As the launch of the first of the new gTLDs draws ever closer, more and more applicants are beginning to publicise their business models and ideas for putting the Domain Name System (DNS) to good use. By doing so, they are also shedding light on what promises to be a far less uniform Top Level for the Internet than might have previously been feared. A schism is appearing in the type of applicant/TLD model being enacted. Up until now, Donuts, Google et al have tended to hold the spotlight, and for good reason. more
After three days of intensive discussion the UNCSTD Working Group on Enhanced Cooperation (WGEC) ended its second meeting last week in Geneva. It discussed the results of a questionnaire, which was send out after the 1st meeting of the WGEC (May 2013) and agreed on procedures how to move forward. The WGEC has to report to the forthcoming UNCSTD meeting in May 2014 in Geneva. more
If a hired philosopher graced ICANN, the work would get down to brass tacks. "What is it?", she would ask, that drives ICANN beyond the mysterious dot that apparently represents the root. One can picture subsequent appeals from senior management to its navels, for clues as to what in the end game the root truly represents. I surmise that contemplating bred-in-the-bone values does not resonate easily or often at ICANN. Its like that unreachable itch that evades our scratch; we can't get at the source. more
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