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
Many gTLD applicants with strings in contention have already heard about the Applicant Auction, a voluntary private auction for resolving string contention that my colleagues and I are organizing. In this post we'd like to share some updates on our progress. Most importantly, we realized that more than just an escrow agent is needed for the success of a private auction of this scale, and we have partnered with Morrison & Foerster, LLP, a global law firm, who will be acting as the neutral party for our auctions. more
I don't have strong religion on plural TLDs. For that matter, I don't have strong feelings for or against closed generics either, an other new gTLD issue that has recently been discussed even though it is not mentioned in the rules new gTLD applicants had to rely on. What I do care about is predictability of process. Yet, as Beijing showed, the ICANN community has an uncanny ability to throw last-minute wrenches at its own Great Matter, as Cardinal Wolsey called Henry VIII's plan to divorce Catherine of Aragon. more
The Noncommercial Users Constituency (NCUC) has organized and is holding a policy workshop, One World, One Internet? New gTLDs & Competition in a Changing Global Environment, next week in Beijing at ICANN-46. The program, which brings together top Western and Chinese experts, will explore pressures for integration versus fragmentation of the Internet and implications for ICANN, as well as different competition and regulation perspectives as they relate to new gTLDs. more
Many TLD applicants are likely to respond to the GAC Advice in a manner that is like story telling: Based on a mixture of fiction garnished with some facts from their applications, applicants will write savvy responses with only one aim -- to calm down the GAC's concerns and survive the GAC Advice storm. The "duck and cover" strategy... According to the Applicant Guidebook, material changes to applications need to go through a Change Request process. more
Mandarin is a tricky language, but ICANN may want to learn the expression chóngfù before leaving the Beijing meeting. Chóngfù means "do-over" and that's what ICANN needs to forestall an entirely preventable disaster in the delegation of new top-level domains (TLDs). The issue of "string similarity" seems straightforward. Nobody inside ICANN or out there in the real world wants Internet users to be confused by new TLDs that are confusingly similar. Imagine hearing an ad offering low rates at car.loans but you encounter something completely different at car.loan instead? more
Over the last few months one of the areas of attention in the new TLD project has been "closed generics". I've written about this several times in the past and I've also raised the issue in as many fora as possible. Yesterday ICANN published a letter they'd received from Google with respect to several of their new TLD applications. more
ICANN's Nominating Committee (NomCom) is both a strange animal and a precious resource. Having a committee charged with first recruiting, then selecting suitable candidates to hold key positions within ICANN is something that is often little, or even mis, understood. Within the ICANN community itself. By the very nature of its recruitment role, the NomCom has to remain secretive. About who the candidates are, at any rate. But that doesn't mean the rest of the NomCom's processes must remain so. more
With much fanfare last month, Uniregistry announced that proposals for dispute resolution between New TLD applicants in lieu of ICANN's so-called "Auction of Last Resort" posed significant antitrust risks. Their claim of concern was not based on any critical antitrust analysis, but rather on the fact that they had sought a "Business Review" letter from the Antitrust Division of the U.S. Department of Justice (DOJ), and, according to Uniregistry, the DOJ failed to provide them a positive response and discussed the issue with them. more
Do you agree this is a critical time for many of the original 1930 applications to ICANN to operate a gTLD Registry. How has The "Fadi Effect" contributed to those Applicants' Key Dates, Decisions, Dilemmas and their Critical Path to success or a costly Delay. The first step along the path for each applicant is the need to respond to its Clarifying Questions (CQs), particularly the Financials ones. As of today a small number of global brand applicants have already been withdrawn, reducing the number of applications to 1905. Were their applications' unprepared? more
Culminating a year-long policy development process, ICANN today launched its new Blocking Usage Review Panel (BURP). The BURP provides long-needed oversight over services that block Internet traffic. "While everyone understands that national laws such as the U.S. CAN SPAM define what traffic is or is not elegible to block, legal processes can be slow and cumbersome," said a spokeswoman. "Since the Internet is global and traffic often traverses multiple countries, the array of different laws cause uncertainty." more
Yesterday Verisign sent ICANN a most interesting white paper called New gTLD Security and Stability Considerations. They also filed a copy with the SEC as an 8-K, a document that their stockholders should know about, It's worth reading the whole thing, but in short, their well-supported opinion is that the net isn't ready for all the new TLDs, and even if they were, ICANN's processes or lack thereof will cause other huge problems. more
A very rare thing happened in the GNSO Council meeting this week - the ICANN community spoke with one voice. Registries, registrars, non-commercial interests, new TLD applicants, IP owners and businesses unanimously and unambiguously agreed that giving ICANN a "unilateral right to amend" the registry and registrar agreements is not compatible with ICANN's bottom-up processes and poses a fundamental threat to the multi-stakeholder model. There is true consensus that this change should be rejected. more
By publishing a draft Registrar Accreditation Agreement (RAA) for public comment before it has been agreed on by both parties, has ICANN dealt the bottom-up multi-stakeholder model a blow? ICANN Staff and the registrars have been negotiating a new version of the RAA for the past 18 months following requests by Law Enforcement Agencies (LEA) such as Interpol for greater consumer protection. With both ICANN and registrars working hard, by early this year agreement had been reached on 11.5 of the 12 LEA "asks". A deal looked close. more
(The following is an edited version of comments I submitted to ICANN regarding "closed" generic TLDs.) On February 5th, ICANN solicited comments on whether ICANN should determine the circumstances under which a generic TLD operator is permitted to adopt "open" or "closed" registration policies. Allowing gTLD operators to make these determinations, as opposed to ICANN, will promote innovation on the Internet to the benefit of consumers. more
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