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 As of today a small number of global brand applicants have already been withdrawn, reducing the number of applications to 1905.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
ICANN has released a "living" graphic aimed to provide a high-level view of how the internet is run attuned for those less familiar with the inner workings of the internet infrastructure ecosystem. more
ICANN is currently seeking public comment on the subject of "closed generic" Top Level Domain (TLD) applications. A "Closed Generic" is a TLD that is a generic term, but domains within that TLD will not be sold to the public. There are those who object to generic terms such as .book being operated as closed registries, which means that domain names within the .book Top Level Domain as proposed by Amazon would not be sold to the public, but instead, Amazon.com would own and operate all domain names within the .Book Top Level Domain. more
Some pretty big companies are beginning to show an active interest in ICANN's new TLD project. The most recent of them is bookseller Barnes & Noble. The letter, which is available both on the ICANN website, is quite narrow and pointed in its scope and focusses on the perceived competition issues with Amazon's bids for several "closed generics". more
ICANN CEO Fadi Chehadé was already 2 hours into his flight from Singapore to Paris when the pilot's voice interrupted the in-flight entertainment. A tech problem meant turning back, landing in Singapore, waiting for another plane and starting the long haul again! Half a day later, Chehadé landed in Paris. He'd already missed a lunch appointment but was still in time to make a reception organised at French ICANN board member Sébastien Bachollet's initiative. more
There has been an upsurge in brands withdrawing their applications. The timing undoubtedly is due to the deadline of 70% refund of the $185k application fee. But why are so many of the withdrawals .brand/closed generics? Having been involved in drafting of financial projections for over 50 applications and having answered a number of financial Clarification Questions, I believe that the major reason why there is an acceleration in .brands, especially closed ones, is that they are receiving a large number of CQs... more
If you are a new gTLD applicant, or if you follow ICANN, or if you just like being in a constant state of confusion, then the recent barrage of ICANN activity has probably been enough to make your head spin. Let's take a look at what we have hurtling towards us, like an out-of-control asteroid, in the next month. more
My third installment regarding gTLD objections - and understanding exactly what's required for an objector to prevail - moves to the more complex community-based objections. For those getting their first exposure to this unwieldy beast, pull up a chair and get comfortable. The community objection involves multifaceted elements, each having its own set of defining factors and often using similar terminology in different contexts. As such, it can be very confusing and one can easily lose track of the bigger picture. more