ICANN has been wrangling about WHOIS privacy for years. Last week, yet another WHOIS working group ended without making any progress. What's the problem? Actually, there are two: one is that WHOIS privacy is not necessarily all it's cracked up to be, and the other is that so far, nothing in the debate has given any of the parties any incentive to come to agreement. The current ICANN rules for WHOIS say, approximately, that each time you register a domain in a gTLD (the domains that ICANN manages), you are supposed to provide contact information... WHOIS data is public, and despite unenforceable rules to the contrary, it is routinely scraped... more
The World Intellectual Property Organization (WIPO) has sent to ICANN a letter proposing Paperless Uniform Domain Name Dispute Resolution Policy (UDRP)... This would save considerable amounts of paper, reduce courier charges (as the notice weighs far less than the full complaint), and thus would be good for the environment. more
According to page 123 of ICANN's annual report: "...Commitment to continued payment in the salary span of 50th to 75th percentile of for-profit market place of companies of a similar size and complexity to ICANN..." Note that the comparables have been "for-profit". This is obviously ridiculous, given the purported non-profit nature of ICANN, with its inherent job security... more
PIR, the registry operator for .org, has sent notices to registrars that it is implementing an anti-abuse policy that offers no due process for innocent domain registrants... While it's good intentioned, there is great potential for innocent domain registrants to suffer harm, given the lack of appropriate safeguards, the lack of precision and open-ended definition of "abuse", the sole discretion of the registry operator to delete domains, and the general lack of due process. more
Where does this idea that the employees of all non-profit organizations alike shall lead a public-transportation lifestyle come from? ICANN's monetary resources do not come from war widows and pensioners, for ICANN to feel guilty about every penny that it spends on administration. Nor does its resources, wherever they come from, are any that are earmarked to be spent on famine relief or on basic health care for the most unfortunate. more
ICANN's plan to begin accepting applications for new generic top-level domains (gTLDs) in mid-2009 may have been derailed by last week's outpouring of opposition from the global business community and the United States Government (USG). Having been involved with ICANN for over a decade and having served on its Board for three years, I've never seen such strong and broad opposition to one of ICANN's proposals. more
Back from the holidays I must admit I was thinking quite a bit on what is good policy for a registry? Of course I have my own personal favorites that I can not walk away from easily, but instead of thinking for too long, I decided to write down now immediately what is in my head. The main reasons for this are two: the decision by ICANN to change the rules for change in policy regarding the Add Grace Periods. more
Legal trademark issues related to domain names will take a long time to resolve. Meanwhile, using a statistical model to determine infringement benefits all parties. The legal system has not yet established comprehensive and easy to understand rules under which a domain name is considered to infringe on a third party's trademark. The vacuum allows trademark owners and their agents, such as the Coalition Against Domain Name Abuse (CADNA), to sue domain name owners pretty much at will, but doing so is not always in the best interest of trademark holders. more
Domain tasting, as everyone probably knows by now, is the disreputable practice of registering lots of domains, seeing how much traffic they get, and then using the five day Add Grace Period (AGP) to refund the 99.9% of them that aren't worth paying for. A related abuse is front running, registrars speculatively grabbing domains that people inquire about to prevent them from using a different registrar. more
I have not submitted any comments on ICANN's new gTLD process, mostly because many other people have said more diplomatically what I think, but I thought I could blog about it. My main concern from the beginning was that the process should allow any serious candidate to run with a reasonable chance to be able to actually start running a gTLD. This includes small and medium sized communities and startup companies with little seed money. This also includes registry models that may not favour mass registrations. For all these, the current model is flawed. more
It is ICANN's responsibility to make sure domain names do not infringe on trademarks. To determine infringement, ICANN should rely in the short term on predictive models. Thus, domain name and trademark owners must start putting pressure on ICANN to assume its trademark responsibility. more
Whenever you register a domain name, your contact details are published in a publicly visible database called "Whois", where your contact details are instantly harvested by spambots and marketers who proceed to email and postal mail you marketing offers, deceptive "domain slamming" attempts, ads for dubious products, and perhaps even telemarketing calls. Nobody likes that, so over the years people started resorting to various tactics to protect themselves from the deluge of crap that inevitably comes with simply registering a domain name... more
As ICANN introduces new generic top level domains (gTLDs) and separates itself from US oversight, it has the opportunity to distance itself from the taint of cybersquatting, brand abuse, and criminal activity involving domains... To underscore the scope of the issue, consider this research on just 30 top Interbrand-ranked global brands. The most recent MarkMonitor Brandjacking Index found cybersquatting incidents increased over 40% in the last year for the brands that were studied; these leading brands suffered as many as 15,000 incidents per brand... more
We'd like to congratulate our long time CircleID participants, Susan Crawford and Kevin Werbach for being named today as Obama-Biden FCC Transition Team Leads. Susan Crawford, is a professor at the University of Michigan Law School who recently ended her term as a member of the Board of Directors of ICANN and is the founder of OneWebDay. Kevin Werbach, is an Assistant Professor of Legal Studies at The Wharton School, University of Pennsylvania. He is also the founder of the Supernova Group and the organizer of Supernova, a leading executive technology conference. more
ITU is 143 years old and it has done a lot of good work. But it is so huge and powerful that it has been monopolizing (or mono-unionizing) Telecommunications for the last 143 years. ITU's hold over communications has been sweeping. But during the last ten years, ITU's member Telcos have seen several challenges from the open Internet architecture... ITU and the Internet organizations did not quite get along for this and several other reasons Especially the ITU has had its share of differences with the ICANN. Dr. Hamadoun Toure, Secretary General of the ITU addressed the ICANN Annual Meeting at Cairo on 6 November 2008. Here are some excerpts from the Secretary General's speech with my comments. more
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