The ICANN Board made a couple of important decisions regarding accountability and transparency at its 8 December meeting. Specifically, it approved compensating Directors and also enhanced ICANN's conflicts of interest rules. These are positive developments for the organization, and come at a critical juncture as the Internet governance debate heats up in 2012. more
Some domains are too big to fail. Quite apart from the obvious ones like google.com and facebook.com, upon whose availability our everyday lives depends, there are many others upon which the infrastructure of the Internet (and much of the modern world itself) depends. These are domains like w3.org and ietf.org, which host the technical specifications which describe the World Wide Web and the Internet themselves. more
The US Senate Committee on Commerce, Science and Transportation Hearing on ICANN's Expansion of Top Level Domain Names on December 8, 2001 was all about strategy. The strategy was simple: while the world has its attention turned to the debate on the copyright legislative proposals of the Stop Online Piracy Act (SOPA) and the PROTECT IP Act, let's have another ICANN hearing and try to re-open trademark protection for new gTLDs. more
Larry Strickling, who runs the NTIA (the part of the U.S. Department of Commerce that handles ICANN), yesterday gave an important and remarkable speech to the Practicing Law Institute about Internet governance. His speech, timed to coincide with an orchestrated ICANN-bashing across town in the Senate, was a striking defense of the ICANN model and a repudiation of special pleading outside the process. more
Yesterday, the US Senate Committee on Commerce, Science and Transportation held hearings on ICANN's expansion of top level domains. Next week the House Energy and Commerce committee will also conduct their hearings on this same topic. more
Proposals to enhance online property protection have received a lot of attention lately. Brand managers, goods manufacturers, and content distributors strenuously argue that current law enforcement mechanisms are inadequate to meet the challenges of today's fast-paced marketplace. They specifically note that foreign-based "rogue websites" continue to distribute unlicensed products and content despite existing rules; they maintain that new legislation is needed to empower intellectual rights holders to counter such cyber-criminals more effectively. more
A few days ago, I sat in a meeting here in Ottawa with our IT Director and Director of Marketing and Communications. These are two highly intelligent people working on the same team, for the same company, talking about a common subject. And yet, something was amiss in achieving mutual understanding. Each was seeing things from his own distinct perspective and as such, speaking his own language. As I reflected on my team's internal dynamic, I began to see parallels in areas that have an even more direct impact on the Internet ecosystem. more
A political focus on subsidizing telecom infrastructure is just so easy. There are multiple photo opportunities (at the announcement, the cheque presentation and the system activation), happy mayors, happy voters. It gets to be portrayed as economic stimulus, direct job creation and consistent with progress on digital economic development. But while it may feel satisfying politically, I question the effectiveness of continued broad government subsidies based on geography, rather than taking a more focused approach based on need. more
In an article published over two years ago, I cited a disturbing trend of third parties seeking to obtain national trademark registrations in an apparent attempt to game ICANN's new gTLD process. While many of these applications have withered and died on the vine some have sneaked through. However, it appears that the United States Trademark Trial and Appeal Board (TTAB) has issued a very well-reasoned and articulate opinion... more
In connection with the recent publication of the IANA RFP, there have been some commenters that have proclaimed that removing the requirement of the Contractor to document the consensus of relevant stakeholders in connection with the delegation of new gTLDs from the original draft Statement of Work as a win for ICANN. However, when reading the recently revised IANA RFP language in light of the Government Advisory Committee (GAC) Dakar Communiqué, a rather compelling legal case can be made... more
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