In September 2015, John Levine asked why ICANN should be considered a tax-exempt organization following the completion of the U.S. government's transition of technical management of the Internet's Domain Name System (DNS). The U.S. Internal Revenue Service (IRS) determined that ICANN was an exempt organization in 2000 and, inarguably, circumstances have evolved materially since then.
Recently, I have been reporting on a highly questionable auction scheme for a single domain name, o.com, which is currently being improperly warehoused by ICANN along with a number of other .com and .net domain names. This violates ICANN's Bylaws -- but, so what?
Yesterday, The Epoch Times reported on leaked internal Chinese government documents revealing that premier Xi Jinping has "personally directed the communist regime to focus its efforts to control the global Internet, displacing the influential role of the United States." Xi's ultimate aim is for the Chinese Communist Party (CCP) to wield "discourse power" over communications and discussions on the global geopolitical stage by controlling content on the Internet.
Efforts have been ongoing in the ICANN community to develop a better understanding of its role in the combat of abuse. This theme has been rising in prominence every year since 2018, and 2021 appears to be the tipping point, in which consensus has built around the idea that more can be accomplished in terms of reducing the impact of rogue actors using the Internet for malicious purposes.
Last year, Facebook created its widely dubbed "Supreme Court" (officially the Oversight Board) in an effort to outsource some of the platform's most difficult content decisions. By all accounts, Facebook hoped the Board would have global legitimacy to make the toughest content decisions and help avoid reputational damage for being biased, arbitrary, tone-deaf, or worse.
Verisign recently informed ICANN that it had received a letter from the National Institute for Standards and Technology (NIST), an agency of the U.S. Department of Commerce, regarding the proposed auction of o.com described in the Second Amendment to the .com Registry Agreement agreed to by ICANN and Verisign in March 2019. This letter, which doesn't appear to be on official letterhead, is from a NIST Grants Officer and purports to overturn a letter raising objections to the auction...
During the two-year period preceding the IANA transition in 2016, there was a near-superhuman effort put forth by the community of stakeholders to design, debate, and deploy an accountability framework for ICANN that would serve to check and balance the coordinator of the global DNS. One of the overriding concerns that stakeholders sought to address was the possibility of ICANN being captured, and it was argued that the global community of stakeholders would serve as a "backstop" that would hold ICANN accountable.
We see the problems that we are facing within an increasingly digital society and economy. We cannot go backward; the only way forward is to ensure that this new digital environment is made as safe as possible from a personal, social, political and economic perspective. We are currently struggling on these fronts. Unfortunately, we have now clearly entered a situation of cyber warfare. States now use digital technologies to impose and undermine ideologies.
Someone recently observed that many stakeholders have fallen victim to a "chilling effect" resulting from fear of retaliation by the rich and powerful bullies currently infecting the multistakeholder community, ICANN, and Internet governance. I related to what I was hearing because I've been personally targeted and libelously attacked and it is deeply dismaying enough having to worry about threats to revenue and reputation along with other harmful effects of such thuggery.
As I've pointed out in recent articles, the promises and obligations of the Memorandum of Understanding (MOU) are merged by direct reference into the InterNIC licensing agreement between the U.S. Department of Commerce and ICANN. This licensing agreement has been extended twice by mutual consent, most recently until January 2025. Therefore, the MOU's promises and obligations remain in effect through the InterNIC licensing agreement despite the fact that the MOU itself terminated in 2009.