Some of ICANN's current proceedings on the introduction of new generic top level domains (gTLDs) provide a case study on how not to develop public policy. In particular, the Rights Protection Mechanism proceedings, with serious implications for trademark owners, have followed a course that does not correspond to the ideal of ICANN's bottom-up, consensus-based processes for policy development. More importantly, these proceedings are effectively unilateral developments in international law without the benefit of treaties or international conventions. more
HaAretz, an Israeli newspaper, quotes Major-General Yaldin as saying: "Fighting in the cyber dimension is as significant as the introduction of fighting in the aerial dimension in the early 20th century." (my translation) If this statement is to be believed, Israel is active in cyberspace. And yet, why would Israel admit that, regardless of if it really happens? One option is... more
Paul Wilson, Secretary-General of APNIC, was correct when he reminded the panelists of the IGF2009 workshop "Adopting IPv6: What You Need To Know" that "countries don't typically get IP address allocations, network service providers do". The ITU stills seems to cling to the notion that countries get IP blocks... more
At today's "Managing Critical Internet Resources" session of the Internet Governance Forum 2009, the ITU agenda on taking a role in IPv6 distribution once again reared its ugly head. In a heated exchange, Professor Dr Sureswaran Ramadass, the Director of Nav6 an ITU consultant/fanboy squared off with the new ICANN CEO about competition in IPv6 address distribution. more
The much-anticipated New gTLD Draft Application Guidebook is out! ICANN has released Version 3. Lots of changes, some minor, some large. All worth reading if you're a potential applicant or just interested in the promise of new Top-Level Domains (TLDs). The public comment period clock started October 4, and runs until November 22 of this year. more
A series of recent applications for national trademark rights in terms that correspond to likely strings for new top-level domain names, or TLDs, (e.g., ".BLOG") highlight just one way in which ICANN's new generic TLD (gTLD) application process is likely to be "gamed." But it is also a strategy to which some trademark holders may feel compelled to resort to defend their rights to that string. Unfortunately, it does not appear that ICANN is addressing these important public policy considerations. more
I outline the implications for value presented by ICANN's proposed introduction of new Top-Level Domains (TLDs) on user search and navigation, companies, and registries... For the new tools to be value adding they should facilitate navigation, reduce search cost, or provide actionable branding information through marketing. Unfortunately, the new TLDs bring in a mixed bag of value-adding and -destroying tools. more
In my previous article I showed that ICANN expects to recover a lot of money from the first round of applications for new generic Top-Level Domains (gTLDs) -- $92.5 million, to be exact -- and that even that dramatic figure is probably substantially underestimated. For that reason, I argued that ICANN probably will recoup a windfall from the first round of gTLD applications and pointed out that ICANN's promise to consult with the Internet community before spending such a windfall is unsatisfactory because it has failed to say beforehand what surplus revenues might be spent for. more
.ORG, The Public Interest Registry has, since its inception, advocated for policies designed to reflect the public interest, namely of fair and open competition that benefits not only .ORG, but all Internet users. ICANN is now faced with a critically important decision on whether to remove the trusted and proven safeguards that prevent domain name registrars from owning and operating domain name registries. Because of its concern for end users, support for the success for new Top-Level Domains (TLDs), and strong belief in the benefits of fair competition, .ORG vigorously opposes removing these critical safeguards and strongly supports registry-registrar separation... more
Today's Wall Street Journal has a provocative story headlined 'China Squeezes PC Makers: Beijing Is Set to Require Web Filter That Would Block Government-Censored Sites'... According to a press release dated June 8th China time, after a period of testing and evaluation, the "Green Dam Youth Escort" software received government blessing in April to be made available for free public download. The press release says that the software has been downloaded over 3 million times since the end of March and is being used by approximately 2279 schools... more
Speaking at a Technology University of Delft conference on the internationalization of infrastructures, Professor Viktor Mayer-Schoenberger made some unique and provocative observations about the future of the ICANN tether to the U.S. government. Mayer-Schoenberger was trying to predict the position of the three main players: the EU, the US and China... more
In a video posted on her website this morning, Viviane Reding, EU Commissioner for Information Society and Media, has called for greater transparency and accountability in Internet Governance. She outlines a new Internet Governance model which includes a fully private and accountable ICANN, accompanied by an independent judicial body, as well as a "G12 for Internet Governance" -- a multilateral forum for governments to discuss general internet governance policy and security issues... more
Potential trademark Rights Protection Mechanisms (RPM) at the 2nd level can be divided into three main areas -- each defined by their time relative to Top-Level Domain (TLD) launch... Of these, we believe the third, "After Launch," is the most fruitful path to explore. We believe it offers the most potential to protect the rights of trademark holders, the best balance between TM rights and the legitimate rights of others who may want to register names , and the most benefit to the trademark community at the lowest cost to them... more
The market has failed to secure cyberspace. A ten-year experiment in faith-based cybersecurity has proven this beyond question. The market has failed and the failure of U.S. policies to recognize this explains why we are in crisis. The former chairman of the Security and Exchange Commission, Christopher Cox, a longtime proponent of deregulation, provided a useful summary of the issue when he said, "The last six months have made it abundantly clear that voluntary regulation does not work."... more
Now that the search has officially commenced, I thought it might be useful to make some public statements as to what I would like to see from the next ICANN CEO. My comments are driven by what I see as the deficiencies over the last number of years and, most importantly, by a deep desire to see the ICANN experiment in global governance succeed. The Internet is the greatest agent for positive change the world has ever seen and a healthy ICANN strengthens its ability to foster positive change. more