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There's been a global argument going on for some time now over how the Internet should be governed. Many governments, including China but also many others, are not happy that the "root" of the Internet is controlled by the Internet Corporation for Assigned Names and Numbers (ICANN), which ultimately answers to the U.S. Department of Commerce. In 2005, there were proposals from various countries to move Internet governance from ICANN to a United Nations body of some kind... But there was no consensus. Human rights groups were rightly concerned that giving governments like China and Iran greater say in Internet governance would lead to more censorship and the elimination of privacy and anonymity. 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
ICANN staff recently posted on its website an updated timeline on the new gTLD process. Attempting to be "fair and balanced," I see some good, some bad, and some potential ugly in this timeline. I know there are a lot of good people at ICANN working very hard to conclude the Herculean task of implementing the new gTLD process. However, ICANN just can't help shooting itself in the foot with poorly worded and ambiguous statements... more
With the Online Trust Alliance Town Hall Meeting and Email Authentication Roundtable next week as well as the RSA Conference, I decided to pause and think about where we are and where we might be headed with regard to email authentication. Over the years, many of us have collectively worked to provide a framework for authenticating email... more
On April 21st the Internet Commerce Association submitted a formal request to Mr. Frank Fowlie, ICANN Ombudsman, requesting an immediate investigation of the non-compliance of the Implementation Recommendation Team (IRT) with applicable provisions of ICANN's Bylaws. The IRT was created by a March Resolution adopted by the ICANN Board during its Mexico City meeting, and was charged with proposing "solutions" to the concerns of trademark holders. Unfortunately, the IRT has chosen to operate in a non-transparent manner... more
Yesterday, I sent ICANN my comments about the draft recommendations from ICANN’s Implementation Recommendation Team (IRT), which has been tasked with coming up with a trademark protection scheme for new top-level domains. For the most part, I think they did an excellent job... more
Four senators (Rockefeller, Bayh, Nelson, and Snowe) have recently introduced S.773, the Cybersecurity Act of 2009. While there are some good parts to the bill, many of the substantive provisions are poorly thought out at best. The bill attempts to solve non-problems, and to assume that research results can be commanded into being by virtue of an act of Congress. Beyond that, there are parts of the bill whose purpose is mysterious, or whose content bears no relation to its title. 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
We read and hear a lot of complaints from trademark interests about allegedly rampant cybersquatting and other forms of trademark infringement, but it's rare to see a story about reverse domain name hijacking and other abuses committed by them. That's what made it so refreshing to see an article in the Saturday, April 4th Wall Street Journal titled "The Scariest Monster of All Sues for Trademark Infringement – Fancy Audio-Cable Outfit Defends Its Brands; A Mini Golf Course Fights Back". more
A cybersecurity bill introduced in the U.S. Senate on April 1st, 2009 would give the United States federal government extraordinary power over private sector Internet services, applications and software. This proposed legislation is a direct result of a review ordered by the Obama administration into government policies and processes for defending against Internet-born attack. The focus of the bill, according to a summary released by the sponsoring senators, is on establishing a new partnership between the public and private sectors in a joint effort to bolster Internet security... more
Drawing on standard-setting approaches and the regulatory options at the disposal of the Federal Communications Commission (FCC), I outline three alternative venues to decide on launching new top-level domain names (TLDs). ICANN needs to analyze all these venues before making a final procedural decision. 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
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
According to National Journal, Susan Crawford is joining the Obama administration in a significant new role... This does not make me happy. Crawford is not a technologist, and the job that's been created for her needs to be filled by a person with deep knowledge of technology, the technology business, and the dynamics in research and business that promote innovation... more
As reported last July, there is a proposal from some Flemish politicians to create a .vla top level domain under the new gTLD process launched by ICANN. The proposal further elaborated that the Flemish government would have to cover the costs. Not so fast, says the Flemish government... more
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