2013 may be a promising year for global trade in technology with the kick-off of the International Technology Agreement expansion discussions, the Trans-Atlantic Trade and Investment Partnership, and as the Trade in Services Agreement gets going. But China calls its own tune, and is now threatening to restrict its market for Internet-enabled technologies through a clever device that could cost its trading partners billions.
The debate over so-called "closed generic" top-level domains has revealed that rarest of semi-mythical beasts, a creature often emblazoned in ICANN heraldry but as elusive as the unicorn on the UK royal coat of arms: an argument on principle. Occasionally an issue arises out of the muck of self-interested manoeuvring to reveal the deep idealism that moves most ICANN participants. You can see it by how it divides camps that usually march along in lock-step, and by how the predictable murmur of shopworn cliches is replaced by arguments of clarity and resonance.
For many years, I have observed that the Internet is adopting many self-regulation frameworks to address a variety of issues. Indeed the Internet has benefited from self-regulation as an efficient way to address jurisdictional conflicts -- particularly as compared to traditional law making. Since the Internet is global, jurisdiction is often the most difficult policy issue to address. To this end, voluntary initiatives are becoming increasingly popular in the digital space due to their ability to address dynamically issues related to the Internet.
With all the focus in the TLD world on the imminent arrival of more than a thousand new TLDs and the still unfinished discussions within ICANN on what policy framework those TLDs will need to follow, it is often forgotten that there are hundreds of other TLD policy frameworks that are mature, stable and well tested. These of course are the ccTLD policy frameworks that have been actively developed over 20 years.
Respected ICANN Chairman of the Board Steve Crocker has wrapped up his organisation's 47th International Meeting, held in Durban last week, with a message to the community. This message, reproduced here in its entirety, provides both a useful and concise summary of the Durban meeting and insights into the Chairman's view of where ICANN stands at the moment, the successes it has notched up and the challenges it faces.
The Council Working Group on international Internet-related public policy issues (CWG-Internet) was established as a result of resolutions at the 2010 ITU Plenipotentiary to discuss a wide range of Internet issues that had public policy implications... These are all issues that concern all stakeholder groups in the Internet ecosystem. And, indeed, these are all issues being discussed in varying levels of detail by all stakeholder groups. The difference with the CWG-Internet, however, is that both its documents and meetings are closed to all non-Member State representatives.
Under the leadership of Fadi Chehade and Steve Crocker, ICANN finally runs like an organization that has grown up. When it comes to process, accountability, and transparency, this is excellent news for the Internet. But it also raises a new question: how far will we let ICANN grow "out" of the limited technical mission for which it was created? In his opening remarks here in Durban, Chehade announced the expansion of local engagement centers and significant expansion of ICANN staff - for the second straight year.
Well more than a year ago, ICANN's Security and Stability Advisory Committee published SSAC 053, its paper on single-label domain names - now referred to in the community as "dotless" domains - advising against their use. In a robust comment period, the community weighed in on the utility and safety of dotless domains, with some in favor and some opposed. To address the matter, ICANN has commissioned further study of the issue with an eye toward resolving the issue for new gTLD applicants.
There is no doubt that the new gTLD program has been the most encouraging revolutionary program in the history of internet. As everybody expected, there have been lots of positive and negative insights about this program in recent years and during the process of development of the program, pushing ICANN to be very conservative in its program in order to satisfy all internet stakeholders.
In an attempt to appease the Governmental Advisory Committee, ICANN's New gTLD Program Committee directed ICANN staff to amend the Registry Agreement so that all New gTLD Registries will be required to include a provision in its Registry-Registrar Agreement that requires Registrars to include in their Registration Agreement a provision prohibiting Registered Name Holders from distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law, and providing (consistent with applicable law and any related procedures) consequences for such activities including suspension of the domain name.