Policy & Regulation

Ignore The Chicken Littles: Let’s Give New Web Domains a Try

Before the experiment has gotten off the ground, some critics have expressed concern about applications to operate domains referring to a "generic" product or service, like .car, .book, or .app. News reports indicate that Microsoft and other Google competitors have filed complaints about Google's applications, while authors' organizations have raised questions about some of Amazon's applications. These complaints assert that giving these applicants the right to operate these new domains would provide an unfair competitive advantage. more

Research Group Releases International Law on Cyber Warfare Manual

The newly released handbook applies the practice of international law with respect to electronic warfare. The Tallinn Manual on the International Law Applicable to Cyber Warfare -- named for the Estonian capital where it was compiled -- was created at the behest of the NATO Co-operative Cyber Defence Centre of Excellence, a NATO think tank. It takes current rules on battlefield behaviour, such as the 1868 St Petersburg Declaration and the 1949 Geneva Convention, to the internet, occasionally in unexpected ways. more

EFOW Wants Total Protection for Geographical Indications Domains in .VIN, .WINE and All Other TLDs

This is a letter sent from the European Federation of Origin Wines (EFOW) to the courteous attention of Dr Steve Crocker, Chair of the ICANN Board , Mr Cherine Chalaby, Chair of the new gTLD Program Committee Board, Mr Fadi Chehadé, CEO of ICANN and Mr Akram Atallah, COO of ICANN. This letter, sent by its President Riccardo Ricci Curbastro, was sent today to ICANN and is entitled "ICANN initiatives for the attribution of new generic top-level Internet domains -- PDO and PGI wines' concerns". more

Thinking Carefully About New gTLD Objections: Legal Rights (4 of 4)

This last article on the four new gTLD objections will look at the Legal Rights Objection ("LRO"). While other articles in this series have touched on trademark concepts at certain points, issues from that area of the law predominate in LRO. Here we review the pertinent LRO-related trademark concepts, with which many readers likely will have some familiarity from working with domains and the UDRP. Still, the theme of the first three articles applies here: Potential objections are more involved and complicated than they may seem, and require careful thought if they are to be made. more

Russia Restricts U.S. Fiscal Sovereignty Using an ITU Treaty?

It seems outlandish. However, as incredible as it may seem - especially in these times of sequestration and dire Federal budget cuts - the U.S. has potentially fallen prey to a ploy hatched by Russia and allies artfully carried out at a 2010 ITU treaty conference to relinquish the nation's sovereign right to choose its own ITU membership contributions. Here is how it happened and what can be done about it. more

Can Plural and Singular New gTLDs Both Be Successful?

Now that ICANN has stuck to its guns and only placed 4 new gTLD's strings that look confusingly similar into contention sets, rather than those that sound identical, such as .inc and .ink or those that have the same meaning like .Law and .Lawyer or those that are singular and plurals of the same word, like .deal and .deals, we now that many new gTLD's are going to have a very a tough marketing road and face a lot of consumer confusion. more

NTIA Asks New gTLD Applicants to Submit Public Interest Commitments

Kevin Murphy reporting in Domain Incite: The National Telecommunications and Information Administration said today that all new gTLD applicants, even those that have not already been hit by government warnings, should submit Public Interest Commitments to ICANN. In a rare comment sent to an ICANN public forum today, the NTIA suggested that applicants should use the process to help combat counterfeiting and piracy. ... NTIA said that applicants should pay special attention in their PICs to helping out the "creative sector". more

5 Reasons Why Closed Generic New gTLDs Should Be Opposed

I'm on the record multiple times over the last few months for my opinions on "closed generics"... Since then I've sent several letters to ICANN (supported by many others) and have been quoted and referenced in several articles on the subject including Politico.com... If you're not a domain "geek" then the danger of this issue might not be that easy to understand, so here are five reasons why "closed generics" are a really bad idea. more

Questions on the Debate on ‘Closed Generic’ gTLD Applications

ICANN is currently seeking public comment on the subject of "closed generic" gTLD applications. It asks "whether specific requirements should be adopted corresponding to this type of application". It invites comments on what it defines as an "issue". In particular, ICANN wonders how an applied-for domain can be deemed a "closed generic" TLD, and whether there should be rules governing the way this TLD will be operated. more

“Multi-Stakeholderism” and the Internet Policy Debate

With WICT-12 over, and now the preparation for the forthcoming WTPF underway, and of course also we have the WTDC and WTISD coming up, one could be excused for thinking that that world famous, but hopelessly unintelligible, cartoon character from the 80's and 90's, Bill the Cat, has come out of retirement to work as head of Acronym Engineering at the ITU. However, no matter how unintelligible the acronyms of these meetings can get, the issue of how we come to terms with a technology-dense world is a serious matter.  more

Thinking Carefully About New gTLD Objections: Limited Public Interest (Part 2 of 4)

The second installment in my four-part series on New gTLD objections will focus on the limited public interest ("LPI") variety. The overarching theme however is essentially the same: new gTLD objections are generally more complicated (and costly) than UDRP actions and need to be approached with care. In fact, LPI represents one of the best examples of the tough climb that would-be objectors are likely to face. Understanding exactly what is required beforehand - and whether or not you can deliver - is absolutely critical. more

CENTR Paper on Fifth World Telecommunication/ICT Policy Forum

Many nations, particularly from the developing world, look to the International Telecommunications Union (ITU) for advice on telecommunications issues and, increasingly, Internet governance issues. The ITU's Fifth World Telecommunication / ICT Policy Forum (WTPF-13), 14-16 May 2013, Geneva, Switzerland, will be the first WTPF to focus exclusively on Internet issues. more

ACCC Loses Court Case: Google Not Responsible for Content Paid Adds

In a court case running since 2007 Australia's High Court judged Google not responsible for the content of paid ads it presented after an end user's search request. In the example Reuters gives a car sales company presented itself under the name of a car brand, thus misleading the end user. The Australian Competition and Consumer Commission (ACCC) deemed this misleading advertising by Google and stared a court case. The High Court judged differently. more

Internet and the Telecommunication Acts of 1900

On his blog Bruce Schneier recently published a post called "Power and the Internet". An article that most people in the western world will agree with. Internet freedom against Internet safety and security, the powerful have a lot of power to wield and the rest is at best ad hoc organised or fairly powerless lobby organisations. So who is likely to win? Vested interests, he warns. more

Thinking Carefully About New gTLD Objections: String Confusion (Part 1 of 4)

Since speaking last fall on community-based TLDs at the New gTLD Summit in Los Angeles, I have been asked a number of times to provide input on the objections ICANN allows in its New gTLD Applicant Guidebook ("AGB" or simply the "Guidebook"). As the March 13 deadline approaches, I now present the first of a series of four spotlight articles on the subject -- one on each of the four permissible grounds for objection. more