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About two years ago I wrote with concern about Bit.ly's use of Libya's country code. I noted that It's always important to keep in mind that a company can't "own" a domain the way it owns real estate. Now it appears that companies that have built brand names on Libya's country code are facing difficult times.
Steve DelBianco did a great job of discussing the rocky relationship between ICANN's Government Advisory Committee (GAC) and the Board of Directors, in his piece entitled ".XXX Exposes the Naked Truth for ICANN". I've been keeping an eye on the adult industry press to see what their reaction is to the .XXX debacle. But before we start, let's get something out of the way.
We have just issued a new report detailing abuse of the Domain Name System and Registrar contract compliance issues. The report specifically discusses several items including: Registrars with current legal issues; Illicit Use of Privacy-Proxy WHOIS Registration; A study on the contracted obligation for Bulk WHOIS Access; and more.
WHOIS issues are looming large for the ICANN meeting next week, starting with an all-day WHOIS Policy Review on Sunday (background). WHOIS is a subject that has been the recent topic of a number of issues including a debacle over potentially disclosing the identities of compliance reporters to spammers and criminal domainers.
Over the last two days I have sat in a room and watched a rather interesting dynamic unfold between the ICANN Board and its Government Advisory Committee (GAC). While I remain optimistic of there being a responsible closure to the new gTLD implementation process within the next six months, an apparent double standard being used by the ICANN Board could be a potential stumbling block.
Every time I witness another argument about changing the rules of the Whois system I marvel at how such an important core internet protocol could be so widely misunderstood. I don't mean that the protocol's technical details are not well understood -- it's a very simple device, easy to implement correctly and easy to use even for new users. I mean that the Whois system itself and its purpose in the Internet ecosystem is widely misunderstood. Everybody uses Whois and lots of people argue about Whois but precious few folks know why Whois exists in the first place.
At first blush most are unlikely to see the relationship between new generic Top-Level Domains (gTLDs) and children. However, as a father and someone that has worked with approximately 50% of all new gTLDs approved by ICANN over the last decade, I have a unique perspective that may shed some light on this analogy. Hopefully, as the ICANN community begins to seek closure in connection with the new gTLD implement process, this article may offer one perspective as to what lies ahead.
On 24 and 25 February 2011 the European Commission, DG Home Affairs, organised a meeting on cyber crime in cooperation with the US government, Department of Justice, with representatives of the law enforcement community, registries and registrars. The basis of the discussion was the RAA due diligence recommendations (hence: the recommendations) as presented by LEAs in the past years during ICANN meetings. The meeting was constructive, surprising and fruitful. I give some background, but what I would like to stress here is what, in my opinion, could be a way forward after the meeting.
The first-ever .nxt conference recently concluded in San Francisco. The conference featured two days of productive, educational, and passionate discussion about the business of new generic top-level domains (gTLDs). While ICANN's public meetings have recently focused on debating the policies that will go into its gTLD Applicant Guidebook, the .nxt meeting moved the discussion into the future to tackle the issue of what to do when the program has actually launched...
Despite what you may have read about possible delays to the rollout of the new Top-Level Domain (TLD) program, all the available evidence points to ICANN approving the applicant guidebook shortly after its San Francisco conference in March. My feelings about the timing of the new TLD program were further buoyed by Kurt Pritz, ICANN's Senior Vice President of Stakeholder Relations, who gave a presentation at the .nxt conference I attended in San Francisco this week. Mr Pritz said the applicant guidebook is currently in a "proposed final" version and should be approved after ICANN's San Francisco conference in March.
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