On June 9 CircleID published an insightful article by Thomas Rickert entitled "Demystifying Art 28 NIS2." In that piece Thomas set forth two alternative interpretations of Article 28(6) of NIS2, and argued that TLD registries should not be required to maintain a separate database of the registrant data under NIS2. In my view, Thomas' approach is inconsistent with the remainder of Article 28, and would not achieve the goals of NIS2 to improve cybersecurity across the EU member states. more
On December 14, 2022, the European Parliament adopted the Directive on measures for a high common level of cybersecurity across the Union (Directive (EU) 2022/2555) hereinafter referred to as "NIS2"), which was published in the official journal on December 27, 2022. Being a directive, NIS2 requires transposition into national law. According to Art. 41 of NIS2, the transposition into national law must take place by October 17, 2024 and the measures must be applied as of October 18, 2024. more
As Chairs of ICANN's Registries and Registrar Stakeholder Groups, we are proud to announce that we have initiated a new practice for the Contracted Parties Summits: the publication of our Contracted Parties Summit Statement. As you may (or may not) know, Contracted Parties get together periodically to interact and work together on issues that we care about, and which impact our businesses as registries and registrars. more
In May of this year, I questioned whether the continued legal maneuvering of a company called Altanovo Domains Ltd. (Altanovo) could further delay the launch of .web. After reading its second Independent Review Process (IRP) complaint, and ICANN's response, it seems that the unfortunate answer is a resounding "yes," or at least that is Altanovo's intent. more
Ali's invitation to post reflections on the past 25 years of ICANN is very welcome. No doubt, some will write about major shifts in how ICANN is governed, for example, the end of United States government oversight. While others will write about changes to the industry that ICANN has catalyzed, for example, the 2012 round of new gTLDs and the upcoming next application process. more
The African Network Information Centre (Afrinic), the primary body overseeing internet resources for Africa and the Indian Ocean region, has been thrust into receivership. This move comes in the wake of a crippling injunction secured by a South African firm in Mauritius's highest court. more
The complicated events surrounding the African Network Information Centre (AFRINIC) were brought to light this week by ARIN's President and CEO John Curran during a recent presentation followed by a report today by Simon Sharwood of The Register. more
On December 14, 2021, Dot Hip Hop, LLC (DHH) filed an Urgent Reconsideration Request following ICANN staff inaction (for its over four-month delay) of its Assignment Request for the .hiphop Registry Agreement. Not only did the ICANN Board Accountability Mechanisms Committee (BAMC) decide against considering the Reconsideration Request on an urgent basis, but on its last day of business for 2021, ICANN Org decided to retaliate against DHH for filing the Reconsideration Request in the first place ... more
The .web Independent Review Process (IRP) Panel issued a Final Decision six months ago, in May 2021. Immediately thereafter, the claimant, Afilias Domains No. 3 Limited (now a shell entity known as AltaNovo Domains Limited), filed an application seeking reconsideration of the Final Decision under Rule 33 of the arbitration rules. Rule 33 allows for the clarification of an ambiguous ruling and allows the Panel the opportunity to supplement its decision if it inadvertently failed to consider a claim or defense, but specifically does not permit wholesale reconsideration of a final decision. more
As I noted on May 26, the final decision issued on May 20 in the Independent Review Process (IRP) brought by Afilias against the Internet Corporation for Assigned Names and Numbers (ICANN) rejected Afilias’ petition to nullify the results of the public auction for .WEB, and it further rejected Afilias’ demand to have it be awarded .WEB (at a price substantially lower than the winning bid). Instead, as we urged, the IRP Panel determined that the ICANN Board should move forward with reviewing the objections made about .WEB, and to make a decision on delegation thereafter. more
In January Jörg Schweiger, DENIC's CTO from 2007 to 2014 and CEO since 2014, announced he was stepping down from his position in December. It's been quite a ride, and the domain name industry has evolved quite a lot. So we asked Jörg a few questions about his time with DENIC and the changes he's seen... he came up with some insightful views on why he thought new TLDs missed a great opportunity to do something with "innovative new business models," the importance of security to DENIC... more
On Thursday, May 20, a final decision was issued in the Independent Review Process (IRP) brought by Afilias against the Internet Corporation for Assigned Names and Numbers (ICANN), rejecting Afilias' petition to nullify the results of the July 27, 2016 public auction for the .WEB new generic top level domain (gTLD) and to award .WEB to Afilias at a substantially lower, non-competitive price. Nu Dotco, LLC (NDC) submitted the highest bid at the auction and was declared the winner, over Afilias' lower, losing bid. more
Recently, I have been reporting on a highly questionable auction scheme for a single domain name, o.com, which is currently being improperly warehoused by ICANN along with a number of other .com and .net domain names. This violates ICANN's Bylaws -- but, so what? more
Verisign recently informed ICANN that it had received a letter from the National Institute for Standards and Technology (NIST), an agency of the U.S. Department of Commerce, regarding the proposed auction of o.com described in the Second Amendment to the .com Registry Agreement agreed to by ICANN and Verisign in March 2019. This letter, which doesn't appear to be on official letterhead, is from a NIST Grants Officer and purports to overturn a letter raising objections to the auction... more
During the two-year period preceding the IANA transition in 2016, there was a near-superhuman effort put forth by the community of stakeholders to design, debate, and deploy an accountability framework for ICANN that would serve to check and balance the coordinator of the global DNS. One of the overriding concerns that stakeholders sought to address was the possibility of ICANN being captured, and it was argued that the global community of stakeholders would serve as a "backstop" that would hold ICANN accountable. more
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