Adjunct Fellow at The Progress & Freedom Foundation
Joined on August 31, 2006 – United States
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Michael Palage is an intellectual property attorney and an information technology consultant. He has been actively involved in ICANN operational and policy matters since its formation in both an individual and leadership role, including a three-year term on the ICANN Board of Directors.
Palage is currently an Adjunct Fellow at The Progress & Freedom Foundation, a market-oriented think tank that studies the digital revolution and its implications for public policy. He is also President and CEO of Pharos Global, Inc. that provides consulting and management services to domain name registration authorities and other technology related companies.
He has testified before the United States Congress regarding the accuracy and access of domain name Whois data, and as an expert witness in several Internet legal proceedings on behalf of such clients as 3M, Ford Motor Company, NCAA, and the Florida Attorney General. Palage holds a B.S.E.E. from Drexel University, and a J.D. from the Temple University School of Law.
Less than a week ago, I posted a short blog piece entitled "Can ICANN Please Stop Shooting Itself in the Foot?" in which I questioned ICANN's actions in connection with the recently announced key signing ceremony. At the end of this piece I asked the question: "While it seems that ICANN continues it propensity to shoot itself in the foot, does the community need to start worrying about when ICANN takes aim at other more vital organizational body parts?" Well it looks like I only had to wait five days to get the answer to that question. more»
One would think with an annual budget in excess of 60 million dollars a year and a staff of upwards of 140 (including consultants), that someone would have figured out how to prevent the organization from repeatedly shooting itself in the foot. Unfortunately not even a year of star-fish management oversight by the likes of Rod Beckstrom seems to have done the trick. Exhibit One, earlier this week on CircleID we learned about the first Root Zone DNSSEC KSK Ceremony on Wednesday 2010-06-16 in Culpeper, VA, USA. Of course given the significance of this event one would reasonably assume that ICANN might mention this somewhere on the main page of their website? more»
Defense Readiness Condition (DEFCON) is a measure of the activation and readiness of the United States armed forces. The DEFCON scale is a numerical ranking from 5 (standard peacetime protocol) to DEFCON 1 (expectation of actual imminent attack). Today ICANN should find itself at a DEFCON 1 status with the announced pending departure of Doug Brent, ICANN's Chief Operating Officer, effect at the end of July. more»
Listed below is correspondence that I have submitted to ICANN's general counsel in connection with the organization's stated documentary information disclosure policy. more»
For those participants that have been working rearranged hours and participating remotely in connection with ICANN's Nairobi meeting, here is a chance to sleep in. While ICANN Board tea leaf reading is not an exact science, there is a great deal of predictability to ICANN's actions so here are my big three predictions for tomorrow. more»
ICANN has announced that they will be having a Special Meeting of the ICANN Board on 19 February 2010 (3:00 UCT) to discuss the "upcoming ICANN International meeting." It is reasonable to assume that the 17 February 2010 security update will be a topic of discussion... I trust that the ICANN Board will make the right decision balancing the obligations that ICANN has to the global Internet community, with the safety and security of those ICANN stakeholders that participate in person at these ICANN events. However, the ICANN Board needs to gain the trust of the global community in connection with this and other important decisions that it will be making. more»
On December 9, 2009, the ICANN Board announced its intention to vote during its upcoming February 4, 2010 meeting to approve a plan by which ICANN would solicit "Expressions of Interest" (EOI) from prospective applicants for new Generic Top Level Domains (gTLDs) such as .BLOG. But given a number of significant governance and public policy concerns raised by the current EOI proposal, the ICANN Board should take no action on it before the next in-person ICANN regional meeting--in Nairobi, March 3-7, 2010. more»
One of the more interesting developments in this new year is the proposed changes in how, or perhaps more accurately, when the ICANN Board will undertake its activities. Historically, the ICANN Board has held monthly teleconferences (Special Board Meetings), with the exception of those months when the ICANN Board meet in person as part of a regional meeting (Regular Board Meeting). Approximately five years ago, the ICANN Board also began holding bi-annual retreats as part of their regular business activities. Interestingly, the proposed 2010 agenda for the ICANN Board has only four proposed Special Meetings... more»
The ICANN Board, at its October 2009 annual meeting in Seoul, passed a resolution directing staff to prepare an analysis regarding the feasibility of ICANN soliciting Expressions of Interests (EOIs) from prospective applicants for new Generic Top Level Domains (gTLDs)... While this latest initiative should not distract ICANN from the remaining four overarching issues, if well executed, this EOI initiative could provide valuable insights into two of the four overarching issues: economics and root scaling. more»
Rod Beckstrom took over as ICANN President/CEO on July 1, 2009, so October 9th marked his 100th day in office -- and a good opportunity to examine the progress made by ICANN during his short tenure. ...to borrow an analogy from American football: when you have the ball in the Red Zone, you need to score touchdowns, not field goals. So far, under Rod's leadership, ICANN has moved down the field on a number of issues. In particular, ICANN scored a "touchdown heard round the world" by bringing the MoU/JPA to a successful conclusion. more»
Over the next month, the ICANN Board will consider its options for ensuring that some framework is in place to ensure ICANN's accountability to the global Internet community after the approaching expiration of its Memorandum of Understanding and Joint Project Agreement (MOU/JPA) with the U.S. Department of Commerce. We analyze these options in our new paper... more»
A series of recent applications for national trademark rights in terms that correspond to likely strings for new top-level domain names, or TLDs, (e.g., ".BLOG") highlight just one way in which ICANN's new generic TLD (gTLD) application process is likely to be "gamed." But it is also a strategy to which some trademark holders may feel compelled to resort to defend their rights to that string. Unfortunately, it does not appear that ICANN is addressing these important public policy considerations. more»
ICANN has operated on the fundamental principle that there should be separation within the domain name marketplace between registries (wholesale) and registrars (retail). This fundamental principle has been a pillar upon which ICANN has provided registrants (consumers) with increased choice, innovation, and price savings. Therefore it was with great surprise when ICANN staff unilaterally undertook this initial vertical separation analysis through exclusive consultation with ICANN contracting parties (registrars and registries), while totally excluding non-contracting parties (individual, business and non-commercial registrants)... more»
On July 1st 2009, Rod Beckstrom succeeded Paul Twomey as the fourth CEO of the Internet Corporation for Assigned Names and Numbers (ICANN). Rod assumes this important leadership role at a critical juncture in ICANN's ongoing evolution. Saying that he is jumping into the deep end of a pool would not do justice to the magnitude of the tasks before him. The more appropriate analogy might be parachuting from a plane above the Mariana Trench during a typhoon. However, after reading some of his writings, reviewing his biography, and having met with him one-on-one during ICANN's recent Sydney meeting, I am confident that the ICANN Board made the right decision in selecting Rod to lead the organization at this defining moment in Internet governance. 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»
The ICANN community has been especially concerned about the economic reports used by ICANN to justify its decisions as to whether, and how, to implement applications for new gTLDs. Among the greatest sources of concern has been the failure of ICANN staff to issue a complete public response to the ICANN Board's October 2006 demand that ICANN Staff commission economic studies about gTLDs... more»
During the recent ICANN Board meeting in Mexico City, the Board authorized the creation and funding of an Implementation Recommendation Team (IRT). This team was to be comprised of "an internationally diverse group of persons with knowledge, expertise, and experience in the fields of trademark, consumer protection, or competition law, and the interplay of trademarks and the domain name system to develop and propose solutions to the overarching issue of trademark protection in connection with the introduction of new gTLDs." more»
ICANN's plan to begin accepting applications for new generic top-level domains (gTLDs) in mid-2009 may have been derailed by last week's outpouring of opposition from the global business community and the United States Government (USG). Having been involved with ICANN for over a decade and having served on its Board for three years, I've never seen such strong and broad opposition to one of ICANN's proposals. more»
ICANN is currently analyzing technical and policy implications regarding the introduction of Internationalized Top-Level Domains into the root. This is an important step in the continued evolution of the Internet by enabling language communities of the world that write non-Latin and extended Latin scripts to utilize their languages on the Internet... While the IDNC Working Group (IDNC) has made constructive progress on proposing a framework for the introduction of an initial set of IDN TLDs, the approach taken by the IDNC from a legal perspective is fundamentally flawed. more»
Many in the technical community attribute the rapid growth and spread of the Internet to innovation that took place at the "edge" of the network, while its "core" was left largely application neutral to provide a universal and predictable building block for innovation. It is this core neutrality that provides a basis for the security and stability of the Internet as a whole. And it is this same core neutrality that is critical to the continued spread of the Internet across the Digital Divide. Unfortunately, when the politics of censorship rather than solely technical concerns drive the coordination of these "core" Internet resources, it threatens the future security and stability of the Internet. This paper proposes a paradigm upon which all the governments of the world have equal access to these core Internet resources to empower them and their citizens with the rights acknowledged in the WSIS Declaration of Principles. more»
The new and proposed ICANN registry contracts contain no definite price terms, and thus permit potential tiered pricing on a per domain name basis. This has raised concern within the community that a registry operator might abuse its sole source position to engage in pricing practices detrimental to registrants. ...Notwithstanding the possibility of tiered pricing on a per domain name basis in connection with the recently executed sponsored registry contracts (.MOBI, .JOBS, .TRAVEL, .CAT, and .TEL), there have been numerous comments submitted in connection with this possibility in connection with the proposed contracts for the .BIZ, .INFO and .ORG registry contracts. There were four messages that motivate me to write this article... more»