The ICANN Board will soon make many decisions, one of which is to decide whether to continue or reverse ICANN's longstanding policy of vertical separation of registries and registrars. Since new Top-Level Domains (TLDs) are supposed to benefit registrants with lower prices, choice and what we trust will be a decision for 'market-differentiated' competition, the Board will no doubt consider market forces as well as compliance and enforcement issues in choosing the path that can maximize these goals. more
ICANN has just made USD $135 million from an auction completed today (July 29, 2016) to determine who gets to operate .WEB. The auction was part of ICANN's last resort mechanism, when several parties applied for the same suffix but were unable to resolve this contention by themselves. ICANN has just more than doubled its auction proceeds in one go. more
ICANN oversees the creation of many contracts. Its highest paid contractor has historically been the law firm of Jones Day, and of course ICANN has many lawyers on staff. In the past I've identified loopholes in proposed contracts, and those were corrected before they were exploited. However, are there other loopholes sitting in existing contracts waiting to be exploited, or ambiguities with major financial consequences depending on their interpretation? more
Earlier today the U.S. Court of Appeals for the DC Circuit issued its decision in Weinstein vs. Iran, a case in which families of terror victims sought to have ICANN turn over control of Iran's .IR ccTLD to plaintiffs. In a unanimous decision the three judge panel stated, "On ICANN's motion, the district court quashed the writs, finding the data unattachable under District of Columbia (D.C.) law. We affirm the district court but on alternative grounds." more
Internationalized Domain Names or IDNs are back in the news. ICANN recently released a document entitled "Proposed Final Implementation for IDN ccTLD Fast Track Process"... In a nutshell, ICANN has now offered a path toward authorizing the adoption of ccTLDs in many countries' native languages. This marks a welcome advance for millions of Internet users who do not speak English or who do not use another language covered by ASCII. But with this advance comes some concerns. more
In mid-August ICANN staff attempted to impose their own proposal for the process that will determine what overall new ICANN accountability measures should accompany the proposed IANA functions transition -- and thereby replace the restraining and corrective oversight role that the U.S. has played through periodic reevaluation of ICANN performance in conjunction with re-awarding of the IANA contract. In united reaction against that attempt, the ICANN community sent an unprecedented joint letter to CEO Fadi Chehade and the ICANN Board... more
One summer sport in Internet governance is speculating on what direction ICANN's new CEO will take it in. Making the media rounds yesterday on Fox and Lehrer News Hour to talk about the recent DDoS attacks on US and S. Korea government and commercial websites, new CEO Rod Beckstrom pushed how the response to cyber attacks is a coordinated effort, he also alluded to ICANN's role in similar attacks. Responding to a question on the News Hour about the USG policy response to dealing with cyber attacks, Beckstrom highlighted the critical role of ISP filtering, and identified the "organic" as well as "somewhat structured" coordination which occurs during a typical response. More interestingly, he plugged ICANN's facilitating role. more
In just a few days the ICANN 54 meeting will be up and running in Dublin, and schedule revisions are being implemented to devote even more time to discussion of accountability measures to accompany the transition of IANA stewardship. These developments come in the wake of the ICANN's Board pronouncement that it will not support either the "sole member" model (SMM) devise by the CCWG-ACCT (CCWG) after ten months of intensive labor, or even the "designator" model that it was considering as a possible fallback. more
In research, one of the important steps is to identify the problem that needs exploration. Another step is to identify how to find a solution. Once it is possible to agree on the nature of the problem, then it begins to be a matter of how to approach the problem. more
I have struggled over the past couple of weeks to come up with a metaphor to succinctly describe the standoff between the ICANN Board and the ICANN Government Advisory Committee (GAC) over the new generic Top-Level Domain (gTLD) implementation process. So here's my best attempt to explain these dynamics in terms a layperson may be better to understand. I chose the metaphor for its timeliness, without meaning to offend anyone. more
ICANN's plan to increase competition and bring innovation in the domain space by launching top-level domains (TLD) seems to be in full swing following the resolutions at the last ICANN Board retreat in Norway. However one area that seems unclear is who will take responsibility in determining the TLD winners. After years of continuous additions, retractions and amendments, the Draft Applicant Guidebook (DAG) is not yet finalized. However, the word in the ICANN community is that the TLD program launch will be in effect immediately after the ICANN San Francisco meeting held in March 2011. more
New pioneering ideas are not always welcomed or requested by consumers... Henry Ford didn't wait until people wanted a mass-market car. Citibank didn't wait until they wanted ATMs, and Jeff Bezos didn't wait until they decided to shop on their computers. But the three innovators did more than follow a vision. Before they made their respective leaps, they pondered what people did want. They asked themselves some hard questions. more
There are two kinds of new domain name extensions: those dedicated to selling domain names through the network of accredited Registrars and those dedicated to a personnel use. I call these "dotBRANDs" or ".brand" new gTLDs since they are used - most of the time - by Trademarks for their own benefit. This article focuses on .BRAND new generic Top-Level Domains. In the ICANN vocabulary, these are "Registry Agreements with Specification 13". more
After wading through the various IANA Notice of Inquiry (NOI) submissions I thought I would take a break and do a secondary review of the recently concluded ICANN regional meeting in San Francisco. In doing this review there were three things that kind of jumped out at me as still missing in action. more
ICANN recently commissioned a report from a domain auction company to see whether it would be a good idea to auction Top-Level Domains (TLDs) that have multiple applicants. Remarkably, the domain auctioneers came to the conclusion that auctions are a great idea, which they surely are for some people. But are they a good idea for ICANN? And if ICANN admits they can't evaluate competing applications on their merits, how can they keep the process from turning into another speculative land grab? more
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