With the start of hunting season for new gTLDs, attention needs to be paid to Community in all of its reality and diversity. After family, community is one of the strongest organizational principles in human society and has been since the beginning of history. With the rare exception of the classical hermit, everyone is part of multiple communities. Communities are important and need to be protected by society and by this new gTLD process. more
??Dynamics at the Internet's core erode stakeholder legitimacy and aid Sino-Russian efforts for multilateral control. ???At the beginning of what became a prolonged process for privatization, the U.S. Government established a framework of fundamental guiding principles for governance of the Internet's root. These principles were designed to work to preserve a free and open nature for a global network that was to be elastic, extensible, and – at more than two decades – enduring. more
A self-appraisal of the ICANN Board has just been posted on the organization's website. In it, Board members rate 89 different measures of their own performance according to a seven-measure rating from "strongly agree" to "strongly disagree". Unfortunately, despite plenty of figures in the documents, there is zero analysis of what this all means, so I have gone through them and prepared one. more
I recently learned about a meeting that took place between ICANN staff and Noncommercial Users Constituency (NCUC) members Kathy Kleiman and Konstantinos Komaitis regarding the Implementation Recommendations Team (IRT) recommendations for the protection of intellectual property rights in new generic Top-Level Domains (gTLDs). My comment relates to the White Paper published by Ms. Kleiman and Mr. Komaitis with respect to the notion of having multiple Regional Trademark clearinghouses (TMCs). For the reasons stated in this comment, the KK Proposal fails a number of the benchmarking checklists used by the IRT in evaluating proposals. more
Amazingly enough, summer is rapidly ending as kids head back to school, the temperatures in the mornings are just slightly cooler, and soon enough jeans and sweatshirts will be upon us. It also means that the important work on ICANN's temporary specification regarding WHOIS relative to GDPR has already aged a few months. The ICANN Board adopted the temporary specification in May 2018 and it became effective on the 25th of the month. more
As we approach the World Cup in South Africa this June it's heartening to see the amount of attention being paid to the continent. As with ICANN's recent Nairobi meeting, the eyes of the world are focusing on Africa in a new way -- as a sophisticated marketplace, and as a destination for investment, technology, and yes, sports... Still, as we prepare for the Cup and as we celebrate ICANN's recent approval of more Internationalized Domain Names (IDNs), our job as an Internet community remains unfinished. Too many scripts and thus too many key voices remain "off the pitch". more
Earlier this month, the Internet Corporation for Assigned Names and Numbers (ICANN) held its 51st public meeting in Los Angeles. Once again, MarkMonitor joined stakeholders from across the globe to discuss issues ranging from government control over the Internet, to key lessons learned thus far from the new gTLD rollout. This coming year promises to be a big one for ICANN, and for the business and brand community as a result. more
Even though ICANN is moving full steam ahead with the New gTLD Program, many of the program's specifics are still being finalized. Many important questions related to the Trademark Clearinghouse and the Uniform Rapid Suspension (URS) still remain unanswered at this point. However, ICANN has recently provided additional details around Application Reveal and Batching and selected the Independent Objector. more
The House of Representatives has passed another measure related to the proposed IANA functions transition, and has again attached it to "must pass" legislation. This move ups the ante and may well be the final straw that compels the Senate Commerce Committee to hold its own oversight hearing on the IANA transition proposal.On May 30th the House adopted the Duffy Amendment to the Appropriations bill funding the Commerce, Justice, and State Departments in FY 2015. The final vote on the amendment was 229 in favor and 178 opposed -- it was fairly partisan outcome, with only ten Democrats voting aye while just one Republican voted nay. more
Just in time for ICANN's 44th meeting next week, a new Internet Draft has turned up, purporting to fix the centralization of the DNS. The draft has received some attention, including an article in PC World. It isn't entirely clear what the real purpose of the draft is, but it is hard to credit the notion that it is solving any technical problem. Without examining the reasons why the draft exists, I want to debunk a claim in it. more
In opening up for the .BRAND top level domain, ICANN has artificially created a scarce resource of great commercial value. Indeed, the values of the .BRAND TLDs may be astronomical due to the investments made by the companies that own the trademarks represented in the .BRAND TLD. While the above is interesting in its own right, I will here focus specifically on how we deal with situations where more than one company has a legitimate trademark interest in a particular .BRAND TLD. more
No, that title is not a typo. The WHOIS service and the underlying protocol are a relic of another Internet age and need to be replaced. At the recent ICANN 43 conference in Costa Rica, WHOIS was on just about every meeting agenda because of two reasons. First, the Security and Stability Advisory Committee put out SAC 051 which called for a replacement WHOIS protocol and at ICANN 43, there was a panel discussion on such a replacement. The second reason was the draft report from the WHOIS Policy Review Team. more
United States Department of Commerce on Monday announced the official date for privatization of the DNS to be September 30, 2016 -- formerly set to expire on September 30, 2015. more
Most of the ICANN community is headed to ICANN 54, the critical meeting in Dublin where some kind of an agreement on accountability reforms needs to be reached if the historic IANA transition is to take place. Only a few months ago, an open, multi-stakeholder process proposed to enhance ICANN's accountability by creating a very limited form of membership. It did not allow any individual in the world to become a member. It did not even allow any individual or organization with a domain name to become a member (as it should have). more
In addition to being rarely invoked, the Uniform Rapid Suspension System (URS), when utilized, is providing trademark owners and domain name registrants with little guidance about this domain name dispute policy. URS determinations typically offer no insight into the reasons behind an expert's decision, regardless of whether the determination was in favor of the trademark owner (to temporarily suspend the disputed domain name) or the domain name registrant (to allow the registrant to retain the domain name without interruption). more