The second day of ICANN49 was "visiting day" for the Generic Names Supporting Organization (GNSO), with various ICANN staff and stakeholder groups meeting with the GNSO. Meanwhile, the Governmental Advisory Committee (GAC), ICANN's mini-United Nations, huddled in another room, also receiving visitors from time to time.
The GNSO was visited by Cyrus Namazi and others from the Generic Domains Division (GDD), the group within ICANN staff tasked with running the New gTLD Program and dealing with existing gTLDs as well. We received a breakneck summary of the status of applications. Most objections to the new gTLDs have now been resolved - only 14 are still left to resolve. It looks like ICANN will be running some "last resort" auctions to resolve contention sets (where there are multiple applicants for the same domain name). In last resort auctions, ICANN keeps the money paid by the winning bidder. In private auctions or other arrangements, the losing bidder(s) get paid by the winning bidder. The last resort auction is only used where the bidders cannot agree among themselves to resolve the contention set privately (hence the "last resort" name). Some thought there would be no last resort auctions, so this was a mild surprise.
The real surprise from the GDD came out when they announced their intention to measure and track the economic and social impact of the new gTLDs, in order to prepare for round two of new gTLD applications. Round Two? Round Two? Many have asked if there would be a Round Two; now. It appears that Round Two is a "when" and a "how," not an "if." For those of you who survived Round One, this is big news. If you felt left out, this is good news. If you are a first round applicant, this may be bad news, as more competition floods the market. If you are a brandowner, still trying to figure out how to police and enforce your trademarks in over 1,000 new domains, be prepared to redouble your efforts. Brandowners should look at Round Two skeptically - is it needed? Can issues in Round One be resolved? Can it be stopped? Be prepared to spend time, money and effort on these questions, if you want to help shape the answers.… Continue Reading
In the first of what are likely to be many Uniform Domain-Name Dispute-Resolution Policy (UDRP) and Uniform Rapid Suspension (URS) cases related to the new gTLD program, CANYON.BIKE was transferred to Canyon Bicycles GmbH of Koblenz, Germany. This seems to have been a relatively easy decision for the arbitrator, since the Respondent's defense was "that he registered the disputed domain name to enlarge his network and 'get in (friendly) contact with Canyon.' The Respondent submits that a lot of people in the cycling industry did not know of the forthcoming new gTLDs and he therefore registered some domain names 'to protect companies' from domain squatting. The Respondent adds that before he was able to contact the Complainant it filed the present Complaint." The Respondent made this claim even though he was seeking money from the trademark owner for the domain name, and had advertisements at the domain name for the trademark owner's competitors.… Continue Reading
While you are reading this, the Internet is changing. Over the past several years, you may (or may not) have heard that the number of Top Level Domains (such as .com, .net, .eu, etc.) was going to grow exponentially at some point in the future. Well, the future is here.… Continue Reading
If you want to avoid being sucker-punched as the Internet Corporation for Assigned Names and Numbers (ICANN) launches new top level domains to compete with .com, .net, .org and others now in use, Reed Smith's client alert, Clashes, Collisions, Delays and Decisions: ICANN, NTIA, Verisign and ANA Weigh In on 'Name Collisions' and the Readiness of the New gTLD Program is a must read. At stake is not just a brand's intellectual property rights, but also the integrity and security of every company's network. Be prepared, or be sucker-punched.… Continue Reading
I think I've finally recovered from my trip to Durban, South Africa, to attend the 47th meeting of ICANN (International Association of Assigned Names and Numbers - the organization that oversees the Internet's domain name system and everything around it). After blogging from the belly of the beast, I now have the luxury of some perspective on the goings-on in Durban and the results of that meeting. Several important points came out of Durban and a few epiphanies along the way that are worth sharing.… Continue Reading
Thursday was the last day of ICANN, and two things were eagerly awaited - the Government Advisory Committee (GAC) Durban Communiqué and the ICANN Public Forum. The Durban Communiqué will update the GAC Advice from the Beijing Communiqué, clarifying (hopefully) the GAC's position on a number of burning issues. The Public Forum is where anyone (in the room or participating remotely) can approach the microphone and ask questions (or make statements) to the ICANN Board and staff...… Continue Reading
On Wednesday, ICANN 47 is in full swing. There are as many as nine meetings going on at once, with overlapping times with even more meetings. Cloning would be a good idea. I'm beginning to figure out tactics for being in two places at one time, some of the time - sitting in one meeting while following the "scribefeed" (live transcription) of another, checking the ICANN "twitterverse" for updates, emailing with colleagues and cohorts from meeting to meeting, etc.… Continue Reading
Tuesday is Constituency Day and Music Night. My Tuesday began bright and early with a breakfast for the Commercial Stakeholder Group (CSG) with the GAC. This was our chance to rub shoulders with the government reps. I sat next to the rep from Nigeria and discussed the role of the GAC in the ICANN policy process. We both seemed to think that the GAC should be more closely involved, which would avoid the "parallel tracks" that seem to occur, including with the IOC/RCRC WG. Another highlight - we were actually in a room with windows. Of course, we had the morning sun, so we baked quite nicely.
Constituency Day then moved on to the CSG meeting. The CSG includes the Commercial and Business Users Constituency (CBUC), the Internet Service and Connectivity Provider Constituency (ISCPC), as well as the Intellectual Property Committee (IPC). We are the regular business users of the Internet - those that are not "contracted parties" with ICANN. We heard from several other ICANN groups. Of greatest concern was the presentation from the Security and Stability Advisory Committee (SSAC) - the "name clash" issue has the capacity to compromise the security and performance of thousands of private networks worldwide. This was reported in such a deadpan tone that Mikey O'Connor of the ISCPC pointed out (in an even more deadpan tone), something like: "So, what you are saying is, my house is burning down, my children are inside, there's gasoline in the garage, and there are no fire trucks in the neighborhood."
To view our previous update from Monday, please visit:
https://www.adlawbyrequest.com/2013/07/articles/icann/dispatch-from-durban-3-welcome-back-my-friends-to-the-show-that-never-ends/… Continue Reading
ICANN 47 kicked off this morning and I have now seen ICANN in all its glory. 1800 delegates, 92 countries. Some participants in African traditional dress; almost everyone else in business casual. The day began with the formal Opening Ceremony and President’s Opening Session. I wish I could tell you it began with the release … Continue Reading
My Sunday started bright and early, with a 7:30 breakfast meeting between the Commercial Stakeholder Group and the GNSO members on the ICANN Board. After admiring the sunrise over the Indian Ocean, I grabbed the shuttle bus for a brief ride over to the land of windowless rooms.
At breakfasts, several concerns were raised. One of these was the "name clash" issue: internal networks (such as most businesses employ) have long used internal top level domains (such as . mail and .corp, among others) for technical purposes. Since these top level domains didn't exist in the "outside world" this raised no issues. Now that these domains have been applied for, they will exist "outside." As a result, an Internet user typing in yourname.mail could find themselves in your private network (and while your network might be secured, what if our Internet user is up to no good?). Conversely, your internal network could experience problems where the same domain name exists inside and outside. The extent of this problem is unknown and has only recently been considered. It appears that the risky top level domains could be delayed while this is worked out, but that is far from certain. Also discussed was the heavy funding in the ICANN Budget for "engagement," (i.e., P.R. and outreach) while compliance appears to get short shrift. Of course, compliance is not sexy or revenue-producing, but without enough "police on the streets" the new gTLD program could be even more dangerous in practice than it appears to be on paper...… Continue Reading
Driving in to Durban from the airport this morning, I caught my first glimpse of the Indian Ocean: endless, exotic, deep, and full of mystery, it stretched to the blue horizon. While the Indian Ocean is more beautiful, it seems like ICANN 47 will be just as endless, exotic, and deep. Only time will tell what ICANN 47 is full of.
Although ICANN 47 does not officially start until Monday, the weekend features a number of working meetings of various ICANN groups, and is the unofficial beginning of each ICANN meeting. I spent my day in the meeting of the GNSO Council. The GNSO (Generic Names Supporting Organization) is a multistakeholder group tasked with developing policy recommendations for the gTLD (generic Top Level Domain) system - the domains we know and love (like .com, .net and .biz) and the domains yet to come (like .wtf, .sucks and .cool). The GNSO Council consists of representatives from each of the stakeholder groups that make up the GNSO.… Continue Reading
ICANN (the organization that runs the domain name system of the Internet) will be meeting in Durban, South Africa starting tomorrow (June 13). ICANN claims to be in the final stages of its planned roll-out of more than 1300 new top level domains (the part of a domain name to the right of the dot). However, there are serious concerns that the new gTLD program is not ready for prime time. Security and stability concerns abound. Features of the Trademark Clearinghouse are still in flux. ICANN has adopted certain items of "GAC Advice" (the GAC - the Government Advisory Committee - is the body through which governments provide input to ICANN), but much has been done hastily, as sort of a "bolt on." Other elements of the GAC Advice are still under discussion between the ICANN Board and the GAC, and will doubtless be the subject of much energy in Durban. Implementation of the GAC Advice (beyond tacking a few paragraphs on to some agreements) is also a big question mark.
This promises to be an interesting meeting, and I am on my way there. As I write this, I am online in Amsterdam, waiting to board an 11-hour flight to Jo'burg, before heading on to Durban. Thankfully, you will not have to endure 15 to 30 hours of travel to see what's going on in Durban. I will be posting a series of "Dispatches from Durban" with news from Durban, and analysis of how it will affect brandowners, consumers and the world we live in.
Greg Shatan… Continue Reading
Over the last few years, the Internet Corporation for Assigned Names and Numbers ("ICANN") has continued to press forward with its efforts to increase the number of generic top-level domains ("gTLDs"). Although ICANN believes this expansion will increase competition and choice in the domain name space, various groups, including advertisers, have lingering concerns that the expansion will further erode Internet security and force them to incur significant expenses to protect their brands. In an attempt to address these concerns, ICANN has implemented a limited number of protection mechanisms. However, these protection mechanisms are only available to those who register their mark(s) in the Trademark Clearinghouse, a global repository of trademark data that launched on March 26, 2013. Thus, in the midst of an expansion that is already riddled with uncertainties, brand owners are now faced with the difficult task of trying to assess the value of ICANN's unproven protections, and determining which marks, if any, are worth registering in the Trademark Clearinghouse.… Continue Reading
Now that the gTLD list has been released, find out what steps you should take to help you protect your brand by reading Reed Smith’s most recent client alert. Learn what is to come and the key dates you should keep in mind. Should you have any questions, please contact any one of our Global … Continue Reading
Today, June 13, the Internet Corporation for Assigned Names and Numbers (ICANN) published the list of applicants and proposed new top-level domains (TLDs) tied to its program to radically expand the domain name system (DNS). Click here to access the list (in the form of an Excel spreadsheet). A TLD is the string of letters … Continue Reading
Reed Smith partner and ANA General Counsel Doug Wood said in an interview with the National Journal that if ICANN fails to respond to the ANA’s concerns, it may be forced to sue to block the proposal. “If they choose to ignore us, which I hope they don’t, then we will have no choice but … Continue Reading
Directly impacting the operations of European companies, the prospect of new TLDs being authorized by Internet Corporation for Assigned Names and Numbers (ICANN) is being challenged. Today, in a letter to Mr. Rod Beckstrom, ICANN President, the ANA (Association of National Advertisers), the U.S. based trade association that represents over 400 international brands, detailed major flaws … Continue Reading
Today, in a letter to Mr. Rod Beckstrom, President, Internet Corporation for Assigned Names and Numbers (ICANN), the ANA (Association of National Advertisers) detailed major flaws in the proposed ICANN program that would permit applicants to claim virtually any word, generic or branded, as Internet top-level domains once the application window is opened in January … Continue Reading
We have written quite extensively over the last several months about the developments brewing within the International Corporation for Assigned Names and Numbers to change the current domain name system. In short, companies and organizations located anywhere in the world will soon be able to register and operate a gTLD that corresponds to just about … Continue Reading
The domain name system is now poised to change dramatically based on a highly controversial proposal for new generic top level domains (gTLDs) approved initially in 2008 by the International Corporation for Assigned Names and Numbers (ICANN), the not-for-profit organization responsible for coordinating the Internet addressing system. Currently, the domain name system is limited to … Continue Reading