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US and Russia face off over ICANN veto power

Kevin Murphy, October 6, 2010, Domain Policy

The ruling body of the International Telecommunications Union this week kicked off a major policy-making meeting in Guadalajara, Mexico, and has already seen the US and Russia taking opposing stances over the future control of ICANN.

A group of former Soviet nations, chaired by the Russian Federation’s Minister of Communications, seems to have proposed that the ITU should give itself veto power over ICANN decisions.

A proposal filed by the Regional Commonwealth in the field of Communications (RCC) calls for the ICANN Governmental Advisory Committee to be scrapped and replaced by an ITU group.

Consideration should be given to the expediency of having the functions of GAC carried out by a specially-constituted group within ITU with the authority to veto decisions adopted by the ICANN Board of Directors. If it is so decided, the ITU Secretary-General should be instructed to consult ICANN on the matter.

The proposal was first noted by Gregory Francis at CircleID.

It says that the GAC is currently the only avenue open to governments to “defend their interests” but that it has “no decision-making authority and can do no more than express its wishes”.

It also notes that fewer than 50% of nations are members of the GAC, and that only 20% or fewer actually participate in GAC meetings.

The proposal was apparently submitted to the ongoing ITU Plenipotentiary Conference but, in contrast to ICANN’s policy of transparency, many ITU documents are only accessible to its members.

A reader was kind enough to send me text extracted from the document. I’ve been unable to verify its authenticity, but I’ve no particular reason to believe it’s bogus.

The RCC was set up in 1991 to increase cooperation between telecommunications and postal operators in the post-Soviet era. Its board is comprised of communications ministers from a dozen nations.

Its position on ICANN appears to be also held by the Russian government. Igor Shchegolev, its communications minister, is chair of the RCC board.

At the Plenipotentiary on Tuesday, Shechegolev said (via Google Translate):

We believe that the ITU is capable of such tasks to international public policy, Internet governance, its development and finally, protection of interests of countries in ICANN.

Philip Verveer told the conference:

the ITU should be a place where the development of the Internet is fostered. The Internet has progressed and evolved in a remarkably successful way under the existing multi-stakeholder arrangements. Changes, especially changes involving inter-governmental controls, are likely to impair the dynamism of the Internet—something we all have an interest in avoiding.

ICANN itself has no formal presence at the Plenipotentiary, after ITU secretary-general Hamadoun Toure turned down a request by ICANN president Rod Beckstrom for observer status.

The conference carries on until October 22. It’s likely that we haven’t heard the last of the anti-ICANN rhetoric.

FDA to get domain name takedown role?

Kevin Murphy, October 4, 2010, Domain Policy

The US Food and Drug Administration may in future take a stronger role in having domain names associated with rogue internet pharmacies shut down.

Following the meeting between domain name registrars and registries and the Obama administration at the White House last week, I reached out to a few attendees to find out what was discussed.

I didn’t have much luck, to be honest. Some said the meeting was quite dull. But Christine Jones, Go Daddy’s general counsel, was good enough to answer a few questions via email.

The meeting was scheduled to discuss voluntary measures domain firms can take to shut down web sites selling counterfeit pharmaceuticals. I asked whether any specific solutions were discussed.

Jones replied: “Not specifically. There could be an FDA-led solution at some point, which Go Daddy supports.”

The FDA has taken action against illegal online pharmacies in the past, but it does not currently appear to do so on a day-to-day basis.

In November 2009, the agency sent warning letters to the operators of 136 web sites that appeared to be selling medicines illegally. The letters were also sent to the registrars of record for the sites’ domains, most of which were taken down.

The FDA said at the time that the intention was to alert the registrars that the registrants in question may have been in violation of their terms of service and eligible for termination.

In general, the FDA says that overseas pharmacies selling prescription drugs into the US, whether counterfeit or not, is illegal. What this would mean for any “FDA-led solution” is a matter for speculation.

It’s well-known that sick people in the US tend to pay more for their prescription drugs than in other nations, due in part to years of protectionist policies designed to keep the pharma business healthy.

While there are plenty of crooks selling potentially dangerous bogus pills online, some say there are also many legitimate Canadian pharmacies online that supply authentic products more cheaply to US-based prescription holders.

Currently, many US registrars use services such as LegitScript to identify potentially infringing sites. Demand Media’s registrar, eNom, is the most recent convert.

LegitScript, which also only approves US pharmacies, is subject to a certain degree of controversy.

Last week it threatened to sue a web site that made a number of allegations about its financing and the motivations of founder John Horton.

Horton founded LegitScript in 2007, shortly after leaving his Bush administration role as associate deputy director of the Office of National Drug Control Policy.

LegitScript’s main competitor, PharmacyChecker.com, recently asked the US Congress to investigate Horton for alleged ethics violations, claiming he set up LegitScript while still in government.

In April 2007, the ONDCP issued a report which harshly criticized PharmacyChecker for approving Canadian pharmacies that sell drugs to US citizens over the internet, which it said was illegal.

The domain name legitscript.com was initially registered on March 20, 2007. The earliest Whois record I can find, from July that year, shows Horton was the registrant.

Horton’s LinkedIn profile says he left the administration in May 2007.

It seems likely that even if LegitScript did not exist until Horton was out of government, he was preparing its foundations months earlier, at the same time as his office was trashing his future competitor.

Finally, to return to last week’s White House meeting, I asked Go Daddy’s Jones whether the focus was on healthcare or IP protection, and she had this to say:

The focus of this particular meeting was definitely not IP protection. Although IPEC [Intellectual Property Enforcement Coordinator] organized the meeting, there were administration officials and law enforcement attending from many areas of the government. The focus was on finding ways to deal with the rogue pharmacy issue, to get non-compliant registrars to join the fight, and to beef up AUPs to cover registrars in these cases.

She also said that the topic of COICA, the Combating Online Infringement and Counterfeits Act, was not raised.

As I’ve previously reported, ICANN did not attend the White House meeting.

Arab League asks ICANN for recognition

Kevin Murphy, October 1, 2010, Domain Policy

The League of Arab States has called on ICANN to formally recognize the Arab region.

UPDATED: Read this correction.

Delhi Commonwealth Games wins UDRP

Kevin Murphy, September 28, 2010, Domain Policy

With five days to go before the Commonwealth Games kicks off in Delhi, the organizers may be under fire for expecting athletes to live like squatters, but they have managed to beat off one cybersquatter.

(Do you see what I did there?)

The Organising Committee of the games has been handed delhi-commonwealth-games.com in a UDRP proceeding against an anonymous registrant handled by WIPO

It looks like a fairly straightforward case. The web site, which has content, appears on the first page of Google for [delhi commonwealth games]. The WIPO panelist said its use of commercial links showed bad faith.

The official domain of the games is the rather less SEO-friendly cwgdelhi2010.org.

Interestingly, the Committee became aware of the domain in April 2009 and its first move was to ask the registrar, Directi, to block it, which it refused. It was well over a year later when the UDRP claim was filed.

Delhi was awarded the Commonwealth Games in 2003. The domain was registered in 2006.

The city has recently come under fire for its apparent lack of preparation, offering arriving athletes accommodation well below par from a health and safety perspective.

ICANN will not attend White House drugs meeting

Kevin Murphy, September 28, 2010, Domain Policy

ICANN has declined an invitation from the Obama administration to attend a meeting tomorrow to discuss ways to crack down on counterfeit drugs web sites.

The meeting, first reported by Brian Krebs, was called with an August 13 invitation to “registries, registrars and ICANN” to meet at the White House to talk about “voluntary protocols to address the illegal sale of counterfeit non-controlled prescription medications on-line.”

The meeting is reportedly part of the administration’s Joint Strategic Plan to Combat Intellectual Property Theft, which was announced in June.

It also follows a series of reports from security firms that called into question domain name registrars’ willingness to block domains that are used to sell fake pharma.

ICANN tells me that, following talks with White House Intellectual Property Enforcement Coordinator Victoria Espinel, it was agreed that it would “not be appropriate” for ICANN to attend.

The decision was based on the fact that ICANN’s job is to make policy covering internet names and addresses, and not to regulate the content of web sites.

ICANN’s vice president of government affairs for the Americas, Jamie Hedlund, said the meeting was “outside the scope of our role as the technical coordinator of the Internet’s unique identifiers.”

I suspect it also would not have looked great on the global stage if ICANN appeared to be taking its policy cues directly from the US government rather than through its Governmental Advisory Committee.

Demand Media-owned registrar eNom, which has took the brunt of the recent criticism of registrars, recently signed up to a service that will help it more easily identify and terminate domains used to sell counterfeit medicines.