Congress to hear from new TLD opponents

ICANN senior vice president Kurt Pritz is set to face a grilling at a Congressional hearing into new top-level domains on Wednesday, judging from the just-published witness list.
Of the other five panelists before the House Subcommittee on Intellectual Property, Competition and the Internet, all are quite critical of ICANN and/or its new gTLDs program:
Steve Metalitz, an IP lawyer and vice-chair of ICANN’s intellectual property constituency, which continues to push for even tougher rights protection mechanisms in the Applicant Guidebook.
Mei-lan Stark, senior VP of IP at Fox Group Legal, also closely involved with the International Trademark Association.
Steve DelBianco, executive director of NetChoice (of which VeriSign is a member), part of the ICANN business constituency. Last time he appeared before a Congressional committee, he called for more rights protections mechanisms and a slower new TLD rollout.
Michael Palage, lawyer/consultant and former ICANN board member. He has recently written articles calling for ICANN to pay more attention to its Governmental Advisory Committee (which, as we know, has a strong focus on IP protection nowadays).
Josh Bourne of the Coalition Against Domain Name Abuse, CADNA, one of the fiercest critics of the program. CADNA thinks new TLDs will cost businesses hundreds of millions of dollars in defensive registrations.
It’s a one-sided panel, with no strong proponents of new TLDs — such as likely applicants — among the witnesses.
Pritz is going to be in the firing line, and no mistake.

Pritz to defend ICANN in Congress

ICANN has confirmed that Kurt Pritz, its point man for the new top-level domains program, will represent the organization at a Congressional hearing next week.
As I reported yesterday, The House Subcommittee on Intellectual Property, Competition and the Internet will hold an “ICANN Generic Top-Level Domains (gTLD) Oversight Hearing” on May 4.
Pritz is senior vice president of stakeholder relations. He has led the development of the new gTLD Applicant Guidebook for the last few years.
Some, such as GNSO Council chair Stephane Van Gelder, have already expressed surprise that ICANN CEO Rod Beckstrom will not be attending.
The last time Congress dragged ICANN to Capitol Hill, in 2009, it was former CEO Paul Twomey who took the brunt of the questioning.
As Domain Name Wire recounts, ICANN took a good kicking on that particular occasion.
The focus of next week’s hearing is expected to be the intellectual property implications of new TLDs.

Congress to question new TLDs rollout

The US Congress is to investigate ICANN’s new top-level domains program next week.
The House Subcommittee on Intellectual Property, Competition and the Internet will hold an “ICANN Generic Top-Level Domains (gTLD) Oversight Hearing” on Wednesday May 4 at 10am local time.
The hearing has been called at the direction of the committee’s chairman, Rep. Bob Goodlatte.
The list of witnesses has yet to be published, but I’d be surprised if we don’t see a representative of the intellectual property lobby in attendance.
It will also be interesting to see who from ICANN is put forward to defend the new gTLD program.
ICANN is accustomed to being hauled over the coals on Capitol Hill every year or so, but I believe that this is the first time it has been subject to a US “oversight” hearing since it signed the Affirmation of Commitments in September 2009.
The AoC ostensibly separated ICANN from direct US control, in favor of a multi-stakeholder approach that gave voice to all national governments.

Go Daddy: let registrars seize domain names

Go Daddy has called for domain name registrars, not registries, to be responsible for seizing domain names associated with criminal activity.
In testimony submitted yesterday to the US House Subcommittee on Intellectual Property, Competition and the Internet, general counsel Christine Jones said that instructing registries to turn off domains can sometimes cause more harm than good.
Registrars, she said, often aid law enforcement with investigations into, for example, child pornography, and that registry interference can be dangerous.
In her prepared remarks (pdf), Jones wrote:

The registry in many instances has no knowledge of these highly confidential and sensitive matters, and we have experienced several occasions in which the sudden disabling of a domain name by a registry disrupted weeks or months of work investigating serious criminal activity by the registrant.
We would like to see future government and private industry efforts focused on naming the registrar as the primary contact for courts and law enforcement regarding all criminal and civil matters relating to domain names.

Also testifying was John Morton of US Immigration and Customs Enforcement, the agency responsible for recent controversial domain name seizures under Operation In Our Sites.
The ICE operation has so far bypassed registrars, going directly to registry operators such as VeriSign. This is arguably more efficient, and avoids jurisdictional problems associated with non-US registrars.
Other registrars have previously echoed Jones’ remarks. Registrars have the relationship with the customer, after all. When a domain is seized by a registry, they have to deal with the fallout.
As we saw with the first phase of the ICE seizures last year, the fact that the registrar had no knowledge of the matter led to a misunderstanding and ICANN being blamed in several media reports.
But yesterday’s Congressional hearing, which aimed to gather information for legislation expected to replace the Combatting Online Infringement and Counterfeiting Act (COICA), spent very little time discussing domains.
At one point, Rep. John Conyers took Morton to task for ICE’s accidental seizure of over 80,000 third-level domains as part of a child porn sting.
Jones was also quizzed about the difference between filtering domains at the ISP level (which she said was unworkable and potentially dangerous) and blocking them at the registry-registrar level.
But Google was in the room, in the form of general counsel Kent Walker, and he took most of the flak, with Congressmen lining up to grill him over Google’s apparently happiness to connect users to bootleg digital content and counterfeit physical goods.

Go Daddy follows Google out of China

Go Daddy is to stop accepting new .cn registrations, after CNNIC demanded that it start collecting photographs and signed registration documents from Chinese customers.
General counsel Christine Jones told the Congressional Executive Committee on China that Go Daddy has also seen an increase in DDoS attacks, specifically against human rights sites that it hosts.
“Domain name registrars, including Go Daddy, were then instructed to obtain photo identification, business identification, and physical signed registration forms from all existing .CN domain name registrants who are Chinese nationals, and to provide copies of those documents to CNNIC,” she said.
Any domain without such documentation would have been blocked by China, she said.
“For these reasons, we have decided to discontinue offering new .CN domain names at this time. We continue to manage the .CN domain names of our existing customers,” she said.
Go Daddy has about 1,200 Chinese customers and 27,000 .cn domains on its books. The company is not going to block Chinese customers. What China will do about them remains to be seen.
The move comes at a tense time for US-China internet relations, with Google grabbing headlines all week due to its ongoing censorship row with the country.
Jones denied the move has anything to do with Google. “We made the decision that we didn’t want to act as an agent of the Chinese government,” she said.
I’ve uploaded a PDF of her written testimony here.