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Europe and US to meet on .xxx and new TLDs

Kevin Murphy, May 11, 2011, Domain Policy

European Commissioner Neelie Kroes is to meet with the US Department of Commerce, a month after she asked it to delay the launch of the .xxx top-level domain.
Tomorrow, Kroes will meet with Larry Strickling, assistant secretary of the National Telecommunications and Information Administration, according to a press release:

This follows the controversial decision of the ICANN Board in March to approve the “.XXX” Top Level Domain for adult content. Ms Kroes will make clear European views on ICANN’s capacity to reform. In particular, Ms Kroes will raise ICANN’s responsiveness to governments raising public policy concerns in the ICANN Governmental Advisory Council [Committee] (GAC) , the transparency and accountability of ICANN’s internal corporate governance and the handling of country-code Top Level Domains for its most concerned public authorities.

In April, Kroes asked Strickling’s boss, Commerce Secretary Gary Locke, to put a hold on the addition of .xxx to the domain name system root until the GAC had chance to discuss it further.
Strickling declined, saying that for the US to take unilateral action over the root would provide ammunition to its critics in the international community.
The US and EC are two of the most active and vocal participants in the GAC – at least in public. Whatever conclusions Strickling and Kroes come to tomorrow are likely to form the basis of the GAC’s short-term strategy as negotiations about new TLDs continue.
ICANN’s board is scheduled to meet with the GAC on May 20, for an attempt to come to some final conclusions about the new gTLD program, particularly in relation to trademark protection.
ICANN wants to approve the program’s Applicant Guidebook on June 20, but is likely to face resistance from governments, especially the US.
Strickling has indicated that he may use the upcoming renewal of ICANN’s IANA contract as leverage to get the GAC a stronger voice in ICANN’s decision-making process.

The 10 dumbest moments from that new TLDs Congressional hearing

Kevin Murphy, May 9, 2011, Domain Policy

The US House of Representatives last week held an oversight hearing into ICANN’s new top-level domains program.
As I may have mentioned, the House Subcommittee on Intellectual Property, Competition and the Internet hearing was set up to be pretty one-sided stuff.
It was clear from the start that ICANN senior vice president Kurt Pritz was going to have his work cut out, given how the panel of five other witnesses was loaded against him.
But as the hearing played out, it quickly became apparent that the real challenge lay not with his fellow witnesses — most of whom were either sympathetic to ICANN from the outset or occasionally forced to leap to its defense — but with the members of the Subcommittee.
While some Congressmen had merely bought into the positions of the trademark lobby, others were so far out of their depth you couldn’t even see the bubbles.
Here, in purely my personal opinion and in no particular order, are the Top 10 Dumbest Moments.
1. Chairman Goodlatte buys the FUD
Subcommittee chairman Bob Goodlatte’s opening statement appeared to have been written with significant input from the intellectual property lobby.
At the very least, he seemed to have accepted some of the more extreme and questionable positions of that lobby as uncontroversial fact.
Two examples:

With every new gTLD that is created, a brand holder will be forced to replicate their internet domain portfolio.

The roll-out of these new gTLDs will also complicate copyright enforcement, making it harder and more costly to find and stop online infringers.

He also, on more than one occasion, advocated a “trademark block list” – the Globally Protected Marks List, an idea even the ICANN Governmental Advisory Committee has now rejected.
2. Whois privacy services are Bad
A couple of Congressmen and a couple of witnesses stated that Whois accuracy needs to be enforced more stringently by ICANN, and that Whois proxy/privacy services help criminals.
I took the liberty of doing Whois queries on the official campaign web sites of all 25 members of the Subcommittee, and found that 11 of them use privacy services.
That’s 44% of the committee. Studies have estimated that between 15% and 25% of all registrations use proxy/privacy services, so Congressmen appear to be relatively hard users.
Here’s the list:
Rep. Steve Chabot, Rep. Darrell Issa, Rep. Mike Pence, Rep. Jim Jordan, Rep. Ted Poe, Rep. Jason Chaffetz, Rep. Ben Quayle, Rep. Ted Deutch, Rep. Jerry Nadler, Rep. Zoe Lofgren, Rep. Tim Griffin.
It also turns out that dei.com, the domain name Rep. Issa bragged about owning during the hearing, has phoney data in its Whois record.
Issa Whois
You can report him to ICANN here, if you’re so inclined.
It’s likely, of course, that these domains were registered by their staff, but I think we’re allowed to hold Congressmen to at least the same high standard they expect of the rest of us.
3. New TLDs will help porn typosquatters
Mei-lan Stark, an IP lawyer from Fox and the International Trademark Association, used the recent UDRP case over myfox2detroit.com as an example of abuse that could happen in new TLDs.
The domain directed visitors to a porn-laden link farm and was rightly deemed by WIPO to be confusingly similar to myfoxdetroit.com, the genuine Fox 2 Detroit site.
But, as Pritz pointed out later in the hearing, myfox2detroit.com is a .com domain. It’s not in a “new” TLD.
Fox, it transpires, has not registered the string “myfoxdetroit” in any other gTLD. Neither have the cybersquatters. It’s clearly not a brand that is, or needs to be, on Fox’s defensive registrations list.
That said, the “typo” myfoxdetroit.co, along with several other Fox .co domains, has been actually cybersquatted, so maybe Stark had a point.
4. Say Watt?
Rep. Mel Watt, the Subcommittee’s ranking member, couldn’t get a handle on why the pesky foreigners aren’t able to use their own non-Latin scripts in existing gTLDs.
I was beating my head against my desk during this exchange:

[After Stark finished explaining that she thinks IDN gTLDs are a good idea]
Watt: So, you think other languages. And that can’t be done in the .com, .net lingo as well?
Stark: Not today. Not the way the system is currently.
Watt: Yeah, well, not the way it’s done today, but what’s the difference? You all keep talking about innovation. Changing somebody’s name is not innovation. Allowing somebody to use a different name is not innovation. That’s not adding anything new to life that I can tell. Mr DelBianco, Mr Metalitz, help me here.
DelBianco: You’re right, just adding a new label to an existing page or content doesn’t really truly create innovation. However, 56% of the planet cannot even type in the domain name…
Watt [interrupting]: That’s not a function of whether you call something “Steve” or whether you call it “net” is it? You can put the Steve in front of the net, or you can put it dot-net, dot-Steve, dot-Watt, Steve, Steven…. you haven’t really created anything new have you?
DelBianco: You haven’t there, but 56% of our planet can’t use our alphabet when they read and write…
Watt [interrupting]: Tell me how this is going to make that better as opposed to what we have right now.
DelBianco: For the first time an Arabic user could type an entire email address in all Arabic, or a web site address in all Arabic.
Watt [interrupting]: Why can’t the current system evolve to do that without new gTLDs?

To Watt’s credit, he did put the witnesses on the spot by asking if any of them were opposed to new gTLDs (none were), but by the time his five minutes were up he was in serious danger of looking like a stereotypically insular American politician.
5. New TLDs are like T-shirts (or something)
Almost everything the NetChoice Coalition’s Steve DelBianco said, whether you agree with his positions or not, was sensible.
But when he started producing props from under the table, including one of the bright yellow custom “TLD-shirts” that AusRegistry International has been printing at recent ICANN meetings, I was giggling too hard to follow his train of thought.
Apparently the new TLDs program is like a T-shirt printing machine because, well… a T-shirt printing machine is more complicated than a label maker, which was the visual simile DelBianco used last time he appeared before the Subcommittee.
It was fun to see Congressmen treated like five-year-old kids for a minute. God knows some of them deserved it.
6. New TLDs will cost Fox $12 million
Stark stated that Fox has about 300 trademarks that it will need to enforce in new TLDs. Given ICANN has predicted 400 new TLDs, and estimating $100 per defensive registration, she “conservatively” estimated that Fox will have to pay $12 million to protects its marks in the first round.
Really?
The same ICANN study that estimated 400 applications being filed in the first round also estimated that as many as 200 of them are likely to be “.brand” TLDs in which Fox will not qualify to register.
A substantial proportion of applications are also likely to have a “community” designation and a restricted registrant policy that, in many cases, will also exclude Fox.
Does Fox really also need to register 300 brands in every city TLD or linguistic TLD that will be approved? Does Fox News broadcast in Riga? Does it have a Basque language TV station?
Not even World Trademark Review was convinced.
7. China is going to take over the internets
The Subcommittee spent far too much time talking around this meme before deciding that China is a sovereign nation that can do pretty much whatever it wants within its own borders and that there’s nothing much a House committee can do about it.
8. Literally everything that came out of Rep. Issa’s mouth
Former car alarm entrepreneur Darrell Issa talked confidently, as if he was the guy on the committee with the geek credentials, but pretty much everything he said was witless, impenetrable waffle.
He started with the premise that it costs a “fraction of a fraction of a fraction of a fraction of a penny” to route traffic to an IPv6 address (why this is relevant, he didn’t say), then asked:

Why, when I go to Go Daddy, do I have to pay between $10 and $10,000 for a name and not from a tenth of a cent to 10 cents for a name?

Why in the world are there so many reserved [ie, registered] names? If I want a good name from Go Daddy… the good names, that I might want, have been already pre-grabbed and marketed in an upward way, higher. Why is it that they’re not driven down? Real competition would imply that those names are driven down to a penny for a user and prohibited from being camped on in order to resell.

Issa is a Republican, so I was quite surprised to hear him apparently advocate against the free market and the rule of supply and demand in this way, and with such a poor grasp of the economics.
Issa’s premise that it costs an imperceptible fraction of a cent to resolve a domain may be true, but only if you’re talking about a single resolution. VeriSign alone handles 57 billion such queries every day.
It adds up. And that’s just resolution, ignoring all the costs carried by the registries and registrars, such as payment processing, security, marketing, Whois (and, in the case of Issa’s domains, Whois privacy and accuracy enforcement), paying staff, rent, facilities, hardware, bandwidth…
Pritz told Issa as much, but he didn’t seem interested in the answer. He instead turned to CADNA’s Josh Bourne, to ask a meandering question that, after listening to it several times, I still don’t understand.
9. Rod Beckstrom gets paid millions
Rep. Maxine Waters was very concerned that ICANN CEO Rod Beckstrom has a salary of over $2 million, “guaranteed”.
She flashed up a copy of what I believe was probably Mike Berkens’ The Domains article about ICANN salaries, from early 2010, but she clearly hadn’t read beyond the headline.
Beckstrom’s salary is $750,000 per annum. He can (and does) get a bonus if he hits his undisclosed performance targets, but it still adds up to less than $1 million a year and pales in comparison to what he’s probably going to earn when he leaves ICANN.
As Berkens accurately reported, Beckstrom has a three-year contract, so he gets a minimum of $2.2 million in total over the period he’s employed as ICANN’s CEO.
People can (and do, continually) question whether he’s earning his money, particularly when he does things like not turning up to Congressional hearings, but his salary is not set at anywhere near the level the Subcommitee heard.
10. This is so important we need more hearings (btw, sorry I’m late)
Several Congressmen called for further hearings on new gTLDs. They’re shocked, shocked, that ICANN is considering doing such a thing.
Some of those calling for further scrutiny weren’t even in the room for much of the hearing, yet saw fit to decree that the subject was so important that they needed more time to investigate.
Whether this turns out to be just more political theater remains to be seen.

“Corruption” claims as .africa fight heats up

Kevin Murphy, May 9, 2011, Domain Policy

The fight for the right to run .africa as a top-level domain has been heating up in recent weeks, culminating today in claims of “corruption” and “large-scale illegality”.
A organization called DotConnectAfrica has been mustering support for .africa for a few years, but since March it has faced a rival bid from AfTLD, an association of African country-code TLDs.
The contest has already degenerated into quite a fierce war of words, with allegations of corruption coming from one side and counter-claims of FUD coming from the other.
DCA claims the AfTLD initiative is using “double-dealing” to “unfairly” win the endorsement of the African Union, while AfTLD says DCA is using “intimidation” to get its way.
Under ICANN’s proposed rules, any entity that wants to apply for a TLD purporting to represent a large geographic region must secure the support of 60% of the nations in that region.
It’s not explicit, but it’s quite possible that African Union support may cover this requirement. Backing from the AU therefore could be the deal-breaker for .africa bidders.
DCA has a letter, signed by AU Commission chair Jean Ping, dated August 2009, which offers to support the DCA application.
But there’s good reason to believe that this support may have been revoked last year, and that the AU Commission has opened up its options once more.
The Commission last November annnounced (pdf) a new Task Force, charged with finding an entity to act as the official applicant for .africa when the ICANN new gTLD program opens.
DCA seems to believe that this Task Force has been captured by supporters of the rival AfTLD bid. In a press release today, it says:

there is a dangerous nexus between a certain cabal within the AU Task Force on Dot Africa and the AfTLD – and this nexus has been established in order to disingenuously facilitate ‘insider’ help for AfTLD’s Expression of Interest to the AU and prospective bid to ICANN.

The release goes on to make a number of allegations, such as:

AU Task Force members on DotAfrica are also advisors and confederates of AfTLD. DCA believes that such affiliations are unwholesome and foster corruption, nepotism, abuse of office, and large-scale illegality.

DCA appears to be concerned (to put it lightly), that some of the members of the AU Commission Task Force appear to have conflicts of interest.
The Task Force’s chair, Pierre Dandjinou, and its vice-chair, Nii Quaynor (a former ICANN director) have both previously put their names to a different and now apparently defunct .africa project that also intended to compete with DCA for .africa.
Another member of the Task Force, Abibu Ntahigiye, manager of Tanzania’s .tz domain, also appears to sit on the executive committee of AfTLD as its treasurer.
I’m not sure if any of this cross-pollination meets the definition of “corruption” or “illegality”, but I can understand why DCA is worried.
The DCA press release follows an AfTLD meeting in Ghana last month at which attendees were urged to “don’t believe what others claim” and “entertain no intimidation” when it comes to the .africa contest.
A presentation (pdf) delivered by AfTLD general manager Vika Mpisane says: “AfTLD, just like the AU, recognizes no any alleged pre-endorsements of any alleged bidder by the AU.”
Mpisane has been quoted recently heavily implying that DCA plans to put its commercial interests before the good of Africans, saying:

On one side is the self-serving commercial interest that some entities are already championing; these are entities that are in it purely for the money; on the other side is a community-serving commercial interest that most of the African internet community prefers.

AfTLD says it recently closed an RFP for a back-end registry provider to join its bid for .africa (and .afrique, which it also plans to apply for) and will announce the winner soon.
The AU Commission is expected to launch an RFP for a registry manager to endorse.

Graham beats Doria to ICANN board

Kevin Murphy, May 8, 2011, Domain Policy

Bill Graham of the Internet Society has won an election to ICANN’s board of directors.
Graham beat academic Avri Doria by 8 votes to 5 in the second round of polling from the Non-Contracted Parties House of the GNSO Council.
He will take his seat at the end of ICANN’s meeting in Singapore next month, June 24, replacing trademark lawyer Rita Rodin Johnson, who is reaching the end of her term.
Graham currently leads ISOC’s “strategic global engagement” initiatives.
(UPDATE: Thanks to Graham for alerting us to the fact that he actually retired from ISOC a week ago).
Until 2007, he was director of international telecommunications policy with Industry Canada, the Canadian government’s department responsible for the technology economy.
In that role, he also served as vice-chair of ICANN’s Governmental Advisory Committee.
The current GAC chair, who also has a non-voting seat on the ICANN board, is Heather Dryden, also a senior policy adviser at Industry Canada.
Graham will become the fourth former GAC member to join the ICANN board, after former CEO Paul Twomey of Australia and current directors Bertrand de la Chapelle of France and Gonzalo Navarro of Chile.
Here’s a useful infographic, courtesy of ICANN, that shows how the board is composed (click to enlarge).
ICANN Board structure
The two green squares are set aside for members of the GNSO. One is for “contracted parties” such as registrars and registries. Graham, elected by the NCPH, will take the other.
In the first round of voting, which concluded a week ago, Doria led by 7 votes to 6, one short of the 8 votes needed to win.
While the voting was private, it is believed that non-commercial and commercial stakeholders voted in blocs in the first round – commercial for Graham, non-commercial for Doria. In the second round, two of her supporters evidently switched sides.
Graham and Doria were the only candidates to be nominated.

US wants to delay new TLDs

Kevin Murphy, May 6, 2011, Domain Policy

With ICANN seemingly hell-bent on approving its new top-level domains program at its Singapore meeting, June 20, the US government wants to slam the brakes.
Congressmen from both sides of the aisle this week said the launch should be put on hold, and yesterday Lawrence Strickling, head of the NTIA, said he does not believe June 20 is realistic.
In a speech before the Global Internet Governance Academic Network, GigaNet, in Washington DC yesterday, Strickling said that ICANN needs to pay more heed to the advice of its Governmental Advisory Committee before it approves the program.

I commend ICANN for its efforts to respond to the GAC advice. Nonetheless, it is unclear to me today whether ICANN and the GAC can complete this process in a satisfactory manner for the Board to approve the guidebook on June 20, 2011, as ICANN has stated it wants to do.

While discussing the ongoing boogeyman threat of an International Telecommunications Union takeover of ICANN’s functions, he added:

Unless the GAC believes that ICANN has been sufficiently responsive to their concerns, I do not see how the Guidebook can be adopted on June 20th in Singapore in a manner that ensures continuing global governmental support of ICANN.

That’s incredibly strong stuff.
Strickling is suggesting that if ICANN rejects GAC advice about what goes into the new TLDs Applicant Guidebook, ICANN may be able to kiss international governmental support goodbye, potentially threatening the organization’s very existence.
And it wasn’t the only threat he raised.
The National Telecommunications and Information Administration is in the process of renewing and possibly amending ICANN’s IANA contract, which gives it the power to introduce new TLDs.
If anyone in any government is in a position to bargain directly with ICANN, it’s Strickling. He tackled this position of power head-on in his speech:

I heard from yesterday’s House hearing that some of the witnesses proposed that we use this contract as a vehicle for ensuring more accountability and transparency on the part of the company performing the IANA functions. We are seriously considering these suggestions and will be seeking further comment from the global Internet community on this issue.

I believe the only witness to raise this issue at the hearing was Josh Bourne of the Coalition Against Domain Name Abuse. He wants a full audit of ICANN before the IANA contract is renewed.
The Congressional “oversight” hearing in question, before the House Subcommittee on Intellectual Property, Competition and the Internet, was not much more than a kangaroo court.
The Representatives in attendance read from prepared statements and from questions they frequently seemed to barely understand, stated fringe opinions as fact, asked inane questions that demonstrated the loosest of grasps on the subject before them, then came to the (foregone) conclusion that the new gTLD program should be delayed pending further work on protecting trademark holders.
I’m not saying these politicians need to be subject matter experts, but if the words “intellectual property” and “the internet” are in your job description, you ought be embarrassed if the words “new BGLTs, or whatever they’re called” come out of your mouth in public.
The Subcommittee has no direct power over ICANN, of course, beyond the fact that it belongs to the legislature of the country where ICANN is based.
But Strickling does.
In his speech yesterday, he also made it quite obvious that the NTIA currently has no plans to push ICANN further along the road to full independence by signing a Cooperative Agreement instead of a procurement contract for the IANA function.
That proposal was made by ICANN CEO Rod Beckstrom, and supported by a small number of others in the industry, including Vint Cerf. But Strickling said:

The fact is, however, that NTIA does not have the legal authority to transition the IANA functions contract into a Cooperative Agreement with ICANN, nor do we have the statutory authority to enter into a Cooperative Agreement with ICANN, or any other organization, for the performance of the IANA functions.

The Beckstrom proposal always seemed like a long shot, but to have it dismissed so casually will surely be seen as a setback on the road to true ICANN independence from the US.

Europe asked the US to delay .xxx

Kevin Murphy, May 5, 2011, Domain Policy

European Commissioner for the Digital Agenda Neelie Kroes asked the US Department of Commerce to delay the introduction of the .xxx top-level domain after ICANN approved it, I can reveal.
In an April 6 letter to Secretary of Commerce Gary Locke, a copy of which I have obtained, Kroes expressed dismay with ICANN’s decision, and wrote (my emphasis):

I would therefore consider it necessary for the [ICANN Governmental Advisory Committee] to reflect, at a senior level, on the broader implications of the Board’s decision on .XXX, and to do so before the TLD is introduced into the global Internet. I assume that the United States government would appreciate the opportunity to hear the views of other countries on this important issue, and I very much hope therefore that I can count on your support for such an initiative.

The letter was sent after ICANN had approved .xxx, but nine days before the National Telecommunications and Information Administration instructed VeriSign to add it to the DNS root.
It seems to be an implicit request for the NTIA to delay .xxx’s go-live date to give the Governmental Advisory Committee of ICANN time to regroup and consider how best to continue to oppose the domain.
As I reported this morning, assistant secretary Lawrence Strickling replied to Kroes later in April, agreeing with her in principle but saying that to intervene could do more harm than good.
Kroes objected on the grounds that GAC had “no active support” for .xxx, that national-level blocking of the TLD could threaten internet stability, and that parents will be given a “false sense of security” if they choose to filter .xxx domain names.
She also didn’t buy ICANN’s rationale for its decision, saying it contained “mostly procedural arguments that do not adequately reflect the significant political and cultural sensitivities” created by .xxx.
She additionally noted that:

Most importantly, perhaps, are the wider consequences that we have all have to deal with as a result of this decision. We are both aware of the broader geo-political Internet governance debate that continues regarding the legitimacy of the ICANN model. I am concerned therefore that ICANN’s decision to reject substantive GAC advice – of which there is also an apparent risk in relation to the new generic TLD process – may be detrimental to the multi-stakeholder, private sector-led model which many of us in the international community have been stoutly defending for years.

This seems to be a reference to the longstanding debate over whether the International Telecommunications Union, or another intergovernmental body, may be better suited to overseeing domain name system policy.
In his reply to Kroes, Strickling offered to meet her by teleconference or in person in Brussels, in order to discuss how to proceed.
The fallout from .xxx’s approval may not be over by a long shot.
UPDATE: Read the Kroes letter: Page One, Page Two.

Did Europe ask America to block .xxx?

Kevin Murphy, May 5, 2011, Domain Policy

The European Commission may have asked the US Department of Commerce to block or delay the .xxx top-level domain, it has emerged.
I’ve heard rumors for a few weeks that Neelie Kroes, vice president of the Commission responsible for the digital economy, wrote to Commerce in April, asking it to delay the go-live date for .xxx.
Today, a reply from Lawrence Strickling, assistant secretary at Commerce, has emerged, published on the blog of Polish technology consultant Andrzej Bartosiewicz.
It appears to confirm the rumors. Strickling wrote:

While the Obama Administration does not support ICANN’s decision, we respect the multi-stakeholder Internet governance process and do not think it is in the long-term best interest of the United States or the global Internet community for us unilaterally to reverse the decision.

It’s certainly possible to infer from this that Kroes had asked the US to exercise its unique powers over the domain name system’s root database to block or delay .xxx.
The Kroes letter was evidently sent April 6, about 10 days before the National Telecommunications and Information Administration, part of Commerce, instructed VeriSign to add .xxx to the root.
In his April 20 response, Strickling shared Kroes’ “disappointment” with ICANN’s decision, saying the organization “ignored the clear advice of governments worldwide, including the United States”.
He said the decision “goes against the global public interest and will spur more efforts to block the Internet” and agreed that ICANN “needs to make to engage governments more effectively”.
To that end, Strickly offered to fly to Brussels to meet with Kroes to conduct a “senior level exchange” on how to better work with ICANN.
While it’s probably too late for any of this to affect .xxx, operated by ICM Registry, it is a clear sign that governments are taking a renewed interest in ICANN’s work.
ICANN’s Governmental Advisory Committee issued weak advice on .xxx, noting merely that no governments outright supported it, and that “several” were opposed. The was no consensus.
Because the GAC did not explicitly say “do not approve .xxx”, ICANN was able to rationalize its decision by saying it was not explicitly overruling governmental advice.
At least three countries — Saudi Arabia, India and Kenya — have already indicated that they may block .xxx domains within their borders.
UPDATE: Kroes did in fact ask Commerce to delay .xxx.

Congress to hear from new TLD opponents

Kevin Murphy, May 2, 2011, Domain Policy

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.

More government domain name censorship?

Kevin Murphy, April 28, 2011, Domain Policy

The government of Turkey has reportedly just kicked off a Draconian crackdown on domain names that contain words relating to sex and pornography.
According to the Hürriyet Daily News, a local daily newspaper, the telecommunications authority today send a list of 138 banned strings, many of them English words, to Turkish web hosts.
If the report is to be believed, any web sites containing any of the banned words in the domain will be shut down, even if the offending string is caused by two unrelated words running together.

The affect of the decision could see the closure of many website that feature the banned words. For example, the website “donanimalemi.com” (hardwareworld.com) because the domain name has “animal” in it, a banned word and likewise “sanaldestekunitesi.com,” (virtualsupportunit.com) would not be able to operate under its current name because it has “anal” in it; also among the 138 banned words.

In addition to many Turkish and English words, apparently the number 31 is also verboten, because it is local slang for “masturbation”.
The report suggests that the ban affects domain names in .com, not just in Turkey’s .tr country-code domain, but that it only affects web hosts, rather than access providers or registrars.
If the report is accurate (a machine translation of this regulator press release, in Turkish, suggests that it may be), it may be the strangest piece of government domain censorship in the internet’s short history.
Thankfully, if it only applies to web hosts (rather than to ISPs and domain registrars) I can’t see it having much of an impact.
If you host in Turkey, I expect that switching to a foreign provider will in many cases be fairly straightforward.
If there are any Turkish speakers reading this who are able to shed light upon this bizarre story, please do get in touch.

Pritz to defend ICANN in Congress

Kevin Murphy, April 27, 2011, Domain Policy

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.