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IP-Watch Summer Interns

IP-Watch interns talk about their Geneva experience in summer 2013. 2:42.

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    Is ICANN Policymaking Around Its Bottom-Up Multistakeholder Process?

    Published on 12 April 2013 @ 5:52 pm

    By for Intellectual Property Watch

    This week, registry, registrar and user constituencies at the Internet Corporation for Assigned Names and Numbers (ICANN) complained about what they saw as deviations from the bottom-up multistakeholder process by late additions made to policies or by processes never being laid out to the community for review.

    The 46th ICANN Board meeting took place in Beijing from 7-11 April.

    Avri Doria, a Swedish-US researcher and member of the Non-Commercial Users Stakeholder Group (NCSG), said during the joint session of the Non-Commercial User Constituency (NCUC) and the ICANN Board that there seemed to be a more and more changes to consensus results of the ICANN community “made by the Board and the staff together.” [corrected]

    There has never been a policy process on a “thick” Whois requirement of collecting personal data at the registry instead of keeping it at the registrar, she said, with the whole Whois issue being a Gordian knot the community so far has been unable to entangle. Also the trademark clearinghouse – especially with its late additions – and changes to the contracts between ICANN and the registrars (RAA), and ICANN and the registries (RA) added up to a list of issues changed by the ICANN leadership and without community participation, she said.

    On the RAA, consensus between the parties has been said by ICANN CEO and President Fadi Chehade to be very close, with all law enforcement recommendations addressed. On the RA, representatives of large registries along similar lines as the user constituency attacked the ICANN Board for changes made late in the process, especially an option for the ICANN Board to uni-laterally change the registry contracts by a two-thirds Board majority.

    “It was not in good faith, at the very last minute, a few weeks before introducing the new generic top-level domains [gTLDs, like .com], to reverse a community decision that was made three years ago,” said Chuck Gomes, vice president of policy and compliance at VeriSign, operator of .com and incumbent registry for many years.

    Chehade, reacting to the complaints by the registries, said a decision had been made not to hold a Board meeting on 20 April that was expected to decide on the final base contract versions. Instead, he would put out both contracts for a public comment period. Chehade during the week also accepted criticism about how he had put forward a straw man proposal on the trademark clearinghouse. Chehade repeatedly underlined his support for ICANN’s multi-stakeholder model.

    One problem Chehade has to face is that while the wish lists never seem to be complete and technical and procedural details of the introduction still have to be dealt with, applicants also warn against further delays in the process. Discussions are ongoing on the protection of intergovernmental organisations (IGOs), the handling of non-Latin language variants in the application procedure – which is heavily sought by registries from Asia for example – and the question of closed generic TLDs (like .blog, or .app).

    After Google, which has applied for 100 TLDs, announced that it would open up several of its closed generic TLDs, Irish Registrar Michele Neylon in the public forum in Beijing yesterday appealed to other applicants to go in the same direction.

    Besides 260 public comments ICANN received, governments in a communique also addressed the issue, asking to allow exclusive registry access for the generic TLDs only where this would serve a “public interest goal.” This again could lead to a lot of discussion on the bumpy road to the opening up of the global internet domain name space.

     

    Monika Ermert may be reached at info@ip-watch.ch.

     


    Leave a Reply

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

     

     
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