Early press reports this morning that the U.S. Department of Commerce had "approved" the proposed .COM Agreement submitted by ICANN-Verisign appear to be a bit off the mark, perhaps in important ways. Yes, it appears that the DOC has approved a new .COM registry agreement for Verisign, but no, it's not, it seems, the same deal that ICANN submitted to the DOC for approval. Obviously, this requires greater reading and analysis from everyone. Details here, from the NTIA.
ADD: So the "approval" of the ICANN-Verisign agreement, as submitted by ICANN, is technically accurate, but by a new Amendment 30 to the Cooperative Agreement between Verisign and the United States, the DOC apparently has placed limitations on Verisign's ability to exercise certain rights and conditions under its new Agreement with ICANN.
Now the analysis is whether the U.S. restrictions will be meaningful. Still reading....
MORE: On further review, it appears as though the DOC placed only two limits on Verisign. The first limitation is in Section 2 which provides that Verisign cannot enter into any renewal agreement with ICANN when this new agreement expires in 2012 unless and until the Department of Commerce first determines that renewal would "serve the public interest." The "public interest" is rather loosely defined in the Amendment, but it does mention Verisign's compliance with Consensus Policies, contractual and technical terms of the Agreement, investment in infrastructure, and the provision of registry services at "reasonable prices." The second limitation is simply federal antitrust law. In Section 5, the DOC writes that "This approval is not intended to confer federal antitrust immunity on Verisign with respect to the Registry Agreement."
STILL MORE: What's even more interesting about the "public interest" analysis, and I'll certainly write about this more from Sao Paulo, is that whether the "public interest" is served by renewal of Verisign's registry agreement will be determined by the United States Department of Commerce. Certainly a policy issue, we can't even say now, in 2006, what the policy personnel in the United States will look like in 2012. We face Presidential elections in 2008, which means that renewal will be determined at the tail end of a first Presidential term for DOC/NTIA officials appointed by.....John McCain? Hilary Clinton? Barak Obama?
And this only underscores the real problem, -- where we'll see all the fireworks in Brazil -- which is why will the "public interest" be determined solely by the United States?
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Thursday, November 30
by
Bret Fausett
on Thu 30 Nov 2006 10:49 AM PST
Friday, November 17
by
Bret Fausett
on Fri 17 Nov 2006 09:20 PM PST
If you like the incumbent GNSO Councilors, you'll be disappointed to learn that they won't be in office much longer. At yesterday's council meeting, the Council passed a resolution, over substantial minority objection, providing that "term limits for GNSO Council
members should be adopted immediately by the GNSO Council with no
grandfathering except in connection with the ability of a council member
to serve out their existing term. A council member can serve no more
than two consecutive terms (regardless of duration)." This resolution doesn't implement term limits by itself, only the ICANN Board can change the bylaws to do that, but it's coming.
by
Bret Fausett
on Fri 17 Nov 2006 07:43 AM PST
From the BBC Online: "Welsh websites could soon choose a .cym address rather than .uk, if a campaign backed by assembly members succeeds....
Liberal Democrat AM Peter Black has endorsed the
campaign on his weblog, describing it as an opportunity for Wales to
assert its identity online.
He said: '...Catalonia has a TLD, so why not Wales?'"
Thursday, November 9
by
Bret Fausett
on Thu 09 Nov 2006 03:54 PM PST
ICANN's Registry Services Technical Evaluation Panel (another acronym to learn: "RSTEP") has issued its report on the security and stability effects of a new registry service -- a wildcard at the second level of the .TRAVEL TLD -- that Tralliance proposed several months ago.
This is from the RSTEP's Summary of its Findings: The fundamental difficulty presented by the proposed .travel wildcard is that redirection would affect all current and future applications and protocols that rely on the DNS. The effects of redirection could not, given the current state of Internet standards and practice, be restricted to simple HTTP web traffic (the context in which the benefits of the service are intended to be realized). The wildcard would change the definition of a host address and disable the technique that many applications use to detect (and potentially correct) erroneous or misleading input.... In summary, while we believe that Tralliance could implement the service that they have proposed, we also conclude that the proposal does create a reasonable risk of a meaningful adverse effect on security and stability to the public Internet. The RSTEP report is now subject to final comment before going to the Board for consideration and review. Friday, November 3
by
Bret Fausett
on Fri 03 Nov 2006 10:02 PM PST
I can't find any relevance to ICANN's mission in the top story linked under 'Announcements' on the ICANN web page.
News Item: First Prosecution under the Australian Spam Act Thursday, November 2
by
Bret Fausett
on Thu 02 Nov 2006 08:32 PM PST
Robert X Cringely: "While China is building a national resource, our government is
letting companies turn the public Internet into an expensive private
toll road." Must reading.
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