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From:
Ginger Paque <[log in to unmask]>
Reply To:
Ginger Paque <[log in to unmask]>
Date:
Thu, 16 Jul 2009 15:10:00 -0430
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Tx Robin. I assume you will let us know what you find out... Best, Ginger

Robin Gross wrote:
> Interesting... yesterday's version of the FT article had more 
> discussion about noncommercial users being ignored than today's 
> version of the article has.   My quote on the issue was edited out of 
> the article overnight.
>
> Yesterday's version of FT article on ICANN:
> http://www.ft.com/cms/s/0/ce57c854-7170-11de-a821-00144feabdc0.html
>
> Here was my quote in yesterday's article that was removed from today's 
> version:
>
> Robin Gross, a cyberspace rights lawyer, and executive director of IP 
> Justice, an international civil liberties organisation, said: “Icann 
> is full of people who work for corporations and think that Icann 
> should be run like one. When I try to remind people that it is a 
> not-for-profit organisation, they look at me like I am mad. Icann is 
> dominated by commercial stakeholder groups.”
>
>
> I'm going to email the reporter and ask her what happened.
>
> Robin
>
> On Jul 16, 2009, at 11:39 AM, Robin Gross wrote:
>
>> ICANN in today's Financial Times:
>> *
>> http://tinyurl.com/l8uvgv
>>
>> *
>> *Dot organisation*
>> By Maija Palmer
>>
>> Published: July 16 2009 03:00 | Last updated: July 16 2009 03:00
>>
>>
>> A couple of weeks ago, Sarah Deutsch got a typical call. The 
>> associate general counsel at Verizon spoke to a lawyer friend who 
>> informed her that someone was selling the internet address 
>> Verizonwirelessstorm.com on eBay for $1m. For Ms Deutsch and her team 
>> of five trademark lawyers, it triggered another weary process of 
>> trying to track down the seller and reclaim the web name.
>>
>> "We get reports of thousands of violations each day and it is 
>> difficult to prioritise which ones we go after," she says.
>>
>> Verizon, the US telecommunications operator, owns a portfolio of 
>> 10,000 domain names, everything from the obvious verizon.com to 
>> misspellings such as verison.com and names such as verizonsucks.com, 
>> which they would prefer to keep out the hands of mischief-makers or 
>> competitors. This is typical for large companies. Microsoft, for 
>> example, owns more than 24,000 domain names.
>>
>> Ms Deutsch's job is about to get much harder. Next spring the 
>> Internet Corporation for Assigned Names and Numbers - the agency that 
>> runs the web's day-to-day operations - plans to allow a dramatic 
>> expansion of the 268 "top-level" domains, or everything after the 
>> dot. Currently these range from the generic - ".com" or ".org" - to 
>> the country-specific, such as ".uk". But the US-based body now plans 
>> to open the floodgates and let anyone register a new top-level domain 
>> - as long as they can pay the $186,000 (£113,000, €132,000) 
>> registration fee. Icann estimates that there will be about 500 new 
>> ones, ranging from the person or company-specific (".verizon") to the 
>> generic (".books").
>>
>> This opening up of the internet represents one of the biggest shifts 
>> yet seen in the underlying structure of the online medium. Its 
>> implications are complex and controversial - and extend well beyond 
>> the concerns of the commercial enterprises that see the Web as little 
>> more than a virtual global shopping mall.
>>
>> A representative of the Pope, for instance, has written to Icann with 
>> concerns over how it would ensure that sensitive religious domains - 
>> ".catholic", ".muslim" or even ".god" - would not fall into the wrong 
>> hands.
>>
>> Public interest groups, meanwhile, fear that the changes mark part of 
>> a more general rewriting of the rules of the internet that could see 
>> free speech lose out to commercial interests.
>>
>> Such concerns, in turn, have prompted renewed questions about the 
>> structure and governance of the internet - an issue that has never 
>> been far below the surface in recent years. Icann, a non-profit 
>> corporation that is still ultimately at the behest of the US 
>> Department of Commerce, has faced challenges before to the way it is 
>> organised, most notably from a European attempt to put it under the 
>> control of the United Nations.
>>
>> The coming expansion of the internet's naming system is a central 
>> part of Icann's attempt to prove that it truly operates in the 
>> interests of a fast-growing global audience. The Roman alphabet, for 
>> instance, still dominates the internet naming system, yet the world's 
>> biggest internet audience is now in China. Arab nations have also 
>> bristled under long delays in Icann's efforts to come up with a 
>> system that suits their needs.
>>
>> If Icann fails to appease these interest groups, the consequences 
>> could be severe. Getting it wrong could lead to schisms over the 
>> underlying naming system of the internet - in effect, leading to a 
>> fragmentation that turns the single global online medium into a 
>> series of separate systems.
>>
>> With an end to the years of work it has taken to create a new naming 
>> system now in sight, it is large corporations that have been making 
>> the loudest noise.
>>
>> The costs and risks for any big company that does business over the 
>> internet are considerable. Although some domain names can be 
>> registered for a few dollars, if they are already owned by someone, 
>> it can cost around $2,000 to buy them back. If ownership is disputed 
>> in court, the costs are considerably higher.
>>
>> Yet big advertisers like Verizon cannot afford to ignore the 
>> opportunists - so-called cybersquatters - who register variations of 
>> its trademark name online. As well as confusing people, fake sites 
>> can damage a company's brand in the eyes of their customers. Verizon 
>> estimates that at least 9m customers could have been lured away onto 
>> fake websites, had it not fought to take control.
>>
>> As a result, big brand owners are trying to ensure that Icann has 
>> procedures that will protect their rights when the onslaught begins - 
>> ways to get trademark-infringing sites taken down quickly, for example.
>>
>> However, these are proving controversial with other parts of the 
>> internet community, such as non-commercial groups, who are concerned 
>> that these would choke free speech online.
>>
>> "In Iran the protesters were able to communicate with the outside 
>> world because of proxy servers that allowed them to remain anonymous. 
>> But there are working groups within Icann working to prevent 
>> anonymous proxy servers because they might interfere with 
>> trademarks," says Robin Gross of IP Justice, an international civil 
>> liberties organisation.
>>
>> While tensions are high, few dispute that opening up the naming 
>> system is a necessary step to creating a more lasting foundation for 
>> the internet, and one that will benefit hundreds of millions of users.
>>
>> Fans of the expansion of domains say that it could make navigation of 
>> the internet easier. Looking for plumber.london might, arguably, give 
>> a clearer indication of what and where a business is, than many 
>> variations of A1plumbers.com.
>>
>> "We spend a lot of time and money trying to drive people to websites. 
>> Anything that makes it easier to find things on the web is a good 
>> thing," said Tom Eslinger of Saatchi & Saatchi, the advertising agency.
>>
>> Others add that the high costs of the new naming system will diminish 
>> over time. Nick Wood of Com Laude, a domain name management company 
>> which works for multinational clients such as Nestlé and AstraZeneca, 
>> says that while fees may be initially high, they will "inevitably" fall.
>>
>> "When dotcom domains first started to be sold in 1994 they cost $200. 
>> Now they can be registered for $6. That will happen for top level 
>> domains. When the registration falls to $18,000 or $9,000, many 
>> companies will want to apply," he says, adding that he is already 
>> aware of 54 companies in the UK and northern Europe alone that are 
>> interested in applying for their own domain name.
>>
>> Yet the last-minute efforts by large corporations to ensure the new 
>> naming system protects their interests have brought a wider backlash, 
>> exposing the deeper tensions inside Icann.
>>
>> A recent meeting of Icann in Sydney descended into full-blown 
>> conflict over the issue.
>>
>> "It was a very hostile environment - even for an Icann meeting, which 
>> is generally a hostile environment for [intellectual property] owners 
>> and representatives. We had people shouting at us, saying we were 
>> tyrants and blog postings comparing us to Ahmadi-Nejad," said 
>> Kristina Rosette of lawyers Covington & Burling, who were involved in 
>> drafting recommendations to Icann on trademark protection when the 
>> new domain names are released.
>>
>> Much now rests on the shoulders of Rod Beckstrom, Icann's new chief 
>> executive. A former cyber-security tsar at the US Department for 
>> Homeland Security, Mr Beckstrom has been striving for a neutral 
>> stance in his first days in office - though his comments have done 
>> little to calm the worries of corporations.
>>
>> "You can look at domainers in many ways. Some see them as 
>> cybersquatters, some look at them as entrepreneurs. I think there is 
>> a rich and healthy debate to be had," he says, adding, "There is no 
>> solution where everyone will get what they want."
>>
>> Trademark owners worry that such comments show Mr Beckstrom is not 
>> listening to their concerns.
>>
>> "There is definitely potential for a showdown between Icann and 
>> trademark owners," says Ms Rosette, who describes Mr Beckstrom's 
>> statements as "disconcerting". If Icann does not demonstrate that it 
>> genuinely intends to prevent abuse of trademarks, the two sides could 
>> end up in court, she warns. "It's no secret that there are trademark 
>> owners that would love to sue Icann for infringement."
>>
>> Public interest groups, on the other side, also warn that a damaging 
>> division may lie ahead. "If non-commercial users feel like our voices 
>> are not being heard at the meetings, we can't get people to 
>> participate in Icann," Ms Gross said.
>>
>> Ultimately, the danger for Icann - and for internet users around the 
>> world - is that these tensions could destroy the delicate consensus 
>> on which the global internet directory is founded. If Icann loses the 
>> confidence of countries that sign up to its system, that could even 
>> lead to rival naming systems emerging, breaking the online world into 
>> a series of fragmented networks.
>>
>> /Additional reporting by Abadesi Osunsade and Farah Halime/
>>
>> *Tug-of-war over cyber gatekeeper*
>>
>> There have been many calls to make Icann less tied to oversight by 
>> the US government.
>>
>> Founded in 1998, Icann is a not-for-profit organisation which is 
>> contracted by the US Department of Commerce to manage the world's 
>> internet domain names. Its founding documents contained the idea that 
>> over time it would become more globally influenced.
>>
>> The United Nations, the International Telecoms Union and countries 
>> such as China and Brazil have all questioned the influence of the US 
>> over Icann and thus the internet. Viviane Reding, the European 
>> Union's information society commissioner, has urged the US to 
>> transfer accountability of Icann to an international body.
>>
>> This September, a key contract between Icann and the US government 
>> expires and Icann plans to take a small step towards independence. 
>> But many are wary of Icann striking out on its own.
>>
>> People are sceptical of the idea that states such as Libya, North 
>> Korea and China should share oversight of Icann, as they want, says 
>> Nick Wood of Com Laude, a domain name manager. "The US government is 
>> the least horrible option." There is also worry that Icann could be 
>> overtaken by commercial interests, such as the registrars that sell 
>> internet names.
>>
>> US congressmen questioned Icann last month over whether it was doing 
>> enough to fight cybercrime, whether staff were overpaid, and whether 
>> a not-for-profit entity should be running a surplus of $7m (£4m, 
>> €5m), as it did last year.
>>
>> Copyright <http://www.ft.com/servicestools/help/copyright> The 
>> Financial Times Limited 2009
>>
>>
>>
>>
>>
>> IP JUSTICE
>> Robin Gross, Executive Director
>> 1192 Haight Street, San Francisco, CA  94117  USA
>> p: +1-415-553-6261    f: +1-415-462-6451
>> w: http://www.ipjustice.org     e: [log in to unmask] 
>> <mailto:[log in to unmask]>
>>
>>
>>
>
>
>
>
> IP JUSTICE
> Robin Gross, Executive Director
> 1192 Haight Street, San Francisco, CA  94117  USA
> p: +1-415-553-6261    f: +1-415-462-6451
> w: http://www.ipjustice.org     e: [log in to unmask] 
> <mailto:[log in to unmask]>
>
>
>

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