July 2009 - At-Large - lists.icann.org

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by ajh ajh July 18, 2009

July 18, 2009

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ALAC Statement on the Proposals for Systemization of Organizational Reviews Processes - comments requested
by At Large Staff July 18, 2009

July 18, 2009

Dear All, On the request of the ALAC Chair, we are sending out a request for comment on the Statement of the ALAC on the Public Consultation on the Proposals for Systemization of Organizational Reviews Processes (see: https://st.icann.org/alac-docs/index.cgi?statement_on_systemization_of_organ isational_reviews_al_alac_st_0709_3). Although the public comment period for this issue closed on 8 July (see: http://www.icann.org/en/public-comment/#review-processes) the comments and suggestions from the At-Large community are seen as an integral contribution to the ALAC Statement and will be communicated to the ICANN Board. Please add your comments and suggestions by Friday, 31 July directly to the wiki page by clicking on the red comment button. Regards, Nick Ashton-Hart, Heidi Ullrich, Matthias Langenegger, Gisella Gruber-White, Marie-Helene Bouchoms ICANN At-Large Staff email: staff(a)atlarge.icann.org

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Bit that went out after NY and London
by Seth Johnson July 17, 2009

July 17, 2009

Sent the following comments out shortly after the New York and London sessions: Hi all -- I found odd 1) the Implementation Recommendations Team's presenting of recommendations without taking up the impact they would have on established legal trademark traditions, and 2) that ICANN had chosen to set up a panel constituted of representatives of large trademark interests -- after a more participatory process had already been conducted within ICANN's Generic Names Supporting Organizations policymaking process. In the following video you can see the response I got to the above questions: > http://www.youtube.com/watch?v=RfQrLVeFwcE Here are Kathy Kleiman's comments for the Non-Commercial Users Constituency (NCUC): > http://www.youtube.com/watch?v=AgUC869bTVM You can find more videos here (including Jay Sulzberger and Phil Corwin so far): > http://www.isoc-ny.org/?p=769 This page from the NCUC describes quite clearly what's happening in terms of how the decision process has been conducted and constituted: > http://ipjustice.org/ICANN/NCSG/NCUC-ICANN-Injustices.html They are proposing to set up: An IP Clearing House A Globally Protected Marks list A Uniform Rapid Suspension System A Post-Delegation Dispute Resolution Mechanism Rebecca MacKinnon and Graham Chenoweth describe the issue of prior restraint on free speech associated with this proposal here: > http://rconversation.blogs.com/rconversation/2009/07/icann-and-free-speech.… > http://www.circleid.com/posts/20090621_mahmoud_ahmadinejad_globally_protect… You'll find the slides from the IRT's presentation here: > http://www.icann.org/en/topics/new-gtlds/presentation-irt-13jul09-en.pdf ISOC's Public Interest Registry had this to say: > http://www.circleid.com/posts/comments_on_icanns_irt_final_report/ "We believe the Final Report puts too much emphasis on obliging registries to enforce trademark rights, in place of requiring ICANN to devote more resources to enforcing its contracts with registrars. We also believe that ICANN already has the legal tools to deal with the admittedly rare instances where a registry is in business to profit from trademark infringement. Adding a new legal process and giving rights to outsiders who are not parties to the ICANN-registry agreements is likely to increase litigation and its expense for all concerned. It is not likely to deal effectively with the real problems of cybersquatting." Two commentaries from Saul Hansell on the New York Times blog: The Best Internet Addresses Will Cost a Cool .Million > http://bits.blogs.nytimes.com/2009/07/14/the-best-internet-addresses-will-c… Brokering Peace Between Brand Owners and Domainers > http://bits.blogs.nytimes.com/2009/07/14/brokering-peace-between-brand-owne… This is the overview/announcement for these meetings: > http://www.icann.org/en/topics/new-gtlds/consultation-outreach-en.htm There are two more, in Tokyo and Abu Dhabi, in the next couple of weeks. Have only heard dribs from the London meet so far. Seth Johnson David Farber wrote: > > Begin forwarded message: > > From: Seth Johnson <seth.johnson(a)RealMeasures.dyndns.org> > Date: July 9, 2009 6:09:28 PM EDT > To: dave(a)farber.net > Subject: NY-ers Needed to Stop Trademark Abuse at ICANN > Reply-To: seth.johnson(a)RealMeasures.dyndns.org > > Hi Dave -- anybody in New York who wants to call out the ICANN's > "Implementation Recommendation Team" for their attempt provide tools > for abusing trademark while they roll out the new Global Top Level > Domains, needs to REGISTER BY TOMORROW here: > > > http://www.registration123.com/ICANN/GTLD/ > > And then show up THIS MONDAY (sorry for the shouting, but those are > the key terms in this message) at the Millenium Hotel, 145 West 44th > Street. > > See the blurb below my signature from Kathy Kleiman, among those who > have been there from the inception of ICANN and watching out for all > of us. > > (Others in other cities, check out the schedule of meetings and get > ready -- they are hitting several cities in a rapid fire fashion this > month.) > > The MPAA and International Trademark Association have had a hand in > ICANN from its inception, when they prevailed in establishing the > Uniform Dispute Resolution Policy. Now, along with rolling out new > global Top Level Domains, trademark holders are ramming through a new > process that goes well beyond that. They are pulling out the stops to > get ICANN to implement what will in practical terms amount to a huge > revision in the nature of trademark, backed by strong action on the > part of ICANN. Along with a new "Uniform Rapid Suspension System" to > shut down sites quickly, they are establishing ICANN as playing the > role of policing trademarks -- which by law is the trademark holders' > responsibility. > > Domain names don't match up with trademark law -- DNS is about giving > symbols one universal address. Language is not. You don't trademark > "Apple" -- you reserve the use of that trademark to market a > particular kind of goods or service. Thus we have Apple Computers and > The Beatles' Apple music company. Or Sun Oil in Canada, a completely > separate company from Sun Oil in America -- and certainly not the same > as the Sun computing company. And trademark is also subject to fair > use and of course free speech. > > While of course this becomes a tool for draconian action in the area > of domain names, it also sets the stage for a major revision in the > basic conception of trademark policy, allowing this to extend further. > > Seth Johnson > (Random Internet Activist) > > ICANN Public Consultation: Should New Top Level Domains Include Broad > New Trademark Protections? > > On Mon, July 13, the Internet Corporation for Assigned Names and > Numbers (ICANN) will hold a public consultation at the Hudson > Theatre, Millennium Hotel, 145 West 44th Street, to discuss the > "rules of the road" for new generic top level domains (gTLDs), future > competitors to .COM, .ORG and .NET. > > A group of trademark attorneys, representing large brand owners, in > May wrote a report calling on ICANN to create broad new trademark > protections before opening up new gTLDs. > > A. IP Clearinghouse: a massive database of registered and > unregistered trademark rights created by ICANN (IRT > Report, pp. 12-16 > > B. Globally Protected Marks List: a list of global marks > created and maintained by ICANN (IRT Report, pp. 16- > 22) > > C. Uniform Rapid Suspension System (URS): A ultra-fast > takedown service with little notice or time to respond > by domain name registrants (IRT, pp. 25-37) > > These proposals have been criticized as outside the mission and scope > of ICANN, a technical body, and outside the protections and limits > of trademark law. ICANN's Noncommercial Users Constituency writes "We > fear the impact of the IRT Proposals on free speech and fair use > online. Trademark owners don't own strings of letters, they have a > trademark for specific goods and services. Basic words like APPLE, > TIDE, SUN and TIME belong to all of us. Many important domain names > will be lost, or worse, blocked before they can be registered." > > Approval of the IRT Report is being rushed through ICANN with minimal > opportunity to comment. It is vital that ICANN hear comment as soon > as possible, and Monday is an opportunity to speak. > > ICANN's Noncommercial Users Constituency will be hosting a breakfast > at the Millennium Hotel on Monday morning. Please contact NCUC > Co-Founder Kathy Kleiman, kathy(a)kathykleiman.com > <mailto:kathy@kathykleiman.com>, for more details. > > Registration to speak on 7/13 at this link (deadline 7/10): > http://www.registration123.com/ICANN/GTLD/ > > IRT Report: > http://www.icann.org/en/announcements/announcement-4-29may09-en.htm > > IP Justice Comments: > http://forum.icann.org/lists/irt-final-report/msg00210.html > > EFF Australia Comments: > http://forum.icann.org/lists/irt-final-report/msg00179.html > > Noncommercial Users Constituency Website with comments: > http://icann-ncuc.ning.com/

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Weekly posting summary for alac@atlarge-lists.icann.org
by Thomas Narten July 17, 2009

July 17, 2009

Total of 25 messages in the last 7 days. script run at: Fri Jul 17 00:53:02 EDT 2009 Messages | Bytes | Who --------+------+--------+----------+------------------------ 4.00% | 1 | 53.68% | 189967 | vanda at uol.com.br 16.00% | 4 | 6.62% | 23427 | jmamodio at gmail.com 12.00% | 3 | 7.03% | 24875 | ocl at gih.com 8.00% | 2 | 4.67% | 16522 | elisabeth.porteneuve at cetp.ipsl.fr 8.00% | 2 | 3.95% | 13977 | karl at cavebear.com 8.00% | 2 | 3.72% | 13172 | carlton.samuels at uwimona.edu.jm 8.00% | 2 | 3.70% | 13101 | michele at blacknight.ie 4.00% | 1 | 2.35% | 8313 | hongxueipr at gmail.com 4.00% | 1 | 2.15% | 7600 | iza at anr.org 4.00% | 1 | 1.97% | 6961 | cheryl at hovtek.com.au 4.00% | 1 | 1.91% | 6777 | joly at punkcast.com 4.00% | 1 | 1.91% | 6777 | andrespiazzagpj at hotmail.com 4.00% | 1 | 1.69% | 5995 | ross at tucows.com 4.00% | 1 | 1.69% | 5973 | narten at us.ibm.com 4.00% | 1 | 1.56% | 5529 | johnl at iecc.com 4.00% | 1 | 1.39% | 4927 | derek at aa419.org --------+------+--------+----------+------------------------ 100.00% | 25 |100.00% | 353893 | Total

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FW: ALAC Statement on 2nd Interim Report of the Board Review WG
by Vanda Scartezini July 17, 2009

July 17, 2009

Dear all Attached you will find the statement on 2nd interim report of the board review working group. Even the comment period is already closed, we believe it is important to have the comments and suggestion from all members, since there will be always room to add any relevant comment to the board. Thanks for your comments. Sorry not have yet translations. Best to all, Vanda Scartezini POLO Consultores Associados & IT Trend Alameda Santos 1470 cjs 1407/8 01418-903 Sao Paulo,SP. Fone + 55 11 3266.6253 Mob + 5511 8181.1464

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Unethical domain reseller again
by Derek Smythe July 16, 2009

July 16, 2009

Hi All A domain scam attempt sent to an anti-scam website :) http://www.bobbear.co.uk/worldwide-network.html I thought this nonsense was resolved some time ago, but apparently not. I wonder if Godaddy will tolerate this type of behavior from parties abusing their hosting? I wonder if they actually do sell domains, and if so via which ICANN accredited registrar? Or do they just take your money and run? Other hits on the same scam attempts include: http://blog.commtouch.com/cafe/spam-favorites/is-raymond-marcus-buying-your… http://www.eset.com/threat-center/blog/?p=648 http://www.norman.com/security_center/blog/righard_zwienenberg/67146/es http://www.norman.com/security_center/blog/righard_zwienenberg/67154/en However digging deeper shows a name change and even more history of this type of abuse. Take a guess what will happen with all the new gTLD's coming along? How long before ICANN will receive a spam scam regarding some fictitious character trying to register icann.whatever? Operators with these unscrupulous ethics do not belong anywhere near a domain reseller account. Regards Derek

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Re: [At-Large] [GTLD-WG] IRT working group report
by Elisabeth Porteneuve July 15, 2009

July 15, 2009

Hello, Re: NYTimes Saul Hansell articlle, and its reference to the Treaty of Versailles. Why IPR regarding domain names should be *forever*, unlimited? The situation at pharmaceutical industry is much more sane, when patents expire after 20 years or so. The Treaty of Versailles rule regarding aspirin and other medecine trade mark should apply today to absolutely every other mark - after 20 years or so, in line with patent protection, the trademark word shall became for everyone usage. I may understand that company name shall be protected as long as company is running, but not products, not words we use everyday. I think also that all IPR system related to films or music must be revisited - today the rights are practically unlimited in time, nobody ever seen anything going back to public commons after 70 or 95 years. The Internet is being used by labels to reinforce their positions. The label revenues are revenues of IP lawyers. "The Internet is for everyone", remember? "Don't screw up our Internet" (the message from children to Vint Cerf), remember? Elisabeth Porteneuve ----- Original Message ----- From: "Olivier MJ Crepin-Leblond" <ocl(a)gih.com> To: "At-Large Worldwide" <at-large(a)atlarge-lists.icann.org> Sent: Wednesday, July 15, 2009 10:42 AM Subject: Re: [At-Large] [GTLD-WG] IRT working group report > Thank you, Joly! > > Hello from the floor here at RIBA. They've implemented a WIFI network, and > I can receive questions/comments (if you have any) and relay them to the > panel. > > I'm sitting by John Levine (writer of "Internet for Dummies") & behind > Konstantinos Komaitis (NCUC's representative here). I had breakfast with > Dr. Komaitis & Richard Tindall (DemandMedia) earlier on, to look for > satisfying solutions for everyone. > > Kind regards, > > O. > > ----- Original Message ----- > From: "WWWhatsup" <joly(a)punkcast.com> > To: "At-Large Worldwide" <at-large(a)atlarge-lists.icann.org> > Sent: Wednesday, July 15, 2009 8:02 AM > Subject: Re: [At-Large] [GTLD-WG] IRT working group report > > >> At 05:06 AM 7/3/2009, Olivier MJ Crepin-Leblond wrote: >>>I've registered for the London event to take place on 15th July ( >>>http://www.icann.org/en/announcements/announcement-12jun09-en.htm ) >>>and will essentially be defending this line: it is outside ICANN's >>>mandate. >>>Anyone else planning to be in London? >>> >>>Olivier >> >> >> Good luck Olivier! >> >> >> I note that remote participation is available via >> https://admin.na3.acrobat.com/_a819976787/outreach >> >> >> Agenda: >> http://www.icann.org/en/topics/new-gtlds/london-agenda-speakers-15jul09-en.… >> >> >> >> >> === >> >> The ALAC / NCUC >> >> Joint Statement on the IRT Report >> >> https://st.icann.org/gnso-liaison/index.cgi?joint_statement_on_the_irt_repo… >> >> >> A bit of reaction from the NYC session: >> >> NY Times articles: >> http://bits.blogs.nytimes.com/2009/07/14/the-best-internet-addresses-will-c… >> >> http://bits.blogs.nytimes.com/2009/07/14/brokering-peace-between-brand-owne… >> >> A long think piece from Rebecca Mckinnon supporting NCUC positions >> http://rconversation.blogs.com/rconversation/2009/07/icann-and-free-speech.… >> >> An essay, quoted in the above, that suggests the Global Protected Marks >> List involves prior restraint of free speech >> http://www.circleid.com/posts/20090621_mahmoud_ahmadinejad_globally_protect… >> >> and finally, ISOC's own Public Interest Registry's comments >> http://www.circleid.com/posts/comments_on_icanns_irt_final_report/ >> >> I quote from the latter: >> >> >>>We believe the Final Report puts too much emphasis on obliging >>>registries to enforce trademark rights, in place of requiring ICANN >>>to devote more resources to enforcing its contracts with registrars. >>>We also believe that ICANN already has the legal tools to deal with >>>the admittedly rare instances where a registry is in business to >>>profit from trademark infringement. Adding a new legal process and >>>giving rights to outsiders who are not parties to the ICANN-registry >>>agreements is likely to increase litigation and its expense for all >>>concerned. It is not likely to deal effectively with the real >>>problems of cybersquatting. >> >> >> >> >> >> >> >> >> Joly MacFie >> 212 608 1334 >> http://wwwhatsup.com >> http://punkcast.com >> http://pinstand.com >> >> >> _______________________________________________ >> At-Large mailing list >> At-Large(a)atlarge-lists.icann.org >> http://atlarge-lists.icann.org/mailman/listinfo/at-large_atlarge-lists.ican… >> >> At-Large Official Site: http://atlarge.icann.org

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IRT working group report
by Patrick Vande Walle July 15, 2009

July 15, 2009

FYI. The IRT working group has published its final report, basically ignoring all the concerns expressed by the At-Large community: http://www.icann.org/en/announcements/announcement-4-29may09-en.htm Patrick

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Beckstrom on ICANN's location
by Carlton Samuels July 12, 2009

July 12, 2009

It appears he's coming out swinging...as carried by the self-described newspaper of record, the NYT..... http://www.nytimes.com/2009/07/13/technology/internet/13iht-icann13.html?hpw Carlton Samuels

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Weekly posting summary for alac@atlarge-lists.icann.org
by Thomas Narten July 10, 2009

July 10, 2009

Total of 21 messages in the last 7 days. script run at: Fri Jul 10 00:53:02 EDT 2009 Messages | Bytes | Who --------+------+--------+----------+------------------------ 28.57% | 6 | 27.24% | 52388 | isolatedn at gmail.com 14.29% | 3 | 7.88% | 15151 | ala37mx at yahoo.com.mx 9.52% | 2 | 9.78% | 18810 | andrespiazzagpj at hotmail.com 9.52% | 2 | 8.26% | 15875 | sylvia at prontocl.com.br 4.76% | 1 | 10.16% | 19531 | vanda at uol.com.br 4.76% | 1 | 9.18% | 17647 | beaubrendler at earthlink.net 4.76% | 1 | 6.13% | 11790 | ocl at gih.com 4.76% | 1 | 5.52% | 10620 | iza at anr.org 4.76% | 1 | 4.84% | 9302 | langdonorr at gmail.com 4.76% | 1 | 4.13% | 7933 | wendy at seltzer.com 4.76% | 1 | 4.04% | 7759 | danielmonastersky at gmail.com 4.76% | 1 | 2.85% | 5479 | narten at us.ibm.com --------+------+--------+----------+------------------------ 100.00% | 21 |100.00% | 192285 | Total

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