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Bloomberg / BNA story on ICANN's latest Applicant Guidebook
by Steve DelBianco Jan. 13, 2012

Jan. 13, 2012

The attached article came out today. NetChoice quotes are consistent with what BC has said about respecting Governments & GAC and concerns over lowering technical requirements for "needy" applicants. And below is NetChoice statement on opening of the application window, which was picked up in Ziff Davis PC Mag<http://www.pcmag.com/article2/0,2817,2398809,00.asp>, and Yahoo News<http://news.yahoo.com/proof-pudding-icanns-domain-expansion-netchoice-says-…>: The Proof is in the Pudding for ICANN’s Domain Expansion The plan to create new Internet domains could and should benefit Internet users and businesses, particularly those around the world who write in alphabets other than Latin. But ensuring that the benefits outweigh potential harms will depend entirely on what the Internet Corporation for Assigned Names and Numbers (ICANN) does next. “Today is a big day, but not nearly as big as what happens three months from now when ICANN starts selecting which domains to approve, and how to implement critical protections for users and businesses,” DelBianco said. “Even as it moves forward, ICANN must ensure that these new Internet domains are held to the highest possible standards of performance and integrity, so that users and registrants can realize the promised results.” NetChoice, an active participant in ICANN’s Business Constituency, believes that this expansion plan should proceed, but has urged ICANN to continue making improvements – even after the application deadline opens – to ensure users are protected. “ICANN has a great opportunity to prove wrong those critics who want to see this program scuttled or permanently delayed. But that will only happen if the organization remembers that protecting Internet users – and the Internet itself – is its top priority.” -- Steve DelBianco Executive Director NetChoice http://www.NetChoice.org and http://blog.netchoice.org +1.202.420.7482

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here's a GREAT piece by Cory Doctorow which touches on many of the issues we like to discuss
by Mike O'Connor Jan. 13, 2012

Jan. 13, 2012

hi all, this is a great thought-provoker piece -- kindof a unified field theory of why things like SOPA and IP protection strategies in general don't work. it'll make some of you cranky, and i'd really like to have a discussion about those points. http://boingboing.net/2012/01/10/lockdown.html here's a teaser: > General-purpose computers are astounding. They're so astounding that our society still struggles to come to grips with them, what they're for, how to accommodate them, and how to cope with them. This brings us back to something you might be sick of reading about: copyright. > > But bear with me, because this is about something more important. The shape of the copyright wars clues us into an upcoming fight over the destiny of the general-purpose computer itself. > > In the beginning, we had packaged software and we had sneakernet. We had floppy disks in ziplock bags, in cardboard boxes, hung on pegs in shops, and sold like candy bars and magazines. They were eminently susceptible to duplication, were duplicated quickly, and widely, and this was to the great chagrin of people who made and sold software. > > Enter Digital Rights Management in its most primitive forms: let's call it DRM 0.96. They introduced physical indicia which the software checked for—deliberate damage, dongles, hidden sectors—and challenge-response protocols that required possession of large, unwieldy manuals that were difficult to copy. > > These failed for two reasons. First, they were commercially unpopular, because they reduced the usefulness of the software to the legitimate purchasers. Honest buyers resented the non-functionality of their backups, they hated the loss of scarce ports to the authentication dongles, and they chafed at the inconvenience of having to lug around large manuals when they wanted to run their software. Second, these didn't stop pirates, who found it trivial to patch the software and bypass authentication. People who took the software without paying for it were untouched. > > Typically, the way this happened is a programmer, with possession of technology and expertise of equivalent sophistication to the software vendor itself, would reverse-engineer the software and circulate cracked versions. While this sounds highly specialized, it really wasn't. Figuring out what recalcitrant programs were doing and routing around media defects were core skills for computer programmers, especially in the era of fragile floppy disks and the rough-and-ready early days of software development. Anti-copying strategies only became more fraught as networks spread; once we had bulletin boards, online services, USENET newsgroups and mailing lists, the expertise of people who figured out how to defeat these authentication systems could be packaged up in software as little crack files. As network capacity increased, the cracked disk images or executables themselves could be spread on their own. > > This gave us DRM 1.0. By 1996, it became clear to everyone in the halls of power that there was something important about to happen. We were about to have an information economy, whatever the Hell that was. They assumed it meant an economy where we bought and sold information. Information technology improves efficiency, so imagine the markets that an information economy would have! You could buy a book for a day, you could sell the right to watch the movie for a Euro, and then you could rent out the pause button for a penny per second. You could sell movies for one price in one country, at another price in another, and so on. The fantasies of those days were like a boring science fiction adaptation of the Old Testament Book of Numbers, a tedious enumeration of every permutation of things people do with information—and what might be charged for each. > > Unfortunately for them, none of this would be possible unless they could control how people use their computers and the files we transfer to them. After all, it was easy to talk about selling someone a tune to download to their MP3 player, but not so easy to talk about the the right to move music from the player to another device. But how the Hell could you stop that once you'd given them the file? In order to do so, you needed to figure out how to stop computers from running certain programs and inspecting certain files and processes. For example, you could encrypt the file, and then require the user to run a program that only unlocked the file under certain circumstances. > > But, as they say on the Internet, now you have two problems. > > You must now also stop the user from saving the file while it's unencrypted—which must happen eventually— and you must stop the user from figuring out where the unlocking program stores its keys, enabling them to permanently decrypt the media and ditch the stupid player app entirely. > > Now you have three problems: you must stop the users who figure out how to decrypt from sharing it with other users. Now you've got four problems, because you must stop the users who figure out how to extract secrets from unlocking programs from telling other users how to do it too. And now you've got five problems, because you must stop users who figure out how to extract these secrets from telling other users what the secrets were! > > That's a lot of problems. But by 1996, we had a solution. We had the WIPO Copyright Treaty, passed by the United Nations World Intellectual Property Organization. This created laws that made it illegal to extract secrets from unlocking programs, and it created laws that made it illegal to extract media (such as songs and movies) from the unlocking programs while they were running. It created laws that made it illegal to tell people how to extract secrets from unlocking programs, and it created laws that made it illegal to host copyrighted works or the secrets. It also established a handy streamlined process that let you remove stuff from the Internet without having to screw around with lawyers, and judges, and all that crap. > > And with that, illegal copying ended forever, the information economy blossomed into a beautiful flower that brought prosperity to the whole wide world; as they say on the aircraft carriers, "Mission Accomplished". > > That's not how the story ends, of course, because pretty much anyone who understood computers and networks understood that these laws would create more problems than they could possibly solve. After all, these laws made it illegal to look inside your computer when it was running certain programs. They made it illegal to tell people what you found when you looked inside your computer, and they made it easy to censor material on the internet without having to prove that anything wrong had happened. > > In short, they made unrealistic demands on reality and reality did not oblige them. > the article goes on to cover a bunch of stuff from there. enjoy. mikey - - - - - - - - - phone 651-647-6109 fax 866-280-2356 web http://www.haven2.com handle OConnorStP (ID for public places like Twitter, Facebook, Google, etc.)

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Posting the list of "improvements" to the new gTLD program to the BC public list
by Marilyn Cade Jan. 11, 2012

Jan. 11, 2012

Two members asked to have this list posted to the bc-GNSO list. Thus, I am posting it, but you already received it via bc-private, so you can disregard this. It is a copy of the list provided for the BC call. Bene will also put it on the BC WIKI, and as she and I finalize the grid/excel version, we will get that posted to members. As noted in the earlier email, I am targeting providing it to the ExComm for a sanity check on readability and undertandabiilty for members comments on the document, and then posting to the bc-GNSO list. Just a reminder that you will have the transcript from Bene, our Secretariat in a few days, or sooner, as well, as a memory supplement, or if someone in your company missed the call and you want to engage with them on the discussions. Marilyn Cade

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FW: [Bc-private] URGENT -- attachment for one of our discussion topics on BC Call
by icann＠rodenbaugh.com Jan. 10, 2012

Jan. 10, 2012

Marilyn, thanks for compiling this list. Can you or other proponents of these proposals please provide more clarity re items 5, 6 and 8? Re no. 5, is this referring to our past position, calling for lowering of a successful score in the Community Priority Evaluation from 14 points to 13 or 12 points? If so, we should just state that again. If not, then please explain what exactly you hope to review and for what purpose. Re no. 6, what specific harm do you seek to address, and what suggestions for improvement are proposed? Nearly every dictionary word is someone's trademark. Re no. 8, who actually supports this proposal? How would you propose it would work in practice, where nearly every dictionary word is someone's trademark? Interesting inclusion of the phrase "or include the identical trademark match name", that would give extremely powerful rights to anyone with a dictionary word, or an acronym, as a trademark. ING comes to mind immediately. Also interesting to mention 'reserve names which meet certain criteria', could you elaborate as to what sorts of criteria you are considering, in order for a trademark owner to achieve this new blocking right, as opposed to all other trademark owners who might want the same right? Until there is some further clarity and specific agreement of the BC per our Charter, those "proposals" should be removed from the list of suggested improvements. Otherwise the recommendations are consistent with prior agreed BC positions. Thanks, Mike Mike Rodenbaugh RODENBAUGH LAW tel/fax: +1.415.738.8087 http://rodenbaugh.com From: bc-private-bounces(a)icann.org [mailto:bc-private-bounces@icann.org] On Behalf Of Marilyn Cade Sent: Tuesday, January 10, 2012 7:17 AM To: bc-private icann.org Subject: [Bc-private] URGENT -- attachment for one of our discussion topics on BC Call DEAR MEMBERS As noted in the agenda that our Secretariat distributed, and committed in earlier emails, I compiled a list of the various improvements to the new gTLD program -- some are taken from the earlier draft letter that was the topic of discussion from mid Dec into January; and others are from conversations and inputs from some members. On today's call, we will discuss these items, and add any new ones that members want to also discuss. We will then circulate the list in a format that allows insert of individual views per topic from members via email. We have a good amount of work ahead of us. We are working together in good faith, and I trust, in a calm and professional tone. Marilyn Cade BC Chair

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IAG
by Zahid Jamil Jan. 10, 2012

Jan. 10, 2012

http://www.icann.org/en/announcements/announcement-26oct11-en.htm Sincerely, Zahid Jamil Barrister-at-law Jamil & Jamil Barristers-at-law 219-221 Central Hotel Annexe Merewether Road, Karachi. Pakistan Cell: +923008238230 Tel: +92 21 35680760 / 35685276 / 35655025 Fax: +92 21 35655026 <http://www.jamilandjamil.com/> www.jamilandjamil.com Notice / Disclaimer This message contains confidential information and its contents are being communicated only for the intended recipients . If you are not the intended recipient you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this message by mistake and delete it from your system. The contents above may contain/are the intellectual property of DNDRC, and constitute privileged information protected by attorney client privilege. The reproduction, publication, use, amendment, modification of any kind whatsoever of any part or parts (including photocopying or storing it in any medium by electronic means whether or not transiently or incidentally or some other use of this communication) without prior written permission and consent of DNDRC is prohibited.

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An Approach to Outreach - link to webinar
by Chris Chaplow Jan. 10, 2012

Jan. 10, 2012

Link to webinar An Approach to Outreach 13 Dec 2011 by Kurt Pritz The link is: http://icann.adobeconnect.com/p28i5cjuxme/ Chris Chaplow Managing Director Andalucia.com S.L. Avenida del Carmen 9 Ed. Puertosol, Puerto Deportivo 1ª Planta, Oficina 30 Estepona, 29680 Malaga, Spain Tel: + (34) 952 897 865 Fax: + (34) 952 897 874 E-mail: <mailto:chris@andalucia.com> chris(a)andalucia.com Web: <http://www.andalucia.com/> www.andalucia.com Information about Andalucia, Spain.

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WHOIS RT Draft Report Comments
by Smith, Bill Jan. 10, 2012

Jan. 10, 2012

It would be beneficial to have BC comments on the WHOIST RT Draft report well in advance of the Costa Rica meeting so that the Review Team can digest submitted comments and weigh them with other comments that are received.

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FYI -- Mikey show-and-tell -- Notification -- DSSA selects NIST 800-30 methodology
by Mike O'Connor Jan. 10, 2012

Jan. 10, 2012

Hi all, this is sortof a "what Mikey's been doing at summer-camp" type note that I sent to Stephane yesterday. that's the reason that capital letters and correct punctuation have crept in… i thought some of y'all might be interested in this little slide deck too. feel free to push it along to anybody else you think might like to see it. mikey - - - - - - - Dear Stephane, While the DSSA plans to provide a complete update on our progress at the Costa Rica meeting, we the co-chairs thought that you, and the rest of the Council, might want to be notified separately about a significant "process" decision that we made while doing our work so far. We decided to look for pre-built methods for conducting a risk assessment -- partly because a risk-assessment is what we have been tasked to do and partly because we felt that using pre-defined methods might save us time and improve the quality of our work-product. We're pleased to inform you that we've found a methodology that fits our needs well, is available at no charge and will most assuredly be supported for some time to come -- NIST 800-30. We've attached a very short slide deck that gives a broad overview of the methodology for your review. Please don't hesitate to contact any of us if you have questions or would like to learn more. Thanks, DSSA co-chairs and staff - - - - - - - - - phone 651-647-6109 fax 866-280-2356 web http://www.haven2.com handle OConnorStP (ID for public places like Twitter, Facebook, Google, etc.)

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Policy calendar for 10-Nov-2011 BC member call
by Steve DelBianco Jan. 9, 2012

Jan. 9, 2012

Here is the latest BC policy calendar, for use during 10-Nov-2011 BC member call. Channel 1. BC participation in ICANN Public Comment process: ICANN Public Comment page is at http://www.icann.org/en/public-comment/ 1. Case studies on TLD variant issues for six IDN scripts (14-Nov) 2. Draft 2012-2015 Strategic Plan (17-Nov) 3. Draft final report on Internationalized Registration Data (17-Nov) 4. Framework for consent in delegation and re-delegation of ccTLDs (1-Dec) 5. Registries' proposal for Continued Operations Fund in new gTLD program (2-Dec) 6. Revision to ICANN Bylaws to adopt new GNSO policy development process (5-Dec) 7. IDN ccNSO WG draft final report on adding IDN ccTLDs to ccNSO (15-Dec) 8. Final report on Support for gTLD Applicants from developing economies (16-Dec) 9. .Asia proposal for 1 and 2-character domain allocations (16-Dec) 10. Recommendations to modify Geographic Regions (19-Dec) Note: BC members are encouraged to submit individual / company comments. Based on member interest, the BC selects topics on which to submit official positions. Channel 2. Support for discussion and votes of our representatives on GNSO Council GNSO Project Status available at https://www.icann.org/en/processes/gnso/current-issues.html Agenda<https://community.icann.org/display/gnsocouncilmeetings/agenda+17+November+…> and motions<https://community.icann.org/display/gnsocouncilmeetings/Motions+17+November…> for 17-Nov GNSO Council teleconference. Item 3: Motion 1 to approve Charter for Outreach Task Force. (deferred from Dakar). Marilyn has proposed a substitute motion (attached) Item 4: UDRP Motion 2 from Mary Wong, to begin a PDP on the UDRP and create a Working Group on UDRP review. alt. Motion 3 from Jeff Neuman to begin a PDP on IRTP recc 7 (domain locks), and to request an issues report on UDRP and URS no later than 18 months after delegation of first new gTLD. Item 5: report of drafting team on Open Council Meetings (John Berard) Item 6: Discuss Dakar Board resolution<http://www.icann.org/en/minutes/resolutions-28oct11-en.htm#7> on amending the RAA, incl: Resolved, the ICANN Board directs negotiations to commence immediately, resulting in proposed amendments to be provided for consideration at ICANN's meeting in Costa Rica in March 2012. Resolved,, the subject of the negotiations should include law enforcement and GNSO working group recommendations as well as other topics that would advance the twin goals of registrant protection and DNS stability. Resolved, the Board also requests the creation of an Issue Report to undertake a GNSO policy development process (PDP) as quickly as possible to address remaining items suited for a PDP. Item 7: discuss Best Practices to address abusive domain registrations (paper<http://gnso.icann.org/issues/rap/discussion-paper-rap-best-practices-28sep1…>) Item 8: discuss cross-TLD registration scam and domain kiting Channel 3. Supporting discussion and voting on policy matters before the Commercial Stakeholders Group (CSG) Ron Andruff, CSG Liaison, and Marilyn Cade (alt) Channel 4. BC statements and responses during public meetings (outreach events, public forum, etc.) Affirmation review team for Whois (Susan Kawaguchi, Lynn Goodendorf, Bill Smith) Affirmation review team for SSR (Security, Stability, & Reslience) (Jeff Brueggeman)

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Fw: Invitation to ICANN gTLD event in Washington, Wednesday January 11
by Marilyn Cade Jan. 9, 2012

Jan. 9, 2012

Dear BC Members I have just received this invitation, and am posting to the BC's list, for members located in DC area. My apologies that we were unaware of this ahead of time. There is also a CSIS speech by Rod Beckstrom the day before. I will forward any details when and if I can sleuth them out. In the meantime,the BC has a call at 11 am EST Tuesday. Let's try to focus on what we can do to advance the organized input to ICANN. I am told that ICANN wants to do similar events in NY and W.Coast. More to come on that as I learn more. RSVPs re the ICANN event for gTLD as noted on attached for Jan 11 event. Sent via BlackBerry by AT&T -----Original Message----- From: Robertson Andrew <Andrew.Robertson(a)edelman.com> Date: Mon, 9 Jan 2012 18:53:00 Subject: Invitation to ICANN gTLD event in Washington, Wednesday January 11 ICANN would like to invite you to a panel discussion relating to new gTLDs on Wednesday. Please see the invitation below for full details. If you would like to attend, please RSVP to me. Best Regards, Andrew Robertson ICANNlogoGradient Join ICANN for a discussion on the Next Big .thing New Top-Level Domains and the Expanding Global Internet About This Event On January 12th, ICANN, the Internet Corporation for Assigned Names and Numbers, will open a process that could trigger a dramatic expansion of the Internet and launch a new era of online innovation. We are familiar with .com, .org, .net, among the roughly two dozen generic top-level domains currently occupying the Internet's addressing system. Hundreds, possibly thousands of new gTLDs , could be moving in within a year. The program is not without risks and not for everyone. Understanding the marketing opportunities, the application process, and the program's built-in trademark protections is important even if a new gTLD is not for you. Join ICANN for an informational panel discussion that will focus on: * The post-application launch timeline and process * Potential marketing opportunities * Trademark Protections & Dispute Resolution The panelist also will take questions from the audience. Panel discussion details: Moderator: Naseem Javed, ABC Namebank Panelists: * Rod Beckstrom, President and CEO, ICANN * Roland LaPlante, Senior VP and CMO, Affilias * Kristina Rosette, Special Counsel, Covington & Burling Event details: Date: Wednesday, Jan. 11 Time: 9 am - 10:30am Place: Newseum Knight Conference Center, Rms 705/706 555 Pennsylvania Avenue NW Washington DC 20001 RSVP: andrew.robertson(a)edelman.com <mailto:andrew.robertson@edelman.com> Phone Number: 888/NEWSEUM (888/639-7386) Directions: http://www.newseum.org/plan-your-visit/directions/index.html About ICANN: To reach another person on the Internet, you have to type an address into your computer - a name or a number. That address has to be unique so computers know where to find each other. ICANN coordinates these unique identifiers across the world. Without that coordination, we wouldn't have one global Internet. ICANN was formed in 1998. It is a not-for-profit public-benefit corporation with participants from all over the world dedicated to keeping the Internet secure, stable and interoperable. It promotes competition and develops policy on the Internet's unique identifiers. ICANN doesn't control content on the Internet. It cannot stop spam and it doesn't deal with access to the Internet. But through its coordination role of the Internet's naming system, it does have an important impact on the expansion and evolution of the Internet. Andrew Robertson . Account Director . Edelman Southside, 105 Victoria Street, London SW1E 6QT, United Kingdom t: +44 (0)20 3047 2302 | m: +44(0)7811 341 945 | w: www.edelman.co.uk <http://www.edelman.co.uk/> tw:@andyrobertson Edelman is the world's largest independent PR company with over 3,200 people in 52 offices. PR Week Consultancy of the Year cid:image003.jpg@01CAC6AD.00012F80 cid:image004.png@01CAC6AD.391AF3F0 ---------------- Daniel J Edelman Ltd a company registered in England with company number 924113 and its registered office at Southside, 105 Victoria Street, London SW1E 6QT, United Kingdom

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