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FW: European Commission to Push for Global Internet Governance - WSJ.com
by Phil Corwin Feb. 12, 2014

Feb. 12, 2014

FYI--- Subject: European Commission to Push for Global Internet Governance - WSJ.com http://online.wsj.com/news/article_email/SB10001424052702304104504579377061… Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/Cell Twitter: @VLawDC "Luck is the residue of design" -- Branch Rickey Sent from my iPad ----- No virus found in this message. Checked by AVG - www.avg.com Version: 2013.0.3462 / Virus Database: 3697/7069 - Release Date: 02/06/14

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FW: GoDaddy.com Loses Motion to Recuse 'The Academy's Judge'
by Phil Corwin Feb. 11, 2014

Feb. 11, 2014

FYI-very high profile cybersquatting case against Go Daddy... Subject: GoDaddy.com Loses Motion to Recuse 'The Academy's Judge' http://www.nationallawjournal.com/id=1202641536588?kw=GoDaddy.com%20Loses%2… GoDaddy.com Loses Motion to Recuse 'The Academy's Judge' Amanda Bronstad, The National Law Journal February 04, 2014, 05:03 PM | [1988 Academy Awards red carpet]1988 Academy Awards red carpet Photo: Alan Light via Wikimedia Commons Domain-name registrar GoDaddy.com Inc. has lost an effort to force the recusal of a federal judge based on alleged bias toward the Academy of Motion Picture Arts and Sciences, whose own attorney it said referred to her as "the Academy's judge." In 2010, the Academy, which hosts the Oscars awards show, sued GoDaddy.com for cybersquatting. The suit alleges that GoDaddy.com offers a program by which its customers can "park" a Web page-in this case, allegedly under infringing domain names-for the sole purpose of collecting ad revenue derived when users click onto the sites. Among the more than 100 domain names at issue are oscarlist.com and academyawardsinc.com. The case is scheduled to go to trial later this year. Although the case originally was assigned to U.S. District Judge Dale Fischer in Los Angeles, the Academy successfully moved to transfer the litigation to U.S. District Judge Audrey Collins, who is overseeing related cases over its trademarks. During a hearing Monday, Fischer rejected GoDaddy's motion to recuse Collins, saying she would issue a written ruling soon. "The Court finds that the motion is untimely, frivolous, and that defense has provided no evidence that a reasonable person could conclude that there is any bias by Judge Collins," Fischer concluded, according to a minute order of the proceedings. "Her ruling began by characterizing the motion as both untimely and frivolous and concluded by noting that GoDaddy had blatantly misrepresented the facts," said David Quinto, a partner at Los Angeles-based Quinn Emanuel Urquhart & Sullivan and the Academy's longtime trademark attorney. The organization's counsel of record, Stuart Singer, a partner in Boies, Schiller & Flexner's Fort Lauderdale office, said he was "gratified by Judge Fischer's decision." GoDaddy.com did not respond to a request for comment, and its attorney, Aaron McKown of Wrenn Bender in Irvine, Calif., did not return a call for comment. Among other things, GoDaddy.com's attorneys claimed in a Dec. 31 motion that the Academy has attempted "to game the system" by steering all its cases before Collins, who has overseen 25 of its disputes within the past 15 years. In this case, they noted that Collins had ruled for the Academy on a number of motions, including for dismissal and summary judgment. Collins has allegedly encouraged GoDaddy.com to settle the case while suggesting the Academy file a second suit. The Academy, in turn, has used its leverage with Collins, whose daughter is an actress, in settlement negotiations, the motion asserts. During a 2012 meeting on potential settlement terms, for example, Quinto allegedly told GoDaddy.com's attorneys that they should know Collins is "the Academy's judge." In court papers, the Academy's attorneys called GoDaddy.com's claims "outrageous and sanctionable." In a Jan. 13 opposition filing, they noted that GoDaddy.com did not object at the time the case was transferred. They brushed aside arguments about Collins' daughter, who is not an Academy member, and called accusations about the judge's statements misleading. They also defended their own settlement discussions. Quinto said his reference to Collins as "the Academy judge"-not, he insisted, "the Academy's judge" as GoDaddy.com contends-simply meant she "was familiar with the academy's intellectual properties." "GoDaddy's motion struck me as baseless and Judge Collins is a very well respected judge," he added. "Let's just say that in my career, I've never seen something like this." Contact Amanda Bronstad at abronstad(a)alm.com<mailto:abronstad@alm.com>. Read more: http://www.nationallawjournal.com/id=1202641536588/GoDaddy.com-Loses-Motion… Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/cell Twitter: @VlawDC "Luck is the residue of design" -- Branch Rickey ________________________________ No virus found in this message. Checked by AVG - www.avg.com<http://www.avg.com> Version: 2013.0.3462 / Virus Database: 3697/7069 - Release Date: 02/06/14

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Proposal for Development of New gTLD Name Collision Awareness, Education, and Tech Support Materials
by Baskin, James F (Jim) Feb. 11, 2014

Feb. 11, 2014

BC Members, On our last conference call I spoke about domain name collision analysis work Verizon has been undertaking with Interisle Consulting. We have been analyzing our DNS query logs to get a clearer picture of the extent and impact of "leaking" queries to not-yet delegated or operational gTLDs. We have been considering a parallel effort to develop documentation, and possibly a webinar, to help prepare ourselves and our customers for telecommunications and systems problems that could arise once queries to some of the new gTLDs begin to resolve and receive responses other than NXDOMAIN (domain does not exist). While preparing the plan to develop those materials, we realized that most of what we were describing would be of value to other carriers, ISPs, general business enterprises, and more. As a result, we have decided to reach out to like-minded companies to jointly fund the development of these materials. The following is a high-level description of the work effort. With the support of a handful of companies, these materials could be rapidly produced and distributed at minimal cost to each of the participating organizations. If your organization might be interested to supporting and benefiting from this work, please contact me to discuss it in more detail. We are open to refinement or reasonable expansion of the deliverables, keeping in mind that we want to keep the development timeline as short as possible since the first new gTLDs will go live within the next month. Thanks for your consideration, and please feel free to share this message with other organizations outside of the BC who might be interested in participating. Jim Baskin Verizon Communications Proposal for the Preparation of Awareness, Educational/Training, and Technical Support Materials Related to DNS Name Collisions 1. Develop descriptions of specific query/response scenarios that could arise as a result of conflicts of private and public naming schemes in the DNS. Document how these situations might appear to a user or technical support person, and what can be done to deal with such situations before or after they arise. Integrate the material into a comprehensive awareness and training program. 2. Create documentation for awareness, training, and support for management, employees/users and support staff. Materials oriented for various audiences would include: * For management: awareness materials about the potential operational, technical, and security risks of DNS name collisions. * For employees/users: information about the changes in network and system behavior that could arise as a result of new TLDs being delegated, how to recognize when problems encountered could be a result of new TLD name conflicts, how they can resolve problems on their own, and when they will require technical support. * For customer-facing personnel (sales, marketing): how to communicate with customers to make them aware of the change in TLD resolution behavior and the potential impact, before and after delegation of TLDs. * For technical support personnel: step-by-step procedures for identification and avoidance or remediation of collision occurrences. 3. Create communication information packages for distribution by email, web, etc. as appropriate, for target audiences, possibly including one or more webinars. 5. If webinars are developed, conduct a single session of the webinar(s), which would be video-recorded for distribution.

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Consolidated document: BC Comments on ICANN's Draft Vision, Mission & Focus Areas for a Five-Year Strategic Plan
by Benedetta Rossi Feb. 6, 2014

Feb. 6, 2014

Dear BC Members, Please find attached the consolidated document containing the BC comments on ICANN's Draft Vision, Mission & Focus Areas for a Five-Year Strategic Plan. Thank you, Kind Regards, Benedetta Rossi BC Secretariat bc-secretariat(a)icann.org <https://community.icann.org/display/gnsobc/Home> https://community.icann.org/display/gnsobc/Home www.bizconst.org

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Policy calendar for 6-Feb-2014 BC member call
by Steve DelBianco Feb. 6, 2014

Feb. 6, 2014

Here's a Policy Calendar for Tomorrow's BC call. (6-Feb-2014) Channel 1. BC participation in ICANN Public Comment process: ICANN Public Comment page is <http://www.icann.org/en/news/public-comment> <http://www.icann.org/en/news/public-comment> here<https://www.icann.org/en/news/public-comment>. Selected comment opportunities below: 1. Status update from expert working group on gTLD Directory Services (comments close 28-Feb) The EWG status update is here<https://urldefense.proofpoint.com/v1/url?u=http://www.icann.org/en/groups/o…>, and described on this page (link<https://urldefense.proofpoint.com/v1/url?u=http://www.icann.org/en/news/ann…>). Last week, Jimson Olufuye and Tim Chen volunteered to draft BC comments. EWG member Susan Kawaguchi is also available for guidance and questions. 2. Second Accountability and Transparency Review Team (ATRT 2) Final Report & Recommendations (link<http://www.icann.org/en/news/public-comment/atrt2-recommendations-09jan14-e…>) (initial comments due 21-Feb) Note: BC members are encouraged to do their own comments. The BC selects topics on which to submit official positions based on member interest. --- Channel 2. Support for discussion and votes of our representatives on GNSO Council John Berard and Gabi Szlak, Councilors. Report on recent Council meeting, 23-Jan-2014. Agenda<http://gnso.icann.org/en/meetings/agenda-council-23jan14-en.htm>. Next Council meeting is 27-Feb-2014, 11:00 UTC. Agenda not yet published --- Channel 3. Supporting discussion/voting on matters before the Commercial Stakeholders Group (CSG) Marilyn Cade, CSG Liaison Developments in global internet governance and implications for ICANN and for private sector role. --- Channel 4. BC statements and responses during public meetings (outreach events, public forum, etc.) ICANN plans to delegate Singular and Plural forms of same string, despite GAC advice and community concerns. The BC sent letters to ICANN Board on 22-Oct (link<http://www.bizconst.org/Positions-Statements/Singular-Plural%20TLDs.pdf>) and on 30-Dec (link<http://www.icann.org/en/news/correspondence/cooper-to-ngpc-30dec13-en.pdf>) regarding string confusion objections. A "Discussion of report on string confusion expert determinations" is on the NGPC agenda for their meeting today (link<http://www.icann.org/en/groups/board/documents/agenda-new-gtld-05feb14-en.h…>) State of the Net Conference, Washington DC 28-Jan-2014 Steve DelBianco was on a panel with Fadi Chehade: "Will the Brazilian Reboot Turn the Internet into a BRIC?" (audio recording here<http://www.netcaucus.org/th_event/state-of-the-net-2014/>) ICANN's latest plan to manage collisions between new gTLD strings and domains used in private networks. (link<http://www.icann.org/en/groups/board/documents/resolutions-new-gtld-annex-1…>) To develop the framework for new TLDs, ICANN hired JAS Advisors. JAS posted initial thoughts on detection & response at DomainIncite (link<http://domainincite.com/15205-dns-namespace-collisions-detection-and-respon…>), where BC members can reply with suggestions.

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RV: Pending trademark claim on XXXX
by Chris Chaplow Feb. 5, 2014

Feb. 5, 2014

Just thought BC members might want to see wording of an early notice TM notice on a new gTLD. It is actually a registrar pre-registration on general registration of a domain against a mark that my client has in the TMCH. Sunrise registrations are about 150€ and general registration is 30€ so to protect a brand that is not in the worldwide spotlight this is a more economical option. (I edited out the domain name) Chris Chaplow, important information inside regarding a trademark claim and your domain. Early notice: Pending trademark claim <http://imagesak.secureserver.net/promos/htmlemails/template/pinch_x2.gif> Dear Chris Chaplow, Thank you for pre-registering XXXXXXX. Your domain matches at least one trademark record submitted to the Trademark Clearinghouse. In the coming days, we'll send you another notice explaining how to acknowledge the trademark claim. If you choose not to respond to the claim check, GoDaddy will send in the registration after May 06, 2014, if the domain name is still available. Questions? Take a look at this FAQ: 1. Why am I getting a claim check notification? You pre-registered a domain name that is a trademarked name. A claim check is a process that protects trademark holders and notifies them of potential domain names registered with their mark. 2. What is a trademark? A trademark is a recognizable sign, design or expression that identifies products or services of a particular source from those of others. 3. What happens next? Approximately 48 hours before February 12, 2014, you will be asked to acknowledge the claim check in a separate email. If you choose not to respond to the claim check, GoDaddy will send in the registration after May 06, 2014, if the domain name is still available. If you are not awarded the domain name due to a trademark violation, we will issue you a refund, less any application fees. Please do not reply to this email, as we are not able to respond to messages sent to this address. Copyright © 1999-2014 GoDaddy.com, LLC. All rights reserved. <http://img.securepaynet.net/bbimage.aspx?pl=1&isc=gdbb2599&e=technical%40an…>

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Continuation of GNSO WG Newcomer Open House Sessions
by Benedetta Rossi Feb. 3, 2014

Feb. 3, 2014

Dear BC Members, Please find below and ICANN announcement regarding the continuation of the GNSO WG Newcomer Open House Sessions. If you are interested in joining any of the meetings please follow the RSVP instructions below to receive the dial in details. Kind Regards, Benedetta Rossi BC Secretariat bc-secretariat(a)icann.org https://community.icann.org/display/gnsobc/Home www.bizconst.org <http://gnso.icann.org/en/announcements/announcement-28jan14-en.htm> http://gnso.icann.org/en/announcements/announcement-28jan14-en.htm Continuation of GNSO WG Newcomer Open House Sessions Following a successful GNSO WG Newcomer Open House session pilot session <http://www.ispcp.info/policy-resources/gnso-working-groups-newcomer-open-ho use/> in December of last year, we would like to continue with these sessions to allow for new GNSO WG participants to come together and ask any questions they may have about GNSO Working Groups, procedures and/or processes. We know there is a lot of information to digest when you join a GNSO Working Group and would like to offer this opportunity to come together, talk and answer any questions you may have. To allow for maximum participation in these calls, the proposed schedule is as follows: Thursday 6 February at 12.00 UTC Thursday 6 March at 20.00 UTC Thursday 3 April at 12.00 UTC Thursday 1 May at 20.00 UTC Thursday 5 June at 12.00 UTC Thursday 3 July at 20.00 UTC Thursday 7 August at 12.00 UTC Thursday 4 September at 20.00 UTC Thursday 2 October at 12.00 UTC Thursday 6 November at 20.00 UTC Thursday 4 December at 12.00 UTC To convert to your local time zone, please see http://www.timeanddate.com/worldclock/converter.html. If you are interested to join the next meeting on 6 February or any of the future meetings, please let the GNSO Secretariat know (gnso-secs(a)icann.org) and they will send you the call details. If there are any specific questions you already have, or any overviews or introductions you think would be helpful (e.g. GNSO Policy Development Process or GNSO Working Group guidelines), please let us know in advance and we will prepare materials accordingly. Feel free to share this invitation with others that you think may be interested. We look forward to welcoming you at the next meeting! Glen de Saint Géry GNSO Secretariat gnso.secretariat(a)gnso.icann.org http://gnso.icann.org

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RV: BC comment on ICANN's Vision, Mission & Focus for 5-year Strategic Plan.
by Chris Chaplow Feb. 1, 2014

Feb. 1, 2014

Dear Members, Thanks for your contributions to the draft BC comment on ICANNs Vision, Mission & Focus for 5-year Strategic Plan. I have incorporated the comments by members Aparna Sridhar, David Fares, Nat Cohen, and Marilyn Cade. Please find attached the individual documents that I will submit to ICANN in a few hours time ahead of the deadline. (I notice that no other comments have been submitted at all yet.) In particular with regard to the Vision I believe I have incorporated the comments of Aparna Sridhar, David Fares, and Marilyn Cade. The BC suggested version of the Vision is the shortened version (not including public interest) whilst the BC statement request How this is incorporated .. deserves more discussion with the ICANN community. I also have added a point I made on the BC call in the Focus Area: IV. Striving towards technical and operational excellence being BC also notes that IANA has been dropped from the title of the focus area but management of IANA function should remain a key strategic objective. With best regards, 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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FILED: Business Constituency comment on Proposed Spec 13 for .Brand Registry Agreement
by Steve DelBianco Jan. 31, 2014

Jan. 31, 2014

Today we filed comments on the proposed Spec 13 for Registry Agreements with “.Brand” TLDs See posted comment here<http://forum.icann.org/lists/comments-spec13-06dec13/msg00034.html> Thanks to Andy Abrams and Stephanie Duchesneau for drafting these comments. -- Steve DelBianco Vice chair for policy coordination ICANN Business Constituency

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FOR REVIEW: BC comment on ICANN's focus for 5-year strategic plan
by Steve DelBianco Jan. 30, 2014

Jan. 30, 2014

Attached is the current draft BC comment on ICANN’s Vision, Mission & Focus for 5-year Strategic Plan, which came out of last summer’s "brainstorming" by board, community and staff. (link<http://www.icann.org/en/about/planning/strategic-engagement/focus-areas-29o…>) Tim Chen and Chris Chaplow led drafting of the BC comment, with help from Martin Sutton, Marilyn Cade, and Andrew Mack. Comments close 31-Jan, so today begins our 14-day review period. We need draft comments for Focus Area V: Defining role clarity for ICANN in the Internet governance ecosystem. Yesterday I shared my views about ICANN limiting its mission and avoiding entanglements in the broader I-Gov debate. If no BC members contribute text for Area V, then I can draft something next week. Please REPLY ALL with edits (TRACK CHANGES)as soon as possible, since the comment deadline is 31-Jan-2014. Thanks again to Tim and Chris for taking the lead on this. — Steve DelBianco Vice chair for policy coordination

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