August 2009 - NA-Discuss - lists.icann.org

NOW OPEN: NARALO Vote on Recommended North American NomCom Delegate
by At-Large Staff Aug. 28, 2009

Aug. 28, 2009

Dear All, Per Evan¹s request we recently started a NARALO vote on the recommended North American NomCom representative. *********** The question to be put will be the following: Who should NARALO recommend that the ALAC appoint as the NomCom representative from the North American Region, for a term running from the end of the 2009 AGM to the end of the 2010 AGM? With possible options: Eduardo Diaz Glenn McKnight *********** The candidate with the most votes will be recommended to that ALAC as preferred regional NomCom delegate. Both candidates have submitted a Statement of interest, which can be found under the following URL: Eduardo Diaz: https://st.icann.org/naralo/index.cgi?eduardo_diaz_2009_nomcom_statement_of_ interest Glenn McKnight: https://st.icann.org/naralo/index.cgi?glenn_mcknight_statement_of_interest All eligible voters will shortly receive a separate email with their voting credentials. In case you are on the list attached below and have not received your voting credentials, please get in contact with staff(a)atlarge.icann.org. The vote remains open until August 30th at 23:59 Hawaii Time. Voting is anonymous. Eligible NARALO voters (total: 20). Please note that the ALS Consumer Reports WebWatch does not currently have a representative. Nineteen ALSes are eligible to vote . One additional vote will go to unaffiliated members. Unaffiliated members who would like to participate in this vote are requested to get in contact with the representative for unaffiliated members, Beau Brendler, regarding their voting intentions. Representative for unaffiliated members: Beau, Brendler, beaubrendler(a)earthlink.net ALSes: America@Large Randy Glass jipshida(a)gmail.com Association for Community Networking (AFCN) North America Michael Maranda mmaranda(a)afcn.org Canadian Association for Open Sorce (CLUE) North America Evan Leibovitch evan(a)telly.org Coalition Against Unsolicited Commercial E-mail(CAUCE North America) John Levine johnl(a)iecc.com Communautique North America Monique Chartrand direction(a)communautique.qc.ca Foundation for Building Sustainable Communities (FBSC) North America Glenn McKnight mcknight.glenn(a)gmail.com ISOC New York North America David Solomonoff president(a)isoc?ny.org ISOC Puerto Rico North America Eduardo Diaz President ediaz(a)prtc.net ISOC Quebec North America Louis Houle louis.houle(a)oricom.ca, Louis.Houle(a)servicesquebec.gouv.qc.ca Knujon North America Garth Bruen gbruen(a)knujon.com N-CAP North America Darlene Thompson dthompson(a)gov.nu.ca Pacific Community Networks Association North America Bev Collins bev(a)pcna.ca People Who North America Sylvia Caras sylvia(a)peoplewho.org Privatera North America Robert Guerra lists(a)privaterra.info Telecommunities Canada North America Gareth Shearman shearman(a)victoria.tc.ca The Alberta Community Network Association North America Stephen Soucy stephen(a)albertacna.ca The Intellectual Property & Technology Section of the Hawaii State Bar Association Seth Reiss seth.reiss(a)lex-ip.com Web405 North America Bret Fausett, bfausett(a)internet.law.pro Youth Helping Youth Inc dba: Emerging Futures Network North America Ted Ernst ted(a)emergingfutures.net, -- Regards, Nick Ashton-Hart, Heidi Ullrich, Matthias Langenegger, Gisella Gruber-White ICANN At-Large Staff email: staff at atlarge.icann.org

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Congratulations to Evan for his reappointment!
by At-Large Staff Aug. 27, 2009

Aug. 27, 2009

Dear All, We would like to congratulate Evan Leibovitch for his reappointment as NARALO Chair for 2010! At the close of the nomination period on 23rd August 2009 at 23:59 (Hawaii time zone), Evan was the sole candidate for the Chair position, which resulted in his automatic reappointment. We would like to thank Evan for the work he has done for this community and wish him all the best for his third consecutive term as NARALO Chair! Regards, At-Large Staff

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Congratulations to Darlene Thompson!
by At-Large Staff Aug. 27, 2009

Aug. 27, 2009

Dear All, We would like to congratulate Darlene Thompson for her reappointment as NARALO Secretariat for 2010! Darlene, who was nominated for the Secretariat position by Gareth Shearman, was the sole candidate for this position at the close of the nomination period on 23rd August 2009, which resulted in her automatic reappointment. We would like to thank Darlene for all the effort she has put into this community and wish her a successful Third term as NARALO Secretariat! Regards, At-Large Staff

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Congratulations to Gareth Shearman!
by At-Large Staff Aug. 27, 2009

Aug. 27, 2009

Dear All, We would like to congratulate Gareth Shearman for his reappointment as NARALO representative to the ALAC. Gareth, who joined the ALAC earlier this year as a replacement for Robert Guerra, will serve a two-year term ending at the close of the Annual General Meeting in 2011. At the close of the nomination period on 23rd August 2009 at 23:59 (Hawaii time zone), Gareth was the sole candidate for the NARALO ALAC Representative position which resulted in his automatic reappointment. We would like to thank Gareth for his work for the committee and wish him all the best in his role as one of the North-American representatives in the ALAC! Regards, At-Large Staff

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At-Large Guide to gTLDs
by Danny Younger Aug. 27, 2009

Aug. 27, 2009

Once again ICANN Staff is disregarding ALAC member comments. In a note posted to the ALAC list -- see http://atlarge-lists.icann.org/pipermail/alac_atlarge-lists.icann.org/2009/… -- we are once again presented with what used to be Miriam Sapiro's "Guide to Domain Names" that has now been re-branded as the "At-Large Guide to gTLDs". A bevy of original comments in November of 2006 called for this document to include ccTLD materials. Those suggestions, and even those of director Gaetano who asked for a comprehensive guide, (that for ccTLDs will have a complete list of contact information - something like http://www.iana.org/root-whois/index.html) have been totally ignored by Staff. While we can all appreciate the "suggestions" originally put forth by NIck Ashton Hart, namely: 1) decide that a subsequent guide will address ccTLDs, but that this one will only address gTLDs. 2) ensure the name is changed to "A Guide to Generic Top-Level Domain Names" 3) add a preamble noting that the guide focuses only on gTLDs and there are 250 country code tld's and these will be addressed in an upcoming "A Guide to Country Code Top-Level Domain Names" ....these suggestions were never agreed to by any of the folk that discussed the original "Guide to Domain Names". In fact, Vittorio Bertola quite clearly stated: "I would not be happy at all by having the ALAC name on anything that might look like (ICANN-paid) advertising for gTLDs over ccTLDs". In the interest of transparency, perhaps Staff would be good enough to tell us (1) just how much money was expended so far on this work-product of an outside consultant and how much more money they intend to spend on this project; (2) why all members comments pointing to the need to necessarily include ccTLD information within the document were ignored/rejected by ICANN Staff. Speaking for myself, I'm getting more than a little sick of Staff drafting ALAC statements and putting out documents in the name of the ALAC.

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Congratulations from all of us at ISOC Puerto Rico to Gareth, Evan and Darlene in their reappointments
by Eduardo Diaz Aug. 27, 2009

Aug. 27, 2009

-ed -- NOTICE: The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named above. If you have received this communication by error, please notify us immediately by e-mail, and delete the original message.

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Re: [NA-Discuss] Will ICANN now finally terminate onlinenic's accreditation?
by Garth Bruen at KnujOn Aug. 27, 2009

Aug. 27, 2009

Danny, Sadly I think this is just one of the revelations we will see in terms of the Registrars this year as the veil of secrecy is pulled back through the new RAA and other public disclosures. The only thing that will prevent this going forward is an "open book" accounting of all Registrar ownership and relations. Last year we found dozens of Registrars with no publicly disclosed address through a loophole in the RAA and we are still trying to out where OnlineNIC is really located? Since you pointed out years ago that 5 companies control most of the accreditations the situation has gotten worse, not better. I see now that eNom has a dozen new accreditations! How are the marketplace and consumer served in this way? -Garth ------------------------------------- Collect, analyze, enforce, repeat... Garth Bruen gbruen(a)knujon.com http://www.knujon.com http://www.linkedin.com/pub/4/149/724 Tentative Presentations: Global Cyber Security Expo http://cyberexpo.memphis.edu/ > -------- Original Message -------- > Subject: [NA-Discuss] Will ICANN now finally terminate onlinenic's > accreditation? > From: Danny Younger <dannyyounger(a)yahoo.com> > Date: Wed, August 26, 2009 8:37 pm > To: NA Discuss <na-discuss(a)atlarge-lists.icann.org> > Cc: david.giza(a)icann.org > Judge orders cybersquatter to pay Verizon $33m > http://www.theregister.co.uk/2009/08/27/onlinenic_verizon_ruling_upheld/ > [excerpt] A federal court in California has upheld a massive $33.15m penalty against a cybersquatting domain aggregator that registered hundreds of websites mimicking Verizon's name and trademarks. > The Reg reported on the initial ruling back in December 2008, suspecting that the American telco had a slim chance of ever finding the people responsible to collect. Verizon had been awarded the judgment against OnlineNIC by default after failing to locate any of its employees to serve a summons. > Court documents later reveled that Verizon's council claims to have been telephoned by OnlineNIC's president Rex Liu just days before the default judgment was granted. The Verizon attorney alleges Liu discussed settling the matter out of court, but said the company would not pay any substantial sum of money and would likely ignore the case even if an adverse judgment were entered. > Despite contacting Verizon's council by phone, OnlineNIC failed to appear before the court until February 2009 when it filed a motion for relief from the judgment. Liu claims the five-month delay was due to him forgetting about the package containing the summons and having a poor understanding of the US legal system. > The court eventually decided to hear OnlineNIC's argument against he decision even though it found no grounds for setting aside the default judgment. > Verizon accused OnlineNIC of using an automated process to register websites such as verizononline.com, accountverizonwireless.com, and iphoneverizonplans.com. The phony Verizon sites hosted ad links and pop-under advertisements that resulted in revenue for OnlineNIC. > But the cybersquatter argued that damages of $33.15 million were vastly disproportionate to any actual harm suffered by Verizon or profit earned from the offending domain names. The company said it had only derived $1,468.60 in profit from the 663 infringing domain names. > It further countered only a jury trial could address the issue of what amount of damages are appropriate (based on the Seventh Amendment of the US Constitution granting the right of trial by jury in certain civil trials if the damages exceed twenty dollars). > But United States District Judge Jeremy Fogel on Tuesday ruled OnlineNIC has no entitlement to a jury trial for determining the statutory damages. Fogel also rejected OnlineNIC's claims that Verizon's claimed damages from cybersquatting were heavily inflated. > "OnlineNIC's reference to its alleged profit fails to take any account of the damages suffered by Verizon in the form of a likelihood of confusing surrounding Verizon's marks and the diversion of internet traffic to websites selling rival products," Fogel wrote in his decision. "Moreover, OnlineNIC has made multiple false or misleadingly incomplete representations to Verizon and the Court over the course of this litigation, making it exceedingly difficult to accept OnlineNIC's present representations as credible." > The judge also ordered OnlineNIC to pay Verizon its attorneys' fees and cost in addition to damages. > ------------------------------------- > Comments by Danny: > In the earlier case of estdomains ICANN stated: "Pursuant to Section 5.3 of the Registrar Accreditation Agreement (RAA), ICANN may terminate the RAA before its expiration when, “Any officer or director of [a] Registrar is convicted or a felony or of a misdemeanor related to financial activities, or is adjudged by a court to have committed fraud or breach of fiduciary duty, or is the subject of judicial determination that ICANN deems as the substantive equivalent of any of these; provided such officer or director is not removed in such circumstances.” > As we now have a final judicial determination in place, can we now expect ICANN to take the appropriate action in this particular case? > > ------ > NA-Discuss mailing list > NA-Discuss(a)atlarge-lists.icann.org > http://atlarge-lists.icann.org/mailman/listinfo/na-discuss_atlarge-lists.ic… > Visit the NARALO online at http://www.naralo.org > ------

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Will ICANN now finally terminate onlinenic's accreditation?
by Danny Younger Aug. 27, 2009

Aug. 27, 2009

Judge orders cybersquatter to pay Verizon $33m http://www.theregister.co.uk/2009/08/27/onlinenic_verizon_ruling_upheld/ [excerpt] A federal court in California has upheld a massive $33.15m penalty against a cybersquatting domain aggregator that registered hundreds of websites mimicking Verizon's name and trademarks. The Reg reported on the initial ruling back in December 2008, suspecting that the American telco had a slim chance of ever finding the people responsible to collect. Verizon had been awarded the judgment against OnlineNIC by default after failing to locate any of its employees to serve a summons. Court documents later reveled that Verizon's council claims to have been telephoned by OnlineNIC's president Rex Liu just days before the default judgment was granted. The Verizon attorney alleges Liu discussed settling the matter out of court, but said the company would not pay any substantial sum of money and would likely ignore the case even if an adverse judgment were entered. Despite contacting Verizon's council by phone, OnlineNIC failed to appear before the court until February 2009 when it filed a motion for relief from the judgment. Liu claims the five-month delay was due to him forgetting about the package containing the summons and having a poor understanding of the US legal system. The court eventually decided to hear OnlineNIC's argument against he decision even though it found no grounds for setting aside the default judgment. Verizon accused OnlineNIC of using an automated process to register websites such as verizononline.com, accountverizonwireless.com, and iphoneverizonplans.com. The phony Verizon sites hosted ad links and pop-under advertisements that resulted in revenue for OnlineNIC. But the cybersquatter argued that damages of $33.15 million were vastly disproportionate to any actual harm suffered by Verizon or profit earned from the offending domain names. The company said it had only derived $1,468.60 in profit from the 663 infringing domain names. It further countered only a jury trial could address the issue of what amount of damages are appropriate (based on the Seventh Amendment of the US Constitution granting the right of trial by jury in certain civil trials if the damages exceed twenty dollars). But United States District Judge Jeremy Fogel on Tuesday ruled OnlineNIC has no entitlement to a jury trial for determining the statutory damages. Fogel also rejected OnlineNIC's claims that Verizon's claimed damages from cybersquatting were heavily inflated. "OnlineNIC's reference to its alleged profit fails to take any account of the damages suffered by Verizon in the form of a likelihood of confusing surrounding Verizon's marks and the diversion of internet traffic to websites selling rival products," Fogel wrote in his decision. "Moreover, OnlineNIC has made multiple false or misleadingly incomplete representations to Verizon and the Court over the course of this litigation, making it exceedingly difficult to accept OnlineNIC's present representations as credible." The judge also ordered OnlineNIC to pay Verizon its attorneys' fees and cost in addition to damages. ------------------------------------- Comments by Danny: In the earlier case of estdomains ICANN stated: "Pursuant to Section 5.3 of the Registrar Accreditation Agreement (RAA), ICANN may terminate the RAA before its expiration when, “Any officer or director of [a] Registrar is convicted or a felony or of a misdemeanor related to financial activities, or is adjudged by a court to have committed fraud or breach of fiduciary duty, or is the subject of judicial determination that ICANN deems as the substantive equivalent of any of these; provided such officer or director is not removed in such circumstances.” As we now have a final judicial determination in place, can we now expect ICANN to take the appropriate action in this particular case?

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NomComm...position statement as requested
by Eduardo Diaz Aug. 26, 2009

Aug. 26, 2009

For those of you that have not voted yet, here I go... I am interesting in this position mostly because I want to contribute to ICANN by using my trainning, experience and ability for identifying and recruiting talent of various backgrounds that match position requirements. I have knowledge of ICANN structures and its different constituencies. I have been an active member of NARALO for the past 18 months. Even though this position will not report to NARALO directly, I am cognizant of the need of clearly understanding not only what is important to NARALO but other groups as well. In the end, it is people that make ICANN what it is. We need to recruit the best possible people and that I can do very well. Regards. -ed -- NOTICE: The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named above. If you have received this communication by error, please notify us immediately by e-mail, and delete the original message.

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NOMCOM
by Glenn McKnight Aug. 26, 2009

Aug. 26, 2009

Hi All In response to the posting by Alan this week I am posting a short position paper. Thank you for the opportunity to explain why I'm interested in volunteering for this committee. When I heard about the availability of the position my first action was to contact Ross Rader of Tucows by email then by phone to gather information about the position, time commitments and obligations of the job. Ross was quite generous with his time and provided a good insight in the position and he emphasized key skillsets which would be of benefit to the overall functionality and performance of the job. He was quite frank on the time commitment and he emphasized the need for all candidates to understand the scope of the job duties but also he emhasized the the individual be diplomatic, flexible, fair and analytical. If I can be a bit arcane, the hopeful candidate shares the qualities of diplomatic skills of Shirley Temple Black( tap-dancing skills) flexibility of Nadia Comenich, fairness of a baseball umpire and lastly the wisdom of Solomon, As per my own experience in above: Key Evaluation Skills -Board member with Habitat for Humanity Metropolitan Toronto which evaluated prospective families to be eligible to receive a Habitat home which required 500 hours of sweat equity, This evaluation required detailed interviews and personal assessments -Project Manager for the Industry Canada VOLNET program for Greater Toronto assessing out of thousands of non-profits their involvement with the Internet Connectivity initiative. This required a grid system to assess their capacity and committment -Director for Linux Professional Institute overseeing the marketing and selection of International Training partners, providing a system for evaluation and followup. ICANN Experience NARALO -monthly calls Mexico meeting in February 2009 -Working Group: Group #2 The Future Structure and Governance of ICANN -Flickr group pictures: http://www.flickr.com/photos/glennmcknight/sets/72157614698083332/ -Display Table presentation http://www.slideshare.net/gmcknight/icann-presentation-by-fbsc -Taping of Garth and Rudi's Session of Domain name abuse, recording and slideshow posted to Slideshare http://www.slideshare.net/gmcknight/mexico-registries-registrars-abuse-doma… and http://www.archive.org http://www.archive.org/details/IcannSpiritedDebateOnDomainRegistrarsAtIcann… PEDNR -New member upon request I hope this provides more insight into my background and commitment Thanks Glenn -- Glenn McKnight mcknight.glenn(a)gmail.com skype gmcknight twitter gmcknight Http://www.globalcatalysts.com http://newsocialmedia.wordpress.com

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