- NA-Discuss - lists.icann.org

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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Welcome to ICANN At-Large!
by At-Large Staff Aug. 25, 2009

Aug. 25, 2009

25th August, 2009 TO: Greater Toronto Area Linux User Group (GTALug) FROM: ICANN At-Large Advisory Committee (ALAC) SUBJECT: At-Large Structure Certification ICANN's At-Large Advisory Committee (ALAC) is pleased to inform you that the Greater Toronto Area Linux User Group (GTALug) has been certified as an At-Large Structure (ALS). The ALAC greatly appreciates your group¹s interest in involving individual users in ICANN and looks forward to working with you and your colleagues. The purpose of ALS certification is to recognize that your organization meets the necessary criteria to involve individual Internet users at the local or issue level in ICANN activities, and that your organization will support its individual members' informed participation in ICANN efforts that affect end-users. The ALAC is eager to promote a productive working relationship between your organization, other ALS, and the ALAC (and ICANN in general), and your input on how we can make this a success would be greatly appreciated. We would like to offer some initial tools to help your organization keep its members informed (about significant news from ICANN and information on ICANN policy-development efforts) and engaged in activities of interest: - Point of Contact for your Organisation: Please send an email to staff(a)atlarge.icann.org identifying the names and email addresses of one or two individuals who will be the point of contact for information and correspondence regarding ICANN At-Large. If this changes, please let us know. - At Large Mailing Lists. There are many At Large email lists, for each region; you can signup for them and manage your subscriptions at: http://atlarge-lists.icann.org/mailman/listinfo . The points of contact you identify will automatically be added to your region¹s list just for accredited ALSes to discuss regional issues and to the mailing list for Staff announcements; you are invited to join others as you wish. - ALS information. Information about your organization will be shared with the At-Large community to enable individuals interested in your group's activities to contact you, and to encourage cooperation with other groups interested in ICANN activities in your geographic region. Please complete and email the form at the bottom of this note to staff(a)atlarge.icann.org. - ALAC website. The ALAC website (www.atlarge.icann.org) is a good source for ICANN news and information of interest to individual Internet users. We encourage you to provide your members with a link. The ALAC relies on volunteers to translate information into multiple languages. Translations of documents on the website are welcome and should be sent to staff(a)atlarge.icann.org. - At-Large Regional Websites. Regional web pages also have been created to distribute information (including in local languages) on activities, events and issues of particular interest to people in each region. These are being very substantially revised in the next couple of weeks but you should keep the URLs handy and check back regularly. They are: African Region: http://www.afralo.org/ Asia/Australia/Pacific Region: http://www.apralo.org/ European Region: http://www.euralo.org/ Latin America/Caribbean Region: http://www.lacralo.org/ North American Region: http://www.naralo.org/ - Regional WiKi: Each At-Large Region has a Wiki that allows the region to collaborate. These are maintained by the community and create the regional websites shown above. This framework is in the final stages of preparation but if you wish to have a user account, send an email to staff(a)atlarge.icann.org. We look forward to working with you and your organization's members to advance individual Internet users' interests within ICANN. If you have any questions, or need additional information, please contact us at staff(a)atlarge.icann.org . Sincerely, The At-Large Advisory Committee www.atlarge.icann.org staff(a)atlarge.icann.org --------------------------- Name: Location (city/country/region; whatever is relevant to your membership): Mission: Member benefits: Contacts (name/s and email address/es -- title/s optional): Website: Other (additional informational you would like included):

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Welcome to ICANN At-Large!
by At-Large Staff Aug. 25, 2009

Aug. 25, 2009

25th August, 2009 TO: San Francisco Bay ISOC FROM: ICANN At-Large Advisory Committee (ALAC) SUBJECT: At-Large Structure Certification ICANN's At-Large Advisory Committee (ALAC) is pleased to inform you that San Francisco Bay ISOC has been certified as an At-Large Structure (ALS). The ALAC greatly appreciates your group¹s interest in involving individual users in ICANN and looks forward to working with you and your colleagues. The purpose of ALS certification is to recognize that your organization meets the necessary criteria to involve individual Internet users at the local or issue level in ICANN activities, and that your organization will support its individual members' informed participation in ICANN efforts that affect end-users. The ALAC is eager to promote a productive working relationship between your organization, other ALS, and the ALAC (and ICANN in general), and your input on how we can make this a success would be greatly appreciated. We would like to offer some initial tools to help your organization keep its members informed (about significant news from ICANN and information on ICANN policy-development efforts) and engaged in activities of interest: - Point of Contact for your Organisation: Please send an email to staff(a)atlarge.icann.org identifying the names and email addresses of one or two individuals who will be the point of contact for information and correspondence regarding ICANN At-Large. If this changes, please let us know. - At Large Mailing Lists. There are many At Large email lists, for each region; you can signup for them and manage your subscriptions at: http://atlarge-lists.icann.org/mailman/listinfo . The points of contact you identify will automatically be added to your region¹s list just for accredited ALSes to discuss regional issues and to the mailing list for Staff announcements; you are invited to join others as you wish. - ALS information. Information about your organization will be shared with the At-Large community to enable individuals interested in your group's activities to contact you, and to encourage cooperation with other groups interested in ICANN activities in your geographic region. Please complete and email the form at the bottom of this note to staff(a)atlarge.icann.org. - ALAC website. The ALAC website (www.atlarge.icann.org) is a good source for ICANN news and information of interest to individual Internet users. We encourage you to provide your members with a link. The ALAC relies on volunteers to translate information into multiple languages. Translations of documents on the website are welcome and should be sent to staff(a)atlarge.icann.org. - At-Large Regional Websites. Regional web pages also have been created to distribute information (including in local languages) on activities, events and issues of particular interest to people in each region. These are being very substantially revised in the next couple of weeks but you should keep the URLs handy and check back regularly. They are: African Region: http://www.afralo.org/ Asia/Australia/Pacific Region: http://www.apralo.org/ European Region: http://www.euralo.org/ Latin America/Caribbean Region: http://www.lacralo.org/ North American Region: http://www.naralo.org/ - Regional WiKi: Each At-Large Region has a Wiki that allows the region to collaborate. These are maintained by the community and create the regional websites shown above. This framework is in the final stages of preparation but if you wish to have a user account, send an email to staff(a)atlarge.icann.org. We look forward to working with you and your organization's members to advance individual Internet users' interests within ICANN. If you have any questions, or need additional information, please contact us at staff(a)atlarge.icann.org . Sincerely, The At-Large Advisory Committee www.atlarge.icann.org staff(a)atlarge.icann.org --------------------------- Name: Location (city/country/region; whatever is relevant to your membership): Mission: Member benefits: Contacts (name/s and email address/es -- title/s optional): Website: Other (additional informational you would like included):

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Fw: Re: Immediate Resignation as NCUC Liaison
by Beau Brendler Aug. 22, 2009

Aug. 22, 2009

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Fw: Re: Immediate Resignation as NCUC Liaison
by Beau Brendler Aug. 21, 2009

Aug. 21, 2009

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NARALO ALS Representative list for upcoming online polls
by At-Large Staff Aug. 21, 2009

Aug. 21, 2009

Dear All, In view of the upcoming elections we would like to confirm all ALSes, which are eligible to participate in the NARALO online polls. Please contact us in case the list below contains inaccurate information about the main representative of your ALS and the corresponding address where the voting credentials should be sent to. Please respond to staff(a)atlarge.icann.org only. We will send out an updated NARALO contact list after the start of the vote. Thank you! -- Regards, Nick Ashton-Hart, Heidi Ullrich, Matthias Langenegger, Gisella Gruber-White ICANN At-Large Staff email: staff at atlarge.icann.org 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 Consumer Reports WebWatch North America Beau Brendler beaubrendler(a)earthlink.net 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,

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Fwd: Today MADCO Call- Storm Brewing Over Global Internet Governance
by Dharma Dailey Aug. 20, 2009

Aug. 20, 2009

Today the Media and Democracy Coalition weekly call is focusing on the NCUC controversy: Begin forwarded message: > From: Hannah Miller <hmiller(a)media-democracy.net> > Date: August 20, 2009 10:27:57 AM GMT-04:00 > To: "MADCoList" <MADCoList(a)list.media-democracy.net> > Subject: [MADCoList] Today - MADCO Call: Storm Brewing Over Global > Internet Governance > > Hey folks - > > The MADCO call today is on a very exciting topic: the governance and > nature of one of the chief organizations that control the global > Internet: > ICANN. > > ICANN is the acronym for Internet Corporation for Assigned Names and > Numbers (http://www.icann.org/) Headquartered in Marina Del Rey, > California, United States, ICANN is a non-profit corporation created > in > 1998 in order to oversee a number of Internet-related tasks previously > performed directly on behalf of the U.S. government by other > organizations. > > Right now, there is a controversy over the way that ICANN is going > about > assigning a whole new set of top-level domain names. In one of the > first > major advocacy efforts, a group called the Non Commercial Users > Constituency is calling for more transparency and meaningful public > participation in the process. (Their letter is attached.) > > We have two speakers lined up for this one for more detail: > Katherine G. Grincewich of the Conference of Catholic Bishops, and > Harold > Feld of Public > Knowledge. > > Since this is such a complicated topic and the beginning of an > educational > process on > international Internet politics, we are going to devote most of the > hour to > it. Please let me know if you would like to speak. > > Thursday 8/20/09 > 12 p.m. EST/3 PST > Call: 218-339-4300 > ext 425-755 > > > > > > ------------------------------------------- > If you wish to unsubscribe, please send a blank message with the > subject "unsubscribe" to info(a)media-democracy.net > MADCoList > Archives: https://www.listbox.com/member/archive/140611/=now > RSS Feed: https://www.listbox.com/member/archive/rss/140611/ > Modify Your Subscription: > https://www.listbox.com/member/?& > Powered by Listbox: http://www.listbox.com > > -- > Hannah Miller > Media and Democracy Coalition > National Field Director > 1133 19th Street NW, 9th Floor > Washington, DC 20036 > office 202-736-5733 > cell 215-888-8036 > www.media-democracy.net > > The Media and Democracy Coalition is a collaboration of over two dozen > local and national organizations committed to amplifying the > public's voice > in shaping media and telecommunications policy. > > > ------------------------------------------- > If you wish to unsubscribe, please send a blank message with the > subject "unsubscribe" to info(a)media-democracy.net > MADCoList > Archives: https://www.listbox.com/member/archive/140611/=now > RSS Feed: https://www.listbox.com/member/archive/rss/140611/ > Modify Your Subscription: https://www.listbox.com/member/?member_id=14630068&id_secret=14630068-52de7… > Powered by Listbox: http://www.listbox.com

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