News Review | ICANN Is Unfit, The IANA Transition Should Be Unwound

graphic "News Review" ©2016 DomainMondo.com
Domain Mondo's weekly internet domain news review (NR 2018-07-22) with analysis and opinion: Features •  1) Comment to NTIA: ICANN Is Unfit, The IANA Transition Should Be Unwound, 2) ICANN news: a. ICANN vs EPAG - ICANN Loses Again, b. WHOIS & GDPR: Expedited Policy Development Process (EPDP) Team, and more, 3) Names, Domains & Trademarks: a. The Power of TLD .COM,  b. Verisign Q2 2018 earnings, and more, 4) ICYMI, 5) Most Read.

1) Comment to NTIA: ICANN Is Unfit, The IANA Transition Should Be Unwound
"ICANN is incompetent, corrupt, and unfit for the role it was given by the U.S. government in 1998 ... The IANA transition was a mistake and a fraud upon the American people and the global internet community."

Full comment with all attachments (pdf 2MB) (57 pages)

See also George Kirikos's comment here (pdf).

2) ICANN News
graphic "ICANN | Internet Corporation for Assigned Names and Numbers"
a. ICANN v. EPAG Domainservices, GmbH
 ICANN's GDPR Train Wreck: ICANN Loses Again in German Court
ICANN and its IP Constituency (trademark lawyers) lost Round II in ICANN's legal action (request for an injunction) against EPAG Domainservices, GmbH, an affiliate of Tucows, the world's second largest domain name registrar, filed in the Regional Court of Bonn, Germany. The case is now headed to the Higher Regional Court of Cologne as the court of appeal, which could refer the matter to the European Court of Justice. For more read the updates at last week's News Review.

b. WHOIS & GDPR: Expedited Policy Development Process (EPDP) Team 
As noted in the  updates to last week's News Review, the GNSO Council approved the Expedited Policy Development Process (EPDP) Initiation Request (pdf) and Charter (pdf) at its meeting Thursday, July 19, 2018.  It is expected that the EPDP Team, chaired by Kurt Pritz, will hold its first meeting during the week of 30 July 2018. The three dissents: Ayden Fedérline (pdf), Tatiana Tropina (pdf) and Stephanie Perrin (pdf):
"Yes, and I think that Tatiana and Ayden have eloquently expressed many of my reasons. There is one issue that I would like to add to those and that is that it is plainly evident from the way that we have approached this question and the EPDP that we've not yet, as ICANN, and as the GNSO addressing the problem of GDPR, some of us don't think it’s a problem, some of us think it’s an improvement, but at any rate we have not addressed the issue with the benefit of the advice that we have received from the data commissioners, in other words, with the perspective of data protection law. And I feel that it’s long overdue to address these concerns. I don't wish to delay the progress; we have to get busy. I have a remedy and I will try and bring remedy throughout the work on the EPDP. We have a volunteer from the Council of Europe to assist us in legal interpretation, that would be Peter Kimpian, a data protection lawyer from the Hungarian Data Protection Office who has worked extensively with the Council of Europe on GDPR and on Convention 108 and the revised Convention 108. They have offered to assign him to us. I would recommend that the Council accept that offer because at the moment we have a – we have a charter that is not framed the way it should be in terms of data protection analysis and we need to remedy this. And I share with both Ayden and Tatiana the concerns that we have many members that are turning this into a cross community working group but none of them who could, are bringing a data protection expertise to the table. Thank you."--Stephanie Perrin (emphasis added).

Also note ICANN at a Crossroads: GDPR and Human Rights | circleid.com by Raphaël Beauregard-Lacroix:
"... In a 17 May letter, European commissioners asked ICANN, through its CEO, to "show leadership and demonstrate that the multi-stakeholder model actually delivers." Be it taunting or encouraging, this challenge underscores the current need for intentional, proactive leadership from both the ICANN organisation and its community ..."
See also:

c. Approved Board Resolutions | Special Meeting of the ICANN Board 18 Jul 2018--ICANN.org: Big Fat Pay Increases for ICANN's Incompetent Management Team, Extension of CEO's contract to run through through May 2022, Reconsideration requests of dotgay, Dot Music, and more at link above.

d. Famous Last Words--"ICANN org has increased confidence that the root KSK rollover planned for 11 October 2018 will have the potential to affect only a tiny fraction of DNS users"--ICANN.org 18 July 2018.

e. ICANN Board Approves Dysfunctional Implementation of At-Large Review over objections from members of the ICANN community--ICANN Board Minutes | ICANN.org 23 June 2018 meeting. The objections included comments from the Registrar Stakeholder Group,  Registries Stakeholder Group "... Structures that are intended to support user engagement in ICANN may, in fact, hinder direct user participation and discourage new voices from engaging with ICANN policy development processes ... Fifty percent of At-Large respondents and seventy-five percent of non-At-Large respondents believed that At Large Structures are not truly representative of global end user opinion ... These findings point to fundamental problems with At-Large representation" and NCSG--"... At-Large has been dominated by a few people for too long ... It is not focused enough on holding ICANN (via the Board) accountable and empowering individual Internet users ..." [Editor's note: any wonder why the ICANN Board brushed aside these valid objections? ICANN: unfit, incompetent, corrupt.]

f. CCWG-Accountability WS2 have distributed their final report for consideration to the ICANN Chartering Organizations. on The Final Report includes a summary of work completed by WS2 and a listing of recommendations, here and here (with annexes). The Chartering Organizations have been asked to complete their approval of the Final Report by the conclusion of ICANN63 October 20-25, 2018. If approved, it will then be sent to the ICANN Board for approval and implementation.

g. Methodology Review of the Domain Abuse Activity Reporting (DAAR) System | ICANN.org.

h.  Better Late Than Never--Name Collision Analysis Project (NCAP)--report-comments-ncap-project-plan-13jul18-en.pdf (pdf) excerpt: "The ALAC urges the SSAC to proceed with the Name Collision Analysis Project (NCAP) Work Party's project plan and allocate enough time to do it right. We believe it is important to minimize the unintended consequences for end users. Name Collision occurs when a user, attempting to reach a private domain name, unintentionally reaches a public domain name and, as such, cut to the core of end user trust of the internet and could pose potential security issues."

i. ICANN Naming Services portal User Guide for Registries 19 Jul 2018: nsp-user-guide-19jul18-en.pdf [637 KB]

3) Names, Domains & Trademarks
graphic "Names, Domains & Trademarks" ©2017 DomainMondo.com
a.  The Power of Top Level Domain .COM: After years of complaints from rival search engine DuckDuckGoGoogle has relented--Google got domain name duck.com after buying video compression startup On2 in 2010, and previously duck.com redirected to google.com, but now Google redirects the domain name duck.com to on2.com, a page with links to duckduckgo.com, as well as ducks.com which redirects to basspro.com (Bass Pro Shops) and an article on Wikipedia.org about ducks. On Friday, DuckDuckGo CEO & Founder Gabriel Weinberg tweeted "Thank you! That will clear up the consumer confusion. Would you please consider selling the domain to us?"

b. Verisign (NASDAQ: VRSN) Q2 2018 earnings webcast July 26, 4:30pm EDT.
c. ICANN's New gTLD IDNs: Cyrillic Characters Are Favorites for IDN Homograph Attacks--bleepingcomputer.com.

d. Next steps for brand protection in a post-GDPR world: trademark takeaways from ICANN 62 | worldtrademarkreview.com.

4) ICYMI Internet Domain News 
graphic "ICYMI Internet Domain News" ©2017 DomainMondo.com
  • India: Bordering on Absurd: Rajasthan’s Obsession with Internet Shutdowns--thequint.com.
  • U.S. to help organizations interested in programs supporting Internet Freedom--devdiscourse.com.
  • ITU and Global Cyber Alliance join forces to help countries prepare for and respond to cyber-threats: "Secured cyberspace vital for the development of the digital economy"--itu.int

5) Most Read Posts this past week on DomainMondo.com: 
graphic "Domain Mondo" ©2017 DomainMondo.com

-- John Poole, Editor, Domain Mondo 

feedback & comments via twitter @DomainMondo



Tech Review 1) Silicon Valley & Tech Obsessions, 2) Innovation & AI (video)

graphic "Tech Review" ©2017 DomainMondo.com
Tech Review (TR 2018-07-21)--Domain Mondo's weekly review of tech investing news with commentary, analysis and opinion: Features • 1) Silicon Valley & Tech Obsessions, 2) Innovation & AI, 3) Investing: The Week, Investing Notes: Stick with the Winners4) ICYMI Tech News: Google, Amazon, and more.

1) Silicon Valley & Tech Obsessions

Silicon Valley Renegades Take On Tech ​Obsessions: some of the engineers and designers who helped build our most commonly used technology​, including Aza Raskin and Tristan Harris, ​are fighting back against how it’s taking over our lives. ​Wall Street Journal (wsj.com) video above published Jul 2, 2018.

2) Innovation and Artificial Intelligence (AI): An Era of Profound Change

In an age of start-ups and disruptors, innovation is the prime catalyst for profound changes to the business world. But what does 'innovation' truly mean - besides being an easy, clichéd buzzword trotted out by entrepreneurs looking for investment?

The philosopher Luc Ferry, innovation specialist and France's former Minister for Youth, National Education and Research, has taken a special interest in this theme. He discussed this with Christophe Donay, the Chief Strategist and Head of Asset Allocation and Macroeconomic Research at Pictet Wealth Management, at its innovation event in Geneva. The above is a FT.com Content Solutions video published Jul 11, 2018.

3) Investing
graphic: "INVESTING"  ©2017 DomainMondo.com
The Week: NASDAQ Composite -0- | S&P 500 Index -0- | DJIA +0.2%

Investing Notes: "Stick with the Winners"
Hedge Fund Billionaire Griffin Knocks Bitcoin

CNBC.com video above published Jul 18, 2018: Citadel's (domain: citadel.com) Ken Griffin is not a fan of digital currencies nor bitcoin. "I don’t have a single portfolio manager [of mine] who has told me we should buy bitcoin, not a single portfolio manager," he said at the Delivering Alpha Conference in New York on Wednesday. "I have a hard time finding myself wanting to be in a position for being a liquidity provider for a product I don’t believe in." The investor said he wishes the younger generation would focus on more productive activities than invest in digital currencies.

Griffin founded Citadel in 1990, and has a net worth of $9 billion, according to Forbes. His hedge fund firm now manages more than $30 billion in assets. One out of every five US stocks trade through Citadel Securities (domain: citadelsecurities.com) on a daily basis, Griffin confirmed. The firm’s multistrategy fund, known as Wellington, was up 1.52 percent in June and 8.79 percent during the first half of the year. More info here.

4) ICYMI Tech News:
graphic: "ICYMI Tech News" ©2017 DomainMondo.com
source: Statista.com
  • Google: "We intend to appeal."--Android has created more choice, not less | blog.google.
  • Amazon $AMZN owns 33% of the internet “cloud,” 49% of US e-commerce, and is elbowing into other sectors--WolfStreet.com. Amazon.com, Inc.'s stock market value hit $900 billion on Wednesday, threatening Apple's position in the race to be the first company with a market cap of One Trillion Dollars (US$). 
  • SeekingAlpha.com: Gaming won't save Snap $SNAP.
  • Mukesh Ambani overtook Alibaba Group founder Jack Ma to become Asia’s richest person as he positions Reliance Industries Ltd. to disrupt the e-commerce space in India--BloombergQuint.com.
  • Postmates adds another 100+ cities in the US, bringing total to 385--TechCrunch.com.
  • Amazon foes Walmart and Microsoft deepen tech partnership--the shared rivalry with Amazon ‘is absolutely core to this,’--Microsoft CEO Satya Nadella, WSJ.com July 17, 2018.

-- John Poole, Editor, Domain Mondo  

feedback & comments via twitter @DomainMondo



Macy’s Invests in Tech Startup b8ta (video)

Macy’s Invests in Tech Startup b8ta

Macy’s takes a minority stake in tech startup b8ta in an effort to expand its Market @ Macy’s, a pop-up shop within its department stores. Fortune Magazine video above published Jun 13, 2018.

Domain: b8ta.com

feedback & comments via twitter @DomainMondo



Microsoft $MSFT Quarterly Earnings & LIVE Webcast, July 19, 5:30pm EDT

Microsoft Corporation
Stock Exchange: Symbol | NASDAQ: MSFT
Principal domain: microsoft.com
Investor Relations: microsoft.com/investor

July 19, 2018 5:30 pm EDT: Microsoft Fiscal Year 2018 Fourth Quarter Earnings Conference Call with Satya Nadella, CEO, and Amy Hood, CFO--Webcast.

UPDATE: Earnings Release FY18 Q4
Microsoft Cloud Drives Record Fourth Quarter Results
Earnings Call Slides and Financial Statements
REDMOND, Wash. — July 19, 2018 — Microsoft Corp. today announced the following results for the quarter ended June 30, 2018, as compared to the corresponding period of last fiscal year:
· Revenue was $30.1 billion and increased 17%
· Operating income was $10.4 billion and increased 35%
· Net income was $8.9 billion GAAP and $8.8 billion non-GAAP
· Diluted earnings per share was $1.14 GAAP and $1.13 non-GAAP
“We had an incredible year, surpassing $100 billion in revenue as a result of our teams’ relentless focus on customer success and the trust customers are placing in Microsoft,” said Satya Nadella, chief executive officer of Microsoft. “Our early investments in the intelligent cloud and intelligent edge are paying off, and we will continue to expand our reach in large and growing markets with differentiated innovation.”

feedback & comments via twitter @DomainMondo



IBM $IBM Q2 2018 Earnings LIVE Webcast, July 18, 5pm EDT

The International Business Machines Corporation (IBM) is an American multinational technology company, founded in 1911, headquartered in Armonk, New York (US), with operations in over 170 countries.

About IBM:
  • IBM received a record-breaking 9,043 U.S patents in 2017, including 1,400+ artificial intelligence and 1,900+ cloud technology patents.
  • 50% of the world's telecommunications IT infrastructure is managed by IBM Services.
  • 87% of all credit card transactions and almost $8 trillion in payments are supported by IBM Z systems.
  • Business focus: cloud computing, AI, software and services.
  • $6.28 annualized payout has 18 years of dividend growth and a dividend yield of 4.52%. Valuation is "dirt cheap," and the dividend yield is at a 24-year high.--SeekingAlpha.com
IBM is the preferred IT provider for:
  • 92 of the world's largest 100 banks
  • 10 out of 10 of the world's largest insurers
  • 8 out of 10 of the world's largest airlines
  • 9 of the world's largest retailers
Principal domain: IBM.com.  Stock exchange: symbol || NYSE: IBM

Q2 2018 Earnings | ibm.com/investor/  Date/time: 18 July 2018,  5pm  EDT

Q2 2018 highlights:

2Q18 press release (pdf, 88 KB) and 2Q18 charts (pdf, 263 KB) (embed below)

source: Statista.com
source: Statista.com

feedback & comments via twitter @DomainMondo



Caterpillar Marine Green Technology for Ocean Vessels & Watercraft (video)

The Earl Redd Tug Equipped with Cat 3516 Tier 4 Final Power

Cat Marine video above first published Mar 13, 2018: "When we looked to move forward into the Tier 4 requirements, Caterpillar was absolutely our first choice to be able to do that with." Meet the Earl Redd, equipped with Cat 3516E Tier 4 Final engines. http://bit.ly/2pbNlgc #catmarine

Smooth Operator: Cat Three60 Pod 650 Solutions

Cat Marine video above first published Mar 9, 2018: Whether you’re docking, maneuvering through the marina, or opening up the throttle to cruise on the open water, the Cat® Three60 Pod 650 propulsion system for yachts is about comfort and confidence. Thanks to a powerful Cat® C8.7 high-performance engine, an innovative transmission with Twin Disc® QuickShift™ technology, and largest-in-class propellers for maximum efficiency, the Three60 Pod 650 makes it easy to operate like a seasoned captain on Day One. http://bit.ly/2FYE19A

Domains of companies referenced: cat.com/marine and harleymarine.com

Caterpillar shares: NYSE: CAT

feedback & comments via twitter @DomainMondo



Netflix $NFLX Q2 2018 Earnings Interview July 16, 6pm EDT

Netflix Q2 2018 Earnings Interview

Netflix Investor Relations video published Jul 16, 2018
Netflix, Inc.
  • Netflix Second Quarter 2018 Earnings Interview above. Letter to shareholders below--shares are down in after-hours trading on the NASDAQ July 16, 2018.
  • Date and Time: Jul 16, 2018, 6:00 PM EDT
  • Principal domain: netflix.com
  • Investor Relations: netflixinvestor.com / ir.netflix.com

UPDATE Netflix Q2 2018 Letter to shareholders:

Stock Exchange: Symbol || NASDAQ: NFLX
Have We Reached Peak Netflix?
Can the streaming giant keep up its scintillating subscriber growth, particularly overseas, and retain the trust of investors as it continues to spend billions of dollars a year on content? TheStreet.com’s Annie Gaus and Eric Jhonsa give their perspectives (date published June 30, 2018).

source: Statista.com
source: Statista.com
source: Statista.com
source: Statista.com

feedback & comments via twitter @DomainMondo



News Review | ICANN GNSO Struggles to Draft EPDP Charter re GDPR

graphic "News Review" ©2016 DomainMondo.com
Domain Mondo's weekly internet domain news review (NR 2018-07-15) with analysis and opinion: Features •  1ICANN GNSO Council Struggles to Draft EPDP Charter re GDPR & ICANN Temp Spec2) Other ICANN news: a. EPAG Comments on ICANN Appeal b. GDPR & ICANNno more la-la land? c. More ICANN Dysfunction? d. RSSAC Reviewe. Should the IANA Transition Be Unwound? 3) Names, Domains & Trademarks, 4) ICYMI, 5) Most Read.

20 July 2018
German Court Rules Against ICANN Again--excerpt (ICANN is the "applicant," EPAG is the "defendant") highlighting added:
More information:
ICANN's response: "In referring the matter to the Higher Regional Court in Cologne, the Regional Court did not change its original determination not to issue an injunction against EPAG. The Regional Court also rejected the alternative claims submitted by EPAG in recent court filings. Notably, the Regional Court issued this second ruling without consideration of the additional court filings submitted earlier this week by ICANN and ICANN's Intellectual Property Constituency. Those filings will be part of the record to be transferred to the Higher Regional Court for the appeal. ICANN will continue to pursue this matter as part of its public interest role in coordinating a decentralized global WHOIS for the generic top-level domain system. ICANN awaits further direction from the Higher Regional Court on next steps, which could include referring the matter to the European Court of Justice, issuing a decision based upon the papers already submitted, requesting additional briefings or scheduling a hearing with the parties."--ICANN.org
19 July 2018
EPDP Charter (pdf) and EPDP Initiation Request (pdf) Final 19 July 2018.
GNSO Council Meeting July 19 approving:
Agenda | Chat Transcript and Mp3 and Adobe Connect Recording
1. The GNSO Council hereby approves the EPDP Initiation Request and as such initiates the EPDP.
2. The GNSO Council approves the EPDP Team Charter and appoints Rafik Dammak as the GNSO Council liaison to the EPDP Team on the Temporary Specification for gTLD Registration Data;
3. The GNSO Council hereby appoints Kurt Pritz as the Chair(s) of the EPDP Team.
4. The GNSO Council directs staff to communicate the results of this motion to the GNSO SG/Cs as well as ICANN SO/ACs and to make arrangements for the EPDP Team to commence its deliberations as soon as feasible.

Statements of abstention: Ayden Fedérline (pdf) also below, and Tatiana Tropina (pdf). Stephanie Perrin also abstained (beginning at 1:01:07 on the Adobe Recording above).

18 July 2018
The ICANN Intellectual Property Constituency (IPC), mostly trademark lawyers, apparently not satisfied with how ICANN and its law firm, Jones Day, are arguing their case in Germany, have joined the fray through their own submission (English excerpt above) to the Court in Germany. The filing is in German (pdf), with an unofficial English translation (pdf) provided by ICANN on the ICANN v. EPAG Domainservices, GmbH litigation page.

The draft EPDP Charter (now includes the "scope") and the EPDP initiation request will be considered by the GNSO Council at its meeting Thursday, July 19 (12:00 UTC).

17 July 2018:
Ok, I will surrender to the will of the group (as usual). Just out of interest though, who of you who said lets all trust in good faith are planning to work on the EPDP? there is nothing like eating your own cooking to improve the drive for perfection.....  The purpose of a well scoped Charter and set of deliverables is to make the task of the working group clear and simple. I humbly submit, for the record, that we have left a number of vague terms and timing criteria in there, and it may cause problems later. A stitch in time saves nine, as the old proverb says.-Cheers Stephanie Perrin

16 July 2018--before it's even 'out the gate' (EPDP Charter not yet adopted), the dysfunctional ICANN Community's EPDP (expedited policy development process) may already be "off the rails"--
"I would just like to remark that we were plagued in the [failed] RDS PDP with a plethora of security folks...researchers, contractors, corporate types, etc. who advanced only one point of view....keep open access to WHOIS, it is a) easy for us b) free c) uncomplicated, we have already built our ML and Analytic systems around it d) we need (name a product ) from the existing value added service providers (e.g.Domain Tools), e) criminals will take over the world if you don't listen to us. These are legitimate concerns, but if we are importing a whole range of actors from several ACs (GAC, ALAC, RSSAC, SSAC c.f. recent document SSAC 101) advancing the identical security specialist's viewpoint, which we ought to recognize by now ignores DP [Data Protection] law, I think we have destroyed the GNSO balance and are likely to revisit the morass we fell into on the RDS group. Now, I don't really care if the temp spec falls away because we either can't reach consensus, or wind up with a product that will not stand up in Court. However, the GNSO and ICANN ought to care deeply. So if we accept RSSAC can we limit the influence they will have on the consensus calculus, if I am correct in my fears? it is probably too late to try to exercise any restraint on the other parties (so far over five years, my batting average on risk assessment is really pretty outstanding. Nobody is listening yet....)"--Stephanie Perrin, July 16, 2018  (emphasis and link added). [Editor's note: Stephanie Perrin is one of the few people (perhaps the only person) at ICANN (community, org, or Board) who has the requisite knowledge about data protection laws to have a competent understanding of how the GDPR applies to ICANN and its contracted parties (registry operators and registrars) re: gTLD registration data. The incompetent ICANN management team failed to educate itself or the ICANN community about GDPR law in the two-year period leading up to the enforceable date of May 25, 2018, unlike Salesforce.com Inc., and other responsible multi-national corporations with competent leadership, headquartered in California, who undertook extensive GDPR education programs for management, staff and stakeholders, during the two-year period leading up to May 25, 2018.] 
Apparently former ICANN Chief Strategy Officer Kurt Pritz, who resigned due to a never disclosed "conflict of interest" (during Fadi Chehade's term as ICANN CEO) and is known as the "architect" of ICANN's disastrous new gTLDs program, has already been selected to be the Chair of the EPDP working group (yet to be formed). DomainIncite.com broke the story based on "sources" who say the GNSO Council leadership selection committee made the decision "minus Pritz’s wife, Donna Austin," (who works for domain registry services provider Neustar a/k/a ARI Registry, and is a GNSO Vice Chair), who "recused herself." Editor's note: there's nothing quite like incestuous ICANN--selection of a conflicted problem-plagued ex-employee / ex-officer of ICANN, to be Chair of its most important ICANN community working group! What could go wrong?

The latest version of the EPDP Charter (draft) can be found here according to ICANN staff. As to the missing (and all-important) "Scope section," Keith Drazek (Verisign) reported July 16, "The scope section is now stable and will be ready for inclusion in the full charter document by COB today." Later--Monday Jul 16 22:13:44 UTC 2018--Drazek said:
"The current version of the scope document (pdf) is the result of several weeks of work and substantial compromise, and, as discussed on our Wednesday Drafting Team call, the deadline for substantive comment was Friday. I worked over the weekend to incorporate the comments I received, doing my very best to find the right balance. I believe the scope section is as close as we will get without putting our Thursday vote at serious and certain risk. We are likely all equally unhappy with various parts of it, but sometimes that’s the nature of our work. I am finished with the scope document and it is now with Council leadership and staff for adding to the master Charter document." (emphasis and link added)
Another comment: "To me, the goal of the Temp Spec and this EPDP effort is very simple: to comply with the law. 'Avoid the fragmentation of WHOIS' or the idea of harmonization as a premise or goal is fundamentally flawed. As you know, there is already fragmentation of WHOIS in the cc world. As far as I know, .JP does not even have a WHOIS service. More importantly, I would like to point out the latest guidance regarding Codes of Conduct and Accreditation in the EDPB letter (see page 6 https://www.icann.org/en/system/files/correspondence/jelinek-to-marby-05jul18-en.pdf). Specifically: 1. Certification and/or accreditation are voluntary measures, not mandatory. 2. The responsibility for designing a model that will provide the assurance [of compliance with the GDPR] is, in the first instance, up to the data controllers. The previous language and your latest suggested language pre-suppose there should be a "community-wide model for access or similar framework", which in my view, is inconsistent with the above guidance."--Pam Little (emphasis added)

Desperation started to set in late Monday, comment posted by Heather Forrest, GNSO Chair: 
"... The weight of the task is pushing us to our limits, and it kills me to see the significant efforts at compromise from Panama and the two weeks since come undone in the final 3 days. We've said many times - but I'll repeat it here as now it's urgent and very real - that the community's perception of the Council's ability to deliver on its Bylaws mandate by running this EPDP is at stake on Thursday. If we are unable to agree on the charter, there is a live risk that Pandora's box opens. We had a text that was fairly stable as of Sunday, based on the timeline that we agreed in the DT call last Wednesday. We need to resist the temptation of usurping the work of the EPDP Team. If language is redundant,they will work around it. If it is not perfect, we will empower them to refine, and come back to Council with questions where necessary. Let's get this team started, and see if these last minute issues are truly obstacles to their work. If we do not get them started, we may never find out. If you are willing to work with the text we have as per Keith's Sunday email and let the Team push forward, now is the time to speak up."

Original Post:
Editor's note: ICANN is proving yet once again how incompetent and unfit it is for the role it was given by the U.S. government in 1998 and then completely unleashed in 2016 by the U.S. government to wreak even more havoc on the internet's infrastructure and the global internet community, including domain name registrants worldwide. This week's News Review gives readers updates on:
  • The status of the dysfunctional ICANN community's Expedited Policy Development Process (EPDP) which is one of many consequences of ICANN's incompetent management team wasting 2 years and failing to properly prepare for the European Union's GDPR which became  enforceable May 25, 2018. The EPDP timeline is so short, and the process so rushed, that the GNSO Council has already issued a "Call for Volunteers" though the Council has yet to adopt a Charter for the EPDP;
  • An update on ICANN's legal action in Germany against domain name registrar EPAG (affiliate of Tucows) which chose to comply with EU law (GDPR) instead of ICANN's unlawful contractual terms, temporary specification, and policies;
  • There's much more illuminated in this week's News Review, including this quote, at 2)d. below:
"Root ops [root server operators] are concerned that ICANN does not have the best interests of everyone at heartHaving root servers independent is criticalICANN is corrupt and can’t be trusted."

1)  ICANN GNSO Council Struggles to Draft EPDP Charter re GDPR & ICANN Temp Spec
ICANN's GDPR Train Wreck  ©2018 DomainMondo.com (graphic)
No EPDP (expedited policy development process) Charter yet, but GNSO Council issued a "Call for Volunteers" 12 July 2018:

See also:

2) Other ICANN News
graphic "ICANN | Internet Corporation for Assigned Names and Numbers"
a. German Registrar EPAG Comments on ICANN Appeal--English translation (pdf)--excerpt:
"Contrary to what the Applicant [ICANN] claims, the Article 29 Working Party has not issued a clean bill of health for the Applicant's modified use of data. On the contrary: the European Data Protection Board [EDPB]- the successor of the Working Group – again delivered an opinion to the Applicant in a letter dated July 5, 2018 – and also referred to the present proceeding. A copy of the letter is handed over as Appendix AG 5.
"In the letter, the Board [EDPB] rejects any attempt to misinterpret the Board's opinions on specific issues as implicit "waving through" data processing; 
"Needless to say, the issues identified here are without prejudice to additional issues, further inquiries or findings being made by the EDPB or its Members at a later date.” (Appendix AG 5, p. 1; translation by the signatories). 
"In its letter, the Board expressly points out that the Applicant [ICANN] does not sufficiently distinguish between the Applicant's own and third parties’ purposes for processing and that it is not the task of the board, but rather the Applicant is to define retention periods."
Affidavit submitted on behalf of EPAG (English translation):

The 5 July 2018 EDPB letter (pdf) was also submitted by ICANN (after EPAG's submittal referenced above), along with more ICANN counsel's commentary differing with EPAG's comments. Copies of the filed documents (in German with some translated into English) are available on the ICANN litigation page ICANN v. EPAG Domainservices, GmbH.

b.  GDPR & ICANN: no more la-la land for ICANN's incompetent management team? 
"[T]he European Data Protection Board (EDPB) effectively said it [ICANN] needs to go back to the drawing board to make its rules around the collection and use of WHOIS data compliant with the General Data Protection Regulation (GDPR) ..."--Dublin-based Karen Gallagher of Pinsent Masons, an expert in data protection and intellectual property law, more infra--
"The EDPB's letter to ICANN 5 July 2018 (8-page / 737KB PDF) sets out a clear position on a number of queries that had been raised by ICANN. The watchdog said:
  • ICANN needs to define its specified purposes and lawful basis for processing personal data and should not conflate this with the legitimate interests and purposes of third parties who may subsequently seek access to the data;
  • that there is no basis for ICANN to insist upon the provision of additional information on administrative and technical contacts from registrants;
  • that the fact that registrants may be legal persons does not take WHOIS outside the scope of GDPR where ICANN is processing personal data relating to individuals within those organisations, and therefore the personal data of such individuals should not be made publically available by default; 
  • that ICANN is required to log access to personal data, but does not necessarily need to actively communicate (push) this log information to registrants or third parties;
  • that ICANN has failed to justify why it is necessary to retain personal data for two years post the expiry of the domain name registration ....
"The need for ICANN to move away from its model of unlimited publication of the contact details of domain name registrants has been in the cards for quite a while. The EDPB noted when commenting on its letter that its predecessor, the Article 29 Working Party, has been offering guidance to ICANN on how to bring the database into compliance with EU data protection law since 2003."--out-law.com 10 Jul 2018 (legal news and guidance from international law firm Pinsent Masons) (emphasis added).

c. More ICANN Dysfunction?
See also: Request 20180610-1, George Kirikos Request (10 June 2018) [PDF, 54 KB], and Response (10 July 2018) [PDF, 155 KB].

d. RSSAC ReviewInterisle Consulting Group, LLC, the independent examiner performing the second Root Server System Advisory Committee (RSSAC) Review, published its final report [PDF, 2.58 MB]. The RSSAC Review Work Party (RWP) will prepare a feasibility assessment and initial implementation plan (FAIIP) based on the final report. This will include an analysis of recommendations in the final report for usability and prioritization, provisional budget implications, anticipated resources and the proposed implementation timeline. Interisle and the RWP respectively will then present the final report and the FAIIP to the ICANN Board's Organizational Effectiveness Committee (OEC). The OEC will make a recommendation to the Board on next steps.--ICANN.org.

Quotes from the report--
"Root ops [root server operators] are concerned that ICANN does not have the best interests of everyone at heartHaving root servers independent is criticalICANN is corrupt and can’t be trusted." (page 22 of 79)(emphasis added)
"Our research did, however, reveal a high-level concern about oversight:
"The NTIA contribution to the RSSAC was not just oversight. NTIA didn’t represent
“governments”, but they were aware of the issues that concern governments, and that
perspective is no longer at the table."
"No single entity now has complete oversight of the root server system. NTIA had that role (nominally) before the transition; no one has it now. The ICANN Board should not be expected to take on that responsibility." (p. 26 of 79) (emphasis added)
e.  Should the IANA Transition Be Unwound? Editor's note: Deadline to respond to the NTIA notice of inquiry (pdf) is July 17, 2018, 5:00 pm EDT. More info here. Read the ICANN Board's weak defense of incompetent and "corrupt" ICANN here (pdf).

3) Names, Domains & Trademarks
graphic "Names, Domains & Trademarks" ©2017 DomainMondo.com
a. Google Asks SEOs if Domain Changes Result in Loss of Traffic--"For the most part, SEOs agreed that domain [name] changes carry a lot of risk and will almost always result in a loss of traffic."--SearchEngineJournal.com (emphasis added).

b. Malformed Internationalized Domain Name (IDN) Leads to Discovery of Vulnerability in IDN Libraries--farsightsecurity.com. Editor's note: more ICANN incompetence revealed.

c. Top 20 countries with highest number of internet users--internetworldstats.com: 1) China, 2) India, 3) U.S., 4) Brazil, 5) Indonesia. More analysis at DataTrekResearch.com. Editor's note the missing ingredients include: 1) how are users in each country accessing the internet (percentage that have mobile wireless access only) and at what speed (3G or 4G)?--here's an account of what most internet users in the world deal with; 2) What is the average user spending online in each market? The differences in markets (economic factors such as GDP per capita, online spending, etc.), demographics, internet speed availability (e.g., 4G vs 3G),  presence of censorship (lack of free speech), are some of the many variables that differentiate internet users located in different parts of the world.

d. Google's Chrome browser now runs a different browser process for each internet domain, "Site Isolation," which is now enabled by default, and provides a defense against Meltdown and Spectre attacks--bleepingcomputer.com.

e. ICYMI: Interview of Domain King Rick Schwartz (podcast) | domainnamewire.com

4) ICYMI Internet Domain News 
graphic "ICYMI Internet Domain News" ©2017 DomainMondo.com
a. Cyberspace Lost: "The internet did not develop as [Perry] Barlow had hoped, as Jacob Mchangama illustrates in the latest episode of his podcast, Clear and Present Danger: A History of Free Speech. He notes that the “digital promised land turned into a dystopia of surveillance, disinformation, trolling and hate, to which governments responded with increasingly draconian measures”--Cato.org.

b. "Rampant data collection, surveillance, and censorship may have shattered idealistic notions of the internet's liberating potential. Nevertheless, the internet continues to present an ever-expanding threat surface for authoritarian regimes and information monopolists"--cfr.org.

c. Ugandan social media tax and VPN blocks represent an attack on internet freedom--bestvpn.com.

e. "Being an Afghan or Pakistani woman online attracts prejudice, even danger. But for many, technology is freedom from the past"--indexoncensorship.org.

f.  Zambia is the latest African state trying to muzzle social media with arbitrary laws--qz.com.

g. U.S. intel chief warns of devastating cyber threat to U.S. infrastructure--reuters.com.

h. High-level Panel on Digital Cooperation was established by United Nations Secretary-General Antonio Guterres on 12 July 2018. Editor's note: this group should be watched closely since former ICANN CEO Fadi Chehade is involved. Chehade also served as an advisor to China's Wuzhen Initiative a/k/a Wuzhen Summit a/k/a World Internet Conference. For more on Chehade's shenanigans with China read The Firewall Awakens: ICANN's exiting CEO takes internet governance to the dark side by Kieren McCarthy, The Register: "Chehade knows only too well what this initiative means and represents. Combined with the closed organizing committee, and the closed "advisory committee," the setup is little more than a Chinese-government-run effort to influence global internet governance."

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