News Review | Law Firm Conflicts of Interest in ICANN GNSO EPDP

graphic "News Review" ©2016 DomainMondo.com
Domain Mondo's weekly internet domain news review (NR 2019-05-26) with analysis and opinion: Features • 1) Law Firm Conflicts of Interest in ICANN GNSO EPDP, 2) a. ICANN Board Report, b. .AMAZON Call to Action, c. Root Server System,  3) a. The Power of .COM, b. Verisign $VRSN, c. Tucows $TCX, 4)ICYMI: DNS Hijacking, and more, 5) Most Read.

1) Law Firm Conflicts of Interest in ICANN GNSO EPDP
May 2, 2019, EPDP Meeting (chat transcript excerpt below) re: Bird & Bird legal memos:
EPDP Meeting May 2, 2019, Notes and Action Items: Questions for ICANN Org: "Is there an attorney-client relationship between ICANN Org and Bird & Bird?

Answer May 23, 2019 from ICANN Org: "In light of your recent question, “Is there an attorney-client relationship between ICANN Org and Bird & Bird,” and related communications on the EPDP Team list, we wanted to provide this background. ICANN org retained the law firm of Bird & Bird as an additional expert to help advise on GDPR matters, including advising the EPDP Team. There is an attorney-client relationship between ICANN org and Bird & Bird. In connection with this engagement, Bird & Bird is providing analysis on issues related to the EPDP’s work that is being shared with the EPDP Team. In announcing this engagement to the EPDP Team, ICANN org noted that ICANN has used the services of Bird & Bird in the past in a similar engagement, in providing public advice to the community Thick WHOIS Implementation Review Team. Given the positive experience with working with Bird & Bird on that public advice, Bird & Bird’s understanding of ICANN and its ecosystem, as well as its deep expertise in international privacy and data protection matters, ICANN org determined that the Bird & Bird team could help provide additional expertise to advance the efforts of ICANN org and the GNSO Expedited PDP Team. Members of the EPDP Team’s legal committee proposed using the same independent outside counsel for both the EPDP Team and ICANN Org. To that end, in the “Considerations for Procurement of Legal Services” document compiled by Kurt Pritz, the Phase 1 Chair [Editor's note: Kurt Pritz is ICANN's 'King' of secret undisclosed conflicts of interest], which incorporated the Statement of Work [pdf, highlighting and bold added] written by Stephanie Perrin and Diane Plaut, as well as a note on Conflict (by Margie Milam), and on possible efficiencies by Thomas Rickert, it was noted that the same outside counsel could be used for both the EPDP Team and ICANN org. The notes to ICANN included in the “Considerations” document stated that it was the EPDP Team’s belief that both ICANN org and the EPDP Team would require answers to the same or similar questions and that, therefore, reaching out to one firm might avoid duplicate costs and also potentially conflicting advice. I hope that this background is helpful. Please let us know if you have further questions or wish to discuss this topic further."--ICANN Org liaisons Trang Nguyen and Dan Halloran. (emphasis. link, and [notes], added)

Excerpt from that Kurt Pritz email of Jan 7, 2019 to Dan Halloran (ICANN legal) referenced above:
"... To the Legal Team, I apologize that this document does not encompass all the thought that has gone into this effort or did not consult with you on this document but I wanted to get something to ICANN to expedite the procurement."
Editor's note: this is another example of the dysfunctional EPDP Phase 1 chaired by Kurt Pritz, as enabled by GNSO Council and ICANN Org, now bogging down Phase 2, as indicated herein, and here and here.

Excerpt from the aforesaid Statement of Work:
Follow-up on the EPDP public mail list from Stephanie Perrin (NCSG), May 24, 2019:
"Thanks for this explanation Marika [email above from ICANN Org liaisons Trang Nguyen and Dan Halloran]. What is the precise date of the previous engagement with Bird and Bird re Thick transition?  I would point out that while you put my name first, I was not the principal penholder on that document [Statement of Work (SOW)], Diane [Plaut] did all the heavy lifting. I think a few learnings discussed prior to jumping into phase 2 might be helpful here.  Some have been addressed already no doubt, but forgive me for repeating them in this roundup:
1.  We have asked some remarkably basic questions in the past. (e.g. to Chris Kuner in the RDS group days).  This is a waste of money in my view.  We need to focus on good questions.  The legal subcommittee is helpful in weeding these unfortunate questions out, but the committee as a whole need to also vet the questions.
2.  We need to watch very carefully for hidden policy decisions/assumptions, both in the legal questions we ask, and in the technical approaches we assume we are taking, that are in fact resting on policy decisions/assumptions that have not been approved by the GNSO Council.  In my opinion, a test should be applied as we go through our work to help discern these buried assumptions. Should not be hard to develop this, and would prevent us having to constantly rehash things.
Update: and this from Ayden Férdeline (NCSG) on May 25, 2019:
"I have been reviewing the legal subcommittee's mailing list in order to better understand how this situation has arisen, and I came across [this email](https://mm.icann.org/pipermail/gnso-epdp-legal/2019-January/000012.html) from the previous Chair (emphasis added): "To keep the ball rolling on the procurement of legal services, I am attaching a document to aid in the effort. ... To the Legal Team, I apologize that this document does not encompass all the thought that has gone into this effort or did not consult with you on this document but I wanted to get something to ICANN to expedite the procurement."
"Given the situation we find ourselves in now, I am hoping someone may be able to clarify what input from the legal subcommittee on the matter of legal services procurement was not taken forward. I am quite out of the loop as to how the legal subcommittee interacts with outside counsel, and so I am hoping someone can also clarify for me what interactions the subcommittee has (if any) with Bird and Bird directly? I imagine it would be helpful and most efficient for there to be a continuous, factual dialogue between the subcommittee (as client) and Bird and Bird (as attorneys). I'm not sure that's happening, or can happen, if the client is instead ICANN org. We might want to consider what a better mechanism may be to facilitate factual dialogue between the subcommittee and Bird and Bird moving forward. And I really want to emphasize that this should be factual dialogue so that all the facts are on the table, and not an opportunity for any stakeholders to attempt to persuade external counsel to take a particular position." (emphasis added)
See Domain Mondo's News Review ... 2) EPDP Needs Independent Legal Counsel (March 31, 2019):
"... Editor's note: the most recent Bird & Bird memo dated 8 Mar 2019 "Advice on the legal basis for transferring Thick WHOIS" is indicative of the problems in having the EPDP team use ICANN Org's counsel (Bird & Bird) for legal advice. This March 8th memo is troublesome, in part, because it appears to approach its analysis cognizant of ICANN Org's known preference for a thick Whois model, and states one or more substantive factual errors ...."
Next EPDP Meeting May 30, 14:00 UTC (agenda, audiocast info, etc., at link). Notes and action items from the previous meeting of May 23, 2019. EPDP meeting recordings and transcripts (when available) are posted on the GNSO calendar. EPDP Links: wiki, public mail list, GNSO mail list.

Note also
  • 23 May 2019 Letter from RrSG Chair Graeme Bunton to ICANN GDD Sr VP Cyrus Namazi: "I'm pleased to inform you that the Registrar Stakeholder Group has again decided to voluntarily extend the specification for Privacy and Proxy services contained within the 2013 RAA for 19 months, with a new expiry date of Jan 31, 2021. The RrSG recognizes that considerable work has gone into both the policy development process and the implementation process for a new Privacy and Proxy service regime. We also appreciate the community's patience as Registrars, ICANN org, and the rest of the community work to resolve tensions between the PPSAI disclosure framework, GDPR, and the work of the EPDP phase 2. It is in acknowledgement of this continued work that we have decided to continue to extend the specification."
".... In the year since it went into effect, GDPR has been an important catalyst for progress in privacy protection. Countries around the world have implemented new laws that reflect the new understanding people have for privacy in our digital era. Some companies are doing a better job of handling sensitive personal data and they have delivered new tools that make it easier for people to manage and control their personal information. Now it is time for Congress to take inspiration from the rest of the world and enact federal legislation that extends the privacy protections in GDPR to citizens in the United States."
  • New cyber insurance platform offers quotes using single piece of data--the domain name--canadianunderwriter.ca: "... one question – which is their domain name, their web address, their URL – and we are using that information to instantly digitally footprint the organization,” Graeme Newman, CFC’s chief innovation officer, told Canadian Underwriter.We can get this huge volume of data, all within a short space of time based on just one piece of information.” 
  • GDPR fines levied so far: The lessons businesses can learn--techrepublic.com: "... storing over nine million records of personal contact information on its information technology systems that it no longer needed. The data should have been deleted after it was no longer needed for regular business purposes, as described by the GDPR, but the company failed to comply ..."

2) Other ICANN News
graphic "ICANN | Internet Corporation for Assigned Names and Numbers"
a. ICANN Executive Team Report to the ICANN Board April 2019 (pdf) 75 pp.
 ICANN Executive Team Report to the ICANN Board April 2019
As of 31 December 2018, ICANN org had 390 active staff, 74% in North America, 10% in Europe, 7% in the Middle East & Africa, 7% in Asia Pacific, 3% in Latin America & Caribbean (p.4).
"TOP ISSUES & MITIGATION: Following Akram Attalah’s departure, I appointed Cyrus Namazi to the newly created position of Senior Vice President of the Global Domains Division (GDD). I’ve also tasked David Conrad, Chief Technology Officer (CTO), with permanently overseeing the IANA services."--Goran Marby, ICANN President & CEO (p. 3).
Funds under management (p.72 of 75) in millions USD, unaudited:

b. .AMAZON Call to Action: 
ICANN’s final decision is a disappointment for ACTO, the coalition of South American countries which had rejected what it called “the monopoly of one company” and the “appropriation” of the “geographical names of the states, without their due consent,” arguing the nations had a right to participate in the domain’s governance. The Ecuadorean ambassador to the US wrote to ICANN's GAC Chair in March (pdf), saying the coalition was “not looking for financial compensation,” but that the matter was one of “sovereignty.” See also Amazon wins domain name dispute with Latin American governments--ft.com, and Retailer Amazon nears victory in rainforest battle over domain name--reuters.com: "Amazon basin countries Brazil, Bolivia, Peru, Ecuador, Colombia, Venezuela, Guyana and Suriname have argued that it ["Amazon"] refers to their geographic region and should not be the monopoly of one company" (emphasis added).

Editor's note: In addition, the .AMAZON applications now violate Specification 13 and ICANN is in violation of its Articles and Bylaws by failing to properly publish for public comment the recent PICs proposed by applicant Amazon EU S.à r.l:
 ICANN "this page does not exist"

FastCompany.com: "Now’s your chance to tell ICANN how you feel about Amazon’s domain battle with the rain forest"--excerpt below from comments being filed at ICANN:
 Comments re: .AMAZON at ICANN.org (graphic)

Editor's note: and then we have this written by a former ICANN Board member who doesn't even know what the acronym 'ICANN' stands for.  As I've said before [3) .AMAZON Chaos], the .BRAND new gTLD program was a MISTAKE from the beginning, a CORRUPTION of "the concept of generic top-level domains (gTLDs) as set forth in RFC 1591 written by Jon Postel, which predates the formation of ICANN and its "Californication" of the internet and global DNS. I'm with the South American countries. ICANN should do the "right thing" for once and end the .BRAND gTLD program, refund the application fees, and "undelegate" all .BRAND gTLDs from the internet "root," while allowing every owner of a distinctive trademark to block use of that mark as a gTLD in the future. End the ICANN extortion racket -- see .PING testimony."

See also Amazon Is Flooding D.C. With Money and Muscle: The Influence Game--bloomberg.com. Amazon.com, Inc., lobbied “more government entities than any other tech company in 2018 ... Over the last six years, Amazon has increased lobbying spending by about 460%."

c. Evolving the Governance of the Root Server System--ICANN.org. Public Comment closes 9 Aug 2019.

3) Names, Domains & Trademarks
graphic "Names, Domains & Trademarks" ©2017 DomainMondo.com
a.  The Power of .COM--".COM has 39% market share [of all TLDs globally], is used by 69% of startups, and gets 82% of the funding!"-- see more herehere, and here.

b. Verisign $VRSN Registry Operator of .COM
Tracking Warren Buffett's Berkshire Hathaway Portfolio's $VRSN Holdings Q1 2019 Update--Berkshire's $VRSN shares were first purchased in Q4 2012 at prices between $34 and $49.50. The position was more than doubled in Q1 2013 at prices between $38 and $48. The buying continued till Q2 2014 at prices up to $63. The stock currently trades at ~$198, and the Berkshire position comprises 1.18%  of the Berkshire portfolio and about 10% of all Verisign shares.

c. Tucows $TCX Q1 2019: Management posted responses to follow-up questions on the Tucows  investor relations website, on Tuesday, May 21, 2019. The Q&A is available as an audio file or transcript. Excerpt re: acquisition of registrar ascio.com -- "Ascio contributes a little under $4 million in cash EBITDA on a run rate basis, and in addition, will provide synergies of a little over $1 million, through the next 12 to 18 months, from replacing overhead costs of the previous owners on a more cost effective basis, and being able to apply some of the talent in the Copenhagen office more broadly over the entire wholesale business." Editor's note$TCX was recently upgraded to Buy from Hold at Echelon.

4) ICYMI Internet Domain News 
graphic "ICYMI Internet Domain News" ©2017 DomainMondo.com
DNS Hijacking: What Is It and How Does It Work Anyway?--securityboulevard.com.

How (and Why) to Change Your DNS Server--the Domain Name System (DNS) is an essential part of internet communications. Upgrading to a better DNS server can make your surfing both faster and more secure.--pcmag.com.

U.S. declines to back Christchurch call to stamp out online extremism amid free speech concerns. See also Don't Let Zuckerberg Kill Free Speech--realclearpolitics.com.

China: Google’s Censored Search Engine Would Have Helped China “Be More Open,” said ex-CEO Eric Schmidt--theintercept.com. See also Great Firewall scorches China’s ‘open society’--asiatimes.com.

The Impermanent Internet--thesis: the permanent social internet is dying, the impermanent social internet will need to replace it, and it will be even more difficult to make money on such an internet than it was before--mikeisaac.substack.com.

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

-- John Poole, Editor  Domain Mondo 

feedback & comments via twitter @DomainMondo



Tech Review | The Future of Facial Recognition AI Software (video)

graphic "Tech Review" ©2017 DomainMondo.com
Tech Review (TR 2019-05-25)--Domain Mondo's weekly review of tech investing news: Features • 1) The Future of Facial Recognition AI Software, 2) How Amazon Is Fighting Rakuten For E-Commerce In Japan, 3) Investing: The Week & Investor Notes: China running out of runway, 4) ICYMI Tech News: Twitter, Amazon, Google, IBM, Red Hat, Huawei, Facebook, T-Mobile, Spacelink, and more.

1) The Future of Facial Recognition AI Software

San Francisco is the first American city to ban facial recognition software used by police and other agencies. Bloomberg QuickTake explains why the technology's advance is so alarming to regulators, the public, and even the people developing it. Bloomberg.com video above published May 16, 2019.

2) How Amazon Is Fighting Rakuten For E-Commerce In Japan

Amazon is involved in around half of all e-commerce transactions in the United States, but in Japan it faces competition from Rakuten (rakuten.com). The Japanese e-commerce giant has a loyalty program and a suite of products including its own credit card, online bank and streaming services. In recent years, Amazon’s superior logistics capabilities and focus on price have allowed the company to capture greater market share. This video shows how the two e-commerce giants are borrowing the most successful parts of each other’s models as they look to the future. CNBC.com video above published Apr 30, 2019.

3) Investing
graphic: "INVESTING"  ©2017 DomainMondo.com
The Week: NASDAQ Composite -2.3% | S&P 500 Index -1.2% | DJIA -0.7%
"The yield on the S&P 500 is getting close to Treasuries." 
Investor Notes: China running out of runway in U.S. Trade War.

China is running out of options to hit back at the United States without hurting its own interests, as Washington intensifies pressure on Beijing to correct trade imbalances in a challenge to China’s state-led economic model. Even Lloyd Blankfein is now a Trade Warrior.

Trade war can seriously derail China economic development, according to Mohamed El-Erian--China could slip into a middle income trap if trade war persists, but by ending the trade war,  El-Erian believes China could regain its economic momentum--scmp.com. Why an economic war with the US blows China up--zerohedge.com.
"The US is willing to take a short-term hit in the form of higher consumer prices, and welcome inflation, from Chinese imports until global supply chains re-adjust and new domestic and international lines open, knowing the long-term damage is limited. Meanwhile, the hit to China is long-term and directly on production, thus right across the economy right at the most difficult phase of economic transition. Chinese economists are talking about a 1-2% hit to GDP. I suspect much more plus increased domestic social and political tension. Xi is in more trouble than we think."--Bill Blain 
Eurozone banking at risk of dangerous fragmentation, ECB warnsEuro hits 20, but will it make 30?--dw.comFrench Incomes Are Below America's Poorest States... And The Protesters in France Know It.

Brexit: Watch the European election results, particularly from the UK, to be released late Sunday May 26. See also: Why Freedom From Brussels' Tyranny Is Worth A Small Loss Of British GDP, and UK Prime Minister Theresa May resigns after having failed to deliver Brexit. Conservative Party successor in place by late July, without need for a general election, is likely to be Boris Johnson who has indicated that leaving the EU without a deal ("no deal Brexit") is a possibility.

Beware M&A:
  • Occidental's Big Mistake: Overpaying For Resources In An Age Of Energy Abundance--seekingalpha.com.
  • Bayer's Acquisition Of Monsanto May Have Sown The Seeds Of Bayer's Own Destruction--seekingalpha.com.

4) ICYMI Tech News:
graphic: "ICYMI Tech News" ©2017 DomainMondo.com
How Twitter Became Ubiquitous in Japan--a look at Twitter in Japan, its second-largest market, raking in $136M in Q1 revenue, where the service has mass appeal and many users have multiple accounts--bloomberg.com.

E-commerce sales in the U.S., over the past five years have doubled. On a seasonally adjusted basis, e-commerce sales in Q1 2019 hit an all-time high of $137.7 billion. "E-commerce sales" include sales by the online operations of brick-and-mortar retailers Walmart, Home Depot, BestBuy, and Macy’s, which operate the fourth through seventh largest e-commerce websites in the U.S., behind Amazon, eBay, and Apple.--wolfstreet.com.

Out of 50 of the largest companies in the U.S., the highest median employee pay in 2018 was at Texas-based oil giants not Silicon Valley tech giants.--bizjournals.com.

Google has had a huge run, and with financial and potential political challenges looming, now looks like a good time to sell $GOOG, $GOOGL--SeekingAlpha.com.

IBM and Red Hat after IBM's acquisition of Red Hat is complete later this year--zdnet.com.

By 2023, Uber Eats may own 25% of the global food delivery industry worth $191B, but both DoorDash and GrubHub make more sales, and DoorDash is growing fastest--fortune.com.

Huawei: Wi-Fi Alliance, semiconductor standards body JEDEC, and SD Association suspend Huawei's membership, which will limit Huawei's future ability to shape these standards. U.S. Tech Companies Begin to Cut Off Huawei. Experts are skeptical of Huawei's claims that it can ensure a steady components supply without U.S. tech, saying Huawei will struggle to replace chips, lasers, other parts. For example, Huawei relies on chip design software from the American global "gold standard" market leaders Cadence Design Systems Inc. (NASDAQ: CDNS), and Synopsys Inc. (NASDAQ: SNPS), used by manufacturers worldwide.

Note alsoGoogle reportedly suspended business with Huawei that requires the transfer of hardware and software products except those covered by open source licenses.

China's tech transfer problem is growing, says EU business group. European firms are reportedly increasingly required to transfer technology in China in order to gain access to the Chinese market.

Facebook has apparently formed a new financial tech firm, Libra Networks LLC, according to a filing on the Geneva Commercial Register.

T-Mobile (63% owned by Deutsche Telekom AG) got a big boost from FCC on the Sprint deal.

Google Chrome browser pushes "SameSite" cookie security overhaul--an IETF standard called SameSite (RFC6265bis)--which Google and Mozilla have promoted since 2016 and Google has announced it will start pushing more aggressively in Chrome from version 76 this July--nakedsecurity.sophos.com.

SpaceX launches first satellites for Musk's Starlink internet service (domain: starlink.com). Competitors include Airbus SE-backed OneWeb which launched satellites in February, LeoSat Enterprises (domain: leosat.com), and Canada’s Telesat (domain: telesat.com).

Smart Redesign: in a letter to employees, Ford CEO Jim Hackett confirmed:
"... we will have eliminated about 7,000 salaried positions or about 10% of our global salaried workforce. This includes both voluntary and involuntary separations over the past year. Within that total, and consistent with our goal to reduce bureaucracy, we will have reduced management structure by close to 20%. This will result in annual savings of about $600 million ..."
Personal tech:
  • 10 best cheap phones: for summer travel, leave your $1,000 iPhone or Galaxy at home. Editor's note: my 'short list'--LG K30 – 16 GB – Unlocked (AT&T/T-Mobile/Verizon) ($139.99) or  Unihertz Jelly Pro The Smallest 4G Smartphone in The World, Android 7.0 Nougat Unlocked Smart Phone with 2GB RAM and 16GB ROM ($124.99). Almost everyone could use a second "backup phone" / "emergency phone" / "vacation phone" anyway.
  • Personal security: hacker steals $1 million using just a phone number--bitcoinist.com.

-- John Poole, Editor, Domain Mondo  

feedback & comments via twitter @DomainMondo



Data Privacy & Protection | Will The European Union's GDPR Go Global?

One year on, can GDPR go global? Should it?

It’s been one year since the EU’s landmark privacy rules called GDPR went into effect. Now other countries, including the U.S., are looking to adopt their own versions of the law. CNBC.com’s Elizabeth Schulze reports. CNBC International video published May 22, 2019.

See also:
How Silicon Valley gamed Europe’s privacy rules--"The region’s data protection overhaul was supposed to help citizens. Instead, it’s helped Big Tech."--politico.euEditor's note: some are now saying GDPR has actually helped big tech companies enlarge their dominance in the digital data economy while smaller companies have suffered from GDPR complexity and its relatively high compliance costs.
Ireland's Data Protection Commission, the lead EU data protection authority (DPA) for Google, has announced an investigation into Google's online advertising data collection. 

feedback & comments via twitter @DomainMondo



Why Most Eyeglasses Are So Expensive (video)

Why Glasses Are So Expensive

In 2017, Italian eyewear behemoth Luxottica announced a merger with Essilor, a French lenses manufacturer, a $49 billion merger that furthered Luxottica's entrance into all facets of eyewear, from design, to manufacturing, to retail. Though the merger was approved by several major international trade commissions, including the FTC, some antitrust experts question if the move will help consumers, or entrench the industry standard in which glasses cost hundreds of dollars. CNBC.com video above published May 16, 2019.

Domains: luxottica.com |  warbyparker.com  |  zennioptical.com

feedback & comments via twitter @DomainMondo



Interview | Ruth Porat, CFO at Alphabet and Google $GOOG $GOOGL

Ruth Porat, CFO at Alphabet and Google

“You’re at the table because people want your voice. It’s easy to forget that. Don’t keep second guessing. If you have a point of view, the reason you were hired is because people want to hear it.”⁣

Ruth Porat, CFO at Alphabet and Google, was interviewed  for the final View from the Top for this academic year at the Stanford Graduate School of Business. Failing to invest for the long term could be one of tech’s greatest vulnerabilities, she said, and advised students to keep thinking about investing for the long haul.

”What I’ve seen is that if you don’t invest in the long term, you’re sowing the seeds of your own destruction.”⁣ In the video, Porat discusses her experiences while at Morgan Stanley $MS (morganstanley.com) and later, Google $GOOGL, $GOOG (google.com). Stanford Graduate School of Business video above published May 21, 2019.


feedback & comments via twitter @DomainMondo



How Fannie and Freddie Prop Up America's Favorite Mortgage (video)

Fannie Mae and Freddie Mac

Fannie Mae and Freddie Mac back about half of new mortgages in the U.S. Now, talks are heating up about reshaping or shrinking the two companies, a move that could impact millions of Americans. Wall Street Journal (WSJ.com) video above published Apr 29, 2019. See also $FNMA & $FMCC.

Domains: fanniemae.com and freddiemac.com

feedback & comments via twitter @DomainMondo



Tour The First Tesla $TSLA Gigafactory (video)

A Tour Inside Tesla’s First Gigafactory

Tesla’s Gigafactory in Nevada is expected to be the largest building in the world by footprint once completed. CNBC.com’s Uptin Saiidi gets a rare look inside what Tesla founder Elon Musk calls, ‘the machine that builds the machine.’ CNBC International video above published May 2, 2019.

Tesla Is "Making Noise" in Europe

Fortune.com video above published 2 May 2019.

Also note: U.S. government to challenge China's electric-vehicle supply chain dominance--legislation introduced to streamline regulation and permitting requirements for the development of mines for lithium, graphite and other electric-vehicle supply chain minerals.

feedback & comments via twitter @DomainMondo



News Review | Afilias vs ICANN, IRP UPDATE re: new gTLD .WEB

graphic "News Review" ©2016 DomainMondo.com
Domain Mondo's weekly internet domain news review (NR 2019-05-19) with analysis and opinion: Features • 1) Afilias vs ICANN, IRP UPDATE re: new gTLD .WEB,  2) a. Dying Domains - CENTRstats, b. Type-in Traffic? c.Domain Parking?  d..AMAZON, 3) ICYMI: ANTITRUST; 4) Other ICANN News: a. SSAC on WHOIS; b. ICANN GNSO EPDP meeting May 23, 14:00 UTC c. New Reg Data Policy; 5)Most Read.

1) Afilias vs ICANN, IRP UPDATE re: new gTLD .WEB 
Afilias Domains No. 3 Limited vs ICANN re: new gTLD .WEB -- Editor's note: another 'document dump' (with redactions) posted by ICANN.org:

Declaration of Procedures Officer 28 February 2019:

Request for New Procedures Officer  8 March – 9 April 2019:

Amended Request for Independent Review Process 21 March 2019--Editor's note: "DAA" refers to NDC’s Domain Acquisition Agreement with VeriSign. 

Relief requested (p.25):
Editor's note: short on time? Read the Amended IRP Request, Zittrain and Sadowsky, skip the rest.

See also:

2) Names, Domains & Trademarks
graphic "Names, Domains & Trademarks" ©2017 DomainMondo.com
a. CENTRstats Global TLD Report Q1/2019: Download here; interactive online version of the report here. Highlights from the report:
  • The global TLD market is estimated at around 351 million domains [domain name registrations] across 1486 recorded TLDs. Total gTLD domain name registrations are 194 million of which 71% are under .COM.
  • The median domain growth of all TLDs has hit a record low of 3.4% year over year;
  • Only .COM is growing among the top 4 gTLDs -- the annual rates of +growth or -decline are as follows:  .com +5.2%.net -4.5%.org -1.9%.info - 24.2%.
  • As noted above, 71% of all gTLDs' domain name registrations are under .COM, which is also the world's largest TLD, with a 40% market share among all top-level domains (TLDs = ccTLDs + gTLDs);
  • 267 ccTLDs have a combined market share of 45% among all TLDs.
  • New gTLDs, "which include well over 1000 TLDs, have a little under 10% of the market and show no immediate sign of increasing that"... "gTLDs will face challenges in the coming months given other registration trends such as a declining create ratio, an increasing delete ratio and a relatively low renewal rate median of 64%."
Editor's note: the data and statistics compiled and reported by CENTR, an association of European ccTLD registries, is vastly superior to anything ever produced by incompetent ICANN.  Unlike ICANN, CENTR properly defines "registrant" [not "Registered Name Holder"]:
Registrant – "The individual or organisation that registers a specific domain name. A registrant holds the right to use that domain name for a specified period of time."
One possible future option for the global internet community is to have the world's ccTLDs run the IANA functions in view of the dysfunction at ICANN and its continuing debasement of the world's gTLDs.

b. Type-in Traffic? Chrome browser users who type characters into the address bar may notice the Google Chrome Browser prioritizes Google's search page over the intended destination (URL or  domain name)--ghacks.net. Example below:
Note: top line above is the user's entry into the Chrome address bar
c. Domain Parking? Multi-Million Dollar Domain Portfolio Owner says “Don’t Bother”--strategicrevenue.com. Editor's note: the Google & Facebook duopoly killed the advertising model.

On 15 May 2019,  the ICANN Board took action in accordance with the process established in the ICANN Board resolution adopted 10 March 2019, and in recognition of all input received, directing ICANN org to continue processing the .AMAZON applications toward delegation. The next step in the process is publication of the Public Interest Commitments (PICs), proposed by the the applicant, for a 30-day public comment period, per the established procedures of the New gTLD program. See 17 May 2019 Letter from ICANN CEO Göran Marby to Amb. Alexandra Moreira Lopez re: new gTLD .AMAZON.

3) ICYMI Internet Domain News: Antitrust
graphic "ICYMI Internet Domain News" ©2017 DomainMondo.com
ANTITRUST: U.S. Supreme Court dealt Apple major setback in App Store antitrust case--the iPhone users argued that Apple’s 30% commission on sales through the App Store is an unfair use of monopoly power resulting in inflated prices passed on to consumers. Apple unsuccessfully argued that only app developers, not users, should be able to bring such a lawsuit. Justice Brett Kavanaugh wrote the 5-4 majority opinion, joined in by the high court’s liberal justices. See also:
  • A New Google Antitrust Probe Could Spell Trouble for Its Auto Domination Plans--fortune.com.
  • ISP Antitrust: "Don’t Let California’s Legislature Extend Broadband Monopolies for Comcast and AT&T"--eff.org.
Editor's note: ICANN and its gTLD Registry Operators Next?

4) Other ICANN News
graphic "ICANN | Internet Corporation for Assigned Names and Numbers"
a.  ICANN Security and Stability Advisory Committee (SSAC)
SSAC 3 May 2019 letter to ICANN (pdf) excerpt: "WHOIS query statistics provided to ICANN by [gTLD] registry operators as part of their monthly reporting obligations are generally not reliable." (emphasis added).

b. ICANN GNSO EPDP Next Meeting May 23, 14:00 UTC (agenda, etc. at the link).
UPDATE: for the May 23rd meeting, see: Revised Draft Approach (pdf); RySG members feedback on proposed approach; comment of Alan Woods on access vs disclosure; comment of Milton Mueller on collaborating with ICANN Org, and his access/disclosure comment.

See also:
EPDP meeting recordings and transcripts (when available) are posted on the GNSO calendar. EPDP Links: wikipublic mail listGNSO mail list. See last week's News Review for more info, including the ICANN Board's rejection of two EPDP Phase 1 recommendations.

c. ICANN gTLD Registries and Registrars Required to Implement New Interim Registration Data Policy by 20 May 2019--ICANN.org.

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

-- John Poole, Editor  Domain Mondo 

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