Showing posts with label Amicus Curiae. Show all posts
Showing posts with label Amicus Curiae. Show all posts

2019-02-28

UPDATE Afilias Domains No. 3 Limited v. ICANN re: new gTLD .WEB

Afilias Domains No. 3 Limited v. ICANN re: new gTLD .WEB
Editor's note: the latest "document dump" posted by ICANN in the pending Independent Review Process (IRP), although with redactions. The IRP was commenced on 26 November 2018; two panelists have been appointed; awaiting appointment of remaining panelist. No hearings are currently scheduled (as of Feb 25, 2019).


Claimant's Sur-Reply to Verisign, Inc. and Nu Dotco, LLC's Requests to Participate as Amicus Curiae in Independent Review Process (embed above)


ICANN's Reply to Claimant's Response to Verisign, Inc. and Nu Dotco, LLC's Requests to Participate as Amicus Curiae in Independent Review Process (embed above)

Nu Dotco, LLC's Reply in Support of Its Request to Participate as Amicus Curiae in Independent Review Process

Verisign, Inc.'s Reply in Support of Its Request to Participate as Amicus Curiae in Independent Review Process

Claimant's Responses to Procedures Officer's Questions Concerning the Drafting History of the Supplementary Procedures 28 January 2019

Claimant's Response to Verisign, Inc. and Nu Dotco, LLC's Requests to Participate as Amicus Curiae in Independent Review Process

2016-09-06

ICANN Litigation, Cooperative Engagement, and IRP Status Update

UPDATES (links provided further below):
1) ICANN response to Ruby Glen's Amended Complaint: Motion to Dismiss filed Oct. 26, 2016;
2) .AFRICA case remanded to California State Court by U.S. District Court Judge Oct 21, 2016;
3) Appellants Petition for Rehearing En Banc DENIED by Court of Appeals in Weinstein vs Iran;
_______

Status Update: 1) ICANN Litigation; and 2) Cooperative Engagement Process (CEP) and Independent Review Process (IRP), in accordance with the sources referenced below:

1) Litigation:
Graphic: new gTLD .WEB  © DomainMondo.com

•  Ruby Glen, LLC v. ICANN lawsuit filed in United States District Court for the Central District of California. Issuenew gTLD .WEB. Status: Plaintiff's motion for TRO denied; Plaintiff filed amended complaint on August 8, 2016. ICANN has until September 26, 2016 (pdf)--UPDATE--Wednesday, October 26, 2016 (pdf) to "answer, move to dismiss or otherwise respond to the Amended Complaint."  See on Domain MondoNew gTLD WEB Loser, Ruby Glen, Files Amended Complaint vs ICANN.
UPDATE October 26 Ruby Glen, LLC v. ICANN:


Graphic: new gTLD .AFRICA © DomainMondo.com
•  DotConnectAfrica Trust v. ICANN lawsuit filed in United States District Court for the Central District of California. Issue: new gTLD .AFRICA. Status: jury trial (10-12 days) scheduled to begin February 28, 2017. Appeals of the preliminary injunction enjoining delegation of new gTLD .AFRICA, have been taken by ICANN and ZA Central Registry (ZACR). The appeals are now consolidated and pending before the U.S. Court of Appeals for the Ninth Circuit. Optional reply briefs are due September 9, 2016, and new gTLD applicant Dot Registry LLC has filed a motion for leave to file amicus curiae (friend of the court) brief in support of DCA Trust on the issue of the enforceability of the ICANN "Release" in the new gTLD guidebook (pdf), required of all new gTLD applicants. See on Domain Mondo: New gTLD AFRICA Appeal: DCA Trust Answering Brief vs ICANN & ZACR. Dismissed defendant and appellant, ZACR, has also filed a motion to intervene in the U.S. District Court, to which Plaintiff responded August 29, 2016 (pdf)(highlighting added).

UPDATE DotConnectAfrica Trust v. ICANN Trial Court Proceeding:
ccTLDs: .IR (IRAN), .SY (Syria), .KP (North Korea)
•  Ben Haim v. Islamic Republic of Iran; Calderon-Cardona v. Democratic People's Republic of Korea; Rubin v. Islamic Republic of Iran; Stern v. Islamic Republic of Iran; Weinstein v. Islamic Republic of Iran; Wyatt v. Syrian Arab Republic filed in United States District Court for the District of Columbia. Issue: whether ccTLDs .IR (IRAN), .SY (SYRIA), and .KP (North Korea), are property subject to judicial attachment. Status: US Court of Appeals Decision on August 2, 2016, affirming District Court that the ccTLDs are not subject to judicial attachment, handing ICANN and the "global community" a legal victory in a case that potentially could have jeopardized the IANA stewardship transition. Order and Judgment entered August 2, 2016 (pdf), by the United States Court of Appeals for the District of Columbia Circuit. Appellants have 90 days to file a petition for writ of certiorari with the U.S. Supreme Court (see U.S. Supreme Court Rule 13). See on Domain Mondo: US Court of Appeals Decision re: ICANN & Iran, Syria, North Korea ccTLDs.

UPDATE: Petition for Rehearing En Banc:
“Relying on conjecture, it [D.C. Circuit Court of Appeals] significantly solidified ICANN’s monopoly over Internet governance (antagonizing many small Internet participants who have been bullied by ICANN over many years), massively altered the waiver doctrine, impaired the operation of 28 U.S.C. 1610(g), and injured judgment creditors who must recover their judgments from third-party garnishees.”--Appellants' Petition for Panel Rehearing and Hearing En Banc filed 31 August 2016, Weinstein et al. vs Islamic Republic of Iran et al. , U.S. Court of Appeals for the D.C., (pdf 434 KB, highlighting added). 
UPDATE 19 Sep 2016Order Denying Appellants’ Petition for Rehearing En Banc [PDF, 53 KB] 19 September 2016; and Order Denying Appellants’ Petition for Panel Rehearing [PDF, 53 KB] 19 September 2016. Formal Mandate of U.S. Court of Appeals for the D.C. [PDF, 54 KB] 27 September 2016.

ICANN Cooperative Engagement Process (CEP) and Independent Review Process (IRP) defined
2) Cooperative Engagement Processes (CEP) and Independent Review Processes (IRP) Status update as of August 22, 2016, via ICANN (pdf) embedded below (highlighting added):

2016-03-08

Forty Tech Companies Have Come to Apple's Encryption Defense (videos)

"To get around Apple’s safeguards, the FBI wants us to create a backdoor in the form of special software that bypasses passcode protections, intentionally creating a vulnerability that would let the government force its way into an iPhone. Once created, this software — which law enforcement has conceded it wants to apply to many iPhones — would become a weakness that hackers and criminals could use to wreak havoc on the privacy and personal safety of us all."--Craig Federighi, Sr. Vice President of software engineering at Apple, writing in the Washington Post.


40 tech companies have come to Apple's defense by filing friend-of-the-court or amicus curiae briefs in Apple Inc’s motion to vacate the U.S. Court Order compelling Apple to assist agents in search, and opposition to U.S. government’s motion to compel assistance   (video published Mar 4, 2016).


How Encryption Works - and How It Can Be Bypassed - The debate between privacy and national security has never been more heated, with Apple and other tech firms going up against the government. So how are text messages encrypted, and what are the controversial "backdoors" that could allow access to them? (Published Mar 4, 2016)

Amicus Curiae Briefs filed in support of Apple:
Letters to the Court:
List source: Apple.com

See also on Domain Mondo



DISCLAIMER

2015-08-20

Internet Association To File Brief In Support of FCC, Net Neutrality

Internet Association's Notice of Intent to File an Amicus Curiae Brief in support of FCC and US government
On August 7, 2015, counsel for the Internet Association filed a Notice of Intent to File an Amicus Curiae Brief (pdf) in support of the Respondents, Federal Communications Commission (FCC) and the United States of America, in a pending appeal filed by the United States Telecom Association et al, Petitioners. Oral argument is scheduled for December 4, 2015.

The United States Telecom Association (domain name: ustelecom.org) is a trade association representing telecom companies (AT&T, Verizon, and others) who oppose the FCC's Open Internet, Net Neutrality rules adopted February 26, 2015, which ensure "consumers and businesses have access to a fast, fair, and open Internet."

The Internet Association (domain name: internetassociation.org) represents "America’s leading Internet companies and their global community of users." (source: Internet Association)

Internet Association members include Airbnb, Amazon, Auction.com, Coinbase, eBay, Etsy, Expedia, Facebook, FanDuel, Gilt, Google, Groupon, IAC, Intuit, LinkedIn, Lyft, Monster Worldwide, Netflix, Pandora, PayPal, Pinterest, Practice Fusion, Rackspace, Reddit, Salesforce.com, Sidecar, Snapchat, SurveyMonkey, TripAdvisor, Twitter, Uber Technologies, Inc., Yahoo!, Yelp, Zenefits, and Zynga.

Open Internet | FCC.gov"An Open Internet means consumers can go where they want, when they want. This principle is often referred to as Net Neutrality. It means innovators can develop products and services without asking for permission. It means consumers will demand more and better broadband as they enjoy new lawful Internet services, applications and content, and broadband providers cannot block, throttle, or create special "fast lanes" for that content. The FCC's Open Internet rules protect and maintain open, uninhibited access to legal online content without broadband Internet access providers being allowed to block, impair, or establish fast/slow lanes to lawful content. --The Rules--Adopted on February 26, 2015, the FCC's Open Internet rules are designed to protect free expression and innovation on the Internet and promote investment in the nation's broadband networks. The Open Internet rules are grounded in the strongest possible legal foundation by relying on multiple sources of authority, including: Title II of the Communications Act and Section 706 of the Telecommunications Act of 1996. As part of this decision, the Commission also refrains (or "forbears") from enforcing provisions of Title II that are not relevant to modern broadband service. Together Title II and Section 706 support clear rules of the road, providing the certainty needed for innovators and investors, and the competitive choices and freedom demanded by consumers. The Open Internet rules went into effect on June 12, 2015. They are ensuring consumers and businesses have access to a fast, fair, and open Internet. The new rules apply to both fixed and mobile broadband service." (emphasis added)

See also on Domain Mondo:
See also: Upgrading Media Rules to Better Serve Consumers in Today’s Video Marketplace | FCC.gov"In December of last year, Congress passed bipartisan legislation known as the Satellite Television Extension and Localism Act Reauthorization (STELAR) Act of 2014, which instructs and permits the Commission to modernize rules regarding the satellite, cable, and broadcast television markets. Today, I am circulating a bundle of orders and proposals that fulfill this mandate to better reflect today’s media marketplace and further protect the public interest." -- Tom Wheeler, FCC Chairman


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