Showing posts with label Domain Name Association. Show all posts
Showing posts with label Domain Name Association. Show all posts

2015-10-15

Why Did ICANN Become a Member of Trademark Lobbyist Group INTA?

"The International Trademark Association (INTA) is the global association of trademark owners and professionals ... INTA undertakes advocacy work throughout the world ..." -- from the INTA website

" . . . . you deny the existence of special interest lobbies in ICANN? Tell you what. Get yourself to an ICANN meeting, let me know if it is London, Los Angeles, or any other one, and I will give you a personal guided tour of special interest lobbies in ICANN. You’ll be shaking hands with so many lawyers and consultants you may want to bring some Chinese herbal lotion. If you want less dynamic and interesting evidence, take a look at this old blog post of ours, which documents ICANN staff’s catering to trademark/brand protection interests..." - Professor Milton Mueller (June 9, 2014)

Kudos to the esteemed Professor Milton Mueller of the Georgia Institute of Technology (Georgia Tech) for his tweets below bringing our attention again to the gross lapses of judgment, and conflicts of interest at ICANN:
INTABulletin: The Voice of the International Trademark Association, July 15, 2015  Vol. 70 No. 13: Interview: Owen Smigelski, Director, ICANN Contractual Compliance: ".... It’s not always sufficient to see one comment from the IPC; it’s good to see comments from individual brand owners ... How else can INTA help? One recent development is that ICANN became an INTA member. I see that as a good opportunity for ICANN and the community to collaborate. I myself have been to three of the last four Annual Meetings. So there continues to be that relationship-building ... Another thing is that ongoing right now is a Rights Protection Mechanism (RPM) review. That’s looking at all the RPMs within ICANN, including the UDRP. There was a public comment period that ended in May and there will be a report later this year coming out, which will probably lead to additional policy and working group opportunities. I’m not sure what’s going to come out of that, but there could be modifications to the UDRP that INTA and its members should certainly be involved with. For more information on ICANN developments or to become involved with Internet and ICANN issues through INTA, contact INTA’s Senior Director of Internet Policy ..." (emphasis and IPC link added)

This boggles the mind! Trademark owners and lawyers, do you have a problem with ICANN? Why bother going through your lobbying organization, INTA, just go straight to one of INTA's outstanding new members: ICANN! Of course ICANN has a well-deserved reputation as being a "captured" organization of the well-resourced commercial organizations that dominate and control most ICANN groups, meetings, and processes, including its policy-making Generic Names Supporting Organization (GNSO). These "conflicts" had infected the ICANN Board of Directors to such a degree that in 2012, the U.S. Department of Commerce (NTIA) almost pulled the "IANA functions contract" completely away from ICANN:
"The Commerce Department said this month that while it was temporarily extending a contract with the Internet Corporation for Assigned Names and Numbers to manage the allocation of computers’ Internet protocol addresses — and the .com and .net names of Web sites associated with them — it warned the organization that it needed to tighten its rules against conflicts of interest or risk losing a central role." --The New York Times, March 18, 2012 (emphasis added)
In February of this year, ICANN CEO Fadi Chehade raised eyebrows at his speech at another lobbyist organization's meeting during ICANN 52, at Singapore:

Fadi Chehade: "... I think Adrian [Kinderis], Kurt [Pritz], and others who know this idea of the DNA Association [DNA represents the interests of the new gTLDs domain name industry] and started in some small meetings we were having at the ICANN office where I was a huge early supporter, and continued to be ... there's a brewing issue for example coming up that will affect your industry ... I'm committed to your industry without a question. I need to understand it more and spend more time in it, no question. I did realize at some point that ICANN itself is an organization needs a dedicated president that is focused on serving the industry. I asked Akram [Atallah] to abandon his COO role and be the president [of ICANN's Global Domains Division (GDD)]. We created this division to serve you. In many ways we need to pair GDD and DNA and make sure that that is very tight ..."--ICANN President and CEO Fadi Chehade, transcript of DNA meeting, February 10, 2015, video of meeting here (emphasis and links added).

Who at ICANN is serving the Public Interest? We now know that the ICANN Global Domains Division and its President, Akram Atallah, serve the new gTLDs' domain name industry and its lobbying arm, the DNA. And we also now know that ICANN is not just serving, but is a member of the trademark lobbying organization INTA. But is there ANYONE serving the PUBLIC INTEREST at ICANN? Does ICANN, its Board of Directors, or any of its officers, staff, or its "ICANN stakeholder community" even care about the Public Interest? Or is it only governments that care about, and protect, the public interest?

 ICANN, and the ICANN Community, just don't get it. It is obvious that the last thing ICANN needs in order to become accountable to the Global Internet Community (global multistakeholder community) is to become a "membership" organization primarily of, for, and by the lobbyists and lobbying organizations who already have an inordinate and corrupting influence over the Internet Corporation for Assigned Names and Numbers.

It appears ICANN has learned nothing since 2012, and may not be ready to operate without some kind of "governmental oversight" to protect the "global public interest." At a minimum, it appears ICANN officers and staff lack the moral compass to discern and avoid obvious conflicts of interest. Is this really the appropriate time for the US government to just walk away from its oversight role and leave the global multistakeholder community (global internet community) vulnerable to exploitation by ICANN and its special interest lobbyist stakeholders? It may be time for Larry Strickling (NTIA), the US Department of Commerce and the Obama Administration to reassess their IANA Stewardship Transition announcement of March, 2014.

See also on Domain Mondo:




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2014-06-06

Is It ICANN's Job To Market New gTLD Domain Names?

Has ICANN been conflicted, co-opted, and corrupted by its new gTLD domain names program? Is ICANN now, in effect, a joint venture partner with new gTLD registries and registrars -- "Pay us (ICANN) $185,000 up front (plus renewal fees) and we (ICANN) will help YOU market your new gTLD domain names that WE have authorized YOU to register (sell) for a PROFIT?"

"conflict" - an incompatibility between two or more purposes, principles, or interests
"co-opt" - divert to or use in a role different from the usual or original one
"corrupt" - change or debase by making alterations

 "Marketing" - "Marketing is the process of communicating the value of a product or service to customers, for the purpose of selling that product or service." (source: Wikipedia)

"New gTLDs" - New generic Top-Level Domain Names authorized by ICANN to be offered for registration [sold] by Registries and Registrars.

Recently a domainer blogger asked: Who is responsible for new gTLD marketing? The answers from members of the domain name industry (registrars, registries, affiliated companies) included:

"... ICANN, the registries... registrars..."

 "... I think the “we” here is primarily Registries, Registrars, the DNA [Domain Name Association] and ICANN..."

 "Now that new gTLDs are here, I’ve heard people suggest that ICANN, the registries, and the registrars should be responsible for marketing them. This is a correct suggestion."

Really? Is marketing new gTLD domain names what ICANN, the Internet Corporation for Assigned Names and Numbers, "a nonprofit corporation that coordinates the Internet's global domain name system" [Wikipedia] is supposed to be doing? Is marketing new gTLD domain names within ICANN's purpose or mission as expressed within its articles of incorporation, bylaws, affirmation of commitments, or applicable California or federal (US) law?

Not only is "marketing domain names" NOT within ICANN's purpose and mission, but to do such "marketing" for for-profit companies appears to be a violation of the ICANN corporate instruments and applicable state and federal laws, for example:
Exemption Requirements - 501(c)(3) Organizations: "... The organization must not be organized or operated for the benefit of private interests, and no part of a section 501(c)(3) organization's net earnings may inure to the benefit of any private shareholder or individual. If the organization engages in an excess benefit transaction with a person having substantial influence over the organization, an excise tax may be imposed on the person and any organization managers agreeing to the transaction. Section 501(c)(3) organizations are restricted in how much political and legislative (lobbying) activities they may conduct...."
Some might argue that ICANN has already violated one or more of the legal provisions cited above, but at a minimum, the world of ICANN has become so dysfunctional that some ICANN insiders -- registries, registrars, and other for-profit domain industry members -- actually believe ICANN is supposed  to do the "marketing" of the new gTLD domain names for them-- for the registries and registrars which were authorized by ICANN to offer said new gTLD domain names for registration!

Somehow, in the world of ICANN, the interests of the regulated (registries and registrars) and the regulator (ICANN) have become one, at least in the minds of many. Is this what happens when a non-profit corporation, lacking proper oversight, transparency and accountability, becomes dominated by insiders and the special interests of the commercial, for-profit domain name industry it is supposed to be regulating and governing; when ICANN's Chief Strategy Officer (and architect of the new gTLDs program) resigns due to a conflict of interest (the particulars of which were never disclosed to the global multistakeholder community), and then becomes the Executive Director of the Domain Name Association, a lobbying group of that same for-profit domain name industry?

Is this why that same Domain Name Association has now jumped into the middle of ICANN's new gTLD auction process, to grab the money for itself and "marketing?"-- Domain Name Association: "The proceeds will be distributed as follows: First: Fees for the auction provider will be paid. Second: Disbursements, if any, will be made to auction participants. Third: Optional membership fees in the DNA will be paid. All remaining proceeds will go to the DNA. The auction winner will determine how those proceeds are allocated between funding TLD marketing and awareness campaigns and funding other DNA industry development efforts."

Sounds like ICANN should just shut down and turn everything over to DNA -- the Domain Name Association! Or more likely, ICANN will just contract with the DNA to perform all of ICANN's functions! 

I think it is now clear why the public interest was so disregarded in ICANN's new gTLDs program--

“'The public at large, consumers and businesses, would be better served by no expansion or less expansion' of domains" said Jon Leibowitz, former chairman of the US Federal Trade Commission in the New York Times."

"I really can’t see a legitimate upside where new benefits [of the new gTLDS] outweigh costs, and everyone I mention this to feels the same way. People just shake their heads. It’s all about the money. They [ICANN] are creating these extensions because they can." University of Pennsylvania Wharton School marketing professor Peter Fader, co-director of the Wharton Customer Analytics Initiative. (source: Knowledge@Wharton, emphasis added)

Esther Dyson On New Top-Level Domains: “There Are Huge Trademark Issues” | TechCrunch: "... we are not running out of domains. This is a “way for registries and registrars to make money,” says Dyson. She also points out that “there are huge trademark issues. I just think it is offensive... It will create a lot of litigation.”" [see: Esther Dyson Told ICANN new gTLDs were a mistake in 2011 (video)]

Tim Berners-Lee: "....when a decision is taken about a possible new top-level domain, ICANN's job is to work out, in a transparent and accountable manner, whether it is really in the best interest of the world as a whole, not just of those launching the new domain. It also means that ICANN's use of the funds should be spent in a beneficent way...."

Memo to ICANN: money spent on "marketing new gTLDs" is NOT a "beneficent way."





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2014-05-26

ICANN, Kurt Pritz, Conflict of Interest, new gTLD domain names program




15 November 2012

To the ICANN Community,

Regretfully, I have accepted the resignation of Kurt Pritz, who has served most recently as ICANN’s Chief Strategy Officer.

Kurt has submitted his resignation because of a recently identified conflict of interest, which he immediately communicated to ICANN. After analyzing this conflict of interest, we decided that a change in Kurt’s role within ICANN would be appropriate. Kurt decided to resign his position and role as an officer of ICANN, to best serve the interests of the organization. Kurt will be engaged as a subject matter expert where needed, but will have no access to new gTLD applicant information nor will he play a role in the new gTLD program.

I have already put in place a plan for the reassignment of all of Kurt’s management responsibilities.

I would like to thank Kurt for his many years of service and commitment to ICANN and our community.

Respectfully,
Fadi

And who is Kurt Pritz?

Former ICANN Executive Kurt Pritz Joins Domain Name Association as Executive Director: "Former ICANN executive Kurt Pritz has assumed the role of interim Executive Director for the Domain Name Association, a newly formed non-profit business association that represents the interests of the domain name industry. Kurt will be working with and representing DNA during the ICANN-48 meetings in Buenos Aires. He played a key role in the growth of ICANN and is best known as the architect of ICANN's new gTLD program...."

This guy was the architect of ICANN's new gTLD domain names program! The same program ICANN adopted over the vociferous objections of governments, business groups, trademark holders, and the public interest. The same unwanted and unneeded expansion of generic top-level domains that are now polluting the domain name ecosystem that ICANN was supposed to protect and be a steward of, and are causing all of kinds of headaches, expansion of staff, multiplicity, duplicity, and explosion of expenses at ICANN. One big mess always leads to others. Some call this the Law of Bad Ideas.

What exactly was the conflict of interest that caused ICANN's Chief Strategy Officer Kurt Pritz to have to resign? And why did ICANN compensate a former officer AFTER his conflict of interest was known to some insiders (and apparently was incompatible to his duties and obligations to ICANN) at apparently an even higher rate than he was making as a full-time Chief Strategy Officer of ICANN? ICANN sure knows how to "take care" of insiders -- particularly those who resign after admitting to having a "conflict of interest" apparently incompatible with their positions and duties. But I guess this is what happens when an organization like ICANN has no members, no transparency, no accountability, and a Board of Directors with their own conflicts of interest!

No one is talking -- not even bloggers who claim to cover the domain name industry:
Pritz’s conflict of interest was with ARI | DomainIncite - Domain Name News & Opinion: "I’ve decided not to report the full details, other than to say the conflict relates to ARI Registry Services, a major provider of back-end registry services for new gTLD applicants."

 Domain Name Association: "...Kurt Pritz has assumed the role as interim Executive Director for the newly created organization... "Kurt Pritz is the right man for the job of making the Domain Name Industry’s first-ever trade association a must-join organization," said Adrian Kinderis, chair of the interim board and CEO of ARI Registry Services. "He has been a long time industry participant through his senior position at ICANN ..." 

ICANN needs to "come clean" and answer the questions raised in this post which have also been raised by others -- THIS is what transparency and accountability to a global multistakeholder community is all about. And if ICANN is not up to the task (which appears to be the case), ICANN needs to get out of the way, and go away! And take your stinking new gTLDs program with you!




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