ICANN has just resolved:

Resolved, (2010.11.05.02), the Board directs the CEO to include the following principles relating to registry-registrar cross-ownership in the forthcoming version of the Applicant Guidebook.

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ICANN's announcement:

"In the absence of existing policy or new bottom-up policy recommendations, the Board saw no rationale for placing restrictions on cross-ownership;" said Peter Dengate Thrush, Chairman of the Board. "Any possible abuses can be better addressed by properly targeted mechanisms. Co-ownership rules are not an optimal technique in this area."

Some folks are very happy.

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It's official:

RESOLVED (2010.10.28.17), the Board directs staff to adopt as a working plan the Launch Scenario with launch date of Q2 2011, as contained in the graphic attached here [PDF, 112 KB].

Launch (defined as "first applications accepted" not as "gTLDs actually launch") 30 May 2011, pending delays,

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GeorgeK writes "ICANN has released their IRS Form 990 statements for the year ending June 30, 2008. They're summarized in 2-parts here (redacted) and iphone手机如何上外网.

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It seems that first-come-first-serve is a dimmer and dimmer memory for domain name registration.

Now the acid test of who gets bank.info, boat.info, body.info, bonds.info, books.info or legal.info will be whose registration will mosst enhance the TLD brand. Here's the latest from Affilias:

Pursuant to the "Phased Equitable Reallocation of Non-Compliant .INFO Sunrise Domain Names" registry services request filed by Afilias, and posted at http://www.icann.org/en/registries/rsep/afilias-request-2008008-28aug08.pdf, as approved by the ICANN Board of Directors, as set forth at http://www.icann.org/en/minutes/prelim-report-21may09.htm, Afilias has undertaken a reallocation of certain non-compliant .INFO Sunrise Domain Names (the "Program"). As part of the Program, Afilias is accepting proposals from parties that wish to register one or more of the domain names subject to the Program ("Proposals"). Proposals shall be evaluated on the manner in which the applicant proposes to enhance the .INFO brand through its use of the domain name(s). Afilias is committed to the long-term development of the .INFO TLD, and the RFP portion of the Sunrise redistribution program is designed to identify qualified applicants with the best potential and capabilities to maximize the development of a domain name of interest, and thereby enhance the .INFO brand.

Full list of the names below.

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Anonymous writes "Please be notified of the window for public comment on a white collar hoax perpetrated by ICANN and big name registrars (Go Daddy), before this becomes reality!

Available for public comment right now through November 16th, Verisign seeks approval of an amendment for its process of Bulk Transfer After Partial Portfolio Acquisition (BTAPPA)in dot-COM and dot-NET: http://www.icann.com/en/announcements/announcement-16oct09-en.htm

Verisign requested approval of a Bulk Transfer After Partial Portfolio Acquisition (BTAPPA) process from ICANN in July, with the amendment for 15-day notice to registrants. The amendment is open for public comment through November 16th, in a low-key announcement in one domain name publication, [likely] so ICANN, Verisign, Go Daddy, and other big-name registrars can slide it by the public!

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Or, if you want real accountability, you now have until 27 November 2009 to send your own letter of objection to iic-proposed-bylaws@icann.org. If you need ideas for what to say about what's wrong with the ICANN proposals, see my comments here, or any of the other comments here -- all of them give good reasons for ICANN not to approve the current proposal."

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The ICANN Board, led it appears by (at best) very poor staff work (and at worst by disingenuous staff work) decided to shaft the non-commercial constituencies. This tramples the public voice in ICANN and cements its capture.

In response, the Noncommercial Users Constituency produced Top Ten Myths about Civil Society Participation in ICANN.

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Harold Feld has written a strong contender for 'Best Blog Post About ICANN'. Read Could NTIA Please Put ICANN Out of Its Misery Before It Embarasses Itself Further.

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Lest you get complacent about ICANN, here's evidence that the basic DNA remains unchanged. Milton Mueller writes,

A little-noticed outcome of the Sydney ICANN meeting (overshadowed by the excitement surrounding the selection of its new CEO) was a shockingly flagrant display of how arbitrary and unfair ICANN can be.

...

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...

Two decisions, almost unbelievable in the degree to which they discriminate against civil society and completely ignore public comments, emerged from the Sydney meeting. ...

We've seen this movie before.

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The 9th Circuit issued its ruling in Coalition for ICANN Transparency v. VeriSign. It begins,

This appeal is about whether the plaintiff, Coalition for ICANN Transparency, Inc., using antitrust statutes drafted in the late 19th century, has successfully stated claims in connection with the administration of the Internet domain name system, so essential to the operation of our sophisticated 21st century communications network. The district court ruled that the plaintiff failed. With the benefit of extensive briefing, collegial discussions and amicus participation on appeal from other players in the domain name system, we hold that the plaintiff has stated claims under both Sections 1 and 2 of the Sherman Act, 15 U.S.C.

Congratulations to Bret Fausett who wrote a brief that deserved to win.

I'm also pleased to note that the court relied in a small but key part on an article I co-wrote with Mark Lemley:

CFIT has essentially alleged that ICANN is a private standards-setting body akin to the NFPA. ICANN administers the DNS and is responsible for entering into agreements with registry operators like VeriSign. According to the complaint, ICANN’s mission includes a commitment to promoting competition for the contracts. CFIT’s allegations further state that ICANN, like the NFPA, is a private body with no public accountability. These allegations are consistent with the view held by commentators on the subject, who have, indeed, identified Allied Tube as providing the strongest argument in favor of imposing antitrust liability on those who seek to coerce ICANN. See Michael Froomkin & Mark A. Lemley, ICANN and Antitrust, 1 U. Ill. L. Rev. 1, 72-73 (2003) (noting that "given ICANN’s private status, VeriSign will face antitrust liability for persuading a private company in a position of power to grant it control over a market," and naming Allied Tube as the "closest analogue"). We hold, therefore, that pursuant to The Supreme Court’s holding in Allied Tube, CFIT has adequately alleged that VeriSign’s improper coercion of ICANN and attempts to control ICANN’s operations in its own favor violated Section 2.

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