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{{CompanyInfo|
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{{CompanyInfo|
 
| logo            = ICANNLogo.png
 
| logo            = ICANNLogo.png
| goldsponsor = ICANNWiki [[Sponsorship|Gold Sponsor]]
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|partnersponsor  = [[Sponsorship|ICANNWiki Partner]]
 
| type            = Private, Non-Profit
 
| type            = Private, Non-Profit
 
| industry        = Internet Protocol Management
 
| industry        = Internet Protocol Management
| founded        = 1998
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| founded        = September 1998
 
| founder(s)      = [[Jon Postel]]
 
| founder(s)      = [[Jon Postel]]
 
| purchase        =  
 
| purchase        =  
 
| ownership      =
 
| ownership      =
| headquarters    = 4676 Admiralty Way # 330,<br/> Marina del Rey, CA, USA
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| headquarters    = 12025 Waterfront Drive, Suite 300 <br>Los Angeles, CA 90094-2536 USA
 
| country        =  
 
| country        =  
 
| products        =  
 
| products        =  
 
| employees      = [[:Category:ICANN Staff|140 employees]]
 
| employees      = [[:Category:ICANN Staff|140 employees]]
| revenue        = $72 million (2011)
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| revenue        = $217 million (2015)
 
| businesses      =  
 
| businesses      =  
 
| website        = [http://icann.org/ icann.org]
 
| website        = [http://icann.org/ icann.org]
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| linkedin        = [http://www.linkedin.com/company/icann ICANN]
 
| linkedin        = [http://www.linkedin.com/company/icann ICANN]
 
| twitter        = ICANN
 
| twitter        = ICANN
| keypeople      = [[Rod Beckstrom]], CEO and President<br>
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| keypeople      = [[Göran Marby]], CEO and President<br>
[[Steve Crocker]], Chair of the Board<br>
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[[Cherine Chalaby]], Chair of the Board<br>
 
[[Jeff Moss]] VP and Chief Security Officer <br>
 
[[Jeff Moss]] VP and Chief Security Officer <br>
 
}}
 
}}
'''ICANN''' is an acronym for the '''Internet Corporation for Assigned Names and Numbers''', a global multi-stakeholder organization that was created and empowered through actions by the U.S. government and its [[DOC|Department of Commerce]].<ref>[http://www.icann.org/en/general/icann-mou-25nov98.htm ICANN DOC MoU]</ref> It coordinates the Internet [[DNS]], [[IP]] addresses and [[ASN|autonomous system numbers]]; which involves a continued management of these evolving systems and the protocols that underly them.
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'''ICANN''', or the '''Internet Corporation for Assigned Names and Numbers''', is a global multi-stakeholder organization that was created by the U.S. government and its [[DOC|Department of Commerce]].<ref name="icann-mou">[http://www.icann.org/en/general/icann-mou-25nov98.htm ICANN DOC MoU Memorandum of Understanding, Depart. of Commerce and ICANN]. ICANN. Published 1999 December 31.</ref> It coordinates the Internet [[DNS]], [[IP]] addresses, and [[ASN|autonomous system numbers]] and involves the continued management of these evolving systems and the protocols that underlie them.
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While ICANN has its roots in the U.S. government, it is now, and continues to strive to be, an international, community driven organization. Their management of an interoperable Internet covers 180 million [[domain names]], the allocation of more than 4 billion network addresses, and the support of approximately a trillion [[DNS]] look-ups everyday across 240 countries.<ref>[http://www.icann.org/en/strategic-plan/strategic-plan-2010-2013-19feb10-en.pdf ICANN Strategic Plan 2010]</ref>
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While ICANN began in the U.S. government, it is now and continues to be, an international, community-driven organization independent of any one government.<ref>[https://www.icann.org/news/announcement-2016-10-01-en Stewardship of <abbr>IANA</abbr> Functions Transitions to Global Internet Community as Contract with U.S. Government Ends]. Retrieved 20 Nov 2017. </ref> ICANN's management of an interoperable Internet covers over 330 million domain names, the allocation of more than 4 billion network addresses, and the support of approximately 95 million [[DNS]] look-ups every day across 240 countries.<ref>[http://www.icann.org/en/about/planning/strategic/strategic-plan-2010-2013-19feb10-en.pdf ICANN Strategic Plan June 2010 June 2013]. ICANN.</ref><ref>[https://blog.verisign.com/domain-names/verisign-domain-name-industry-brief-internet-grows-to-330-6-million-domain-names-in-q1-2017/ VERISIGN DOMAIN NAME INDUSTRY BRIEF: INTERNET GROWS TO 330.6 MILLION DOMAIN NAMES IN Q1 2017]. Retrieved 20 Nov 2017.</ref><ref>[https://system.opendns.com/ OpenDNS]. Retrieved 20 Nov 2017.</ref>
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ICANN collaborates with companies, individuals, and governments to ensure the continued success of the Internet. It holds [[ICANN Meetings|meetings]] three times a year, switching the international location for each meeting; one of these serves as the annual general meeting when the new [[ICANN Board]] members take their seats.<ref>[http://meetings.icann.org/about ICANN About Meetings]</ref>
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ICANN collaborates with a variety of stakeholders including companies, individuals, and governments to ensure the continued success of the Internet. It holds [[ICANN Meetings|meetings]] three times a year, switching the international location for each meeting; one of these serves as the annual general meeting, during which the new [[ICANN Board]] members take their seats.<ref name="meetings">[http://meetings.icann.org/about ICANN About Meetings]. ICANN.</ref>
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==Organization & Structure==
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==History: The Beginning==
It is central to ICANN's mission that the organization itself is structured in a way that welcomes a variety of voices and seeks to represent the extremely diverse constituencies with continued interest in the Internet's development, from [[Registry|registries]], to [[:Category:Companies|corporations]], to individual Internet users. Naturally, throughout ICANN's structural development there have been critics who have taken issue with closed-door sessions, the role of the [[DOC| U.S. Department of Commerce]], and other structural and procedural rules.<ref>[http://sunburn.stanford.edu/~eroberts/courses/cs181/projects/the-domain-name-system/icannorg.html Stanford.edu]</ref> ICANN has recently been described as being in a contentious oversight situation; with some countries calling for all U.S. influence to be removed from the organization by subordinating it to the U.N.'s jurisdiction, or suggesting similar solutions.<ref>[http://www.washingtonpost.com/wp-dyn/content/article/2011/02/28/AR2011022803719.html?hpid=topnews The Washington Post]</ref> ICANN's structure and process is outlined in the [[ICANN Bylaws]].
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On July 1, 1997, U.S. President Bill Clinton directed the Secretary of Commerce to privatize the management of the [[DNS]], which had been managed by the Defense Advanced Research Projects Agency ([[DARPA]]), the National Science Foundation ([[NSF]]) and other U.S. research agencies.<ref>[http://www.ntia.doc.gov/ntiahome/domainname/022098fedreg.htm Improvement of Technical Management of Internet Names and Addresses; Proposed Rule]. National Telecommunications & Information Administration. Published 1998 February 20.</ref> The goals were to open the Internet to greater international participation and bolster it as a new medium of commercial competition and exchange.<ref name="icann-mou"></ref>
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===Board of Directors===
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On July 2, the [[DOC|Department of Commerce]] requested public input regarding [[DNS]] administration and structure, policy input regarding new registrars, the creation of new [[TLD]]s, and concerns regarding trademarks. More than 1,500 pages of comments were received.<ref>[http://www.ntia.doc.gov/ntiahome/domainname/6_5_98dns.htm Statement of Policy on the Management of Internet Names and Addresses]. National Telecommunications & Information Administration. Published 1998 June 5.</ref>
: ''Main article: [[ICANN Board]]
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ICANN is governed by a [[ICANN Board|Board of Directors]] made up of 15 voting members,<ref>[http://www.icann.org/en/reviews/board/ Board Review]</ref> and the President and CEO, who is also a voting member. The board is further aided by 5 non-voting liaisons.<ref>[http://www.icann.org/en/general/bylaws.htm#VI ICANN Bylaws]</ref> From its inception until December, 2011, being a board member was a voluntary position. At that time, the [[ICANN Board]] responded to mounting pressure regarding conflicts of interest and the notion that compensation would create a more professional and accountable body by awarding themselves a $35,000 annual salary.<ref>[http://news.dot-nxt.com/2011/12/13/icann-board-dec-minutes ICANN Board Dec Minutes, news.dot-nxt.com]</ref>
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====Current Board of Directors====
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In January 1998, an agency of the [[DOC|Department of Commerce]] ([[NTIA]]) issued what has become known as the "[[Green Paper]]." The document was a proposal that made clear that the agency intended to empower a non-profit entity to take control of the Internet and its [[DNS]] system.<ref>[http://www.icann.org/en/general/white-paper-05jun98.htm ICANN White Paper]. ICANN.</ref> The proposal drew criticism from some American lawmakers and other concerned individuals who saw the American-fostered Internet about to be handed over to the IAHC, a Swiss entity.<ref name="greenwhite">[http://www.icann.org/en/comments-mail/icann-current/msg00800.html The Green Paper vs. The White Paper]. ICANN. Published 1999 October 18.</ref> The revised "[[White Paper]]" addressed some of those concerns but still posited the need for an Internet organization which could respect and foster stability, competition, bottom-up coordination, and international representation, while also establishing appropriate protocol and administrative mechanisms.<ref>[http://cyber.law.harvard.edu/rcs/principles.html How do the NTIA White Paper and the ICANN By-Laws Impact Membership?]. Harvard Law. Published 1999 January 19.</ref> The "[[White Paper]]" did not clarify all of the divisive issues but instead called for the proposed entity to utilize its self-governance to decide on the issues at hand itself.
The 15 current directors, and the current CEO, are listed below, along with the organization which nominated them and the length of their term:<ref>[http://www.icann.org/en/general/board.html ICANN.org]</ref>
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* [[Rod Beckstrom]], '''President and CEO'''
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* [[Steve Crocker]] ('''Chair'''), selected by the [[NomCom]], Nov. 2008 - Oct. 2011.
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* [[Bruce Tonkin]] ('''Vice-Chair'''), selected by the [[GNSO]], June 2007 - May 2012.
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* [[Rajasekhar Ramaraj]], selected by the [[NomCom]], Dec.2006 - Oct. 2012.
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* [[George Sadowsky]], selected by the [[NomCom]], Oct. 2009 - Oct. 2012.
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* [[Gonzalo Navarro]], selected by the [[NomCom]], Oct. 2009 - Oct. 2012.
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* [[Cherine Chalaby]], selected by the [[NomCom]], Dec. 2010 - 2013.
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* [[Bertrand de la Chapelle]], selected by the [[NomCom]], Dec. 2010 - 2013.
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* [[Erika Mann]], selected by the [[NomCom]], Dec. 2010 - 2013.
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* [[Sebastien Bachollet]], selected by the [[ALAC]], Dec. 2010 - 2013.
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* [[Chris Disspain]], selected by the [[ccNSO]], June 2011 - June 2014.
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* [[Bill Graham]], selected by the [[GNSO]], June 2011 - June 2014.
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* [[Raymond A. Plzak]], selected by the [[ASO]], May 2009 - April 2012.
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* [[Kuo-Wei Wu]], selected by the [[ASO]], April 2010 - 2012.
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* [[Michael Silber]], selected by the [[ccNSO]], May 2009 - April 2012.
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* [[Judith Duavit Vazquez]]- selected by the [[NomCom]]- October 2011-AGM 2014
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====Current Non-Voting Liaisons====
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===The Memorandum of Understanding===
* [[Heather Dryden]], [[GAC]] liaison
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On November 25, 1998, The U.S. [[DOC|Department of Commerce]] and ICANN entered into a Memorandum of Understanding ([[MoU]]),<ref name="icann-mou"></ref> which officially recognized ICANN as the entity that would:
* [[Suzanne Woolf]], [[RSSAC]] liaison
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* [[Ram Mohan]], [[SSAC]] liaison
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* [[Reinhard Scholl]], [[TLG]] liaison
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* [[Thomas Narten]], [[IETF]] liaison
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===GNSO===
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# Establish policy for and direct the allocation of IP number blocks;
: ''Main article: [[GNSO]]''
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# Oversee the operation of the authoritative root server system;
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# Oversee the policy for determining the circumstances under which new [[TLD]]s would be added to the root system;
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# Coordinate the assignment of other Internet technical parameters as needed to maintain universal connectivity on the Internet; and
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# Oversee other activities necessary to coordinate the specified [[DNS]] management functions, as agreed by the Department of Commerce and ICANN.
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The [[Generic Names Supporting Organization]] (GNSO) brings together smaller stakeholder groups, which in turn bring together constituencies and other groups, together into one [[SO|Supporting Organization]] to develop policies, form consensus, and make recommendations related to [[gTLD]]s to the [[ICANN Board]].<ref>[http://gnso.icann.org/ GNSO.ICANN.org]</ref>
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Once again, these responsibilities would be undertaken and guided by the principles of stability, competition, private bottom-up coordination, and representation.<ref name="icann-mou"></ref> The agreement established ICANN as an entity that would encourage transparency and create room for appeals for any binding decisions it would make. The Department of Commerce later noted that it was comfortable ceding its control to ICANN, as it seemed like the best step towards true privatization while still binding the authority of the institution to the American policies found within the [[MoU]].<ref name="congress">[http://commdocs.house.gov/committees/judiciary/hju63594.000/hju63594_0f.htm Congressional Hearing].Published 1999 July.</ref> The original agreement was set with an expiration of September 30th, 2000.<ref name="icann-mou"></ref> The [[MoU]] has been amended several times.
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===ccNSO===
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ICANN's bottom-up focus and its periodic structural reviews lead to a revision of its [[ICANN Bylaws|bylaws]] and the introduction of new entities and policies. One such rush of changes happened in and around the year 2000, when the prospective changes and the discussions surrounding them spurned people to talk of "ICANN 2.0".<ref>[http://llr.lls.edu/volumes/v36-issue3/froomkin.pdf "ICANN 2.0 Meet the New Boss"]</ref>
: ''Main article: [[ccNSO]]''
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The [[Country Code Names Supporting Organization]] (ccNSO)  is an advisory body within ICANN created by and for [[ccTLD]] managers, which are the entities that oversee a given nation's own Country Code Top Level Domain. The ccNSO is a consortium of working groups and the ccNSO Council, and it works in conjunction with other supporting organizations and bodies within ICANN. It was founded in 2003. It is a forum for global discussions and debates regarding issues related to ccTLDs.<ref>[http://ccnso.icann.org/about About, CCNSO.ICANN.org]</ref>
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====Registrar Accreditation Process====
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On February 8th, 1999, ICANN posted its Draft Guidelines for [[Registrar]] Accreditation for public commentary.<ref>ref name="accreditation"</ref> The guidelines were formed through consultation with the [[DOC]] and [[NSI]], and further tailored after the session of public commentary.<ref>[http://www.mail-archive.com/list@ifwp.org/msg01253.html Press Release: ICANN Releases Draft Accreditation Guidelines]. Mail Archive. Published 1999 February 8.</ref> Some issues raised during the period of public commentary include: concerns regarding the inherent bureaucracy, inadequate protections for intellectual property, and the reasoning behind accrediting registrars before the [[DNSO]] was constituted.<ref>[http://cyber.law.harvard.edu/icann/singapore-0399/archive/scribe.html ICANN Public Meeting Details]. Harvard Law.</ref> The ICANN board accepted the revised [[Registrar Accreditation Agreement|Statement of Registrar Accreditation Policy]] at their March, 1999 meeting in Singapore.<ref>ref name="accreditation"</ref>
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===ASO===
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The initial policy called for [[Registrar|registrars]] to provide secure access to the [[Registry|registry]], be operationally capable of handling significant registration volume, maintain electronic transaction records, handle and provide prompt service to [[SLD]] requests, provide security, handle seamless transfers of customers who desire to switch registrars, employ an adequately sized staff, and have measures in place to protect the interests of their customers should the registrar fail. The registrar would also have to demonstrate that it had a sufficient liability insurance policy and store of liquid assets. A concern over creating and maintaining a valid registry service is evidenced in the requirement that information regarding each registrant of a [[SLD]] would have to be submitted by the registrar to [[NSI]] for inclusion in its registry. Providing a searchable [[Whois]] service was also required. Application fees for those applying to be included in the Phase 1 testbed cost $2,500, the general application fee was $1,000. Annual accreditation fees, amounting to $5,000, would also be assessed.<ref>[http://www.icann.org/en/registrars/policy_statement.html Statement of Registrar Accreditation Policy]</ref>
: ''Main article: [[ASO]]''
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The [[Address Supporting Organization]] (ASO) is one of the supporting organizations that was formed, according to ICANN's bylaws, through community consensus in 1999. The main objective of the ASO is to review and develop [[IP|Internet Protocol]] recommendations, address policy, and advise the [[ICANN Board]].<ref>[http://aso.icann.org/ ASO definition]</ref> Its members are appointed by the world's 5 [[RIR|Regional Internet Registries]] (RIRs), which manage and allocate IP addresses in their respective continental regions.<ref>[http://www.apnic.net/community/about-the-internet-community/addressing/nro/aso APNIC About]</ref><ref>[http://aso.icann.org/people/address-council/address-council-members/ ASO.ICANN.org]</ref>
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The [[Registration Accreditation Agreement]] was unanimously amended by the ICANN board in May, 2009.<ref> ref name="accreditation"</ref>
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==Process==
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===Further Developments===
===Meetings===
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* [[IDN Committee]] is established, 2001.<ref>[http://www.icann.org/en/minutes/minutes-10sep01.htm#01.94 ICANN.org]</ref>
: ''Main article: [[ICANN Meetings]]''
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* The approval of [[LACNIC]] as a [[RIR]], 2002.<ref>[http://www.icann.org/en/minutes/prelim-report-31oct02.htm#EvolutionandReform Regular Meeting of the Board Minutes]. ICANN. Published 2001 September 10.</ref>
ICANN holds week-long meetings 3 times per year; one of these meetings serves as the organization's annual meeting, where new board directors take their appointed seats. These meetings are held in a different location each time, with each global region hosting a meeting before the regional cycle is started anew.<ref>[http://meetings.icann.org/about ICANN About Meetings]</ref> The next meeting will be the 41st meeting in Singapore. The 41st meeting was scheduled to be held in Amman, Jordan, before it was moved due to security concerns.<ref>[http://www.domainnamenews.com/icann-policy/icann-meeting-june-moved-jordan/8809 DNN.com]</ref> Singapore was then selected to host that meeting.<ref>[http://www.goldsteinreport.com/article.php?article=13838 Goldstein Report.com]</ref>
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* Approval of [[RegistryPro]]'s [[.pro]] [[TLD]], 2002.<ref name="accra"></ref>
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* Creation of [[Executive Search Committee]], 2002.<ref name="bucharest"></ref>
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* New [[TLD]] evaluation process began, 2002.<ref>[http://www.icann.org/en/minutes/minutes-annual-meeting-15dec02.htm#AmendmentofNewBylaws Fourth Annual Meeting of the Board Minutes]. ICANN. Published 2002 December 15.</ref>
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* The [[Board Governance Committee]] was created, 2003.<ref>[http://www.icann.org/en/minutes/prelim-report-27mar03.htm Preliminary Report | Regular Meeting of the Board - Rio de Janeiro]. ICANN. Published 2003 March 27.</ref>
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* The [[ccNSO]] was officially created, 2004.<ref>[http://www.icann.org/en/minutes/rome-resolutions-06mar04.htm Resolutions Adopted at Rome ICANN Board Meeting | Regular Meeting of the Board, Rome, Italy]. ICANN. Published 2004 March 6.</ref>
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* [[AfriNIC]] provisionally recognized as a [[RIR]], 2004; officially recognized, 2005.<ref>[http://www.icann.org/en/announcements/announcement-14mar05.htm AfriNIC Application for Recognition as Regional Internet Registry Public Comment Forum]. ICANN. Published 2005 March 14.</ref>
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Meetings officially begin on a Monday, though some [[SO|supporting organizations]] meet prior to this, and run through Friday.  
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====gTLD Expansion====
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: ''Main article: [[gTLD]]''
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The discussion of creating new [[gTLD|Generic Top-Level Domains]] has been around since the inception of ICANN; there was no set number fixed, and the fact that the [[.com]] extension has long been the most widely used and recognizable top-level domain was encouraged by ICANN's slow policy development process. It was underwritten in the 2001 amendments to their [[MoU]] with the U.S. [[DOC|Department of Commerce]] that ICANN was to "collaborate on the design, development and testing of a plan for creating a process that will consider the possible expansion of the number of gTLDs".<ref>[http://www.ntia.doc.gov/ntiahome/domainname/icann-memorandum.htm Memorandum of Understanding Between the U.S. Department of Commerce and the Internet Corporation for Assigned Names and Numbers]. National Telecommunications & Information Administration.</ref>
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A fellowship program is in place to bring in individuals who have a desire or need to attend but do not have the financial backing to attend on their own.<ref>[http://www.icann.org/en/fellowships/ Fellowship Program]</ref>
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In 2000, a number of Working Groups that had been created the year before submitted reports on their take on the introduction of new TLDs; most notably, Working Group C called for a limited number of extensions to be introduced. The Board continued to move ahead with new TLD introduction, creating [http://www.icann.org/en/tlds/application-process-03aug00.htm this] application process. The task force that worked with the process helped [[.aero]], [[.biz]], [[.coop]], [[.info]], [[.museum]], [[.name]], and [[.pro]] all become recognized extensions in 2000.
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===Review Processes===
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At the October 2003 meeting in Carthage, [[ICANN Board|the Board]] passed its most significant resolution to date on fully opening the gTLD creation process. In it they recognized their obligation to develop new gTLDs in an effective, transparent, and stable manner, the overdue nature of a formal process for gTLD expansion, and the problems they faced when introducing the last round of extensions in 2000. Thus, they resolved to begin to dedicate significant resources to the issue and to establish a public forum in order to receive community input.<ref>[http://www.icann.org/en/announcements/advisory-31oct03.htm ICANN Board Resolutions in Carthage, Tunisia]. ICANN. Published 2003 October 31.</ref>
ICANN has mechanisms in place for any individual or entity to solicit a reappraisal of any board decision that affects them. The [[Board Governance Committee]] is in charge of reviewing all reconsideration requests, which are submitted electronically and must be responded to within 30 days. The boards actions are also reviewed by an [[IRP|Independent Review Panel]], which has the power to call attention to discrepancies between the [[ICANN Bylaws|bylaws]] and actions taken by the board, and recommend that the board readdress certain issues. Furthermore, ICANN's structure and operations, including every supporting organization and committee, is also subject to occasional reviews.<ref>[http://www.icann.org/en/general/bylaws.htm ICANN Bylaws]</ref>
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==History: The Beginning==
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In 2003, important new [[sTLD]]s began being proposed. While these domains are different from [[gTLD]]s in that they are sponsored by a given constituency, this can be seen as another way in which the wider community was pressing for a greater variety of domain space. Applications came from [[.asia]], [[.xxx]], [[.net]], [[.cat]], [[.mobi]], [[.jobs]], and [[.travel]].<ref>[http://www.icann.org/en/minutes/index-2005.html 2005 Board Meetings]</ref>; they all went on to approval in 2005-2006, except for the controversial [[.xxx]],<ref>[http://www.icann.org/en/tlds/stld-apps-19mar04/ Information Page for Sponsored Top-Level Domains]. ICANN.</ref> which went through a much more contentious and drawn out process but was still approved in March, 2011 at [[ICANN 40]].<ref>[http://www.icann.org/en/tlds/agreements/xxx/ .XXX Registry Agreement]. ICANN. Published 2011 March 31.</ref>
On July 1st, 1997, U.S. President Bill Clinton  directed the Secretary of Commerce to privatize the management of the [[DNS]], which had heretofore been managed by the Defense Advanced Research Projects Agency ([[DARPA]]), the National Science Foundation ([[NSF]]) and other U.S. research agencies.<ref>[http://www.ntia.doc.gov/ntiahome/domainname/022098fedreg.htm NTIA Green Paper]</ref> The goal was to open the Internet to greater international participation, and to bolster it as a new medium of commercial competition and exchange.<ref>[http://www.icann.org/en/general/icann-mou-25nov98.htm ICANN DOC MoU]</ref>
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On July 2nd, the [[DOC|Department of Commerce]] requested public input regarding [[DNS]] administration and structure, policy input regarding new registrars and the creation of new [[TLD]]s, and concerns regarding trademarks. More than 1,500 pages of comments were received.<ref>[http://www.ntia.doc.gov/ntiahome/domainname/6_5_98dns.htm NTIA]</ref>
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:''Main article: [[New gTLD Program]]''
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After the results of the 2000 and 2003 expansions of new gTLDs, a [[PDP|Policy Development Process]] in connection with the introduction of new gTLDs was developed by the [[Generic Names Supporting Organization]] (GNSO), which lasted from 2005 until 2007. During this Policy Development Process, the GNSO conducted extensive and detailed consultations with all constituencies within the ICANN global internet community. In 2008, 19 Specific Policy Recommendations were adopted by the ICANN Board for the implementation of new gTLDs, which describe the specifics of allocation and the contractual conditions. ICANN involved the global internet community in an open, inclusive and transparent implementation process to comment, review and provide their input toward creating the Applicant Guidebook for New gTLDs. The protection of intellectual property, community interests, consumer protection, and DNS stability were addressed during the process. Different versions and multiple drafts of the Applicant Guidebook were released in 2008. By June 2011, the ICANN Board launched the New gTLD Program, at the same time approving the [https://newgtlds.icann.org/en/applicants/agb New gTLD Applicant Guidebook].<ref>[http://newgtlds.icann.org/about/program About the New gTLD Program]. ICANN.</ref> The Board announced the possibility of a 9th version of the Guidebook in January 2012, but the industry speculated that there was little chance that the changes would be more than clarification, as opposed to new rules and policies.<ref>[http://domainincite.com/icann-confirms-possible-new-applicant-guidebook/ ICANN Confirms Possible New Applicant Guidebook]. Domain Incite. Published 2012 January 4.</ref>
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In January, 1998, an agency of the [[DOC|Department of Commerce]] ([[NTIA]]) issued what has become known as the "[[Green Paper]]." The document was a proposal which made clear that the agency intended to empower a non-profit entity to take control of the Internet and its [[DNS]] system.<ref>[http://www.icann.org/en/general/white-paper-05jun98.htm ICANN White Paper]</ref> The proposal drew criticism from some American lawmakers and other concerned individuals who saw the American-fostered Internet about to be handed over to a Swiss entity.<ref>[http://www.icann.org/en/comments-mail/icann-current/msg00800.html ICANN Green Paper v. White Paper correspondence]</ref> The revised "[[White Paper]]" addressed some of those concerns but still posited the need for an Internet organization which could respect and foster stability, competition, bottom-up coordination, and international representation, while also establishing appropriate protocol and administrative mechanisms.<ref>[http://cyber.law.harvard.edu/rcs/principles.html Harvard Law Document]</ref> The "[[White Paper]]" did not clarify all of the divisive issues but instead called for the proposed entity to utilize its self-governance to decide on the issues at hand itself.<ref>[http://www.icann.org/en/comments-mail/icann-current/msg00800.html ICANN Greev v. White Paper correspondence]</ref> The White Paper spurned the creation of the [[International Forum on the White Paper]], which involved the creation and meeting of four globally regional forums, and brought together some 1,000 Internet stakeholders. The IFWP did not create any specific proposal in response to NTIA's White Paper, but it did create a valuable body of thought and laid the foundations for future Internet governance and multi-stakeholder conferences and organizations.<ref>[http://www.ntia.doc.gov/legacy/ntiahome/domainname/proposals/bosgrp/submission-letter.html Letter from Boston Working Group to Ira Magaziner, ntia.doc.gov]</ref>
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In November 2012, ICANN, [[Verisign]], and [[NTIA]] all confirmed that they were prepared with enough resources to begin launching 100 new gTLDs per week.<ref>[http://domainincite.com/10961-icann-verisign-and-ntia-ready-for-100-new-gtlds-per-week ICANN Verisign and NTIA ready for 100 new gTLDs per Week]. Domain Incite. Published 2012 November 8.</ref>
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===The Memorandum of Understanding===
+
* [http://www.icann.org/en/about/financials/investment-policy-new-gtld Investment Policy re: New gTLDs, Adopted Dec. 2012]
On November 25th, 1998, The U.S. [[DOC|Department of Commerce]] and ICANN entered into a Memorandum of Understanding ([[MoU]]),<ref>[http://www.icann.org/en/general/icann-mou-25nov98.htm ICANN MoU]</ref> which officially recognized ICANN as the entity that would:
     −
a. Establish policy for and direct the allocation of IP number blocks;
+
====Second Round of Applications====
 +
On February 7, 2012, the [[ICANN Board]] approved the implementation of a second round and application window for the new gTLD program in response to the request of the global Internet community, particularly the members of [[CADNA]]. The board delegated the [[ICANN CEO]] to work with the Internet community to develop a work plan and the needed prerequisites to open the second round of application for new gTLDs.<ref>[http://www.icann.org/en/groups/board/documents/resolutions-07feb12-en.htm#4 Approved Board Resolutions | Special Meeting of the ICANN Board]. ICANN. Published 2012 February 7.</ref>
   −
b. Oversee the operation of the authoritative root server system;
+
====Physical Expansion====
 +
In September 2011, the [[ICANN Board]] approved resolutions to secure new office space for the organization. It is possible they will negotiate for more space at their current location, or that they find a new space at their headquarters of Marina Del Rey. It was also decided to begin permanently leasing its office space in Brussels instead of continuing to rent their space month-to-month. Much of its expansion is related to the new [[gTLD]] program. At the time of the board's decision, ICANN staff numbered 124, with 21 open positions to be filled. The 2012 budget includes $2.1 million for office space acquisition and maintenance for its offices in Marina Del Rey, Brussels, Sydney, Paolo Alto, and Washington D.C..<ref>[http://domainincite.com/as-new-gtlds-loom-icann-expands/ New gTLDs expand ICANN] Domain Incite. Published 2011 September 21.</ref> The Sydney office went on to be closed in 2012.
   −
c. Oversee the policy for determining the circumstances under which new [[TLD]]s would be added to the root system;
+
In February 2013, former CEO Fadi Chehadé announced that ICANN's office in L.A. would diminish in importance while two new "hubs" would be created to fill the gap and provide new means of outreach to ICANN's international constituents. The hubs are to be located in Singapore and Istanbul, and are to act with far more authority and purpose than a stand-alone office; it is clear that many senior staff from the L.A. office will be asked to move, and the CEO himself said he will be based in Singapore once that office is up and running.<ref>[http://nigel.je/2013/02/icann-la-to-be-broken-up-begging-letters-to-stop/ ICANN LA To be Broken Up Begging Letters to Stop, Nigel.je] Retrieved 25 Feb 2012</ref><ref>[http://domainincite.com/11967-icann-to-set-up-hubs-in-singapore-and-istanbul ICANN to Set up Hubs in Singapore and Istanbul, DomainIncite.com] Retrieved 25 Feb 2013</ref> The news was announced during Mr. Chehadé's first comprehensive tour of Asia, with trips to South Korea, China, Japan, and Singapore. He noted that ICANN needed to apologize to Asia, as it had long not been given the attention it deserved within the organization.<ref>[http://www.zdnet.com/sg/icann-ceo-we-owe-asia-a-big-apology-7000011762/ ICANN CEO We Owe Asia a Big Apology, ZDnet.com] Retrieved 25 Feb 2013</ref>
   −
d. Coordinate the assignment of other Internet technical parameters as needed to maintain universal connectivity on the Internet; and  
+
As of 2017, ICANN has offices in Los Angeles, Singapore, Montevideo, and Brussels. It has engagement centers in Geneva, Beijing, Nairobi, and Washington, DC.<ref>[https://forms.icann.org/en/contact ICANN Contact Page]. Retrieved 22 Nov 2017.</ref>
   −
e. Oversee other activities necessary to coordinate the specified [[DNS]] management functions, as agreed by the Department of Commerce and ICANN.
+
====Time Zone Database====
 +
On October 14th, 2011, ICANN announced that it would take over the management of the [[Internet Time Zone Database]], which contains the code and data that computer programs and operating systems rely on to determine a given location's correct time. It agreed to pick up this new responsibility after a request from [[IETF]]. Prior to this, the Time Zone Database was managed by a group of volunteers, namely its coordinator, [[Arthur David Olson]] at the US National Institutes of Health.<ref>[http://www.icann.org/en/news/releases/release-14oct11-en.pdf ICANN to Manage Time Zone Database]. ICANN. Published 2011 October 14.</ref>
   −
Once again, these responsibilities would be undertaken and guided by the principles of stability, competition, private bottom-up coordination, and representation.<ref>[http://www.icann.org/en/general/icann-mou-25nov98.htm ICANN DOC MoU]</ref> The agreement established ICANN as an entity that would encourage transparency in its dealings and would create ample room for appeals for any binding decisions it would make. The Department of Commerce later noted that it was comfortable ceding its control to ICANN, as it seemed like the best step towards true privatization while still binding the authority of the institution to the American policies found within the [[MoU]].<ref>[http://commdocs.house.gov/committees/judiciary/hju63594.000/hju63594_0f.htm Congressional Hearing]</ref> The original agreement was set with an expiration of September 30th, 2000.<ref>[http://www.icann.org/en/general/icann-mou-25nov98.htm ICANN DOC MoU]</ref> The [[MoU]] has been amended several times.
+
====IANA Functions Stewardship Transition====
 +
: ''Main article: [[IANA Functions Stewardship Transition]]''
   −
===The First Three Supporting Organizations===
+
In March 2014, [[NTIA]] released a statement saying that they are intent on transitioning their part of the [[IANA]] functions away from NTIA and to the global stakeholder community. <ref>[http://www.ntia.doc.gov/press-release/2014/ntia-announces-intent-transition-key-internet-domain-name-functions NTIA announces intent to transition key domain name functions]</ref> ICANN issued a press release supporting this shift. <ref>[https://www.icann.org/resources/press-material/release-2014-03-14-en Press release, March 14 2014]</ref>
The three original supporting organizations include: <ref>[http://www.caslon.com.au/icannprofile2.htm#dnso ICANN Profile, Structure and Personnel Review]</ref>
  −
* '''[[DNSO|Domain Names Supporting Organization]] (DNSO)''' provides policy advice to the [[ICANN Board]] on issues related to the [[DNS|Domain Name System]] (DNS) and IP addresses. The ICANN Board established the Bylaw provisions for the basic structure of the DNSO on March 31, 1999.<ref>[http://archive.icann.org/en/dnso/dnso1.htm DNSO Background]</ref> The DNSO was composed of the Names Council, General Assembly and Constituencies including ccTLD registries, gTLD registries, commercial and business entities, [[ISP]]s and connectivity providers, registrars and intellectual property.<ref>[http://archive.icann.org/en/meetings/berlin/berlin-resolutions.html#1 Resolution on DNSO Constituencies]</ref> On July 9, 2003 the DNSO was restructured and its responsibilities were transferred to the [[GNSO|Generic Names Supporting Organization]] (GNSO).<ref>[http://www.dnso.org/ DNSO Website]</ref> The organization ceased operation after the ICANN Board adopted Article XX: Transition Article of the New Bylaws on December 15, 2002.<ref>[http://www.icann.org/en/groups/board/documents/minutes-appb-15dec02-en.htm Appendix B to Minutes of Board Meeting, December 15, 2002]</ref>
  −
* '''[[ASO|Address Supporting Organization]] (ASO)''' is responsible for providing advice to the [[ICANN Board]] on issues related to the operation, assignment and management of Internet addresses. It is composed of an Address Council and representatives from the [[RIR|Regional Internet Registries]] (RIRs), including the [[APNIC|Asia Pacific Network Information Centre]] (APNIC), [[ARIN|American Registry for Internet Numbers]] (ARIN) and [[RIPE|Reseaux IP Europeens]] (RIPE).<ref>[http://www.icann.org/en/about/governance/bylaws/bylaws-29oct99-en.htm#V ICANN Bylaws As Amended and Restated on 29 October 1999]</ref> <ref>
  −
[http://www.caslon.com.au/icannprofile2.htm#dnso ICANN Profile, Structure and Personnel Review]</ref>
  −
* '''[[PSO|Protocol Supporting Organization]] (PSO)'''  advised the ICANN Board on issues related  to the assignment of parameters for Internet protocols through the PSO Council, which was composed of the [[IETF|Internet Engineering Task Force]] (IETF), [[W3C|World Wide Web Consortium]] (W3C), the [[ITU|International Telecommunications Union]] (ITU) and the [[ETSI|European Telecommunications Standards Institute]] (ETSI).<ref>[http://www.icann.org/en/about/governance/bylaws/bylaws-29oct99-en.htm#V ICANN Bylaws As Amended and Restated on 29 October 1999]</ref>
     −
===Initial Issues===
+
ICANN created a co-ordination group from nominations among 13 community stakeholder groups, totaling 27 individuals, which produced a draft transition document. On December 2, 2014, ICANN opened the public comment period on the draft transition document produced by the coordination group.<ref>[http://www.thedomains.com/2014/12/02/icann-opens-comment-period-for-its-move-out-of-us-control-deadline-is-december-22nd/ ICANN opens comment period for its move out of US control]</ref>
ICANN was immediately faced with two pressing, opposing issues: the task of reigning in [[cybersquatting]] by creating policies necessary to protect recognized trademarks, and conversely the need to expand the number of entities accredited to function as [[registrar]]s. Following the release of the [[White Paper]], [[WIPO]] began its own research into how to protect trademarks and intellectual property within the changing [[DNS]]. A congressional hearing some 7 months after the empowerment of ICANN recognized the steps that the new entity had already taken to protect intellectual property, recognized the headway WIPO had made in creating further proposals, and called on intellectual property owners to become involved in ICANN.<ref>[http://commdocs.house.gov/committees/judiciary/hju63594.000/hju63594_0f.htm Congressional Hearing, July 1999]</ref>
     −
WIPO's report, submitted to ICANN at their 1999 meeting in Berlin, supported the [[Whois]] system, but also recommended that, should the [[Whois]] system fail to provide adequate contact information for the trademark holder to contact the domain name holder, the [[registrar]] should be obliged to rectify the situation by canceling the domain name holder's rights to the name. ICANN immediately took steps to develop the nascent [[Whois]] system.
+
====A New Approach to Africa====
 +
On August 10, 2012, ICANN, with the support of [[AfriNIC]], announced an initiative to increase African participation in influence within ICANN. The initiative is the result of a meeting between [[Steve Crocker]], Chairman of ICANN's Board of Directors, ICANN's CEO-Designate [[Fadi Chehadé]], and Interim CEO [[Akram Atallah]], with African community members at [[ICANN 44]] in Prague, Czech Republic. Their goal is to develop a framework for ICANN's Africa strategy to be announced at [[ICANN 45]] in Toronto, Canada. A [[WG|working group]] was established, led by [[Nii Quaynor]] of Ghana, to contribute to the development of the strategy. The group is also to work with [[Tarek Kamel]], Head of Governmental Affairs.<ref>[http://www.icann.org/en/news/announcements/announcement-10aug12-en.htm A New Approach to Africa]. ICANN. Published 2012 August 10.</ref> The initiative has received strong support from African Internet stakeholders, including former Board Member [[Katim Touray]]. In March 2013, [[Fadi Chehadé]], expressed his desire to raise the number of registrars in Africa from 5 to 25, via personal and business relations with the banking and insurance sectors that would allow the African companies to more easily meet some form of tailored ICANN accreditation. His hope is to accomplish this in just a few months, with something implemented around ICANN 47 in Durban, in July 2013<ref>[http://domainincite.com/12181-chehade-commits-to-grow-the-number-of-domain-registrars-in-africa Chehade Commits to Grow The Number of Number of Domain Registrars in Africa, DomainIncite.com] Retrieved 8 Mar 2013</ref>
   −
The report also made recommendations regarding the process of accrediting new registrars, called for the creation of a concrete dispute resolution process for intellectual property issues within the [[DNS]], and also recommended that the creation of any new [[gTLD]]s should proceed slowly and with caution. These recommendations precipitated ICANN's [[Accreditation Guidelines]], the creation of the [[UDRP]], and the continued debate over how and when to increase the number of [[gTLD]]s.<ref>[http://commdocs.house.gov/committees/judiciary/hju63594.000/hju63594_0f.htm Congressional Hearing, July 1999]</ref>
+
====UDRP====
 +
''Main article: [[UDRP]]''
   −
===Registrar Accreditation===
+
On September 29th, 1999, ICANN posted the [[UDRP|Uniform Domain Name Resolution Policy]] for public comments. The process aimed to address problems arising from [[cybersquatting]] and protect intellectual property rights. This process was not solely a concern or product of ICANN, given [[WIPO]]'s earlier, and continued, effort on the [[UDRP]]. The policy asserts that it will transfer, delete, or asses other changes to any domain name held by a [[Domainer|domainer]]  which:
A month before the [[MoU]] officially recognized ICANN, the [[DOC|Department of Commerce]] and [[NSI]] amended their cooperative agreement. The agreement had previously maintained the [[NSI]] as the only registrar for the [[.com]], [[.org]], and [[.net]] domains.<ref>[http://www.icann.org/en/registrars/accreditation-history.htm accreditation history]</ref> The three amendments to the agreement removed the exclusive rights of NSI; amendment 11 called for the creation of a [[SRS|Shared Registry System]], whereby an unlimited number of competitive registrars would have access to one system managed by NSI.<ref>[http://www.ntia.doc.gov/ntiahome/domainname/proposals/docnsi100698.htm NTIA Amendment 11]</ref> Amendment 12 gave more time to NSI to complete important milestones in the liberalization of registry services; the final phase, which called for equal access to the [[SRS]] by all accredited [[Registrar|registrars]], was now given a deadline of about one year, October 25th, 1999.<ref>[http://www.ntia.doc.gov/ntiahome/domainname/amend12.htm NTIA Amendment 12]</ref> Amendment 13 attached a $9 fee for each [[SLD|second level domain]] name registered, payable as $18 for new registrations and $9 per year on the anniversary of the original registration.<ref>[http://www.ntia.doc.gov/ntiahome/domainname/amendment13.htm NTIA Amendment 13]</ref>
     −
On February 8th, 1999, ICANN posted its Draft Guidelines for [[Registrar]] Accreditation for public commentary.<ref>[http://www.icann.org/en/registrars/accreditation-history.htm ICANN Accreditation History]</ref> The guidelines were formed through consultation with the [[DOC]] and [[NSI]], and further tailored after the session of public commentary.<ref>[http://www.mail-archive.com/list@ifwp.org/msg01253.html Mail Archive]</ref> Some issues raised during the period of public commentary include: concerns regarding the inherent bureaucracy, inadequate protections for intellectual property, and the reasoning behind accrediting registrars before the [[DNSO]] was constituted.<ref>[http://cyber.law.harvard.edu/icann/singapore-0399/archive/scribe.html Harvard Law Singapore Document]</ref> The ICANN board accepted the revised [[Registrar Accreditation Agreement|Statement of Registrar Accreditation Policy]] at their March, 1999 meeting in Singapore.<ref>[http://www.icann.org/en/registrars/accreditation-history.htm ICANN Accreditation History]</ref>
+
# Is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
 +
# The domainer no rights or legitimate interests in respect of the domain name; and
 +
# The domain name in question has been registered and is being used in bad faith.<ref>[http://www.icann.org/en/udrp/udrp-policy-29sept99.htm Uniform Domain Name Dispute Resolution Policy]. ICANN. Published 1999 September 29.</ref>
   −
The initial policy called for [[Registrar|registrars]] to provide secure access to the [[Registry|registry]], be operationally capable of handling significant registration volume, maintain electronic transaction records, handle and provide prompt service to [[SLD]] requests, provide security, handle seamless transfers of customers who desire to switch registrars, employ an adequately sized staff, and have measures in place to protect the interests of their customers should the registrar fail. The registrar would also have to demonstrate that it had a sufficient liability insurance policy and store of liquid assets. A concern over creating and maintaining a valid registry service is evidenced in the requirement that information regarding each registrant of a [[SLD]] would have to be submitted by the registrar to [[NSI]] for inclusion in its registry. Providing a searchable [[Whois]] service was also required. Application fees for those applying to be included in the Phase 1 testbed cost $2,500, the general application fee was $1,000. Annual accreditation fees, amounting to $5,000, would also be assessed.<ref>[http://www.icann.org/en/registrars/policy_statement.html Statement of Registrar Accreditation Policy]</ref>
+
The same day, ICANN also issued the [http://www.icann.org/en/udrp/udrp-rules-29sept99.htm Rules for the UDRP], which set forth the procedure for filing and responding to complaints. This was also open for a period of public commentary.<ref>[http://www.icann.org/en/udrp/udrp-rules-29sept99.htm Rules for Uniform Domain Name Dispute Resolution Policy]]. ICANN. Published 1999 September 29.</ref> Some of the public comments can be found [http://www.icann.org/en/comments-mail/comment-udrp/current/maillist.html here].
   −
The [[Registration Accreditation Agreement]] was unanimously amended by the ICANN board in May, 2009.<ref>[http://www.icann.org/en/registrars/accreditation-history.htm ICANN Accrediation History]</ref>
+
ICANN adopted the [[UDRP]] at its November 1999 meeting in Los Angeles.<ref>[http://cyber.law.harvard.edu/udrp/overview.html Overview of Domain Name Policy Development]. Harvard Law.</ref>
   −
===The Testbed Period===
+
====Review and Transparency Development====
Numerous technical problems plagued the testbed period of the [[SRS]].<ref>[http://www.icann.org/en/registrars/update-14jun99.htm Andrew McLaughlin Memorandum]</ref> The aforementioned Amendment 12 established the testbed period as Phase 1 of the deployment of the SRS, and set a start date of April 26th, 1999, and an end date of June 25th, 1999.<ref>[http://www.ntia.doc.gov/ntiahome/domainname/amend12.htm Amendment 12]</ref> [[Register.com]] finally became the first of the 5 competitive [[Testbed Registrars|testbed registrars]] to successfully implement its interface with the SRS, which happened 6 weeks into the 2 month testbed period. The technical difficulties also extended to the deployment of the required [[Whois]] system.<ref>[http://www.icann.org/en/registrars/update-14jun99.htm Andrew McLaughlin Memorandum]</ref> Throughout the testbed period general applications for the later phases were being accepted.<ref>[http://www.icann.org/en/registrars/accreditation-history.htm ICANN Accreditation History]</ref> The [[DOC|Department of Commerce]] and the [[NSI]] extended the testbed period about 4 times,<ref>[http://cyber.law.harvard.edu/icann/pressingissues2000/briefingbook/milestones.html</ref> the final extension finally expired on November 5th, 1999.<ref>[http://www.icann.org/en/nsi/factsheet.htm Fact Sheet on Tentative Agreements among ICANN, the U.S. Department of Commerce, and Network Solutions, Inc.]</ref>
+
Many of the other developments at ICANN have been accomplished through the introduction of review teams, such as the Committee on ICANN Evolution and Reform. The push for reform was also significantly aided by [[Stuart Lynn]]'s "President's report: The Case for Reform,"<ref>[http://www.icann.org/en/general/lynn-reform-proposal-24feb02.htm President's Report: ICANN The Case for Reform]. ICANN. Published 2002 February 24.</ref> which was credited with starting the dialogue on reform and leading to the creation of a formal committee.<ref name="bucharest">[http://www.icann.org/en/minutes/prelim-report-28jun02.htm#EvolutionandReform ICANN Meeting in Bucharest Preliminary Report]]. ICANN. Published 2002 June 28.</ref>
   −
===UDRP===
+
ICANN adopted a new set of by-laws, which were first laid out by the aforementioned Evolution and Reform Committee, before being revised in response to Public Forums. Those by-laws can be read [http://www.icann.org/en/minutes/minutes-appa-31oct02.htm here]. The by-laws more clearly defined ICANN's mission and core values and improved apparatuses for review and greater transparency. The [[Reconsideration Committee]], [[IRP|Independent Review Panel]], and the [[Ombudsman]] all were strengthened as a part of this move towards a more transparent organization that is able to defend its actions and decisions.<ref>[http://www.icann.org/en/minutes/minutes-appa-31oct02.htm Appendix A to Minutes ICANN Board Meeting in Shanghai]. ICANN. Published 2002 October 31.</ref>
On September 29th, 1999, ICANN posted the [[UDRP|Uniform Domain Name Resolution Policy]] for public comments. The process aimed to address problems arising from [[cybersquatting]] and protect intellectual property rights. This process was not solely a concern or product of ICANN,given [[WIPO]]'s earlier, and continued, effort on the [[UDRP]]. The policy asserts that it will transfer, delete, or asses other changes to any domain name held by a [[Domainer|domainer]]  which:
     −
'''1.''' Is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
+
==ICANN Organizational Issues==
 +
:''See [[ICANN Bodies]] for a list of the key players in ICANN's [[Multistakeholder Model]].''
   −
'''2.''' The domainer no rights or legitimate interests in respect of the domain name; and
+
It is central to ICANN's mission that the organization is structured in a way that welcomes a variety of voices and seeks to represent diverse constituencies with continued interest in the Internet's development, from [[Registry|registries]], to [[:Category:Companies|corporations]], to individual Internet users. In relation to ICANN's structural development, there have been critics who have taken issue with its closed-door sessions, the role of the [[DOC|U.S. Department of Commerce]], and other structural and procedural rules.<ref>[http://sunburn.stanford.edu/~eroberts/courses/cs181/projects/the-domain-name-system/icannorg.html ICANN Organizational Structure]. Stanford University.</ref> ICANN has been described as being in a contentious oversight situation, with some countries calling for all U.S. influence to be removed from the organization by subordinating it to the U.N.'s jurisdiction, or suggesting similar solutions.<ref>[http://www.washingtonpost.com/wp-dyn/content/article/2011/02/28/AR2011022803719.html?hpid=topnews Obama administration joins critics of U.S. nonprofit group that oversees Internet]. The Washington Post. Published 2011 March 1.</ref> ICANN's structure and process are outlined in the [[ICANN Bylaws]].
   −
'''3.''' The domain name in question has been registered and is being used in bad faith.<ref>[http://www.icann.org/en/udrp/udrp-policy-29sept99.htm ICANN UDRP Policy]</ref>
+
===Board of Directors===
 +
: ''Main article: [[ICANN Board]]''
 +
ICANN is governed by a [[ICANN Board|Board of Directors]] made up of 16 voting members (including ICANN's CEO) and four non-voting liaisons.<ref name="bylaws">[http://www.icann.org/en/general/bylaws.htm ICANN Bylaws]. ICANN.</ref> From ICANN's inception to December 2011, being a board member was a voluntary position. At that time, the [[ICANN Board]] responded to mounting pressure regarding conflicts of interest and the notion that compensation would create a more professional and accountable body by awarding themselves a $35,000 annual salary.<ref name="dotnxt">[http://news.dot-nxt.com/2011/12/13/icann-board-dec-minutes ICANN Board awards itself $35,000, developing countries $138,000, and adds to confusion with secondary timestamp]. dotnxt. Published 2011 December 13.</ref>
   −
The same day, ICANN also issued the [http://www.icann.org/en/udrp/udrp-rules-29sept99.htm Rules for the UDRP], which set forth the procedure for filing and responding to complaints. This was also open for a period of public commentary.<ref>[http://www.icann.org/en/udrp/udrp-rules-29sept99.htm Rules for the UDRP]]</ref> Some of the public comments can be found [http://www.icann.org/en/comments-mail/comment-udrp/current/maillist.html here].
+
===Ombudsman===
 +
: ''Main article: [[Ombudsman]]''
 +
The [[Ombudsman]] is required to offer independent, impartial, and neutral informal dispute resolution for those who want to lodge a complaint about ICANN staff, board, or supporting organizations. The independence of this office has been called into question, as the person in this role is hired and fired by the ICANN Board and reports to the ICANN Chair. The length of tenure has also been debated.
   −
ICANN adopted the [[UDRP]] at its November, 1999, meeting in Los Angeles.<ref>[http://cyber.law.harvard.edu/udrp/overview.html Harvard Law UDRP Overview]</ref>
+
===GNSO===
 +
: ''Main article: [[GNSO]]''
 +
The [[Generic Names Supporting Organization]] (GNSO) brings together representatives of constituencies concerning [[gTLD]]s.<ref>[http://gnso.icann.org/ Generic Names Supporting Organization]</ref> As such, it has received criticism on its policy development process. Namely, [[Working Group]] dynamics and how the GNSO determines that it has reached [[consensus]] have proved particularly problematic.
   −
==History: ICANN 2.0==
+
===ccNSO===
ICANN's bottom-up focus and its periodic structural reviews lead to revision of its [[ICANN Bylaws|bylaws]] and the introduction of new entities and policies. One such rush of changes happened in and around the year 2000, when the prospective changes and the discussions surrounding them spurned people to talk of "ICANN 2.0".<ref>[http://llr.lls.edu/volumes/v36-issue3/froomkin.pdf "ICANN 2.0 Meet the New Boss"]</ref>
+
: ''Main article: [[ccNSO]]''
 +
The [[Country Code Names Supporting Organization]] (ccNSO) was created by and for [[ccTLD]] managers, which are the entities that oversee a given nation's own Country Code Top Level Domain.<ref>[http://ccnso.icann.org/about About].</ref> The main issues it faces are a shortage of candidates and a lack of transparency and accountability in its [[PDP]].
   −
===The Introduction of the ALAC===
+
===ASO===
One of the discussions and propositions which was involved in the debate surrounding "ICANN 2.0" was the introduction of a body which could represent individual Internet users.<ref>[http://www.caslon.com.au/icannprofile1.htm Caslon.com]</ref> This became known as the At-Large Committee, or [[ALAC]], and while it was finally introduced through amendments to the bylaws in 2002, it had been a hot topic for debate for years.<ref>[http://www.icann.org/en/committees/alac/ ICANN ALAC]</ref>
+
: ''Main article: [[ASO]]''
 +
The [[Address Supporting Organization]] (ASO) reviews and develop [[IP|Internet Protocol]] recommendations.<ref>[http://aso.icann.org/ The Address Supporting Organization]</ref> It has been criticized for lacking a single, authoritative description of the process for global numbering policies and a lack of transparency on the difference between the roles of the [[ASO]] and the [[NRO]], which is a non-ICANN body that strongly overlaps with the ASO.
   −
===Other Committees===
+
===GAC===
Many of the other new developments at ICANN were accomplished through the introduction of review teams; such as the  Committee on ICANN Evolution and Reform. Other Committees intent on expanding and specializing the role of ICANN were also created, such as the Security Committee, which eventually became the [[SSAC|Security and Stability Advisory Committee]]. Both of these committees were given official recognition in 2002.<ref>[http://www.icann.org/en/minutes/prelim-report-14mar02.htm#EvolutionandReformCommittee ICANN.org]</ref> The push for reform was also significantly aided by [[Stuart Lynn]]'s "President's report: The Case for Reform,"<ref>[http://www.icann.org/en/general/lynn-reform-proposal-24feb02.htm ICANN.org]</ref> which they credited for starting the dialogue on reform and leading to the creation of the more formal committee.<ref>[http://www.icann.org/en/minutes/prelim-report-28jun02.htm#EvolutionandReform ICANN Bucharest]]</ref>
+
: ''Main article: [[GAC]]
 +
The GAC advises the ICANN Board on how governments will react to potential policies. The GAC has come under fire for seemingly allow the governments they represent a veto power over ICANN decisions.<ref>[https://cdt.org/insights/icann-must-follow-its-own-rules/ ICANN Must follow its own rules. CDT]</ref>  
   −
ICANN adopted a new set of by-laws, which were first laid out by the aforementioned Evolution and Reform Committee, before being revised in response to Public Forums. Those by-laws can be read [http://www.icann.org/en/minutes/minutes-appa-31oct02.htm here]. The by-laws not only more clearly defined ICANN's mission and core values, but it also put in place and improved apparatuses for review and greater transparency. The [[Reconsideration Committee]], [[IRP|Independent Review Panel]], and the [[Ombudsman]] all were strengthened as a part of this move towards a more transparent organization that is able to defend its actions and decisions.<ref>[http://www.icann.org/en/minutes/minutes-appa-31oct02.htm ICANN.org]</ref>
+
===ALAC===
 +
: ''Main article: [[ALAC]]
 +
The At-Large Advisory Committee (ALAC) advocates for the interests of individual Internet users. ALAC was recently criticized for spending too much time on process and administrative issues, too little on policy advice, which was also considered of low quality. ALAC is also struggling with an uneven distribution of power.<ref>[https://www.icann.org/en/system/files/files/atlarge-review-final-02may17-en.pdf 2017 At-Large Review]</ref>
   −
===Further Developments===
+
===SSAC===
* [[IDN Committee]] is established, 2001.<ref>[http://www.icann.org/en/minutes/minutes-10sep01.htm#01.94 ICANN.org]</ref>
+
:''Main article: [[SSAC]]''
* The approval of [[LACNIC]] as a [[RIR]], 2002.<ref>[http://www.icann.org/en/minutes/prelim-report-31oct02.htm#EvolutionandReform ICANN Shanghai]</ref>
+
SSAC was originally intended to expand and specialize the role of ICANN, and it received official recognition in 2002.<ref name="accra">[http://www.icann.org/en/minutes/prelim-report-14mar02.htm#EvolutionandReformCommittee ICANN Meeting in Accra Preliminary Report]. ICANN. Published 2002 March 14.</ref> SSAC as a body and its individual members have been criticized for their lack of communication and engagement with other ICANN bodies.<ref>[https://www.icann.org/en/system/files/files/ssac-review-final-17dec18-en.pdf 2018 SSAC Review]</ref>
* Approval of [[RegistryPro]]'s [[.pro]] [[TLD]], 2002.<ref>[http://www.icann.org/en/minutes/prelim-report-14mar02.htm#EvolutionandReformCommittee ICANN.org]</ref>
  −
* Creation of [[Executive Search Committee]], 2002.<ref>[http://www.icann.org/en/minutes/prelim-report-28jun02.htm#EvolutionandReform ICANN Bucharest]</ref>
  −
* New [[TLD]] evaluation process began, 2002.<ref>[http://www.icann.org/en/minutes/minutes-annual-meeting-15dec02.htm#AmendmentofNewBylaws ICANN 4th Annual Meeting]</ref>
  −
* The [[Board Governance Committee]] was created, 2003.<ref>[http://www.icann.org/en/minutes/prelim-report-27mar03.htm ICANN Rio]</ref>
  −
* The [[ccNSO]] was officially created, 2004.<ref>[http://www.icann.org/en/minutes/rome-resolutions-06mar04.htm ICANN Rome]</ref>
  −
* [[AfriNIC]] provisionally recognized as a [[RIR]], 2004; officially recognized, 2005.<ref>[http://www.icann.org/en/announcements/announcement-14mar05.htm ICANN.org Announcements]</ref>
     −
====gTLD Expansion====
+
===RSSAC===
: ''Main article: [[gTLD]]''
+
:''Main article: [[RSSAC]]''
The discussion of creating new [[gTLD|Generic Top-Level Domains]] has been around since the inception of ICANN; there was no set number fixed, and the fact that the [[.com]] extension has long been the most widely used and recognizable top-level domain was encouraged by ICANN's slow policy development process. It was underwritten in the 2001 amendments to their [[MoU]] with the U.S.' [[DOC|Department of Commerce]] that ICANN was to "collaborate on the design, development and testing of a plan for creating a process that will consider the possible expansion of the number of gTLDs".<ref>[http://www.ntia.doc.gov/ntiahome/domainname/icann-memorandum.htm NTIA.doc.gov]</ref>
+
RSSAC advises ICANN on the operation, administration, security, and integrity of the Internet's Root Server System. It has come under fire for offering minimal, reactionary input rather than offering regular updates and being distrustful of non-RSO stakeholders.<ref>[https://www.icann.org/en/system/files/files/rssac-review-final-02jul18-en.pdf 2018 RSSAC Review]</ref>
   −
In 2000, a number of Working Groups that had been created the year before submitted reports on their take on the introduction of new TLDs; most notably, Working Group C called for a limited number of extensions to be introduced. The Board continued to move ahead with new TLD introduction, creating [http://www.icann.org/en/tlds/application-process-03aug00.htm this] application process. The task force that worked with the process helped [[.aero]], [[.biz]], [[.coop]], [[.info]], [[.museum]], [[.name]], and [[.pro]] all become recognized extensions in 2000.
+
==Process==
 +
ICANN generates and relies on a multitude of policies and practices. Some of the policies, such as those that govern [[DNS]], undergo a formal [[PDP]] and must culminate in an [[ICANN Board]] approval. The processes through which ICANN functions are developed through extensive dialogue in an effort to reflect the perspectives of various stakeholders in the ICANN community, but they do not require a PDP. Operational policies and General practices are examples of the latter.<ref>[https://www.icann.org/policy#what_is_policy What is Policy?]</ref>
 +
 +
===Policy Development===
 +
: ''Main article: [[PDP|ICANN Policy Development]]''
 +
DNS Policies are developed through formal policy development processes (PDPs), as set forth by the Bylaws.
   −
At the October, 2003 meeting in Carthage, [[ICANN Board|the Board]] passed its most significant resolution to date on fully opening the gTLD creation process. In it they recognized their obligation to develop new gTLDs in an effective, transparent, and stable manner, the overdue nature of a formal process for gTLD expansion, and the problems they faced when introducing the last round of extensions in 2000. Thus, they resolved to begin to dedicate significant resources to the issue and to establish a public forum in order to receive community input.<ref>[http://www.icann.org/en/announcements/advisory-31oct03.htm ICANN Carthage]</ref>
+
===Governance===
 +
: ''Main article: [[ICANN Governance]]''
 +
Governance refers to the operational policies that define how ICANN operates as an organization. These policies are not subject to PDPs and tend to depend on community input through less formal means.
   −
In 2003, important new [[sTLD]]s began being proposed. While these domains are different from [[gTLD]]s in that they are sponsored by a given constituency, this can be seen as another way in which the wider community was pressing for a greater variety of domain space. Applications came from [[.asia]], [[.xxx]], [[.net]], [[.cat]], [[.mobi]], [[.jobs]], and [[.travel]].<ref>[http://www.icann.org/en/minutes/index-2005.html 2005 Board Meetings]</ref>; they all went on to approval in 2005-2006, except for the controversial [[.xxx]],<ref>[http://www.icann.org/en/tlds/stld-apps-19mar04/ ICANN.org]</ref> which went through a much more contentious and drawn out process but was still approved in March, 2011 at [[ICANN 40]].<ref>[http://www.icann.org/en/tlds/agreements/xxx/ .XXX Registry Agreement]</ref>
+
===Meetings===
 
+
: ''Main article: [[ICANN Meetings]]''
==Recent Developments==
+
ICANN holds meetings three times per year; one of these meetings serves as the organization's annual general meeting, where new board directors take their appointed seats. These meetings are held in a different location each time, with each global region hosting a meeting before the regional cycle is started anew.<ref name="meetings"></ref> The next meeting will be the 61st meeting in San Juan, Puerto Rico.<ref>[http://blog.icann.org/2011/02/middle-east-developments-interfere-with-icann-41-jordan-meeting/ Middle East Developments Cause Cancellation of ICANN Jordan Meeting]. ICANN Blog. Published 2011 February 18.</ref> Meetings are designated as A, B, C, and each meeting has a varying length and purpose.
===New gTLD Program===
  −
: ''Main article: [[New gTLD Program]]''
  −
After the results of the 2000 and 2003 expansions of new gTLDs, a [[PDP|Policy Development Process]] in connection with the introduction of new gTLDs was developed by the [[Generic Names Supporting Organization]] (GNSO), which lasted from 2005 until 2007. During this Policy Development Process, the GNSO conducted extensive and detailed consultations with all constituencies within the ICANN global internet community. In 2008, 19 Specific Policy Recommendations were adopted by the ICANN Board for the implementation of new gTLDs, which describe the specifics of allocation and the contractual conditions. ICANN involved the global internet community in an open, inclusive and transparent implementation process to comment, review and provide their input toward creating the Applicant Guidebook for New gTLDs. The protection of intellectual property, community interests, consumer protection, and DNS stability were addressed during the process. Different versions and multiple drafts of the Applicant Guidebook were released in 2008. By June 2011, the ICANN Board launched the New gTLD Program, at the same time approving the [[New gTLD Applicant Guidebook]].<ref>[http://newgtlds.icann.org/about/program About the New gTLD Program]</ref> The Board announced the possibility of a 9th version of the Guidebook in January 2012, but the industry speculated that there was little chance that the changes would be more than clarification, as opposed to new rules and policies.<ref>[http://domainincite.com/icann-confirms-possible-new-applicant-guidebook/ ICANN Confirms Possible New Applicant Guidebook, DomainIncite.com]</ref>
  −
 
  −
===Physical Expansion===
  −
In September, 2011, the [[ICANN Board]] approved resolutions to secure new office space for the organization. It is possible they will negotiate for more space at their current location, or that they find a new space at their headquarters of Marina Del Rey. It was also decided to begin permanently leasing its office space in Brussels instead of continuing to rent their space month-to-month. Much of its expansion is related to the new [[gTLD]] program. At the time of the board's decision, ICANN staff numbered 124, with 21 open positions to be filled. The 2012 budget includes $2.1 million for office space acquisition and maintenance for its offices in Marina Del Rey, Brussels, Sydney, Paolo Alto, and Washington D.C..<ref>[http://domainincite.com/as-new-gtlds-loom-icann-expands/ New gTLDs expand ICANN, domainincite.com]</ref>
     −
===Conflicts of Interest===
+
===Accountability===
ICANN has never had a clear conflicts on interest policy, or any regulations in place that would prevent its most important staff members and its  directors from moving directly into employment within the industry. This is an issue given the fact that these people of power influence the decisions and market-power of ICANN, and thus they could help create programs and policies that they could then go on to financially benefit from. This notably came to a head in 2011, when a prominent staffer and the Chairman of the Board left ICANN for employment in the industry. Both were involved in developing ICANN's new [[gTLD]] program, and both went on the be employed in new gTLD related ventures.<ref>[http://domainincite.com/calls-to-fix-new-gtld-revolving-door-at-icann/ Calls to Fix Revolving Door, DomainIncite.com]</ref>
+
: ''Main article: [[ICANN Accountability]]''
   −
The Chairman of the board in question was [[Peter Dengate Thrush]], who led the directors to the historic approval of a new gTLD program and timeline at [[ICANN 41]] in Singapore. This was his final meeting as Chairman of the board due to the determined term limits. Mr. Thrush went on, weeks later, to become the Executive Chairman of [[Top Level Domain Holdings]], the parent company of new gTLD registry and consultancy, [[Minds + Machines]]. He was the first chair to move directly into a high-paying, domain name industry job.<ref>[http://domainincite.com/former-icann-chair-joins-mm/ Fomer ICANN Chair Joins M + M, DomainIncite.com]</ref>
+
===Reviews===
 +
: ''Main article: [[ICANN Reviews]]''
 +
ICANN has mechanisms in place for any individual or entity to solicit a reappraisal of any board decision that affects them. The [[Board Governance Committee]] is in charge of reviewing all reconsideration requests, which are submitted electronically and must be responded to within 30 days. The board's actions are also reviewed by an [[IRP|Independent Review Panel]], which has the power to call attention to discrepancies between the [[ICANN Bylaws|bylaws]] and actions taken by the board, and recommend that the board readdress certain issues. Furthermore, ICANN's structure and operations, including every supporting organization and committee, is also subject to occasional reviews.<ref name="bylaws"></ref>
   −
Following Mr. Thrush's move to Minds + Machines, a number of outside organizations and ICANN stakeholders called for a concrete ethics policy to be set in place, these include: U.S. Senator Ron Wyden, the [[Association of National Advertisers]], The [[European Commission]], The U.S. [[Department of Commerce]], the French government, and other IP and industry organizations.<ref>[http://domainincite.com/would-an-icann-ethics-policy-break-the-law/ Would an ICANN ethics policy break the law, DomainIncite.com]</ref> ICANN's CEO, [[Rod Beckstrom]] had previously noted at the opening ceremony to ICANN 42, even before Peter Dengate Thrush moved on, that he was encouraged by the fact that the ICANN community was moving to fix the lack of clear ethics rules within the organization. [[AusRegistry]]'s CEO, [[Adrian Kinderis]], later noted the converse fact that without clear ethics policies he and his industry would continue to go after ICANN's most knowledgeable and prepared individuals for their own gain.<ref>[http://domainincite.com/calls-to-fix-new-gtld-revolving-door-at-icann/ Calls to Fix Revolving Door, DomainIncite.com]</ref>
+
==Conflicts of Interest==
 +
ICANN adopted a Conflict of Interest policy in 2012.<ref>I[https://www.icann.org/resources/pages/governance/coi-en CANN Conflict of Interest Policy]. Retrieved 21 Nov 2017. </ref> The policy requires that all Board Members, as well as those in various other positions, disclose any and all potential conflicts of interest to the [[Board Governance Committee]]. They must then abstain from any ICANN activities related to the conflict of interest,<ref>[http://www.icann.org/en/committees/board-governance/coi/ ICANN Conflict of Interest Policy]. ICANN. Published 2012 May 6.</ref> Board members also may not join business with a new gTLD registry until 12 months after the registry's application has been voted on.<ref name="dotnxt" /> Prior to the policy, ICANN did not have a clear position. This notably came to a head in 2011, when a prominent staffer and the Chairman of the Board left ICANN for employment in the industry. Both were involved in developing ICANN's new [[gTLD]] program, and both went on the be employed in new gTLD related ventures.<ref name="revolvingdoor">[http://domainincite.com/calls-to-fix-new-gtld-revolving-door-at-icann/ Calls to Fix Revolving Door]. Domain Incite. Published 2011 June 26.</ref>
   −
Following these developments, ICANN announced it would hire outside ethics experts to review its policies and make recommendations. The decision was made during a September, 2011 meeting of the board governance committee.<ref>[http://domainincite.com/icann-to-hire-conflict-of-interest-experts/ ICANN to Hire Conflict of Interest Experts]</ref>
+
ICANN's CEO, [[Rod Beckstrom]] had previously noted at the opening ceremony to ICANN 42, even before staff member moved on, that he was encouraged by the fact that the ICANN community was moving to fix the lack of clear ethics rules within the organization. Following these developments, ICANN announced it would hire outside ethics experts to review its policies and make recommendations. The decision was made during a September, 2011 meeting of the board governance committee.<ref>[http://domainincite.com/icann-to-hire-conflict-of-interest-experts/ ICANN to Hire Conflict of Interest Experts]. Domain Incite. Published 2011 October 6.</ref>
 
  −
A new Conflict of Interest Policy was released on December 8th, 2011, effective immediately. The policy requires that all Board Members, as well as those in various other postions, disclose any and all potential conflicts of interest to the [[Board Governance Committee]]. They must then abstain from any ICANN activities related to the conflict of interest,<ref>[http://www.icann.org/en/committees/board-governance/coi/ ICANN Conflict of Interest Policy]</ref> Board members also may not join business with a new gTLD registry until 12 months after the registry's application has been voted on.<ref>[http://news.dot-nxt.com/2011/12/13/icann-board-dec-minutes ICANN Board December Minutes, dot-nxt.com]</ref>
  −
 
  −
===Time Zone Database===
  −
On October 14th, 2011, ICANN announced that it would take over the management of the [[Internet Time Zone Database]], which contains the code and data that computer programs and operating systems rely on to determine a given location's correct time. It agreed to pick up this new responsibility after a request from [[IETF]]. Prior to this, the Time Zone Database was managed by a group of volunteers, namely its coordinator, [[Arthur David Olson]] at the US National Institutes of Health.<ref>[http://www.icann.org/en/news/releases/release-14oct11-en.pdf ICANN Press Release]</ref>
      
===Manwin Anti-Trust Lawsuit===
 
===Manwin Anti-Trust Lawsuit===
[[Manwin]], one of the most prominent adult content producers on the Internet, filed an Anti-Trust suit against both [[ICM Registry]] and ICANN over the creation and implementation of the [[.xxx]] [[sTLD]]. This legal action took place in November, 2011, well after the TLD's approval and just before its general availability.<ref>[http://www.thedomains.com/2011/11/16/bbreaking-owner-of-youporn-com-plans-to-file-suit-against-icm-icann-over-xxx/ Owner of YouPorn.com Plans to File Suit Against ICM ICANN over XXX, TheDomains.com]</ref> It also filed an [[IRP|Independent Review Panel]] (IRP) Request with ICANN, making it only the second company ever to do so (the first being ICM Registry itself). Manwin felt that ICANN did not “adequately address issues including competition, consumer protection, malicious abuse and rights protection prior to approving the .xxx TLD."<ref>[http://domainincite.com/youporn-challenges-new-gtlds-with-review-demand/ YouPorn Challenges New gTLDs with Review Demand, DomainIncite.com]</ref>
+
:: ''Main article: [[sTLD]]''
 +
[[Manwin]], one of the most prominent adult content producers on the Internet, filed an Anti-Trust suit against both [[ICM Registry]] and ICANN over the creation and implementation of the [[.xxx]] [[sTLD]]. This legal action took place in November 2011, well after the TLD's approval and just before its general availability.<ref>[http://www.thedomains.com/2011/11/16/bbreaking-owner-of-youporn-com-plans-to-file-suit-against-icm-icann-over-xxx/ Owner of YouPorn.com Plans to File Suit Against ICM ICANN over XXX]. The Domains. Published 2011 November 16.</ref> It also filed an [[IRP|Independent Review Panel]] (IRP) Request with ICANN, making it only the second company ever to do so (the first being ICM Registry itself). Manwin felt that ICANN did not "adequately address issues including competition, consumer protection, malicious abuse, and rights protection prior to approving the .xxx TLD."<ref>[http://domainincite.com/youporn-challenges-new-gtlds-with-review-demand/ YouPorn Challenges New gTLDs with Review Demand]. Domain Incite. Published 2011 November 17.</ref>
   −
In January, 2012, ICANN and ICM both filed motions to dismiss the case. ICANN argued that since it is a not-for-profit organization and it is not engaged in "trade or commerce," the US anti-trust laws are not applicable; additionally, both ICM and ICANN argued that Manwin's filing was essentially complaining about the possible increase in competition for them. ICM cited that Manwin had approached the company earlier with a supposed mutually-beneficial agreement, in which Manwin would acquire various premium .xxx domains for free, in exchange sharing the profits of these domains with ICM. When ICM turned down the agreement, Manwin Managing Partner Fabian Thylmann said that he would do whatever he could to stop .xxx.<ref>[http://domainincite.com/icann-antitrust-law-does-not-apply-to-us/ ICANN: antitrust law does not apply to us, domainincite.com]</ref> ICANN's and ICM's motions to dismiss can be found [http://domainincite.com/docs/icann-manwin-motion-to-dismiss.pdf here] and [http://domainincite.com/docs/manwin-icm-motion-to-dismiss-2.pdf here] respectively.
+
In January 2012, ICANN and ICM both filed motions to dismiss the case. ICANN argued that since it is a not-for-profit organization and it is not engaged in "trade or commerce," the US anti-trust laws are not applicable; additionally, both ICM and ICANN argued that Manwin's filing was essentially complaining about the possible increase in competition. ICM cited that Manwin had approached the company earlier with a supposed mutually-beneficial agreement, in which Manwin would acquire various premium .xxx domains for free, in exchange for sharing the profits of these domains with ICM. When ICM turned down the agreement, Manwin Managing Partner Fabian Thylmann said that he would do whatever he could to stop .xxx.<ref>[http://domainincite.com/icann-antitrust-law-does-not-apply-to-us/ ICANN: Antitrust Law Does Not Apply To Us]. Domain Incite. Published 2012 January 21.</ref> ICANN's and ICM's motions to dismiss can be found [http://domainincite.com/docs/icann-manwin-motion-to-dismiss.pdf here] and [http://domainincite.com/docs/manwin-icm-motion-to-dismiss-2.pdf here] respectively.
 
  −
In mid-February, 2012, Kevin E. Gaut, legal counsel of Manwin said that two related state law claims were dropped to avoid potential risks of trial delays. <ref>[http://www.thedomains.com/2012/02/21/manwin-amends-complaint-against-icm-icann-drops-2-state-claims-talks-of-settlement/ Manwin Amends Complaint Against ICM & ICANN & Drops 2 State Claims & Talks Of Settlement]</ref> Furthermore, all plaintiffs and defendants announced that they were in talks and hoping to resolve some to all of the outstanding complaints.<ref>[http://domainincite.com/icm-and-youporn-in-antitrust-settlement-talks/ ICM and YouPorn in AntiTrust Settlement Talks, DomainIncite.com]</ref>
      
===Employ Media Arbitration===
 
===Employ Media Arbitration===
[[Employ Media]] requested an arbitration proceeding to resolve the notice of breach on the [[.jobs]] registry agreement issued by ICANN on February 27, 2011 in connection with the universe.jobs website. The jobs board website was launched by Employ Media in partnership with the Direct Employers Association, which the registry operator allowed to register more than 40 thousand .jobs domain names used on the jobs board to advertise job opportunities for more than 5,000 leading companies in the United States. ICANN claimed that that universe.jobs appeared to be in competition with other companies offering the same service and Employ Media's actions violated its charter. ICANN directed the .jobs registry operator and the [[SHRM|Society for Human Resource Management (SHRM), the sponsoring organization, to resolve the issues mentioned in the notice of breach and to comply with its charter. ICANN threatened to terminate the .jobs registry agreement if the problems were not be resolved. Employ Media argued that the universe.jobs was launched in compliance with the Phase Allocation Program, which was approved by ICANN. Although the registry operator was disappointed with ICANN's actions Employ Media agreed to resolve the issue by invoking the cooperative agreement provisions in the registry agreement. During the cooperative negotiations, Employ Media agreed to stop registering non-company name domain names until May 6, 2011. However, the company abandoned the cooperative agreement proceedings when it learned that ICANN posted the information about their cooperative negotiations regarding the notice of breach. Employ Media also accused ICANN of "bad faith action." ICANN's legal counsel explained that the internet governing body is just performing its duty to maintain accountability and transparency. When ICANN responded to the Employ Media's arbitration request it reiterated its strong position the Employ Media violated its charter and its decision was appropriate. ICANN asked the court to deny the registry operator's request for relief. At present, both parties are still waiting for the the schedule of their arbitration proceedings from the [[ICC|International Chamber of Commerce]] (ICC) [[International Court of Arbitration]].<ref>[http://domainincite.com/icann-threatens-to-shut-down-jobs/ ICANN threatens to shut down .jobs]</ref> <ref>
+
[[Employ Media]] requested an arbitration proceeding to resolve the notice of breach on the [[.jobs]] registry agreement issued by ICANN on February 27, 2011 in connection with the universe.jobs website. The jobs board website was launched by Employ Media in partnership with the Direct Employers Association, which the registry operator allowed to register more than 40 thousand .jobs domain names used on the jobs board to advertise job opportunities for more than 5,000 leading companies in the United States. ICANN claimed that that universe.jobs appeared to be in competition with other companies offering the same service and Employ Media's actions violated its charter. ICANN directed the .jobs registry operator and the [[SHRM|Society for Human Resource Management (SHRM), the sponsoring organization, to resolve the issues mentioned in the notice of breach and to comply with its charter. ICANN threatened to terminate the .jobs registry agreement if the problems were not be resolved. Employ Media argued that the universe.jobs was launched in compliance with the Phase Allocation Program, which was approved by ICANN. Although the registry operator was disappointed with ICANN's actions Employ Media agreed to resolve the issue by invoking the cooperative agreement provisions in the registry agreement. During the cooperative negotiations, Employ Media agreed to stop registering non-company name domain names until May 6, 2011. However, the company abandoned the cooperative agreement proceedings when it learned that ICANN posted the information about their cooperative negotiations regarding the notice of breach. Employ Media also accused ICANN of "bad faith action." ICANN's legal counsel explained that the internet governing body is just performing its duty to maintain accountability and transparency. When ICANN responded to the Employ Media's arbitration request it reiterated its strong position the Employ Media violated its charter and its decision was appropriate. ICANN asked the court to deny the registry operator's request for relief. At present, both parties are still waiting for the the schedule of their arbitration proceedings from the [[ICC|International Chamber of Commerce]] (ICC) [[International Court of Arbitration]].<ref>[http://domainincite.com/icann-threatens-to-shut-down-jobs/ ICANN threatens to shut down .jobs]. Domain Incite. Published 2011 February 28.</ref> <ref>
[http://goto.jobs/pdf/Response%20to%20ICANN%20Notice.pdf  Employ Media Responce to ICANN'S Notice of Breach]</ref> <ref>
+
[http://goto.jobs/pdf/Response%20to%20ICANN%20Notice.pdf  Employ Media Response to ICANN'S Notice of Breach]. dotJobs. Published 2011 February 28.</ref> <ref>
[http://domainincite.com/registry-avoids-jobs-shut-down/ Registry avoids .jobs shut-down]</ref> <ref>[http://www.ere.net/tags/dotjobs/ .Jobs Manager Seeks Arbitration by International Court]</ref> <ref>[http://domainincite.com/war-of-words-over-jobs-breach-claims/ War of Words Over Jobs Breach Claims]</ref>
+
[http://domainincite.com/registry-avoids-jobs-shut-down/ Registry avoids .jobs shut-down]. Domain Incite. Published 2011 April 20.</ref> <ref>[http://www.ere.net/tags/dotjobs/ .Jobs Manager Seeks Arbitration by International Court]</ref> <ref>[http://domainincite.com/war-of-words-over-jobs-breach-claims/ War of Words Over Jobs Breach Claims]. Domain Incite. Published 2011 May 3.</ref>
<ref>[https://docs.google.com/viewer?a=v&q=cache:qMFYxr-vmqIJ:www.icann.org/en/news/litigation/employ-media-v-icann/answer-to-request-for-arbitration-22jul11-en.pdf+ICANN+and+Employ+Media+Arbitration&hl=en&gl=us&pid=bl&srcid=ADGEESjKphDhfLHf-8xZ8E8tqSayBuA1SGJina6mbbyq27szb-P7a_i2V79KHJD6nHhFjxUpYO2Td97VLx1rBkJs-Ht1k7bVuM4WTuqtNgZAAGXUFI5cUfWKjkYethxEPH9QAlGAfveP&sig=AHIEtbSXxXw7kr2bKyU4voSfKp_-UqOl7w ICANN’s Response to Employ Media’s Request for Arbitration]</ref> <ref>
+
<ref>[https://docs.google.com/viewer?a=v&q=cache:qMFYxr-vmqIJ:www.icann.org/en/news/litigation/employ-media-v-icann/answer-to-request-for-arbitration-22jul11-en.pdf+ICANN+and+Employ+Media+Arbitration&hl=en&gl=us&pid=bl&srcid=ADGEESjKphDhfLHf-8xZ8E8tqSayBuA1SGJina6mbbyq27szb-P7a_i2V79KHJD6nHhFjxUpYO2Td97VLx1rBkJs-Ht1k7bVuM4WTuqtNgZAAGXUFI5cUfWKjkYethxEPH9QAlGAfveP&sig=AHIEtbSXxXw7kr2bKyU4voSfKp_-UqOl7w ICANN’s Response to Employ Media’s Request for Arbitration]. Google Docs.</ref> <ref>
[http://www.icann.org/en/news/litigation/employ-media-v-icann  Arbitration: Employ Media vs. ICANN]</ref>
+
[http://www.icann.org/en/news/litigation/employ-media-v-icann  Arbitration: Employ Media vs. ICANN]. ICANN. Published 2012 November 1.</ref>
    
===.JOBS Charter Compliance Coalition Criticism===
 
===.JOBS Charter Compliance Coalition Criticism===
 
One day before the implementation of the [[New gTLD Program|new gTLD program]], the [[.JOBS Charter Compliance Coalition]], sent a letter to ICANN detailing the internet governing body's failure to evaluate and investigate all comments and information submitted by entities against the request of the [[.jobs]] registry operator to change its charter. It pointed out that ICANN failed to acknowledge its mistake and overturn its decision when complaints and evidence were filed for reconsideration that Employ Media violated its charter. The coalition chairman stated that ICANN was inefficient in dealing with the arbitration proceedings to immediately resolve Employ Media's charter violation, and consequently the company continues to exploit the .jobs TLD and expand the universe.jobs website. Furthermore, it said that the internet community is concerned that ICANN's new gTLD program's multiple stakeholder protection mechanisms might end up mismanaged just like the .jobs TLD and ICANN's promises are "empty words." Moreover, Bell requested the ICANN Board to publicly disqualify Employ Media and its partner, the Direct Employers Association ,from the [[New gTLD Program|new gTLD expansion program]] because the registry operator has a "history of abuse." According to its Chairman, this is the only way for ICANN to regain a measure of regulatory authority.<ref>
 
One day before the implementation of the [[New gTLD Program|new gTLD program]], the [[.JOBS Charter Compliance Coalition]], sent a letter to ICANN detailing the internet governing body's failure to evaluate and investigate all comments and information submitted by entities against the request of the [[.jobs]] registry operator to change its charter. It pointed out that ICANN failed to acknowledge its mistake and overturn its decision when complaints and evidence were filed for reconsideration that Employ Media violated its charter. The coalition chairman stated that ICANN was inefficient in dealing with the arbitration proceedings to immediately resolve Employ Media's charter violation, and consequently the company continues to exploit the .jobs TLD and expand the universe.jobs website. Furthermore, it said that the internet community is concerned that ICANN's new gTLD program's multiple stakeholder protection mechanisms might end up mismanaged just like the .jobs TLD and ICANN's promises are "empty words." Moreover, Bell requested the ICANN Board to publicly disqualify Employ Media and its partner, the Direct Employers Association ,from the [[New gTLD Program|new gTLD expansion program]] because the registry operator has a "history of abuse." According to its Chairman, this is the only way for ICANN to regain a measure of regulatory authority.<ref>
[http://news.dot-nxt.com/2012/01/11/dot-jobs-could-kill-icann The case study that could kill ICANN]</ref>
+
[http://news.dot-nxt.com/2012/01/11/dot-jobs-could-kill-icann The case study that could kill ICANN]. dotnxt. Published 2012 January 11.</ref>
 
  −
==Senate Hearing on New gTLD Program==
  −
On December 8, 2012, the U.S. Senate Committee on Commerce, Science and Transportation conducted a full committee hearing to evaluate the value and effects of the [[New gTLD Program|new gTLD expansion program]] as well as ICANN's efforts in resolving the concerns raised by the internet community. Witnesses present during the committee hearings include:<ref>
  −
[http://commerce.senate.gov/public/index.cfm?p=Hearings&ContentRecord_id=22f4a71e-93e9-4711-acec-3ed7f52277cc&ContentType_id=14f995b9-dfa5-407a-9d35-56cc7152a7ed&Group_id=b06c39af-e033-4cba-9221-de668ca1978a Hearings-ICANN's Expansion of Top Level Domains-Dec. 8, 2012]</ref>
  −
* [[Angela Williams]], Senior Vice President and General Counsel-YMCA USA
  −
* [[Dan Jaffe]], Executive Vice President, Government Relations, [[ANA]]-[[CRIDO]]
  −
* [[Esther Dyson]], former ICANN chair /Independent Angel Investor
  −
* [[Fiona Alexander]], Associate Administrator, Office of International Affairs, [[NTIA]]-[[DOC]]
  −
* [[Kurt Pritz]], ICANN Senior Vice President
  −
 
  −
===Witnesses Testimony===
  −
'''Angela Williams''' represented the concerns of the members of the [[NPOC|Not-for-Profit Operational Concerns Constituency]] (NPOC) during the Senate hearing. In her testimony, she raised the budgetary, public confusions and cybersquatting issues. According to her, the increased risk of public confusions compromise the internet security and it would be more expensive for entities particularly not-for-profit organizations to protect their brand names/trademarks against fraud, [[cybersquatting]] and trademark infringement. She also pointed out that not-for-profit-organizations cannot afford the amount of money needed to become a domain name registry to ensure brand protection. Williams encouraged ICANN to consider the concerns of the members of the NPOC. She also recommended that verified not-for-profit organizations be allowed to exempt their their trademarks from any other applicant in the new  gTLD Program at no cost or drastically reduced fee, eliminate or drastically reduce the costs of the new gTLD program for verified not-for-profit organizations and to strengthen the mechanisms for trademark protection.<ref>[http://commerce.senate.gov/public/?a=Files.Serve&File_id=56a49ede-865f-4bbe-9635-58d0b59add7b Testimony of Angela F. Williams, Senate Hearing, Dec. 8, 2012]</ref>
  −
 
  −
During the hearing, '''Dan Jaffe''' testified that the new gTLD program is "bad for consumers, marketers and the entire online marketplace" and enumerated different reasons why it is necessary to the stop its implementation. According to him, there is no substantial evidence that the new gTLD program will promote competition, relieve the scarcity of domain name space and support differentiated services and new products. He also cited that the new gTLD program has serious economic impact. Brand owners might be compelled to file for defensive registrations to protect their trademarks or intellectual property rights. There is a possibility of misappropriation of intellectual property rights, domain navigation dilution, increased risk of cybersquatting, reduce investments from intellectual property owners and losses from failed TLDs. Jaffe supported his claims using the “Economic Considerations in the Expansion of Generic TopLevel Domain Names, Phase II Report: Case Studies,” a study commissioned by ICANN on December 2010. In addition, he also emphasized the new gTLD programs lacks consensus and ICANN failed to meet the "bottom-up, consensus driven approach to policy development." Furthermore, he pointed out that the application fee is too expensive and harmful for brand owners and he also raised the concerns regarding conflict of interest after [[Peter Dengate Thrush]] decided to join [[Minds + Machines]] as Executive Chairman immediately after his term as chairman  of ICANN. Thrush strongly pushed approval of the new gTLD program.<ref>
  −
[http://commerce.senate.gov/public/?a=Files.Serve&File_id=8c7e6c3b-a6b8-41a9-b59a-681dd278249f Testimony of Daniel L. Jaffe, Hearing on ICANN’s Expansion of Top Level Domains, Dec. 8, 2012]</ref>
  −
 
  −
'''Esther Dyson''' testified that the new gTLD program is not necessary to promote innovation. She said, ''"The rationale is that there's a shortage of domain names... but actually, there's a shortage of space in people's heads."'' She recommended for ICANN to conduct further consultation regarding the program and reach to a broader public to inform its approach regarding new TLDs. She concluded her testimony with the saying, ''"If it ain't broke, don't fix it!"'' <ref>
  −
[http://commerce.senate.gov/public/?a=Files.Serve&File_id=c81ce454-f519-4373-a51d-234c61755e39 Testimony of Esther Dyson, Hearing on ICANN's Expansion of Top Level Domains, Dec. 8, 2011]</ref>
  −
 
  −
As representative of the NTIA, '''[[Fiona Alexander]]''' informed the members of the Senate Committee that the agency is part of the Governmental Advisory Committee ([[GAC]]), which is actively involved in the policy development process within ICANN. She testified that the NTIA and its counterparts within GAC provided consensus advice to ICANN during the policy development process for the new gTLD program for six years.She emphasized that GAC developed a "scorecard" to address the different issues raised b governments which include:
  −
* objection procedures for governments 
  −
* procedures for the review of sensitive strings 
  −
* root zone scaling
  −
* market and economic impacts
  −
* registry-registrar separation 
  −
* protection of trademark rights and other intellectual property owners
  −
* consumer protection issues,
  −
* post-delegation disputes with governments 
  −
* use and protection of geographic names 
  −
* legal recourse for applicants
  −
* opportunities for stakeholders from developing countries 
  −
* law enforcement due diligence recommendations
  −
* early warning mechanism for applicants to identify if a proposed string would raise controversies or sensitivities
  −
 
  −
Ms. Alexander strongly emphasized NTIA's support to ICANN's [[Multistakeholder Model|multistakeholder model]] of internet governance and it is dedicated in maintaining the global openness of the internet to promote economic growth, innovation and free flow of information, products and services online.<ref>[http://commerce.senate.gov/public/?a=Files.Serve&File_id=98c38242-c53f-438a-bb53-2d986e4bf168 Testimony of Fiona M. Alexander, Hearing on ICANN’s Expansion of Top Level Domains, Dec. 8, 2011]</ref>
  −
 
  −
'''Kurt Pritz''' testified to the Senate committee that the introduction of new gTLDs is one of the mandates of the internet governing body since its establishment. Pritz pointed out that the new gTLD program was developed through the multistakeholder process. The global internet stakeholders including brand and trade mark owners, domain name registries, registrars, registrants,governments, law enforcement agencies, governments, not-for-profit organizations, etc. participated in the policy development and implementation program for new gTLDs. He also emphasized the provisions in the Applicant Guidebook regarding new trademark protections such as the [[URS|Uniform Rapid Suspension]] (URS) and the [[Trademark Clearing House]], measures to mitigate malicious conduct, objection process, DNS Security ([[DNSSEC]]) and other relevant issues. He concluded his testimony by reiterating that the "ICANN community worked tirelessly to create the new gTLD program to promote competition and innovation..."<ref>
  −
[http://commerce.senate.gov/public/?a=Files.Serve&File_id=456113a0-c084-43d7-a1b8-979524fd74cf Testimony of Kurt Pritz, Hearing on Expansion of Top Level Domain Names, Dec. 8, 2012]</ref> <ref>[http://www.icann.org/en/correspondence/pritz-to-boxer-cantwell-et-al-25jan12-en.pdf Sen. Barbara Boxer to Kurt Pritz, Questions for the Record,ICANN’s Expansion of Top Level Domain Names, Dec. 8, 2011 ]</ref>
  −
 
  −
===ICANN's Answers to the Questions of the Senate Committee ===
  −
On Janury 25, 2012, Pritz answered the questions sent by members of the Senate Committee on Commerce, Science and Transportation regarding the new gTLD expansion program. The questions were asked by Senators Barbara Boxer, Maria Cantwell, Claire McCaskill, Olympia Snowe and Mark Warner on January 8. The questions of the legislators were centered on the following issues:<ref>[[http://www.icann.org/en/correspondence/pritz-to-boxer-cantwell-et-al-25jan12-en.pdf Pritz to Boxer]</ref>
  −
* '''Intellectual Property Rights'''- In order to avoid consumer confusion and or violations of intellectual property rights, Pritz explained that the new gTLD program has mandatory intellectual property rights protection mechanisms for both first and second level domain names. He also added that strict reviews will be implemented and it will reject the applications of entities with history of cybersquatting. In addition, the public will have the opportunity to review and object and the Governmental Advisory Committee ([[GAC]])  to raise their concerns regarding the proposed new gTLD strings. Pritz also enumerated the four available objection process which include:
  −
# '''String Confusion Objection'''- the proposed new gTLD is confusingly similar to an existing or to another applied for gTLD string.
  −
# '''Legal Rights Objection'''- the gTLD string being applied for infringes the existing legal rights of the objector.
  −
# '''Limited Public Interest Objection'''- the proposed new gTLD string contradicts the generally accepted legal norms of morality and public order that recognized under the principles of international law.
  −
# '''Community Objection'''- a significant number of the target community is opposed to the new gTLD string being applied for.
  −
Any objections should be filed to one of the three independent dispute resolution providers approved by ICANN  including the [[ICDR|International Centre for Dispute Resolution]] (string confusion objections), [[WIPO]] Arbitration and Mediation Center (legal rights objections) and the [[International Chamber of Commerce-International Center of Expertise]] (limited public interest and community objections). Moreover, Pritz also emphasized the availability of an [[Independent Objector]], whose responsibility is review applications in behalf of the public interest and to file an objection if necessary.
  −
* '''Sunrise Period'''- Pritz informed the members of the committee that a Sunrise Period is mandated for all approved new gTLD. The [[Trademark Clearinghouse]] will serve as a central repository of trademark rights information to be authenticated, stored and disseminated. All trademark holders will have the chance to record all their nationally and multi-nationally registered word marks from all jurisdictions. All the authenticated trademark rights data in the Trademark Clearinghouse will be used during the pre-launch of the Sunrise Period and the Trademark claims services.
  −
* '''DNS Security ([[DNSSEC]])'''- Pritz confirmed that all new gTLD applicants are required to implement DNSSEC. He also informed that 82% of the existing TLD registries already deployed DNSSEC to ensure the security and stability if the DNS.
  −
* '''Crackdown on Rogue Websites'''- The new gTLD program is designed to prevent illegal activities and to easily crackdown malicious conduct through increased accessibility on information by law enforcement agencies. A thich Whois data will be implemented to allow faster search capabilities and to efficiently combat rogue websites. ICANN will also implement background checks on applicants and will review history applicants UDRP history of bad faith or reckless disregard of the anti-cybersquatting law.
  −
* '''Estimated Number of New gTLD to be Created'''- Pritz explained that based on the Root Server Stability experts advise, ICANN is committed and limited to add 1,000 new gTLD to the root zone in one year.
  −
* '''Plans on Excess Revenue from new gTLDs'''- ICANN is committed in using any excess funds to promote its non-profit missions for the benefit of the internet community such as the creation of registry continuity fund for the protection of registrants, or establishment of a security fund to expand the use of secure protocols, research and support of standards development organizations  in accordance with the internet governing body's security and stability mission. Prits also emphasized that ICANN's budget is conducted transparently. The use of excess funds are subject to community discussions and consultations.
  −
* '''Concerns Raised by [[ANA]] and other parties'''- Pritz explained that the new gTLD program was developed for more than six years with inputs from 10 or more experts and community working groups under the multistakeholder process. He pointed out that significant protection mechanisms were created to ensure protections for intellectual property rights, registry failures etc. He also pointed out that all concerns raised by ANA and other parties were accepted, considered and responded. He also reiterated that the multistakeholder process that everyone will be satisfied with the result. He also cited NTIA Assitant Secretary [[Lawrence Strickling|Larry Strickling]]'s statement that ''"it is critical to respect the process and the outcome reached"''
  −
* '''Harm of Delaying the new gTLD program Implementation'''- According to Pritz, if the new gTLD program implementation will be delayed it will upset the multistakeholder process, which was designed by the United States government to ensure the openness of the internet.
  −
* '''[[FCC]] Concern on Rapid Exponential Expansion of new gTLDs'''- According to Pritz, the approved new gTLDs will be introduced in a measured and limited manner. No new gTLD will be operational before 2013 and the introduction will be distributed over time.
  −
* '''Recommendations of Law Enforcement Agencies'''- Pritz emphasized that ICANN is actively working to address the 12 recommendations of law enforcement agencies. ICANN is negotiating with registrars to amend an strengthen the Registrar Accreditation Agreement ([[RAA]]) to meet the recommendations before 2013.
  −
* '''Registry Failure'''- One of the safeguards implemented by ICANN for the new gTLD program is the availability of an Emergency Back End Registry Provider ([[EBERO]]) in case of registry failure.
  −
* '''United Nations Model on Internet Governance and its Impact'''- Pritz emphasized that the ICANN multistakeholder model is not perfect but ''"it has shown to be a powerful, dynamic model that is capable of reaching consensus positions on extremely difficult issues. A UN model will push the stakeholders outside the government to an inconsequential role." He also reiterated the statements of Sec. Strickling and Ambassador David Gross that abandoning the multistakeholder model will cause negative impact to the internet governance issues and he cited that an ''"internet constrained by an international treaty will stifle the innovators and entrepreneurs who are responsible for its awesome growth."''
  −
* '''Internet Growth and DNS Expansion'''- Pritz affirmed that the internet and the DNS will continue to grow. ICANN is committed in carrying out its mandates- to promote competition in the DNS while protecting vital information as well as business and consumer interests.
  −
* '''Status of [[IPv6]] Migration'''- Pritz explained that the [[IPv4]] and IPv6 protocols will be running side by side for years to come. Over 7,500 IPv6 had been allocated to network operators around the globe by the end of September 2011.
  −
 
  −
==House of Representatives Hearing on new gTLD==
  −
On December 14, 2011, the U.S. House of Representatives Sub-Committee on Communications Technology-Committee on Energy and Commerce also conducted a similar hearing regarding the new gTLD program. Kurt Pritz and all the other individuals who testified in the Senate also served at witnesses at the House of Representatives who echoed the same views about the program. [[Josh Bourne|Joshua Bourne]], President of The Coalition Against Domain Name Abuse ([[CADNA]]), [[Thomas Embrescia]], CEO of [[Employ Media]] and [[Anjali Hansen]], IP attorney at the Council of Better Business Bureaus joined the rest of the witnesses during the hearing.<ref>[http://www.mondaq.com/unitedstates/x/158500/Trademark/New+gTLD+Hearing+Round+2+A+Critical+House+But+to+What+End United States: New gTLD Hearing, Round 2: A Critical House, But To What End?]</ref>
  −
 
  −
===Testimony of Witnesses===
  −
Mr. '''Joshua Bourne''' expressed his concern over the program and suggested some recommendations including the availability of a second round of application ease the anxiety associated with the program, provide option to block trademarks, update the language of the Anti-Cybersquatting Protection Act ([[ACPA]]), reduce pricing for multiple gTLD applicants and to add conditions on the [[IANA]] contract.<ref>[http://republicans.energycommerce.house.gov/Media/file/Hearings/Telecom/121411/Bourne.pdf Testimony of Josh Bourne-President, Coalition Against Domain Name Abuse]</ref> The call for second round of application was also expressed by Josh and the attendees of the CADNA gTLD Conference on November 2011.<ref>[http://www.worldtrademarkreview.com/daily/detail.aspx?g=1315ECFA-EEB1-4F32-B1BC-2BBCFAF1C9C3 International - Call for ICANN to announce second round of gTLD applications]</ref>
  −
 
  −
In her testimony, Ms. '''Anjali Hansen''' expressed her concern regarding the level of abuses and fraud over the internet and the high costs of brand protection. She also pointed out the importance of a competitive, innovative and open internet and BBB is not requesting for excessive regulation of the Internet by governments but they encourage registries and registrars to implement application standards to help reduce costs to businesses and to restore consumer trust.<ref>[http://republicans.energycommerce.house.gov/Media/file/Hearings/Telecom/121411/Hansen.pdf Testimony of Anjali K. Hansen-Intellectual Property Attorney, Council of Better Business Bureaus]</ref>
  −
 
  −
'''Thomas Embrescia''' testified in support of the ICANN new gTLD program. During the hearing, he pointed out that the private sector has a strong demand for new TLDs and the new gTLD program promotes competition, innovation. Furthermore he emphasized that it would help create more jobs and opportunities.He encouraged the members of the Congress to support the program. <ref>[http://republicans.energycommerce.house.gov/Media/file/Hearings/Telecom/121411/Embrescia.pdf Testimony of Thomas Embrescia, CEO of Employ Media]</ref>
  −
 
  −
===ICANN's Answers to Sub-Committee Members' Inquiries===
  −
On January 5, 2012, Cong. Greg Walden, Chairman of the House Sub-Committee on Communications and Technology sent a letter to ICANN requesting answers to the questions of some members of the sub-committee on some issues related to the new gTLD program including:<ref>[[http://www.icann.org/en/correspondence/pritz-to-walden-20jan12-en.pdf ICANN's Response to Cong. Greg Walden]</ref>
  −
* '''Process used by ICANN in achieving consensus through the [[Multistakeholder Model|multistakeholder''' model]] ICANN explained that consensus was achieved through community-driven policy development processes wherein working teams composed of members of the different internet stakeholders developed reports and recommendations and the public were given the opportunity to comment. The public comments were considered in drafting the final report and recommendations before submitting it to the appropriate organization within ICANN such as the [[GNSO]] Council, which is responsible presenting it to the ICANN Board for consideration. ICANN emphasized that the GNSO Council is composed of all internet stakeholders and voted 19-1 in favor of the new gTLD policy. The internet governing body also pointed out that ICANN's Advisory Committee's ([[GAC]], [[ALAC]], [[SSAC]], [[RSSAC]] etc.) were involved in the cosensus policy development.ICANN reiterated the statement of Sec. [[Lawrence Strickling|Larry Strickling]] that the ICANN ''"multistakeholder does not guarantee that everyone will be satisfied with the outcome.But it is critical to preserving the model of internet governance that has been so successful to date that all parties respect and work through the process and accept the outcome once a decision is reached..."''
  −
* '''Rights Protection Mechanisms'''
  −
ICANN informed the Congress that rights protection mechanisms will be implemented according to the project plan included in the [[Applicant Guidebook]]. Rights protection will be implemented in the first and second level domain names. The internet governing body mentioned the development of the Trademark Clearing House as one of the rights protection mechanisms and it is mandatory to all new TLDs.
  −
* '''Request for a Second Round of Application'''
  −
ICANN stated that it is committed in conducting additional rounds of new gTLD applications and it is working on determining the next schedule.
  −
* '''Transparency regarding Surplus Funds generated from the new gTLD applications'''
  −
ICANN emphasized that it is committed in using the excess funds generated from the new gTLD applications to advance its missions in a transparent way such as allocating funds to projects that are of interest to the greater internet community.
  −
* '''Bilateral Negotiations with registrars about the twelve Law Enforcement Due Diligence Recommendations'''
  −
ICANN confirmed that it is conducting negotiations with its accredited registrars regarding the 12 recommendations of the enforcement agencies. Updates to the negotiation are available [https://community.icann.org/display/RAA/Negotiations+Between+ICANN+and+Registrars+to+Amend+the+Registrar+Accreditation+Agreement '''here''']
  −
* '''Contingency Plan in case a registry operator goes out of business'''
  −
ICANN told the Congress that an "Emergency Back-end Registry Operator" ([[EBERO]]) is in place to take-over the operations if a failed registry to ensure that the interest of domain name registrants are protected.
  −
* '''[[Applicant Support Program]] (ASP)'''
  −
ICANN explained that information regarding the new Applicant Support Program is available in the new gTLD Financial Assistance Handbook. The two types of financial assistance under ASP include a reduced application fee of $47,000 from $185,000 and applicants are allowed to pay the $185,000 application fee through a payment plan. To qualify for financial assistance, entities must meet the required criteria. Financial Assistance applications will be evaluated by an independent [[SARP|Support Application Review Panel]] (SARP).
  −
* '''[[Trademark Clearinghouse]]'''
  −
ICANN explained that the Trademark Clearinghouse is a database of registered trademarks and other  types intellectual property rights, which shall be used to provide protection during the start-up phase of the program during the "Sunrise" and "Trademark Claims" processes and the 60-days post launch operation of the Trademark Claims exceeds the final recommendation of the [[Special Trademark Issues]] (STI) team, which was involved in developing the service and suggested that no mandatory post-launch claims service is necessary.
  −
* '''Possibility of subsidizing the costs of Uniform Dispute Resolution Policy (UDRP) using surplus funds'''
  −
ICANN clarified that no commitment has been regarding the use of surplus funds and the issue is a matter of continued community consultations. ICANN will consider the proposal to subsidize costs of disputes under the UDRP.
  −
* '''Thick [[Whois]] System'''
  −
ICANN is dedicated in improving the access and accuracy of the Whois information and the Thick Whois will be mandated to all new gTLDs. Five studies regarding Whois services focusing on issues related to misuse, registrant identification, privacy and proxy services are being conducted.
  −
* '''New gTLD Application Fee'''
  −
ICANN provided a breakdown of the current $185,000 application fee which include development costs ($26,950 per applcation), applications processing and evaluation costs ($97,800 per application), costs for risk mitigation steps etc. ($60,000 per applicant). Further breakdown of the cost is available [http://www.icann.org/en/topics/new--gtlds/cost--considerations--04oct09--en.pdf.'''here''']
  −
* '''Revenue from second level domain name registrations under new gTLDs'''
  −
ICANN said that it did not evaluate any additional revenue that might be generated from defensive second level domain name registrations. Registries are required to pay ICANN with annual fees with fixed components.
  −
* '''Cost recovery model in assessing fees'''
  −
The cost-neutral model was a direct response to the GNSO policy recommendation that application fees are designed to ensure that the implementation of the new gTLD program is self funding. Once the TLDs are operational, transaction based fees for registries and registrars will apply on registrations of new domain names under new gTLDs.
  −
* '''Loser pays system against cybersquatting'''
  −
The new gTLD dispute resolution under the new gTLD program implements the loser pays system. The [[IRT]] did not recommend full loser pays system for domain name disputes related to cybersquatting. The loser pays system has exceptions on filing fees for disputes and URS claims of less than 15 domain names. Claims for 26 or more names in a URS claims might be done on a loser-pays basis, which meets the stated goals of the URS to be fast and fair.
  −
* '''Auction process for multiple gTLD applicants'''
  −
The auctions process in case of multiple gTLD applicants will be applied as a last resort. ICANN encourage applicants to work on developing a mutually-agreeable solution.
  −
* '''[[Cybersquatting]] and other concerns raised by [[ANA]]'''
  −
The new gTLD program offers heightened protection mechanisms against abuses, registry failure and other malicious conducts designed by intellectual property experts
  −
* '''Law Enforcement Community Recommendations'''
  −
ICANN is actively working on the 12 recommendations of the law enforcement community and negotiating with registrars to amend the Registrar Accreditation Agreement ([[RAA]]) particularly the inclusion of a more improved and accurate Whois data.
  −
* '''Cost/Benefit Analysis used by ICANN before implementing the new gTLD program'''
  −
Five economic studies were commissioned by ICANN to examine the anticipated benefits and costs of the new gTLD program.
  −
 
  −
==Second Round of Application==
  −
On February 7, 2012, the [[ICANN Board]] approved the implementation of a second round of application window for the new gTLD program in response to the request of the global internet community particularly the members of [[CADNA]]. The board delegated the [[ICANN CEO]] to work with the internet community to develop a work plan and the needed prerequisites to open the second round of application for new gTLDs.<ref>[http://www.icann.org/en/groups/board/documents/resolutions-07feb12-en.htm#4 Reaffirmation of second round of applications in New gTLD Program]</ref> <ref>
  −
[http://www.worldtrademarkreview.com/daily/detail.aspx?g=1315ECFA-EEB1-4F32-B1BC-2BBCFAF1C9C3 International - Call for ICANN to announce second round of gTLD applications]</ref>
      
==Awards==
 
==Awards==
In May, 2012, ICANN was recognized by The Board of Trustees of Sheikh Salem Al-Ali Al-Sabah Informatics Award with their 11th 'Informatics Medal'. The medal is given with appreciation for the organization's efforts at maintaining and strengthening the Internet's infrastructure. The Board also expressed gratitude for the role that ICANN has played in developing and deploying Arabic [[IDN]]'s, which allow Arabic populations to surf the web without relying on foreign characters or domains. The award has been given out since 2007, and is given to institutions or public figures that are influential in the fields of Informatics and Internet Development. It was received on behalf of ICANN by the company's President and CEO, [[Rod Beckstrom]].<ref>[http://www.kuna.net.kw/ArticleDetails.aspx?id=2237530&language=en KUNA.net]</ref><ref>[http://blog.icann.org/2012/05/icann-receives-arab-world-award/ ICANN Receives Arab World Award, icann.org]</ref>
+
In May, 2012, ICANN was recognized by The Board of Trustees of Sheikh Salem Al-Ali Al-Sabah Informatics Award with their 11th 'Informatics Medal'. The medal is given with appreciation for the organization's efforts at maintaining and strengthening the Internet's infrastructure. The Board also expressed gratitude for the role that ICANN has played in developing and deploying Arabic [[IDN]]'s, which allow Arabic populations to surf the web without relying on foreign characters or domains. The award has been given out since 2007, and is given to institutions or public figures that are influential in the fields of Informatics and Internet Development. It was received on behalf of ICANN by the company's President and CEO, [[Rod Beckstrom]].<ref>[http://www.kuna.net.kw/ArticleDetails.aspx?id=2237530&language=en Informatics prize for ICANN - Salem Ali Prize panel]. Kuna. Published 2012 May 1.</ref><ref>[http://blog.icann.org/2012/05/icann-receives-arab-world-award/ ICANN Receives Arab World Award]. ICANN. Published 2012 May 22.</ref>
    
=References=
 
=References=
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[[Category: Sponsor]]
 
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[[Category:Non-Profit Corporation]]
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