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News in brief Conference guide Whatâ€™s On Food guide Industry spotlight Main feature
18 regular QandA 07 From the editor 09 Opinion 10 Vox pop 18 Humor 29 Crossword 31
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News in brief Country code
auDA is reviewing the rules around third-level Australian local community websites. Currently dot-au names under the country’s different regions e.g. Victoria; vic.au are reserved and require a community group to meet eligibility criteria. There are currently 237 Community Geographic Domain Names (CGDNs) but demand has been increasing. The review will look at the eligibility criteria, types of names allowed and the website-building program auDA provides. Nominet CEO Lesley Cowley is leaving after 12 years in charge. Having risen up through the company, Cowley oversaw an extraordinary expansion of the dot-uk namespace to one of the largest registries in the world. She served as ccNSO chair for two years and was well regarded as a constructive critic within ICANN. Lesley’s tenure has not been without controversy. A number of unpopular changes led at one point to the UK government threatening to take over the company. A search for her replacement has started. Russia’s dot-ru registry will soon hit the five million domains mark. At the time
of writing there are 4.9 million dot-ru domains with approximately 75,000 being added each month. Dot-ru is one of the fastest growing ccTLDs; only five are larger—Dot-tk (23.3m); dot-de (15.7); dot-cn (10.7); dot-uk (10.5m); and dot-nl (5.5m). The dot-ru registry operator also runs the largest IDN registry with over 800,000 domains under the .РФ registry.
Industry group the Domain Name Association (DNA) has proposed its own auction service for competing gTLD applicants. The DNA would use a thirdparty to run the auction and receive all excess revenue, arguing that any profits would go back into the industry through its activities, rather than into the coffers of ICANN or auction companies. The DNA was formally launched in October. It is headed by former ICANN executive Kurt Pritz. Cry me a river Amazon has had its application for dot-amazon, as well as the related IDNs in Chinese and Japanese, rejected by the ICANN Board. The string was formally objected to by the Governmental Advisory Committee (GAC) last year because of the company’s
more famous river namesake. ICANN noted that if the GAC objection is lifted, the application could proceed; something unlikely to happen. Rapper 50 Cent has become the highest profile individual to embrace a new gTLD, registering the address, 50inDa.club (his greatest hit is called “In da Club”). It’s not the first time a celebrity has been used to highlight a new Internet extension: in 2010, martial arts actor Jackie Chan used one of the earliest Chinese IDNs, 大兵小將.asia, to promote his movie Big Little Solider. At the time of writing, dot-club is the largest new gTLD registry with just over 60,000 domains.
experimentation”, the company will use its unused domain portfolio to push customers to register with one of its competitors (Tucows still takes a cut of course). CEO Elliot Noss also said it will now focus on offering customers their choice of word under new gTLDs as opposed to offering variations of a domain under specific TLDs like dot-com. Tucows has 7.8 million domains under its management; surpassed by eNom with 9.8 million and behemoth GoDaddy with 37.2 million domains.
Domain Holdings has released information into its business for the first time. The domain broker announced sales of $3.4 million in the first quarter of the year, with an average per-domain price of $36,750 (up 15% since the last quarter and the launch of hundreds of new gTLDs). The company specializes in matching premium domains with specific individuals and sells on average one domain a day. The United States remains the primary market, making up 54% of sales, although China follows closely behind with 33% of sales.
Positive evaluation ICANN announced on 16 May it had completed all “initial evaluations” for the 1,930 new gTLD applications. Of them, ICANN refused just three; two of which have since applied for an independent review of the decision. In addition, 188 applications were withdrawn. At the time of writing, two applications remain in “extended evaluation” and 10 applications are in “community evaluation”. Overall, the vast majority of applied-for gTLDs were approved by ICANN. Currently, 327 applications are waiting on an auction process to be run between July and the end of the year, and the remainder are either live on the Internet or running through the delegation process.
Tucows is revamping its approach to parked pages and domain search. Announcing an “aggressive program of
ICANN has been ordered to put a freeze on the delegation of dot-africa by its Independent Review Panel (IRP). ICANN and
Whoâ€™s got your domain name?
Online Brand Protection Domain Name Disputes Trademark Clearinghouse Agency Domain Watching Services www.guard.co.uk +44 1865 582811
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applicant ZA Central Registry have already signed a contract after competing applicant DotConnectAfrica (DCA) was rejected. DCA appealed and the panel ordered the process be stopped until it reviews the case. The Panel also leveled criticism at ICANN, claiming it had not followed its own bylaws by failing to create a nine-person standing committee. ICANN claims it was not under an obligation to do so.
Centr said it had been “mostly successful” in its format if not its final statement. And a group of ccTLDs quoted the meeting’s agreement that there should be greater support of other venues in announcing a funding commitment to the Internet Governance Forum (IGF). However there appeared to be little or no impact of the NetMundial statement on discussions at the United Nations in Geneva or the IGF in Paris.
The Federal Communications Commission (FCC) has again found itself at the center of argument over net neutrality. After its chairman suggested the FCC would allow for an “Internet fast lane” where telcos can charge extra for faster Internet access, the FCC was flooded with phonecalls and emails opposing the plan. The chair quickly backtracked
A final report from the ICANN-convened Panel on Global Internet Cooperation and Governance Mechanisms has been released. The panel was asked to consider how the Internet should be managed in future. The report made six main recommendations each of which proposed strengthening or building on existing mechanisms by providing more resources. The impact of the NetMundial conference in Sao Paulo in April has started to be reviewed. The I* organizations said that the conference had “energized” multistakeholder discussions but did not comment on the outcomes.
but the effort to push the FCC to make net neutrality a formal policy of the US government continues to look unlikely. Any FCC decision is likely to have an impact far outside the United States; net neutrality was the subject of intense debate at the NetMundial conference in Brazil in April.
OpenDNS has received in $35 million in “Series C” funding from some of Silicon Valley’s most bestknown venture capitalists. The San Francisco-based company offers a range of services aimed at increasing security for end
users through a managed DNS service (“think of us as like a firewall for the DNS,” says the company). CEO David Ulevitch said the company would use the money to aggressively grow the business, including work on “predictive security” where threats are recognized before they become a problem. The final blocks of IPv4 addresses held by IANA have started being allocated to the five RIRs. Following notification from LACNIC that they have less than eight million IPv4 addresses remaining, a formal policy kicked in and all RIRs were allocated equal blocks of roughly two million IPv4 addresses. It leaves IANA with less than 10 million IPv4 addresses. Once all are gone, only IPv6 blocks will be provided. IANA and the RIRs have been stressing the need to move to IPv6 addresses for a decade.
CARTOON © PATRICK TAYLOR
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DotAsia CEO Edmon Chung talks about universal acceptance of IDNs. A decade ago it was noted some new top-level domains were not working properly in browsers and email software. The problem is still there and about to get much bigger...
There is a lot going on at ICANN London with the IANA transition, accountability discussions, auctions and of course the roll-out of new gTLDs. What is the topic that is most on your mind at the moment? Without a doubt, universal acceptance of IDNs. It is very important that everyone take this issue seriously; without it consumers might lose trust in the entire DNS. And ICANN in particular needs to take a central role in the coordination and facilitation of bringing people together so it can be properly addressed.
What approach or role would you like to see ICANN taking?
In my mind, the ideal approach ICANN could take would be to convene a community wide steering group that would include participants from all organs of ICANN, including ALAC, GAC, ccNSO, GNSO, SSAC, RSSAC in fact ASO as well, but not stop there, ICANN should also help invite participants from other parts of the Internet community including application level organizations like WITSA, as well as W3C, IETF, and so on.
So assuming this group was set up, what work would it undertake and how would it function?
The group should work with an ICANN staff team to produce three things: first, a set of best practices for IDN Acceptance in systems that is based on and consolidating the community’s existing experience. Then, second, create a set of measurements of IDN Acceptance so we can track
What exactly is the problem of universal acceptance and what is your suggestion for resolving it? Many of the new TLDs and especially the non-ASCII IDNs will not work with common Internet software such as browsers, email software and so on because they were built to work for how the DNS used to be rather than how it is now. Now, neither ICANN nor its immediate community can ‘solve’ the issue but we must start with our own community. We can, for example, make sure we have fully IDN aware systems so users can not only register
and measure our progress. And then third and last, continued study measuring IDN acceptance on the internet, including domain registries and registrars. The group does not need to meet all the time like GNSO working groups, we just need to meet maybe two or three times a year and keep track of progress to make sure we move forward methodically. Such meetings could coincide with ICANN meetings, which would also enable us to invite other parts of the Internet community to join.
How much work been done on this issue before or would this work be starting from scratch?
So I was very much involved in the JIIG report [the Joint ccNSO-GNSO IDN Group, which published its final report in November last year]. We came up with four main recommendations which addressed
IDNs but use them at least to setup nameservers, DNS hosting, web hosting and emails. We need to start community wide coordination now.
the two different sides to this issue: the technical side and the advocacy side. Following from the JIG Final Report, I hope that ICANN could make IDN acceptance a strategic item, at the same level—or higher—of advocating for IPv6 and DNSSEC.
Is there any indication that ICANN has taken into account those recommendations and is planning to do what you suggest?
The ICANN board seems to have not considered the JIG report yet and I am not sure what their schedule or priority level is on the issue. But at a recent APTLD meeting, I heard an encouraging presentation that indicated there is finally a change in the attitude of staff that ICANN has a role to play in this. As for forming the community wide steering group, I think maybe that is something ALAC can take the lead on.
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from the editor
Internet of Names PUBLISHER Publisher Name
Boom to boon and back
hen my parents were born in the villages of Mitcham and Morden in the 1940s, just two miles apart and with very little in between, they weren’t considered to be in London— they were officially in the outskirts of this great city. Unfortunately, no one let the German bombers know. Despite the Blitz, within just a few years those outskirts had become Greater London. And by the time I was born, the huge recreation field my mother used to stare at from her bedroom window was a sea of buildings as the city washed over boundaries and borders as though they didn’t exist; a neverending expansion and growth much like the Internet itself. So it is particularly fitting that ICANN is meeting in London this summer. More than 200 new gTLDs are now live, with more appearing every month. There are 750,000 domains that could not have existed until just a few months ago. Big names have already started embracing these new extensions. The change has begun. And before we know it the empty fields of the Internet will play host to many hundreds of new homes.
To reflect these new and exciting times, we created IoN magazine (standing for ‘Internet of Names’). Within these pages you will discover an indispensible guide to the London meeting and beyond. A quick news section should get you up to speed. Thought-provoking columns will give pause; a conference special including— yes!—a restaurant guide; in-depth features; a crossword to keep your brain turning during those long sessions; and a few stories to put a (wry) smile on your face. What’s the big topic of ICANN London? According to those we’ve spoken to (p.18), it’s the age-old question of accountability. But while reflecting what is going on inside, we also plan to help the industry look outwards. Nowhere is that more important than in the trade agreement negotiations that threaten to compete with policies developed by the Internet community. Read Susan Chalmers’ feature starting on page 24 to find out more. One more thing: June in London means Wimbledon (see p.19). So grab some strawberries, a drink, sit back, relax and enjoy the tennis. And if you can’t get Centre Court tickets, why not head to a local pub in Mitcham or Morden? They’re both just 10 minutes from the All England Lawn Tennis Club. Kieren McCarthy Editor, IoN Magazine
EDITORIAL Editor: Kieren McCarthy Phone: +12 3 456 789 Fax: +12 3 456 789 Email: firstname.lastname@example.org CONTRIBUTORS Joanna Witt Emily Taylor Maria Farrell Susan Chalmers ADVERTISING Sales and Marketing: Name Surname Phone: +12 3 456 789 Email: email@example.com Account Manager: Name Surname Mobile: +12 3 456 789 Phone: +12 3 456 789 Fax: +12 3 456 789 Email: firstname.lastname@example.org DESIGN CSP Creative Kieren McCarthy ILLUSTRATIONS Patrick Taylor PRINT Printer Company Name GENERAL ENQUIRIES Postal Address 123 Address Road, Suburb Country Zip Postcode Phone: +12 3 456 789 Fax: +12 3 456 789 Emai: email@example.com Website: www.ionmag.org TWITTER @ion_mag COPYRIGHT All material appearing in IoN magazine is copyright unless otherwise stated or it may rest with the provider of the supplied material. IoN takes all care to ensure information is correct at time of printing, but the publisher accepts no responsibility or liability for the accuracy of any information contained in the text or advertisements. Views expressed are not necessarily endorsed by the publisher or editor.
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Emily Taylor is CEO of Guard UK, and serves on the Global Commission on Internet Governance Research Advisory Network.
Real accountability? It’s all in the execution...
ord Acton, a British politician and writer once said “Power tends to corrupt, and absolute power corrupts absolutely”. Even the best people can behave badly if not kept honest. Democratic systems recognise this by evolving multi-layered systems of checks and balances. The late Tony Benn (a British parliamentarian), put it like this: “In the course of my life I have developed five little democratic questions. If one meets a powerful person ask them five questions:
What power have you got? Where did you get it from? In whose interests do you exercise it? To whom are you accountable? And how can we get rid of you? If you cannot get rid of the people who govern you, you do not live in a democratic system.” The US Government recently announced its willingness to withdraw from sole oversight of the IANA function, so long as a suitable multistakeholder alternative can be found. Members of the ICANN community have already burst into action to define suitable mechanisms. Steve del Bianco, amongst others, has voiced concern that, whatever the outcome, we must not end up with an unaccountable ICANN. Tony Benn’s five questions might serve as a useful guide. Some say ICANN will be accountable to “the community”? That concept has always troubled me. Beyond voicing concerns, what effective power does “the community” have, to get rid of any of ICANN’s leadership? Another view is that the Affirmation of Commitments Reviews are evidence ICANN’s growing maturity. As former Chair of an Affirmation of Commitments Review, I cannot share that view. Two years on from the WHOIS Review, the only recommendations that have been progressed have been done almost by accident. The WHOIS Review could be said to have influenced thinking at best; it hardly represents a constraint on the board or executive’s actions. In similar vein, the recommendations of the second Accountability and Transparency Review Team have languished for the past six months. The Affirmation of Commitments reviews are certainly welcome, as is ICANN’s openness to continual improvement. But there are important structural weaknesses: it’s up to the board to accept or reject recommendations, and there is no sanction for failure to implement. The Reviews lack teeth, and certainly wouldn’t satisfy Tony Benn’s fifth question.
To make progress, we have to avoid blinding ourselves with ideology, and be wary of a false dichotomy between “free market and therefore good” on the one hand and “governments and therefore bad” on the other. There are similarities between the Internet now, and the derivatives markets in the past two or three decades. There’s a potentially toxic combination of cash, technical complexity, and an industry that appears immune from regulation—either through skilful lobbying or influence in policy setting. Margaret Heffernan’s Wilful Blindness shows how, despite the unquestioning faith of Alan Greenspan and others in the separation of the economy from the state, signs of structural risk were there in plain sight, decades before the financial crash. When I hear the words “multistakeholder governance”, I sense that phrase has moved from a descriptive term to an ideology. Heffernan warns “the problem with models… is that they imply that whatever does not fit into them isn’t relevant”. We see things that fit the model, and filter out things that don’t, “when it could be the most relevant information of all.” There are worrying signs: • The slow pace of IPv6 roll out. We will fall off a cliff without it and the free market has not delivered. • Erosion of net neutrality, whose death knell was sounded by the Netflix/Comcast deal, compounded by FCC dithering. • Increasing reliance on technical measures to combat complex social and legal ills. • The rise and rise of a handful of corporations, who control our online lives. They may be brilliant at innovation, but are terrible at guaranteeing users’ fundamental freedoms. All these signs tend towards closing down and curtailing the survivable, open, network, that was not optimised for any one application, and allowed for innovation without permission. If we’re serious about guaranteeing a future for multistakeholder governance, we have to be alert for signs of systemic risks—even those that challenge our ideology.
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Maria Farrell is a writer and consultant for a number of different organizations and so on and so forth.
This sub-heading will summarize this engrossing and intriguing article
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Conference Guide ION MAGAZINE JUNE 2014
inside 16 Overview 17 Issues 18 Vox pop 19 Whatâ€™s On 20 Food
ION MAGAZINE JUNE 2014
ICANN London Incredibly, it is the first time ICANN has held a meeting in London, despite the UK’s long ties to Internet development. It should be a lively one. New registries and registrars will share space with those focussed on a seismic shift in the IANA contract. It will be one to remember.
ecently named the most popular city in the world, London has undergone an extraordinary transformation in the past decade to global epicentre of commerce, culture and collaboration: the perfect place to bring down ICANN in 2014. It’s been six years since the new gTLD process was formally approved in another European capital, Paris. Almost all the elements had been identified had been identified yet the prediction was that new extensions would go live some time in late 2009. After an enormous amount of discussion, effort and argument, we are finally there. There are still issues—auctions for example will start soon after the conference ends, and compliance remains a big questionmark—but five years later than planned, London will see new registries appear as contracted parties. It is a sea-change in both the Internet and the organization tasked with overseeing the domain name system. It is worth noting that the Paris meeting in 2007 also saw the release of a number of documents from the “Improving Institutional Confidence”
(IIC) committee formed by ICANN to review its accountability and develop solutions to fix identified issues. As ICANN embarks on yet another effort to identify and correct its accountability issues, attendees would do well to reflect on the fact that the IIC’s recommendations focussed on the need for structural change (as opposed to simple procedural improvements) were never implemented. And no mechanism exists to compel the organization to provide an explanation—a sign that real accountability remains unrealized. Of course, the big topic of discussion will continue to be the transition of the role of the US government in the IANA contract to... well, to whom? After a number of false starts, ICANN may have realized that it needs the support of the Internet community to discover the path forward. And that is where ICANN London comes in. This unwieldy, unusual and often exhausting congregation of people and viewpoints is where the underlying functioning of the Internet will be determined. No one is ever quite sure how we get there, but as the new gTLDs will attest, we do get there in the end.
ION MAGAZINE JUNE 2014
No mechanism exists to compel the organization to provide an explanation—a sign that real accountability remains unrealized
From the moment hte United States’ Department of Commerce announced it would transition away its role in the IANA functions contract, the Internet world has been abuzz with ideas and discussions for how to revise this critical aspect of the Internet’s functioning. ICANN opened discussions at its last meeting in Singapore—and created a mailing list that has so far seen over 1,000 messages. But the London meeting is the first time the community will be given the opportunity to engage in informed discussion over changes to this core DNS function. Expect passionate views and plenty of disagreement.
Intricately tied in with future changes to the IANA contract comes the seemingly endless issue of ICANN accountability. There have been no less than four full accountability reviews of ICANN in the past seven years and the organization recently announced a fifth. Many in the Internet community have grown weary of the same issues being raised year after year without resolution. But the likely loss of the one accountability mechanism no one doubts—the US government’s ability to withdraw the IANA contract and with it ICANN’s authority—has re-energized efforts to make sure that in future decisions are made openly, fairly and with the backing of all.
With more than 100 auctions for new gTLDs planned to start just after the ICANN meeting, the issues of rules, market environment and the huge sums that ICANN is expected to bring in will be on many minds. Not only does ICANN’s budgeting and finances concern people but the Board and staff continue to stonewall discussion of what will be done with the millions of dollars that will come from the auctions. By March 2015, the entire playing field of the domain name market will have been determined by which companies succesfully outbid others and grab share. The future direction of the industry lies here.
ION MAGAZINE JUNE 2014
‘‘Helping the CEO and Board understand ICANN’s obligations as an impartial broker for the IANA transition. For this transition to happen, ICANN must learn to defer to community viewpoints.” Avri Doria, Researcher and former GNSO chair | IMG© ICANN
‘‘Whether ICANN’s managers and directors will respect the overwhelming number of public comments suggesting that ICANN should be less controlling over the IANA transition process.” Steve delBianco of NetChoice
‘‘The IANA transition gets all the headlines, but the call to improve ICANN accountability is a critical topic. In fact, resolving this issue is a pre-requisite for any transition proposal.” James Bladel, Senior Policy Director at GoDaddy | IMG© ICANN
vox pop WE ASKED SOME WELL-KNOWN COMMUNITY MEMBERS WHAT THEIR MOST PRESSING ISSUE WILL BE AT ICANN LONDON
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what’s on 1 Wimbledon WHEN 23 June - 6 July WHERE The All England Lawn Tennis & Croquet Club, Church Road, London SW19 5AE COST £14 - £80 London in June is all about the tennis, and though most tickets are sold in advance via ballots, you can still share the magic if you get up early enough, or pay for a hospitality package. For on-the-day tickets queue at Gate 3 turnstiles early (many camp out overnight) and make sure you have cash rather than a credit card. There’s also limited entry after 5pm. If you don’t fancy the trek, you can buy a punnet of strawberries and find a pub. It will be on everywhere. www.wimbledon.com
2 Henri Matisse: The Cut Outs WHEN 17 April - 7 September WHERE Tate Modern, Bankside, London SE1 9TG COST £18 Billed as a once-in-a-lifetime chance to see so many of the artist’s works in one place, the exhibition explores the final chapter in Matisse’s career during which he began ‘carving into colour’ producing his series of spectacular cut-outs. Make sure you go over the “wobbly” Millenium Bridge across the Thames before or after your visit. You’ll need to book tickets for the exhibition in advance. www.tate.org.uk
Make sure you go across the ‘wobbly’ Millenium Bridge across the Thames
3 Greenwich and Docklands Festival WHEN 20-28 June WHERE Various locations including Canary Wharf, Greenwich, Docklands COST Free This spectacular free outdoor arts festival runs all week. You may need to register for some performances. There’s everything from aerial choreography to outdoor theatre. On the final day, Canary Wharf’s squares, parks and waterfronts become the setting for the festival’s annual dance extravaganza - a celebration of every style from ballet to Flamenco, contemporary to street dance. www.festival.org
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WHAT Lebanese/English WHERE 108 Star St COST £ If you don’t want to go far, head to Suzan’s Cafe around the corner from the Metropole. It only has five or six tables but you can sit outside, great if you want to clear your head, or try a shisha pipe. Lebanese and English breakfasts for £6. Also try Princes Cafe at 10 Star Street, a fraction cheaper and serves smoothies.
WHAT Traditional English WHERE 60 Piccadilly COST £££ You’ll definitely need to book, and take a cab, but if you want the ultimate breakfast experience (caviar omlette, anyone?) then head to The Wolseley on London’s famous Picadilly. Situated next to The Ritz, the building dates back to the 1920s with towering pillars, arches and stairways. Breakfast is available from 7am; 8am at weekends. Everything from boiled eggs with soldiers to devilled lamb kidneys with crispy bacon.
Lunch Satay House
WHAT Malaysian WHERE 13 Sale Place COST £ Despite its name, this cosy little Malaysian restaurant just behind the Metropole serves a whole range of wonderful fresh food. As well as their
adored satay skewers, which cost around £7, diners can choose from an extensive menu of curries, stir fries and noodles for under a tenner. You can also try a tasting menu. Open 12-3 for lunch, it’s worth making a reservation.
WHAT Lebanese WHERE 183 Edgware Road COST ££ Fatoush is one of Edgware Road’s most popular Lebanese restaurants, and is about a five minute walk from the Metropole. Main courses £11-£15 (shwarmas, mixed grills, stuffed lamb or prawns), metze dishes average £5 each. There’s also Fatoush Express that does the full menu as well as cheaper sandwiches just across the road from the hotel. However, if you want to join the locals and try a shisha pipe as well you’ll need to go to the restaurant.
WHAT British, Italian WHERE London Hilton Metropole, ground floor COST ££-£££ If you’re rushed for time, there are plenty of options in the Metropole itself. Fiamma restaurant (which also serves breakfast and dinner) on the ground floor does pasta, pizzas, grills and sandwiches and traditional British (fish and chips around £15) and also offers meal deals. The Sports Bar serves burgers and pizzas and you can also get coffee and lunchtime snakcs in the Lounge Bar.
Grand Union Paddington
WHAT Pub grub WHERE Unit 1, West End Quay COST £ For a more laid back vibe, and a beer, head to Grand Union diner. Open all day, it serves burgers, pizzas and salads and does great value meal deals at lunchtime. Tucked away behind the hussle and bustle of Edgware Road, it’s relaxed and the perfect place to recharge. And if you want to go back at the end of the day, there’s a cocktail happy hour 4-8pm.
ION MAGAZINE JUNE 2014
Dinner Minako at the Met
WHAT Asian fusion WHERE Hilton Metropole, 23rd floor COST ££ As well as offering dim sum, salmon miso and exotic curries, this stylish restaurant on the top floor of the Hilton Metropole gives you the chance to take in the London skyline as you dine. The bar is also a great place to have a pre or post-dinner cocktail. It’s open 6-11pm Mon-Sat and it’s worth making a reservation.
WHAT British WHERE 70 Charlotte St COST ££ If you want something a bit different, head to Bubbledogs, a tiny restaurant in the heart of Charlotte Street. The idea is simple—you drink champagne and eat hotdogs. You have to queue but it’s not so busy midweek or offpeak. The queue moves pretty quickly. It’s great fun and you’re guaranteed to a) take a picture of your dinner and b) have no idea which hot dog to choose. The champagne is far simpler.
WHAT American WHERE 1 Chiltern Street COST £££ Attached to a new hotel by André Balazs, the man behind Chateau Marmont in Hollywood, this restaurant only opened in February and is already a staple of the society pages. The beautiful interior retains the firehouse’s original doors and ceilings, coupled with brick wall tiles and wooden floors. There’s also an open
kitchen so you can watch the chefs at work. Run by Nuno Mendes, the food is fabulous (crab stuffed doughnuts, slow roasted short ribs, frozen apple panna cotta). Be sure to book.
Petrus WHAT French/Modern European WHERE 1 Kinnerton Street, Knightsbridge COST £££ A 15-minute cab ride or a lovely walk through Hyde Park from the Metropole finds you at Petrus, Gordon Ramsey’s Michelin starred restaurant. Regarded as one of London’s finest dining venues, the food is fantastic (fois gras parfait, poached Cornish sole, coconut sorbet). There’s also a varied vegetarian menu. You’ll need to book and three courses cost around £65 without wine. If you really want to push the boat out, book the kitchen table, where you can chat with the chefs as they prepare your food.
WHAT Old English WHERE Mandarin Oriental, 66 Knightsbridge COST ££££ Take a step back in time and visit Heston Blumenthal’s new restaurant in the Madarin Oriental. A celebrated experimental chef, Blumenthal creates amazing dishes inspired by Britain’s gastonomic past and the date of each dish appears on the menu. You can try spiced pigeon with ale and artichokes and tipsy cake made with spit roast pineapple, or his famous mandarin meat fruit, a savoury meat course designed as fruit.
WHAT British WHERE 13 Norfolk Place COST £ One of Paddington’s most interesting venues is Frontline—a members-only media club with its own restaurant. The interior is filled with iconic images by world famous photographers, and the club also runs events, talks and screenings. Most of the food is grown in the restaurant’s farm in Norfolk and everything else is sustainably sourced from the local area, meaning the dishes make the most of seasonal produce. It’s also incredibly reasonable, with mains averaging £15-£20.
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INDUSTRY SPOTLIGHT: This issue we look at the various companies offering information and services around top-level domains
ION MAGAZINE JUNE 2014
TLD resources With the explosion in top-level domains has come a number of new companies who join more established names to provide useful information and services. Here’s a quick guide. Name
Consulting and software services. Quarterly reports
News site with “pro” domainincite.com option for in-depth stats and reports
News Analysis Reports Rating
Authoritative source of news and stats
Brand protection markmonitor.com company
Automated stats engine
Automated stats engine
News and analysis with some stats and consulting
Longstanding registry stats company
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Susan Chalmers is an Internet policy researcher and consultant, and member of the IGF advisory group.
When policy fora collide A new trade agreement directly addresses domain names and may conflict with existing policies. What are the implications and should we be worried by decisions made by people more concerned about prescription medication and bank regulation than the DNS?
ow do free trade agreements impact registry operators? A search returns little information on this question, even though there have been, for ten years now, trade agreements requiring countries to require “their” ccTLD operators to provide dispute resolution procedures, and maintain a public database of registrant information. Why? Trademark enforcement. Twelve countries including the United States, Australia, Canada, New Zealand, Singapore and Japan are currently negotiating a new trade agreement, the Trans-Pacific Partnership agreement or ‘TPP’, “a regional free trade agreement…that would deepen economic ties between its diverse members by opening up trade in goods and services, boosting investment flows, and promoting closer links across a range of economic policy and regulatory issues.”1 A further eight countries including India, Taiwan, Indonesia and possibly China are considering joining. Like most trade negotiations, it is conducted in private and the text is confidential, but the Intellectual Property Rights chapter has been leaked to the Internet on a few occasions, most recently in late 20132. If the TPP is concluded, its signing countries, and their
ccTLDs, will likely find they have a number of new obligations. In the draft TPP text, there is a provision proposed called Domain names and the Internet. For brevity’s sake, we’ll refer to this language as the “Provision.” Its full— current—text is included in the box at the top of the opposite page3. There are two parts to the Provision. The first obliges TPP countries to require ccTLD operators provide a dispute resolution procedure like the UDRP, and a public registrant database. The second part would require countries to give rightsholders remedies for trademark
‘‘The text is confidential, but the Intellectual Property Rights chapter has been leaked’’ infringement via domain names. There has been little written on the Provision and its potential impact on ccTLD operators4. This is surprising since it would clash with ccTLD community tradition. In effect, the Provision would freeze and standardize ccTLD policy-making parameters across countries. Standardization of ccTLD policy is an inorganic concept for a community whose non-uniformity (that is, “one size does not fit all”) is widely acknowledged within Internet governance. This article aims to encourage discussion within the ICANN community, building upon a 3 Ibid. 4 Jeremy Malcolm, Asian Countries Battle IP
1 New Zealand Ministry of Foreign Affairs and Trade,
‘Maximalism’ in Leaked TPP Chapter, Digital News Asia;
TPP Negotiations, www.mfat.govt.nz
Konstantinos Komaitis, The Trans-Pacific Partnership
2 WikiLeaks, Secret Trans-Pacific Partnership Agree-
Agreement (TPP) and the IPR Internet-Related
ment (TPP) - IP Chapter, https://wikileaks.org/tpp/.
Provisions, Internet Society blog
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The latest leak of the TPP’s Intellectual Property Rights chapter contains a provision titled Domain names and the Internet. It reads: 1. In order to address the problem of trademark cyber-piracy, each Party shall adopt or maintain a system for the management of its country-code top-level domain (ccTLD) that provides: (a) an appropriate procedure for the settlement of disputes, based on, or modelled along the same lines as, the principles established in the Uniform Domain-Name Dispute-Resolution Policy, or that is:
TPP update given during the ccNSO meeting at ICANN48 in Buenos Aires. The first part of the Provision is in a number of free trade agreements, in addition to the Trans-Pacific Partnership. The United States Congressional Research Service describes the TPP as the “leading trade policy initiative of the Obama Administration, and… a manifestation of the Administration’s ‘pivot’ to Asia. If concluded, it may serve to shape the economic architecture of the Asia-Pacific region by harmonizing existing agreements with U.S. [free trade agreement] partners.”5 It is important to consider the TPP Provision in light of existing US free trade agreements (“FTAs”), which contain similar language. The US has FTAs in force with 20 countries, 16 of which have agreed to the first part of the Provision, with some variations in language across the agreements6. Five out of 12 TPP countries are already bound through existing FTAs—Australia, Chile, Peru, Singapore, and the United States. For all intents and purposes, this means that Brunei, Canada, Japan, Malaysia, Mexico, New Zealand, and Vietnam will likely have to agree to the same. The second part of the Provision, requiring TPP countries to provide remedies for the “trafficking or use” of domain names, does not appear in any previous US FTAs. It is
(i) designed to resolve disputes expeditiously and at low cost, (ii) fair and equitable, (iii) not overly burdensome, and (iv) does not preclude resort to court litigation; (b) online public access to a reliable and accurate database of contact information concerning domainname registrants; in accordance with each Party’s laws regarding protection of privacy and personal data. 2. Each party shall provide remedies against the registration trafficking, or use in any ccTLD, with a bad faith intent to profit, of a domain name that is identical or confusingly similar to a trademark.
new for everyone which, practically speaking, means that it is the only part of the Provision that can plausibly be removed now, and not included within the final text7. How could this impact ccTLD operators? On one hand, ccTLDs do not seem to have been affected by the existing FTAs. If they have, the evidence is hard to find. Generally speaking, a dispute resolution procedure is a normal thing for a ccTLD to provide. And the Provision is not overly prescriptive. Unlike other sections of the Intellectual Property Rights chapter (copyright, for example) TPP countries are not being asked to adopt
‘‘Such standardization runs counter to ccTLD community tradition’’ US law verbatim; their dispute resolution procedures need not necessarily be the UDRP but just modeled along the same principles. Presumably for the sake of clarity, four principles are written directly into the text of the Provision8, and are basic enough to give ccTLDs discretion to draft a procedure that responds to the needs of the local community. 7 This provision does not make express reference to ccTLDs, so it is unclear whether operators will be
5 Congressional Research Services, The Trans-
under an obligation to provide new remedies – such as
Pacific Partnership (TPP) Negotiations and Issues for
monetary damages – than those traditionally provided
(cancellation, transfer), or a new law in the country’s
6 Singapore’s FTA is unique in that it not only requires
a dispute resolution procedure and a public database
8 See sections 1(a)(i) through (iv) in the draft text of the
(the only FTA to use the term “WHOIS”), but it also
Intellectual Property Rights chapter. The principles do
obligates both countries to participate in the GAC.
not appear in existing US FTAs.
Continued on next page >
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On the other hand, , the Provision could always be enforced, whether by a trademark owner against the errant government that failed to require “its” ccTLD to honor the Provision, under an Investor-State Dispute Resolution procedure, or by the US (or any other country for that matter) according to agreed-upon enforcement provisions within the TPP text. A good starting point for further discussion would be how such a provision would be implemented as well as enforced. For example, implementation of the TPP into local law begs awkward questions about the nature of the relationship between a ccTLD operator and its government. The TPP would require countries to “adopt or maintain a system for the management of its countrycode top-level domain” to do certain things for trademark enforcement. For government-run ccTLDs this is not an issue. For all other types of ccTLD operators it very well could be. Questions worth discussing are whether implementation requires new law or a formal agreement between the government and the operator. The possibility may give cause for concern for non-government-run ccTLDs.
operators to standards that go beyond the basic requirements of RFC 1591 by requiring a dispute resolution procedure to be in place. As noted above, the notion of a dispute resolution procedure in itself is not outlandish, but it is the principle of ccTLD autonomy that matters. Should ccTLD autonomy be disregarded on account of trade? Further, while “ICANN [itself] does not have contract authority to take compliance action against ccTLD operators,”12 the TPP would create authority for countries, and trademark owners as investors, to take compliance
‘‘Implementation begs the awkward question of a ccTLD operator’s legal relationship with its government’’
11 RFC 1591, IETF, Domain Name System Structure
action against a ccTLD’s government for not adopting or maintaining a trademark cyber-piracy “management system.” In essence, the TPP could establish certain regulatory parameters for ccTLD operators, limiting their flexibility in policy development. By and through the Provision, the TPP collides with other ccTLD policy fora—RFC 1591, the individual ccTLD’s own policy development schedule, and perhaps others—such as ICANN’s agreements or letters with ccTLDs. It sets enforceable standards for ccTLD policies where such standards may not otherwise exist, or where the standards clash with pre-existing policy. Whereas the ccTLD will have previously enjoyed the liberty of developing its policies in light of RFC 1591 and according to the needs of its own community or in line with best practices, it will be prevented from doing so if those changes conflict with TPP requirements. Lest we forget that such requirements may come about not out of consideration for what is best for ccTLD management, but as a result of trade. Concessions on intellectual property provisions within the TPP, such as the Provision discussed here, could very well come from a country’s desire to increase its beef exports. n
and Delegation § 4.1
Different regulatory spheres Whether the TPP inappropriately interferes with ccTLD autonomy is another question for the community. ccTLD operators determine policy “according to the relevant oversight and governance mechanisms within the[ir] country,” territory or geographical location9. “Registration policies are set locally and in conjunction with the local Internet community according and in compliance with RFC 1591.”10 RFC 1591 explains that when it comes to dispute resolution, all that a ccTLD operator needs to do is provide contact information to the parties at odds11. While ICANN requires all gTLDs to resolve domain name disputes according to the UDRP, for ccTLDs the use of the UDRP is optional. They could provide a different dispute resolution procedure, or elect to forego one at all, instead sending rightsholders in the direction of the court. The Provision, however, would hold ccTLD 9 ICANN, About ccTLD Compliance 10 CENTR, Documents, CENTR-BoD_Comment-IANA_ transitionprocess-20140508
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Vint Cerf to chair new committee By Phil Connors Father of the Internet, Vint Cerf, has been chosen to head a new committee. His appointment was announced by ICANN CEO Fadi Chehadé at a special event commemorating the creation of ICANN’s 1,000th committee, also chaired by Cerf. “It is a great honor for me to announce that my good friend Vint Cerf will lead this new committee,” Chehadé told the audience, composed of all 38 members of the previous
Vint Cerf: Father to more committees than you’ve had hot dinners | IMG JOI ITO
committees. “I have no doubt he will do a fine job.” The new President’s Pre-emptive Committee (PPC) will play a vital role in whatever needs review next, Chehadé explained. “Vint will have
Strickling won’t rule out Cuban IANA deal By Tonto Castro US Assistant Secretary Larry Strickling has refused to rule out a possible deal that would see Cuba take over partial control of IANA in September 2015. At a special session in London, he was asked to comment on no less than 62 possible solutions to the transition of the US government’s role in the technical contract. In each case, he demurred, noting that if the community supported a plan to replace his department’s role with a virtual Jon Postel avatar, he would support it. Likewise, ideas to run it over Twitter he was “fine with”, giving it to a different member of the SSAC Committee
every seven days were “a little complex but if you say so”; and to do away with the role altogether was greeted with the response: “If you can make it work.” However the suggestion that Fidel Castro’s halfblind housekeeper be given authority to approve changes to the root zone file raised eyebrows. “So long as it doesn’t break any US laws,” Strickling noted, causing a cranial explosion in 56 members of Congress over 3,000 miles away.
three months to build the committee. We don’t want to rush something this important.” Cerf was tight-lipped about what the committee may investigate, telling the audience: “That discussion
will have to wait until our second face-to-face in Kuala Lumpur. But I would expect it to touch on the security and stability of interoperable multistakeholder ecosystems.” The news did receive some criticism however. “This is another example of top-down decisionmaking,” complained a prominent member of the community before adding, “Oh, I’m on the committee too? In that case, ignore what I just said.”
New public forum rules come into effect today By Arthur Meddling Starting today, new public forum rules designed to encourage greater interaction, especially from less well-known members of the community, come into effect. At a special twohour session explaining the changes, ICANN’s director of hair and media relations, Nad Blight, said that he expected initial confusion but that the community would soon come to appreciate the more extensive discussion that the changes would help produce over the course of the four-hour session on Thursday. Here is a quick summary of the changes:
• For the first 30 minutes, any attendee will be allowed to suggest a topic for discussion • Each attendee can only make one suggestion and will have 30 seconds to do so. Topics with most speaking in favor will be put forward to the Board for review. • The Chair will announce his list of proposed topics and attendees will have 30 minutes to suggest changes. Each attendee can make up to two suggestions in a 45-second timeslot. • The Chair will announce revised topics and ask for feedback on the time allocation for each topic, giving 45 minutes... [That’s enough - Ed.]
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Common sense and a sense of humor are the same thing, moving at different speeds. A sense of humor is just common sense, dancing - William James
Fadi tells world ICANN has nothing to hide By Tanning Oil In response to criticism over the organization’s transparency, today ICANN CEO Fadi Chehadé stripped bare on stage. “I have been listening, and I have heard your concerns, every day, about how we are not transparent enough,” Chehadé told the unsuspecting audience. “And that is why, today, I am going to show you that I have... nothing to hide,” he exclaimed, tearing off his shirt and tie to reveal a toned and oiled-up torso. “From now on, you can keep me to my word, there is nothing that I will not show you.”
DOA appeals dotdotAfrica appeal By Harold Skimpole DotOpenAfrica has announced it will appeal against the appeal lodged by dotAfrica over the controversial dotdotAfrica gTLD application. “This is nothing but a flagrant attempt to intimidate and transmogrify the illegitimate and unscrupulous efforts to deliberately obfuscate the issues at hand,” DOA said in a 52-page statement.
Chest Executive Officer: Chehadé surprises attendees with shirt-ripping antics
Chehadé’s subsequent efforts to invite his entire executive team on stage were gently rebuffed, while attendees at the opening ceremony in London sat in silent awe until one ventured a question. “Who is your fitness trainer?” Chehadé was asked. “I’m afraid that is a confidential matter,” he
responded. “How do you find time to work out?” asked another. “On the advice of legal counsel, I can’t respond to that question,” Chehadé said. “Any tips for getting ripped?” came a third question. “If you will send that request in an email, I will make sure it is responded to...”
Internet governance meeting happens, ends By Brad Nauseum Members of the Internet community met 25 June in London, England to discuss pressing Internet governance issues. The group noted the meeting was a positive exchange of information and ideas. They also highlighted the importance of continued discussions. During the meeting, the group reflected on a number of topics, including: • Discussions at the IGF in Paris last month. • CSTD discussions in Geneva in May.
• Upcoming Internet governance discussions in Abuja, Berlin and Delhi. • The annual Internet Governance Forum in Istanbul in September. • The ITU’s Plenipotentiary in Bhutan, Korea in October. • The next ICANN Internet governance discussion in Los Angeles.
At Large member accused of ‘lording it up’ with KitKat purchase By Terry Stipend Controversy reigned at a joint meeting of ALAC and the registrar’s constituency earlier today when it was revealed a member of At Large had been spotted purchasing a KitKat shortly after receiving his daily stipend. Following a heated discussion over the cost of introducing a 24-hour hotline, talk turned personal. “I find that rich coming from someone who I spotted buying a KitKat earlier today with the money I paid him through the fees ICANN takes out of my business,” said a clearly frustrated registrar representative, receiving grunts of approval from his peers. The individual in question responded: “Under sub-section 3 of the stipend regulations I am entitled to spend the money on, I quote, ‘meals, snacks or other consumables during working hours’.” “Just keep lording it up at my expense,” the registrar representative bellowed back.
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ICANN theme crossword All the answers below relate to ICANN or the London conference. Good luck!
Across 4. Old radio, information over a, b, g or n (8) 6. New territories relate well to group (6,6) 7. Novel leads stern German to manage us (7) 11. Lawyers consider the start of every sentence (7) 13. Program always brings global voices together (10) 15. Board member lost in dishpan crisis (5,8) 16. Stable and secure Swede suffers fatal skirt tromp (6,9) 18. Tone goes crazy for holy cakes (5) 19. Policy arm feigns openness within (4) 21. DNS stalwart asks for wedding list (8) 23. 21 members, six positions (6) 24. My name isâ€Ś (7,4) 26. Leaders hear a lack of interest (5) 27. Boss cooks a chafed hide (4,7) 28. Flower of London? (6) 29. Objection over river, books (6) 30. Hard to see, especially in decisions (12)
Down 1. Burn an animal, close a zone file (5) 2. Group contains vampires with stinky vegetable (3) 3. Not remotely the cause of IANA transition; Welsh mountain (7) 5. Abstain from your current time zone to find technical functions (4) 8. Lead woman wears trendy shoes (6,5) 9. French train takes first position at venue (9) 10. Trusted signer (8) 12. Cause of designation smoothed out in directory (4,4,4) 13. Number of meetings to date (5) 14. Starts a thwarted review team (4) 15. Represent nation indirectly, not generic (7,4) 17. Most commonly used method of identification [abbr.] (3) 20. Do your bidding at the last resort (7) 22. Celebration conceals illegal association (4) 25. Seat, preside over (5)
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Published on May 28, 2014