Internet Commerce Association - ICA

Internet Commerce Association (ICA) was established in September 2006 following the .com settlement between the Internet Corporation for Assigned Names and Numbers (ICANN) and VeriSign. After reviewing that back room-negotiated no-bid perpetual contract, domain name monetization industry leaders concluded that permanent representation within ICANN, in Washington, and in other critical decision-making arenas was needed to protect its collective interests.

Internet Commerce Association (ICA) has been working diligently to stop the Snowe bill, S. 2661 since the day it was introduced. Even though it has an anti-phishing name, it is clearly a trademark bill. Philip Corwin, Counsel to ICA, has met with Senators’ staff and spoken with Capitol Hill reporters and other companies and associations who have a lobbying presence in Washington. He has been informing them of the damage this bill will cause to our industry and soliciting opposition to the bill and his work is starting to pay off.

It is very important that every U.S.-resident ICA member as well as other domainers write to their U.S. Senators and advise them of the serious concerns raised by Sen. Snowe’s “anti-phishing” bill. Because it has been labeled consumer-friendly legislation aimed at stopping a serious consumer scam, your Senators may be inclined to support it unless they learn that it is not as advertised --and that their constituents have major concerns about it. Constituents are voters, and elected officials care about what they think

Snowe Bill Threatens Domain Name Registrants with “Infringement” Enforcement That is More Expansive and Punitive Than the UDRP or Trademark Law

On February 25, 2008 U.S. Senator Olympia Snowe introduced S. 2661, the “Anti-Phishing Consumer Protection Act of 2008” (APCPA). The bill was also cosponsored by Senators Bill Nelson (D-FL) and Ted Stevens (R-AK). It has been referred to the Senate Committee on Commerce, Science and Transportation. No hearings have yet been scheduled on this proposal.

The bill is titled and promoted as a solution for phishing. ICA strongly supports legislation to stop phishing. However, this bill causes great concern about
overreaching trademark protection at the expense of innocent domain
owners. Philip Corwin, Counsel to Internet Commerce Association, is
reviewing the bill to try to separate the good from the bad and there
is plenty of bad. We will publish Mr. Corwin's comments as soon as they
are available.

The following is Internet Commerce Association's comments to NTIA for ICANN's Midterm review.

February 15, 2008

Suzanne R. Sene
Office of International Affairs
National Telecommunications and Information Association
1401 Constitution Avenue, NW
Room 4701
Washington, DC 20230

Re: Docket No. 071023616-7617-01; Notice of Inquiry
regarding Midterm Review of the Joint Project Agreement (JPA) between the
Department of Commerce and ICANN

TO: ICA Members
FROM: Philip Corwin, ICA Counsel
SUBJECT: Public Meeting to Review ICANN Performance

Per the Federal Register notice below, the NTIA will be holding a public meeting in regard to ICANN’s performance under its current Joint Project Agreement (JPA) on February 28, 2008 at the Department of Commerce building in Washington. Admittance is on a first-come, first-served registration basis. ICA members who wish to attend to should advise NTIA ASAP per the instructions below.

Over the last year, Internet Commerce Association has been actively campaigning for ICANN to stop domain tasting. Now word is out that an unlikely player may stop the practice that has led to tens, maybe hundreds of thousands of abusive domain registrations. Is Google planning to take action to bring an end to the abuse of the add/delete grace period that has given our industry a black eye?

Below you will find a November 2nd   Federal Register Notice of Inquiry posted by the Department of Commerce (DOC). They are conducting an inquiry in regard to ICANN’s compliance with and performance under the Joint Project Agreement (JPA) signed in September 2006, which extended the current Memorandum of Understanding (MOU) between the DOC and ICANN.