Tag Archives: Domain name registrar

Does ICANN Hold the Key to International IP Protection?

The Internet Corporation for Assigned Names and Numbers, or ICANN, is a not-for-profit organization based in California, but charged with activities of global importance.

Plaque on the ICANN (Internet Corporation for ...

Plaque on the ICANN (Internet Corporation for Assigned Names and Numbers) head office, Del Rey, California, USA. (Photo credit: Wikipedia)

With a remit to preserve the operational stability of the Internet and provide appropriate representation for the international Internet community, developing policies that reflect this broad mission.

If that scope sounds wide, it should. ICANN holds a great deal of responsibility, on a technical level especially, operating servers that underpin Internet standards and managing major developments, such as the recent roll out of new top level domains around the world (why you’re seeing New York firms jump the .com ship for .nyc domain, and many artists adopting a .music address).

Indeed, what ICANN should and should not be involved with is an ongoing debate, as evidenced by recent concerns over its ability to cut off domains facilitating copyright infringement and other fraudulent activity.

Letters from the MPAA and RIAA asking ICANN to do more were last month labeled as requests for the organization to start “policing the Internet.” Again, this is a huge overstatement, designed to instill fear in the general public that studios and record labels are out to get them.

But this is a general request to bring ICANN on the side of creators and help to protect their rights. The organizations that represent them have simply asked that ICANN react to the “use of domain names for illegal and abusive activities, including those related to IP infringement.”  Essentially, this is a request to enforce laws that already exist and leverage their position to do more across international boundaries, where individual nations can run into bureaucratic barriers, depending on which other the country is home to the site infringing upon IP.

There is no concrete action in place, but the ultimate threat of taking a pirate or fraudulent domain should be a real one, albeit used . This is a move to align the ability of creators to protect their work by flagging infringement wherever it happens in the world and taking steps to remove it, not to arbitrarily take offline any site that is accused of piracy.

Basically, creators are asking that they be allowed to raise the red flag to ICANN for closer review, not push the red button on any site they flag.

 

 

Parallels to the Advertising Industry

There are plenty of scare tactics employed by open Internet activists when it comes to measures designed to curb copyright infringement. The ability to remove a site from global access is of course a significant power, but it’s important to remember why this occurs in the first place: these sites are stealing content for their own profit.

In cases like The Pirate Bay, the aim is so clear it’s in the name, so perhaps the public is less tolerant of overt piracy. When the lines are blurred by a mixture of seemingly legitimate business and hosted files that infringe copyright, however, there is a tendency to claim that those who own the rights to that intellectual property are overstepping the mark.

The reality is that any instance in which an online business claims legitimacy, yet hosts a large amount of content without permission from the owner, that business has a responsibility to police its own servers. If they neglect that responsibility, or simply choose to ignore copyright claims, the only recourse of IP owners in any country is to threaten to cut them off. As an entity with global reach to that end, ICANN is a logical organization to work alongside rights holders to make infringing sites aware that their online status is at risk.

There should certainly be a review process for any site that ICANN is asked to remove from its registry, and parallels can be found in the advertising industry, which just introduced a new anti-piracy and anti-fraud initiative with broad support.  

In this system, sites that host advertising are subject to various tests of legitimacy by an independent consulting body, before receiving a risk score that empowers advertisers to cut them out of their ad network selection. Cutting off this source of income from big brands is a real enough threat that any legitimate site worth its salt will work to clean up its act and request a review of its risk status. Meanwhile, the illegitimate sites that have no business model outside of ripping off original creative works will see a crucial source of revenue dry up.

There is no panacea to cure piracy on a global level, but it can certainly be curbed from sites that occupy the middle ground and simply need a nudge in the right direction. This works in some cases for the US Trade Representative office, as we noted in the case of its “Notorious Markets” name and shame report, and it will take organizations with global reach to effect similar

These initiatives need not be draconian, as so many activists automatically try to imply, but they must have sufficient teeth to spur infringing sites into action. ICANN is one intermediary that has the bite to help creators protect their work, while first using its bark to warn sites that are on its complaint list, giving them an opportunity to turn things around.