Internet Commerce Association: September 2006 – January 2010 R.I.P Dead, Gone & We Are On Our Own?

2010 January 24
by MHB

Is The Internet Commerce Association (the “ICA) dead?

Phil Corwin who’s Washington Law firm has represented the Association at ICANN meetings, and through its various committees and workshops, and represented domainers interests in matters from the Snowe Bill to the Kentucky Domain Seizure case, to the Uniform Rapid Suspension, contract with the ICA ended on December 31, 2009.

No one has been retained by the ICA to replace Phil.

So currently the ICA has no one representing them.

I can sum of the ramification for domainers of this in one word:

Disastrous.

2010 ICANN will be passing more rules and regulations for the new gTLD’s which as we have said on numerous occasions very well could effect existing registries and extensions, like .com and .org.

One of the outcomes of the the new extensions are new rules pushed by trademark groups and even maybe shorter, quicker and cheaper UDRP and WIPO procedures that complaints already have a 85%+ win rate.

The immediate problem is that the comment period on STI-RT Recommendations with ICANN closes in two days, on January 26th.

The ICANN announcement is at here .

The report proposes a vastly more balanced version of the URS (Uniform Rapid Suspension)  with important registrant protections, including a safe harbor defense for ownership of a domain portfolio as well as for domain parking.

Phil was instrumental in getting the original URS knocked out in favor of this proposal.

Unfortunately, the only folks to comments on this proposal so far as those representing the trademark holders interests and they’re against it.

Trademark groups want ICANN to go back to to something even stronger than the IRT original recommendations and original URS.

(You can read about the URS proposal by clicking here)

Trademark groups including the INTA and others are encouraging trademark holders to file comments against this more modest proposal in favor a the original URS.

Phil Corwin who would normally file a comment on behalf of the ICA will not be doing so.

Mr. Corwin would also be letting all domainers know about this situation and urge all domainers to submit their comments on this proposal by the due date January 26, 2010.

If we don’t support this verision trademark groups will get a stronger, brustal verision passed.

As we have pointed out on many other occassion almost every word; 2 and 3 letter combination and saying and phrase is trademarked in the US.  Moreover trademarks registered in countries other than the US can and often are used by trademark holder to take away generic domains from domain owners.

(You can check out the UdrpWallOf Shame.com to see just a few of these type of decisions).

I don’t have a magic solution at this point and unless something fundamentally changes, as a group we are pretty much on our own.

No Bueno.

You should take a minute out of your day and comment in favor of the proposal on the table  and say a Hail Mary for the money and the time spent before you.

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57 Responses leave one →
  1. 2010 January 25
    Adam permalink

    “What does Mr.Corwin each year in salary and expenses.

    I have just seen the numbers for the first time myself and although its not my place to announce them, I will tell you that Mr. Corwin compensation does not seem out of line at all for a Washington Law Firm. Travel expenses are related to going to ICANN shows which I think if the ICA can pull itself together it will no longer have the budget for. I think the only other expense is an account to file the required tax return and organization returns for the non-profit.”

    and

    “What can be done to get them to join ?”

    Ok let me put on the fireproof suit here.

    For me, I’d say start with a little more accountability and transparency perhaps. I haven’t supported the ICA because I don’t see much transparency. I see a lot of the sort of thing I expect from lobbyist (I worked for one so I know the drill) . . . “You are in danger you need to protect your interests” . . . of course we do, but what’s that going to cost over time. Lobbying is a moving target as there’s always something new that comes up to fight but it’s not a new industry so expenses could/should have been projected at the inception of the ICA. . . .

    How much is this continued operation going to cost ? How do you sustain it if there’s a downturn in the economy ? How much did the original founders plan on the operation costing ?

    I see that Phil has done some fighting, but I’d really like some specific bullet points on what it costs and what has been done. How about an annual report or some sort or yearly review ? Like a report saying “we spent X and we did Y with that money.” The state lobbyist I worked for was responsible for a monthyl newsletter indicating the progresses made, etc.

    If the model can’t sustain from the current business plan/model and the current membership levels than maybe that does need to be rethought entirely or it simply isn’t a product that can pay for itself or that people want.

    This association is like any product. Create a product that the people will pay for. . . Even if you think it’s a good “product” you may still have to actually do some selling . . . The current sell isn’t all that good with a lack of transparency, so I’m not buying yet. I certainly can be swayed . . . and certainly can toss in $295 but had I done it at the beginning I wouldn’t be pleased being left in the dark as you have with your much larger donation.
    Just my 2 cents.

  2. 2010 January 25
    steve permalink

    I paid my dues for the last 2 years and am up to date.

    I agree there needs to be more transparency. Not on Phil’s part but the organization.

    Not having Phil is not good. It is a full time job for an attorney and Phil is doing an excellent job.

    Fellow domainers, do not drop the ball on this. There is ICA and there is all the people who want the domains that they claim are rightfully theirs even though you own them.

  3. 2010 January 30
    Domo permalink

    Have you tried herding cats/worms/rattle snakes/ scorpions ?

    and after succeding asking them for money?

    Domo Sapiens.

  4. 2010 January 30
    John Beckwith permalink

    DNW did a post saying the ICA is done. There will be a new organization being put together by some big guys. Do you know about this Michael ?

  5. 2010 January 30
    MHB permalink

    John

    I’m actively involved in getting the ICA reformed or reorganized with a more focused mission and membership

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