The domain industry again has an opportunity to have a voice Washington with those who pass laws and make regulations.
Almost since starting writing thedomains.com I have been talking about the need for domainers to make sure they have a voice in Washington as trademark groups lobby everyday to broaden and strengthen trademark laws so that they can come after your more of your domains, cheaper and quicker.
Almost every post I write on the subject gets little readership.
Last week at the TRAFFIC show there was a session featuring a Congressman and another candidate for Congress.
Once the session started 80% of the room cleared out.
Had they had stayed the attendees would have learned that Congress is going to take up the amending of the Telecommunications Act of 1996 and that the Internet falls within the Act.
If attendees would have stuck around they also would have learned that the congressman sitting before them, Cliff Stearns, will be head of the Congressional Committee overseeing rewriting this bill (assuming the Republicans take over control of the house in the next election) and will be the head of the Telecommunications & the Internet Subcommittee (which of course regulates the Internet).
The panel for the session also included ToddRokita.com who was invited by domainer Chad Folkening, who is running for Congress and would be expected to join the same committee (again assuming the Republican’s take control of the House).
Unfortunately just a few from the domain industry have stepped up to support Mr. Rokita in his bid for Congress.
You can contribute as little as $25 to Mr. Rokita campaign and as much as $2,400(per person) (As long as you are a US citizen).
So all of you that always used the excuse that you would contribute to the ICA if the sponsorship levels were lower, now get your wish.
If you were at the session you heard the hurdles that this industry is going to face from Congress and we need someone that understands our point of view and respects us as small businessman.
The ball is back in your court.
Here a comment from a reader of the blog, “Domain Guy” that he left on another subject but its extremely applicable here:
“””As a constituency (domainers) are a non existent group and will be very weak on any issue.”
“There is no alignment, budget financial organization, organized platform that has any real value or power.”
“The domain lobby is weak compared to insurance, medical or financial lobby.”
“This is what i see.”
“Its probably better to make these statements so domainers can unite and provide a legitimate response and platform to TM attacks.”
The truth is ugly.””
Nicely put Domain Guy, I couldn’t have said it any better.
Now are you going to prove Domain Guy right or wrong?
i happen to know washington couldn’t have been there ’cause he died in 1799.
Todaro
Excellent and thoughtful response.
Once again domainers are well on the way to being put out of business by the government
They are way too busy trying to lynch me! lol
Also speaking to the disappointing “crowd” that headed for the hills before the speech, was former Congressman Mike Ferguson who made it rather clear that the Trademark Lobby is quite powerful and the domain Name Investor Lobby is nonexistent. Rick and I contributed substantial funds to Todd Rokita’s campaign. He is presently serving as Secretary Of State of Indiana, but is facing a tough Congressional opponent.
I find it difficult to understand why the domain Industry, which is comprised of some of the smartest and most astute businessmen I know, can have so little interest in protecting their assets, never showing any interest when the subject of ICANN or CONGRESS or VERISIGN is brought up.
Mike you really believe a democrat is going to contribute to Rokita because he attended a domainer conference.
Actually the ball is in the court of the big domainers that make tens of millions to put up a few million. Not $10,000 not $50,000, a few million. Again IMO
Fellas, I have a hard time believing that you haven’t considered the possibility that some (not all, and I’m not even saying most, but ) domainers are still actively engaged in unethical, if not down right illegal, activities. And if they aren’t currently involved in said activities they may well fear than any substantive action/political activity could lead someone, somewhere to question things a bit too much and delve into past actions resulting in some unfortunate consequences.
Then again, I may be over thinking this and it is all about apathy and the question is simply “will this next session help me make money?” and they can’t see the forest for the trees.
Excellent article, Mike. Thanks for bringing this to our attention. Unfortunately, the majority of domainers are tunnel visioned and probably won’t care or voice their opinions on the matter until it is too late. As Howard pointed out, now would be a great time for domainers to step up and be proactive, instead of reactive.
The average domainer also isn’t pulling in millions like Rick.. Let him put up the house and throw in a few mill…
RH/FT
1st of all Federal law limits contributions to $2,400 a person regardless of how much you make.
So a domainer cannot give millions and millions.
Sorry can’t pass that one off on Rick too.
2nd as I said above only US citizen’s can contribute and since many domainers are non-US citizens they cannot contribute.
If you don’t want to give to a Republican the ICA will still take your money.
Bingo RH. Vote for, or contribute to a Republican, just because he/she attends ‘any’ fund raiser he/she can and tells you what you or others want to hear? They all tell you what you want to hear!! They just never do anything until it’s time for reelection fund raising time again. Sorry Mike, but though well intended, and a subject our industry needs addressed, making it seem like this is the domainer community’s fault if they don’t contribute or support a rep to a party they don’t agree with, and who ‘says’ they’ll help our industry, seems more like a disguised ‘red’ PAC tactic, than an industry rallying cry.
An ICA type of lobbying group is what is needed, not a Tom Delay type of beratement for not supporting that rep.
Mike I did mean put up to Rokita, I meant for a domaining lobby. I have spoken to many smaller domainers, ran polls on Namepros and none want to support the ICA. I am not saying that right, I am just giving you the temperature of the small domainer/hobbyist.
Secondly most of these people have domains no one coming after so there is no “fear factor” and if someone did 999 out of 1000 the name not worth doing anything but giving back.
Kellie excellent comment one of the best put out there IMO.
Another point, that’s factual not someone’s agenda. Let the other side see a congressman is backing domainers and they dig up some of the prominent domainers in that congressman’s ear own tm typos or adult names. That congress man will separate themself from domainers in an instant.
The lobby is the way to have an industry voice. Even Porn has that.
Kevin/RH
I think your operating under the theory that some random candidate for Congress somehow wandered into TRAFFIC to raise some cash for his campaign.
Only problem with that theory is its completely wrong.
Rokita is a long time very good friend of a well known long time domainer, Chad Folkening.
So Rokita came to TRAFFIC at Chad invitation and brought the Republican head of the committee that oversees all Internet issues, Mr Stearns, who by the way was the Congressman that grilled the head of ICANN when he appeared on Capital Hill.
The ICA is a domainer lobby, it receives almost no support from domainers.
The namepro guys have 1001 excuses of why they don’t need to contribute the costs of a namejet backorder to anyone who will support domain issues on the Hill
I just made a contribution to the election of Todd Rokita. I appreciate his coming to the Traffic conference to learn more about domain investing and to meet with domain investors. Under occupation, I put “domain name investor.”
Politicians will famously take up any cause or accept contributions on any platform that will get them elected, what exactly have Mr Stearns or Mr Rokita done for the domain industry. I mean, other than attending a domain conference?
Mike, nothing was said about them ‘wandering in’ to TRAFFIC. I know Chad invited him, I was at Yucca, and at his speech. You noted above –
“”…assuming the Republican’s take control of the House.”” (twice)
&
“”…you that always used the excuse that you would contribute to the ICA if the sponsorship levels were lower, now get your wish. …. The ball is back in your court.””
The fact is he/they ‘are’ Republicans, friends or not of Chad, and your post alludes to – ‘not supporting them (as they ‘say’ they’ll help the industry), then domainers would have only themselves to blame if there is no one there on ‘our’ side.’
In other words, The ends, justifies the means?!? Not if it means supporting ‘them’!
the problem here is the domain community at large is unsophisacted,broke,uninterested, unaligned and politics is boring,
and its every one for themself.kind of like a free for all.
it would be nice to raise funds and have the congressmans ear but this will not happen.
so heres what should happen…all domain stalwarts ie: mike mann,sedo,name media,marchex,tucows,
frank schilling,etc..should observe , evaluate and communicate as a group…maybe on a private secured message board with ideas, commets and future plans. all titans of the domain industry should aggergate then select one,two, three or send their own individual lobbyists BEFORE the meeting of the telecommunications commitee meets have a prepared written statement,concerns, and appropriate government legislation prepared, lobby the correct
politician. (the medical industry has 6 lobbyists for each senate menber)make sure their concerns are heard and presented in written form.
so what will occur is the domain titans will steer the domain industry(right or wrong)
into the future.those with the most to loose will perform the best.i could even see major eu domain investors participating as a group to steer,write and prepare the exact legislation
for the future of the domain industry. ( remenber how the current energy policy was written with chaney in a closed room by the oil industry and revealed to the public later?)
there is an opening here and the most sophiscated,educated,talented, andwell financed should jump on the chance to guide government legislation it can be done…and was recently done with green legislation.so the few will govern the masses isn’t this how it ‘s done?while the rest fall asleep at the wheel……
Kevin
You don’t have to support this candidate, nor do you have to support the ICA
You do have to do something.
Form a new trade group, hire a lobbyist, find someone highly placed in Congress that supports domainers.
Just knocking down every possibility the industry comes up with is not an option and of course I’m saying this to all readers not just to you.
Very good points but most people, understandable just don’t understand business and politics and how they go hand in hand. All three politicians have very successful political careers and the fact they took the time to travel to our conference to raise money or not shows they are interested in learning more. When shit hits the fan, tell me one other person writing policy and laws you can or will call.? Please just one politician who has shown interest? Todd and Stearns gave out there cell phones, not just to raise money but to show interest and learn more. Todd helped me out on legal issues back in 1998 and understands domains. He also uses the internet to make governments more efficient. It’s funny, everyone wants to make money from the greatest country on earth and the citizens but few want to try and protect that asset. When they rewrite the telecom act and who knows what becomes of icann but no voice we will get run over. Sit on your ass, the few of us that get it will let you piggy off us leading, as usual. Just please don’t bitch when taxes, trademarks and other changes come calling to your bottom line.
Domain Guy
Many of those you mention already support the ICA.
Problem is that if you listened to the former Congressman Mike Ferguson who spoke will tell you, groups like us need money AND members.
So when they lobby congress they can say they represent a group of 1,000 people instead of 10.
Finally and once again people like Frank not being a US citizen are not allowed to contribute to congressional campaigns
When talking with congressman stearns , he asked how long did it take to establish case law with domains?Honestely I don’t know, I said two years min but in the early days, I spend a lot of money helping establish what is now case law. Millions in lost value due to legal fees. Guess what, were at that next phase were it’s happening again on an internation level. I think the basis of mikes blog was to show how everyone can contribute if they want. Not just stategic political capital but voicing up your legetimate concerns impacting our industry now and in the near future. There are many ways to establish a cohesive voice and just by the leading bloggers getting all of us talking is a start. Honestly, without my friend Todd and now stearns, not only showing support but actually doing something about it, I would be hopeless and see this industry getting whipped out by some of the bigger industry players. We don’t have the millions to spend on stategic political capital but we have a network distribution that has show effective with projects like grassroots.org.
Here is the best case situation, house flips republican, Stearns become chairman of the internet sub commeittee, Todd wins and get a junior spot on of one of most powerful committees in politics. When they go to write policy, stop policy, rewrite acts, etc well have our small voice to address our concerns and positions and maybe influence outcomes. Worst case, house stays as is, stearns and Todd lose and we have zip, zero recognition about our industry and concerns. I don’t like politics but when I see an opportunity to create or influence change, I find acting is better then regretting. I took the opportuntity and appreciate all the people who came out and supported my friend. I did pick up a new response when people call me a domain squatter , as stearns said, you are homesteaders…
@ Kevin M
Regarding your statement – “An ICA type of lobbying group is what is needed” – what is an ICA-type group?
Or, more to the point, why not ICA? Why reinvent what already exists?
I mean in the past year we stopped really draconian “rights protections” from being put in place for new TLDs — which everyone knew was just the first step to imposing them on .com and the other valuable incumbent TLDs.
We were networking like crazy in DC within 24 hours after the Leahy domain blocking bill was introduced, helped defer the Committee vote, and are coordinating with other key industry and public interest groups to lobby on it when Congress returns after next Tuesday’s election.
And we’re laying the groundwork for the first real discussion ICANN has ever had on UDRP reform.
None of this is easy, and none of it happens overnight. Shaping public policy is a long grueling process, not a big splashy event.
Mike Berkens and the other leading domainers and industry companies that support ICA know what’s getting done, which is why they support the effort. We have both companies and individuals on the Board, and they set the ICA’s policy and the priorities.
As for Ds who don’t want to give $ to Rs, or vice versa, the truth is that if you want to play the game to win in DC you have to provide support to members of both political parties who sit on key committees. The industry should have a PAC that collects campaign contributions and distributes them strategically to key members of Congress — you need friends on both sides of the aisle. Oh, and by the way, it needs to support key senior members like Rep. Stearns as well as incoming members like Mr. Rokita – especially when they care about tech issues and are reaching out to develop a relationship.
But all that takes a base of support a lot broader than has been evident from this industry.
Don’t want to get your hands dirty dealing with politics? Well Google, the trademark interests, and others you compete with don’t have that phobia.
I hope this comment doesn’t seem self-serving — and this isn’t about asking for anyone’s $.
I’m just trying to figure out where you are all coming from and what those who want an industry voice think it should be doing.
I did not attend this most recent TRAFFIC gig in Miami but I have paid close attention to the scuttlebutt as well as the major issues and concerns. I Don’t know Chad well but I have talked to him eye ball to eyeball and have listened to him speak and observe his success and smarts in the domain sector. Michael Berkens certainly did not fall off the turnip truck last Tuesday either. These guy’s know their stuff and they deeply know the domain industry unequivocally. I have no direct business ties to either fellow….but I’m pretty certain that they know more that a few things that are very good and beneficial for the “domain industry” and not just their own interests. I have researched Mr. Todd Rokita in reasonable detail and although I still need to do a bit more, I currently think he is a solid and bonafide candidate to help protect and enhance the interests of the domain industry and domain holders (not just the big corporations and deep-pocketed reverse hijackers).
Furthermore I can’t resist stating that I hope that Todd and/or whoever else gets more pro-actively involved in domain name policy and law, will zoom in on the unwarranted monopolistic domain base pricing practices & allowances as well as the ways & means and excessive leeway granted to Verisign, ICANN…and then sum.
@Phil
I meant like what you and the ICA do! (And to be honest, I was under the impression, until I read something recently, that the ICA was no more.) I know what you do, and commend you and your efforts. I’m all in favor of needing a political support team/system for our industry, and haven’t been saying differently of such. I was just accenting a lack of transparency of whom one would be supporting along with that ‘what or why’ they should be supporting.
consider that the dn vs tm debate was staged back in the 90’s, and the trademark bar was an active participant.
some of those who were there have gone on to join the internet dn sector. some are still involved with internet steering committees. some work for registrars. the success of dn’s as a “product/service” have given them a nice lifestyle.
the pressure to move domain disputes into the courts (away from udrp) is fueled by people who do not understand computer technology and the internet well enough to become involved and benefit from it.
show them how they can profit from the dn system (instead of the old tm system) and i think they will very quickly “switch sides”. litigation is not the ideal way to do business.
the internet (and, as a part of it, the dn system that people have become attached to) has the ability to create a significant amount of business activity, enough to fuel the 2000 boom that spilled over into many other sectors. no us gov’t is going to tamper with things in a way that reduces that ability.
icann and the udrp, then later the acpa… i see neither as any evidence of a desire to “regulate” the internet, via legal tribunals, in a way to foster the strength of tm’s. i would argue they better resemble a desire to “stay out of the way” of emerging technology and innovation… “laissez-faire” if you will. perhaps the “new systems”, and their potential, are more important than the old ones.
as i said, the “experts” on these issues had their say back in the 90’s and more than a few have gone one to benefit from the internet (and the dn system’s) development.
i fail to see why more won’t follow.
as most anyone familar with technology knows, people who oppose internet technologies as a “threat” or “nuisance” are often those who simply can’t get their head around them. they are slaves to their machines instead of the other way around.
i don’t fear such people, nor their lobbies. because i believe the majority recognises they are not our best bets for driving economies forward. gov’t’s like technology, and they like innovators, and for good reason.
then again, if you’re sitting on a portfolio that derives its most revenue from pornographic words and trademark misspellings/typos/homophones, as some domainers are, then i think it’s a bit far-fetched to expect anyone to help you protect such an investment. indeed there is unlikely to any coherence among such persons. while what they do might not be “illegal”, and might not be on the radar of the tm owners, it will never be condoned by the public, and they know it. more likely an “every man for himself” mindset might prevail in that situation. no one in their right mind is going to view their strategy (porn and tm’s) as “innovation”.
otherwise, fear not.
No Kevin, ICA restructured early this year but is still very much alive. Reports on our activities can be found at InternetCommerce.org .
Thanks for the kind words regarding my work on behalf of the domain industry.
Meanwhile, since there’s so much interest right now about GoDaddy, opensecrets.org reports that they spent $715,000 on Federal lobbying in 2009. Google spent $4 million, VeriSign spent $2.4 million. Because of the narrow definition of what constitutes lobbying for reporting purposes the actual amounts these companies spent to influence public policy is probably quite a bit higher. And these figures don’t include campaign contributions from company PACs or executives.
Phil from the top 20 domainers and top 20 registrar and parking companies you should be able to generate $2,000,000. If those 40 entities are not willing to put that up and protect their interests then this industry has no hope.
So please tell me why that can’t get done. Nothing else, no other rhetoric. Top 20 domainers Top20 registrars and parking companies, $2,000,000.
Thank you
There is more power when 80 people give $25 each than one entity giving $2000.
Unfortunately this is a dead horse. The “Industry” keeps failing to respond and I see nothing that will change it because they are all focused on the BS. Maybe those folks that came to TRAFFIC and did not pay should contribute instead of always looking to somebody else. Howard and I have given over $100k in support over the years. Money we could have put in our pocket and enjoyed.
The ICA never had a business plan and while Phil’s work is important, no plan = no funds. We pay the ICA to get to people like the Congressman’s ear to begin with. What Chad pulled off was simply incredible. It proves passion trumps dollars.
Rick said There is more power when 80 people give $25 each than one entity giving $2000.
I agree Rick 100% been saying that for three years.
Nothing will change because most people don’t make enough from domains. There are very few people who do this full time. If you’re making a full time living from it, sure, give your money. If not, I don’t think you can expect those who dabble in domains and make some side money to give a crap.
The reality is the same people in Washington who will protect your domain investments are the same people who will protect your small business, real estate and other investments including capital gains tax rates. So add all that up and if it is not worth $250 every two years towards the right candidate, it probably is not worth the time you are spending “working” on these things. Go for a run or spend more time with your loved ones. $25 is less than the average domainers bar tab last night.
More
Who started the ICA and its history has no more relevance to the issue at hand as it is the present composition and its current work.
Like I’ve said 100 times before if you don’t like the ICA start your own group, hire a lawyer/lobbyist with the experience of Mr. Corwin find the first $200K in funding and I’m in for $10K a year.
Again, the purpose of my post was not to solicit funds but to ask Kevin if he had issues with ICA. Turns out that he wasn’t sure we were still operational. I’m not sure why that is as all our posts are picked up immediately by domaining.com; Mike certainly notes our activities on a regular basis at this blog; and Domain Name Wire also covers us on a regular basis, and even asked me to write a post detailing our activities this summer (and Andrew gave me some grief because it went on so long).
What Chad did with the Miami event for Stearns and Rokita was very impressive and I certainly hope he achieves his funding goal. But one event is not a comprehensive political strategy — it really needs to be tied to an overall program of targeted contributions to key members of important House and Senate committees on both sides of the partisan aisle — the Leahy domain blocking bill, for example, is in the jurisdiction of the Judiciary committees, not the Commerce committee on which Stearns will likely be a Chairman and on which Rokita will seek a seat if he wins his election, so there’s real limitations Rep. Stearns could do to affect how that bill is addressed in the House. Plus, all fund-raising and giving should be in support of a comprehensive policy agenda, both offensive and defensive.
This is not to denigrate the event in any way — just to say that a one-off, isolated event will never have the same beneficial impact as one that is tied into an overall political and policy strategy. Again, look at how GoDaddy, Google, VeriSign, and other tech industry trade groups approach campaign contributions.
I’d say more but I have to get back to finishing an comment letter to ICANN that lays out why all UDRP provider should be put under a uniform contract that stops forum shopping by requiring unbiased panelists, consistent treatment of recurring issues, clear limits on matters that can be addressed in supplemental rules, and other provisions that put the UNIFORM back in UDRP. The letter is somewhat lengthy and technical — but this is exactly the type of work that must be done to address the legitimate issues that registrants currently have with the UDRP.
more money +1
=reality check
who is the consumer that types in [insert ridiculous phrase here].com? doesn’t anyone wonder? i’m sure some advertisers do.
the registries and registrars (who have hired lobbyists) support and sell these dubious domain labels… they are a part of the system… but… they can also point to a great many domain labels that do not carry such stigma. even though they may profit the most from the dubious ones (the ugly truth), they can justify what they are doing by redirecting attention to the “good” labels. in their roles, they are fundamental components of today’s internet.
but what of domainers? there is no solid PR or lobbying platform for many of them, because there is no story domainers holding 1000’s of these dubious labels can tell. the names speak for themselves. consulting firms are happy to get involved, but then look at their PR record.
not every domainer has a shameful portfolio of dubious names. but many do. too many perhaps.
UPDATE
Guys
I have moved all of the comments that went off topic to another URL.
To view the other comments or to comment further go to:
http://www.thedomains.com/2010/10/28/comment-wars
Any comments under this post must be on point which is the Congressman’s visit to TRAFFIC and fund raising efforts for him.
Any comments not on point will be removed.
No other comments will be moved, so if once again you wish to join the comments on other issues please go here:
http://www.thedomains.com/2010/10/28/comment-wars