New Top-Level-Domains Regulatory issues, dispute resolution and - - PowerPoint PPT Presentation

New Top-Level-Domains

Regulatory issues, dispute resolution and rights protection

• Dr. Tobias Mahler

Norwegian Research Center for Computers and Law, University of Oslo

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Agenda

• The new gTLD program
• Internet Governance & regulatory issues
• Overview of applicant guidebook
• Rights protection measures
• Stakeholder roles & governmental policy

concerns

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THE NEW GTLD PROGRAM

Source: uniteddomains.com

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Source:

Top-level domains (TLDs)

• Country code (ccTLDs)

– .de, .no, .tv, .as

• Generic (gTLDs)
• .com, .org, .net, .edu. .gov, .mil,

– 2000 (proof of concept)

• .aero, .biz, .coop, .info, .museum, .name, .pro

– 2003-2011 (sponsored)

• .asia, .cat, .jobs, .tel, .travel, .mobi, .post, .int .xxx

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Source: .Berlin

From SLD.com to .TLD?

Source: uniteddomains.com Source: domaining.com

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Current status

• gTLD applicant guidebook, latest version

released 2012

• Timeline

– Applications for new gTLDs accepted 12 January – 12 April 2012 – 9-24 months between close of application window and delegation?

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INTERNET GOVERNANCE: REGULATORY ISSUES

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Internet governance

Development and application of

shared principles, norms, rules, decision-making procedures, and programmes that shape the evolution and use of the Internet by stakeholders, in their respective roles:

governments, the private sector and civil society.

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TUNIS AGENDA FOR THE INFORMATION SOCIETY, SECTION 34

Issues

• [ICANN shall ensure that] the various issues [with

gTLD expansion] will be adequately addressed prior to implementation, including

– competition, – consumer protection, – security, stability and resiliency, – malicious abuse issues, – sovereignty concerns, and – rights protection.

Affirmation of commitments (AOC), Section 9.3 (abbrev.)

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ICANN to review after implementation

• Regular reviews to examine

– the extent to which the introduction or expansion of gTLDs has promoted

• competition,
• consumer trust and
• consumer choice,

– as well as effectiveness of

• (a) the application and evaluation process, and
• (b) safeguards put in place to mitigate issues involved in the

introduction or expansion.

• AOC Section 9.3 (abbrev.)

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THE APPLICANT GUIDEBOOK

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Source: ICANN

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RIGHTS PROTECTION MEASURES

Expansion and transformation

Source: United domains

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Rights protection mechanisms

Existing regime

ccTLDs: variations of rights-protection mechanisms gTLDs: UDRP Additional rights- protection mechanisms?

New gTLDs

UDRP + Rapid URS Trademark clearinghouse Trademark claims service Sunrise service Trademark Post- Delegation Dispute Resolution Procedure PDDRP Registration Restriction Dispute Resolution Procedure

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Too much rights protection?

“an environment of trademark obsession”

• ALAC, “Statement on the GAC gTLD Scorecard”, 2011

“The lawyers paid to preserve the interests of the trademark

• wners have not ceased to turn their backs on the concessions

they made to achieve consensus only a few months previously.”

• David Maher, “The Slippery Slope”, 2011

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Too little rights protection?

Congressional hearings Opposition by trademark interests No globally protected marks list Trademark interests

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Unsolved trademark problems

Conflict

• Share the gTLD?
• Forbid use by one?

Post delegation dispute resolution policies

Trademark PDDRP

• The Trademark Post-Delegation

Dispute Resolution Procedure

RRDRP

• The Registry Restrictions Dispute

Resolution Procedure

The Trademark PD Dispute Resolution Policy

Remedy for

• Deliberate commercial use of a new gTLD for the purpose of

trademark infringement.

• Top level domain name, e.g. “.APPLE”
• Second level domain name.

Limitations

• 30 day advance notice of a claim, and offer to meet for

resolution

• Only a trademark owner may file a complaint
• No liability if registry not profiting (beyond registration fees).

Registry restrictions DRP

Registry restrictions

• ”Community TLD” with registration restrictions, the

registry should be responsible for keeping its commitments.

Requirements: Complainant must prove:

• it is an established institution, and
• has an ongoing relationship with a defined

community that consists of a restricted population that the gTLD supports.”

• “measurable harm”.

Procedure for both DRPs

Panel

• One person panel to decide cases,
• but either party can demand a three person panel.

Court litigation & arbitration

• Either party to a dispute may go to court in lieu of or in addition to a DRP

proceeding.

• Arbitration available.

Remedies

• “Remedial measures” but no monetary damages, no monitoring
• Suspension of new registrations
• Termination of registry agreement in extreme cases

STAKEHOLDERS´ ROLES & POLICY CONCERNS

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Sources: ICANN

Regulating domain name meaning?

• .xxx
• .gay
• .nazi
• .ss
• .tibet
• Governmental advice &

early warning

• Freedom of expression
• vs. respecting

sensitivities

• Content and filtering

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Thank you for your attention!

tobias.mahler@jus.uio.no

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