It seems as though the inevitable is now upon us, and though there are many that have wished this day never come, the launch of the first new gTLD registries is approaching. Now whether the first new gTLD registry will launch within the next few months or be delayed due to Advice from world governments remains to be seen. However, most companies with which I have spoken desperately need any extra time to prepare for the launch of new gTLDs.
The GAC Communiqué recommends that ICANN implement a range of regulations (which the GAC calls "safeguards") for all new generic top-level domains (gTLDs) covering areas ranging from malware to piracy to trademark and copyright infringement. The GAC proposes specific safeguards for regulated and professional sectors covering areas as diverse as privacy and security, consumer protection, fair lending and organic farming. Finally, the GAC proposes a "public interest" requirement for approval of new "exclusive registry access" gTLDs.
Syracuse University professor Milton Mueller published a blog under the title "Will the GAC go away if the Board doesn't follow its advice?". Having been to a number of (very limited) ICANN meetings on behalf of law enforcement cooperation, I would like to share a few - probably thought provoking - observations. The GAC should not leave ICANN but it may be more efficient if its role changed and its efforts were aimed at a different form of output.
Although this article was first published just a few days ago, on May 8th, there have been several important intervening developments. First, on May 10th ICANN released a News Alert on "NGPC Progress on GAC Advice" that provides a timetable for how the New gTLD program Committee will deal with the GAC Communique. Of particular note is that, as the last action in an initial phase consisting of "actions for soliciting input from Applicants and from the Community', the NGPC will begin to "Review and consider Applicant responses to GAC Advice and Public Comments on how Board should respond to GAC Advice...
It's safe to say that with just a week to go before ICANN intended to sign the first contract for a new gTLD, the last thing anyone wanted was a 12-page document from the world's governments with 16 new "safeguards", six of which it wants to see applied to every new extension. But what the industry shouldn't overlook, especially in the face of the expected critical responses this week and next, is that the Governmental Advisory Committee's (GAC's) formal advice from the ICANN Beijing meeting represents an opportunity for the domain name industry to lock-in self-regulation at a critical point in its evolution.
In the run-up to the launch of new gTLDs, ICANN has been negotiating both of its main supplier contracts. The registrar contract (Registrar Accreditation Agreement or RAA) negotiations are now all but complete. A new contract draft has been posted for public comment and it now seems likely that in little over a month, this will become the official new 2013 RAA.
ICANN's Non-Commercial Stakeholders Group (NCSG) has filed a Request for Reconsideration with ICANN's Board of Directors regarding the staff's decision to expand the scope of the trademark claims service beyond that provided by community consensus policy and in contradiction to ICANN Bylaws. Specifically at issue is ICANN staff's unilateral decision to adopt the "trademark +50" proposal for new domains, which would provide trademark holders who have previously won a UDRP or court decision with rights to 50 additional derivations of their trademark in ICANN's Trademark Clearinghouse (TMCH).
ICANN created the Trademark Clearinghouse (TMCH) as a way to streamline the repetitive process forced on trademark owners during the launch of new top-level-domains. With the expected tsunami of hundreds of new TLD's starting later this year, the TMCH should generate a clear benefit for trademark owners who elect to participate in Sunrise and Claims Periods. The side effect of introducing new TLDs is that the legacy TLDs will be making changes to make sure they are competitive against the new TLDs.
We received several emails and phone calls with thoughtful comments on the proposed plan for the first Applicant Auction and have made several small changes to the plan. The final terms will be sent to applicants who requested the RFC, and can also be requested on our website. Here is a quick summary of the changes.
Earlier this April, the largest ICANN meeting ever -- more than 2,500 attendees -- kicked off in Beijing. Given the imminent addition of hundreds of "dot Brands" to the Internet, the topic of new gTLDs was at the top of the discussion list for all attendees. So far, well over 100 new gTLD applications have passed the Initial Evaluation stage, meaning they're on their way to becoming live domains.