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 1

Agenda • The new gTLD program • Internet Governance & regulatory issues • Overview of applicant guidebook • Rights protection measures • Stakeholder roles & governmental policy concerns 2

Source: Source: uniteddomains.com THE NEW GTLD PROGRAM 3

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 4

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Source: .Berlin 6

From SLD.com to .TLD? Source: domaining.com Source: uniteddomains.com 7

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? 8

INTERNET GOVERNANCE: REGULATORY ISSUES 9

Internet governance by stakeholders, in their Development and application of respective roles: shared principles, governments, norms, rules, decision-making procedures, and programmes the private sector and that shape the evolution and use of the Internet civil society. TUNIS AGENDA FOR THE INFORMATION SOCIETY, SECTION 34 10

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.) 11

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.) 12

THE APPLICANT GUIDEBOOK Source: ICANN 13

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Expansion and transformation RIGHTS PROTECTION MEASURES Source: United domains 20

Rights protection mechanisms Existing regime New gTLDs ccTLDs: variations of UDRP + Trademark rights-protection clearinghouse Rapid URS mechanisms Trademark claims gTLDs: UDRP Sunrise service service Trademark Post- Registration Additional rights- Delegation Dispute Restriction Dispute protection Resolution Resolution mechanisms? Procedure PDDRP Procedure 21

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 owners 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 22

Too little rights protection? Congressional hearings Opposition by trademark interests No globally protected marks list Trademark interests 23

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 Sources: ICANN 29

Regulating domain name meaning? • .xxx • Governmental advice & early warning • .gay • Freedom of expression • .nazi vs. respecting • .ss sensitivities • .tibet • Content and filtering 30

Thank you for your attention! tobias.mahler@jus.uio.no 31