I have prepared the
following extract from the Excel Spreadsheet being used within
the New gTLDs Subsequent Rounds Discussion Group. It is
intended as an easy to read quick guide to issues being
discussed, and issues not being discussed at this
point.
Quick
Guide to Identifying the Principles, Recommendations and
Implementation Guidelines being discussed in the New gTLDs
Subsequent Rounds Discussion Group[1]
Preface:
The following list is Column B in the New gTLD
Principles_Recs_IG_Issues_16Mar2015 Excel file being
circulated by the GNSO New gTLDs Subsequent Rounds Discussion
Group [Ntfy-gnso-newgtld-dg], with a couple of “rationale”
comments deleted. It is presented as a quick guide to
identifying the Principles, Recommendations, and
Implementation Guidelines being discussed. For the
contents of Columns C through H refer to the spreadsheet.
Column B
SubGroup
Policy
and Implementation Satisfactory?
Implementation
Satisfactory
Policy
adjustments/
clarifications
Implementation
Guidance
Other
Considerations
Principles:
New
generic top-level domains (gTLDs) must be introduced in an
orderly, timely and predictable way.
Some new
generic top-level domains should be internationalised domain
names (IDNs) subject to the approval of IDNs being available
in the root.
The
string evaluation process must not infringe the applicant's
freedom of expression rights that are protected under
internationally recognized principles of law.
A set of
technical criteria must be used for assessing a new gTLD
registry applicant to minimise the risk of harming the
operational stability, security and global interoperability
of the Internet.
A set of
capability criteria for a new gTLD registry applicant must
be used to provide an assurance that an applicant has the
capability to meets its obligations under the terms of
ICANN's registry agreement.
A set of
operational criteria must be set out in contractual
conditions in the registry agreement to ensure compliance
with ICANN policies.
Recommendations:
ICANN
must implement a process that allows the introduction of new
top-level domains.
The
evaluation and selection procedure for new gTLD registries
should respect the principles of fairness, transparency and
non-discrimination.
All
applicants for a new gTLD registry should therefore be
evaluated against transparent and predictable criteria,
fully available to the applicants prior to the initiation of
the process. Normally, therefore, no subsequent additional
selection criteria should be used in the selection process.
Strings
must not be confusingly similar to an existing top-level
domain or a Reserved Name.
Strings
must not infringe the existing legal rights of others that
are recognized or enforceable under generally accepted and
internationally recognized principles of law.
Strings
must not cause any technical instability.
Strings
must not be a Reserved Word.
Strings
must not be contrary to generally accepted legal norms
relating to morality and public order that are recognized
under international principles of law.
Applicants
must be able to demonstrate their technical capability to
run a registry operation for the purpose that the applicant
sets out.
Applicants
must be able to demonstrate their financial and
organisational operational capability.
There
must be a clear and pre-published application process using
objective and measurable criteria.
There
must be a base contract provided to applicants at the
beginning of the application process.
Dispute
resolution and challenge processes must be established prior
to the start of the process.
Applications
must initially be assessed in rounds until the scale of
demand is clear.
The
initial registry agreement term must be of a commercially
reasonable length.
There
must be renewal expectancy.
Registries
must apply existing Consensus Policies and adopt new
Consensus Policies as they are approved.
A clear
compliance and sanctions process must be set out in the base
contract which could lead to contract termination.
If an
applicant offers an IDN service, then ICANN's IDN guidelines
must be followed.
Registries
must use only ICANN accredited registrars in registering
domain names and may not discriminate among such accredited
registrars.
An
application will be rejected if an expert panel determines
that there is substantial opposition to it from a
significant portion of the community to which the string may
be explicitly or implicitly targeted.
Implementation
Guidelines:
The
application process will provide a pre-defined roadmap for
applicants that encourages the submission of applications
for new top-level domains.
Application
fees will be designed to ensure that adequate resources
exist to cover the total cost to administer the new gTLD
process.
Application
fees may differ for applicants.
ICANN
will provide frequent communications with applicants and the
public including comment forums.
A first
come first served processing schedule within the application
round will be implemented and will continue for an ongoing
process, if necessary.
Applications
will be time and date stamped on receipt.
The
application submission date will be at least four months
after the issue of the Request for Proposal and ICANN will
promote the opening of the application round.
If there
is contention for strings, applicants may:
i)
resolve contention between them within a pre-established
timeframe
ii) if
there is no mutual agreement, a claim to support a
community by one party will be a reason to award priority
to that application. If there is no such claim, and no
mutual agreement a process will be put in place to enable
efficient resolution of contention and;
iii)
the ICANN Board may be used to make a final decision,
using advice from staff and expert panels.
Where an
applicant lays any claim that the TLD is intended to support
a particular community such as a sponsored TLD, or any other
TLD intended for a specified community, that claim will be
taken on trust with the following exceptions:
(i)
the claim relates to a string that is also subject to
another application and the claim to support a community
is being used to gain priority for the application; and
(ii) a
formal objection process is initiated.
Under
these exceptions, Staff Evaluators will devise criteria
and procedures to investigate the claim.
Under
exception (ii), an expert panel will apply the process,
guidelines, and definitions set forth in IG P.
External
dispute providers will give decisions on objections.
An
applicant granted a TLD string must use it within a fixed
timeframe which will be specified in the application
process.
The base
contract should balance market certainty and flexibility for
ICANN to accommodate a rapidly changing market place.
ICANN
should take a consistent approach to the establishment of
registry fees.
The use
of personal data must be limited to the purpose for which it
is collected.
ICANN
may establish a capacity building and support mechanism
aiming at facilitating effective communication on important
and technical Internet governance functions in a way that no
longer requires all participants in the conversation to be
able to read and write English.
ICANN
may put in place a fee reduction scheme for gTLD applicants
from economies classified by the UN as least developed.
ICANN
may put in place systems that could provide information
about the gTLD process in major languages other than
English, for example, in the six working languages of the
United Nations.
The
following process, definitions and guidelines refer to
Recommendation 20.
Process
Opposition
must be objection based.
Determination
will be made by a dispute resolution panel constituted
for the purpose.
The
objector must provide verifiable evidence that it is an
established institution of the community (perhaps like
the RSTEP pool of panelists from which a small panel
would be constituted for each objection).
Guidelines
The
task of the panel is the determination of substantial
opposition.
a)
substantial – in determining substantial the panel
will assess the following: signification portion,
community, explicitly targeting, implicitly targeting,
established institution, formal existence, detriment
b)
significant portion – in determining significant
portion the panel will assess the balance between the
level of objection submitted by one or more
established institutions and the level of support
provided in the application from one or more
established institutions. The panel will assess
significance proportionate to the explicit or implicit
targeting.
c)
community – community should be interpreted broadly
and will include, for example, an economic sector, a
cultural community, or a linguistic community. It may
be a closely related community which believes it is
impacted.
d)
explicitly targeting – explicitly targeting means
there is a description of the intended use of the TLD
in the application.
e)
implicitly targeting – implicitly targeting means that
the objector makes an assumption of targeting or that
the objector believes there may be confusion by users
over its intended use.
f)
established institution – an institution that has been
in formal existence for at least 5 years. In
exceptional cases, standing may be granted to an
institution that has been in existence for fewer than
5 years.
Exceptional
circumstances include but are not limited to a
re-organization, merger or an inherently younger
community.
·The
following ICANN organizations are defined as established
institutions: GAC, ALAC, GNSO, ccNSO, ASO.
·g)
formal existence – formal existence may be demonstrated by
appropriate public registration, public historical evidence,
validation by a government, intergovernmental organization,
international treaty organization or similar.
·h)
detriment – the objector must provide sufficient evidence to
allow the panel to determine that there would be a likelihood
of detriment to the rights or legitimate interests of the
community or to users more widely.
·ICANN
staff will provide an automatic reply to all those who submit
public comments that will explain the objection procedure.
·Once
formal objections or disputes are accepted for review there
will be a cooling off period to allow parties to resolve the
dispute or objection before review by the panel is initiated.
[1]
Prepared by Sam Lanfranco, Chair, Policy Committee, NPOC.
I am solely responsible for any inconsistencies between
this “quick guide” and the content of the New gTLD
Principles_Recs_IG_Issues_16Mar2015 Excel file