GAC Agenda Item 3: Country codes and country names as second-level domains (SLDs) Two different issues ref. country codes THIS SESSION! Three-character country codes at the top-level in future rounds e.g. domainname.CCC Two-letter country codes at the second-level in current round e.g. CC.newgTLD • Implementation issue • Ongoing process development since 2014 (notifications, mitigation etc.) VS • Tomorrow’s session • Policy Development Process (PDP) | 2 Background on two-character country codes as SLDs Specification 5 of the Registry Agreement (RA) initially reserves 2character country codes as SLDs. But ROs can propose release to relevant governments or to ICANN, which can approve, "based on implementation of measures to avoid confusion with the corresponding country-code.” ICANN process to release two-letter codes as SLDs: 1. Government comments: Countries comments within 60 days online form. Only comments on user confusion were accepted. 2. Registries propose a plan to mitigate concerns of confusion with corresponding country codes. 3. ICANN will draft criteria for approval of mitigation plans. 4. Considering community feedback, final criteria for approval to be produced. | 3 Measures to address ccTLD confusion with country codes Mitigation measures proposed by registry operators (ROs): ROs for brand TLDs wrote that RA’s Specification 13 prevents confusion with ccTLD. Most registries of TLDs with restricted registration policies also thought their restricted registration policies addressed confusion. Many ROs of open TLDs commit to investigate and address reports of misuse. Phased allocation programs: for 30 days, ccTLD manager could register objected country codes: used under “old” new gTLDs. Prohibiting resale: a few ROs would prohibit resale of lower level domain names under objected country codes. | 4 Possible GAC advice on two-character codes mitigation 1/2 Goal: contribute to shape ICANN´s decision & preserve the distinctive character of two-letter codes as country identifiers in the DNS / prevent confusion: Measures Rationale 1. LIKE?: Investigate and address abuse 1. Based on Registry´s sole opinion. reports as a minimum. LIKE?: Standard criteria? Clearly state it 2. LIKE: Brand TLDs –Specification 13 of RA. has no relationship with the relevant 3. LIKE?: restrictive registration policies government. Cat. 1 TLDs!! obviate the need for further measures. 2. Closed TLD for promoting the brand in different markets. 4. OTHER: Reservation under .army, .navy 3. Some of them are not checked ex ante. and .airforce unless in agreement with Uncertainty about enforcement. the government. 5. OTHER: More stringent mitigation 4. Inherently governmental functions. measures (allocation based on planned Visual confusion should be avoided. use, consultation with governments and 5. Effective. Voluntary measures. domain name reservation) should be encouraged on a voluntary basis. | 5 Possible GAC advice on two-character codes mitigation 2/2 Measures Rationale 1. LIKE: Phased allocation, except for brand 1. Effective. Used in the past. Country codes TLDs and TLDs with restricted registration are put off the market or used by policies?? governments. Question: obligation to use the domain name? 1. OTHER: Allow to register CC in liaison with GAC reps. 1. Governments may not reach agreement with the ccTLD to register 2. OTHER: 2-letter codes should not be the name. priced higher than ordinary second level domains for governments or 2. Avoid speculation and fair access to ccTLD Registries. all governments and ccTLDs. Question: Fees charged by Registrars 3. OTHER: Holders of trademarks, trade on 2-character names? names and service marks should be second in line to register names. 3. Trademark owners use the name for purposes not related to the country. 2. LIKE: Where the registrant is not the respective ccTLD Registry Operator, third- 2. To avoid confusion with ccTLDs. party domain name registration at lower levels shall not be allowed. | 6 GAC Agenda Item 3, part 2: Country names as second-level domains (SLDs) Background information about country names as SLDs Format: “Country.TLD.”, e.g.: “.Spain.New.” Specification 5 of the RA reserves country and territory names. But ROs can propose release to relevant governments or to ICANN, subject to “review by the GAC”. By May 2016, 12 sets of RSEP requests (40 new gTLDs) on the release of country and territory names. Not yet granted. In July 2015, GAC shared “database clarifying individual GAC Members’ requirements regarding notification of requests for release”. Only 9 countries and territories do not require notification. The GAC could discuss views on a possible future process for CTNs as SLDs, so as to help shape the process. o Avoid strenuous experience with 2-letter names. o Addressing Registries´ requests while taking into account sensitivity of country names. | 8 Previous GAC advice on Country and territory names Previous GAC advice on country and territory names as second-level focused on: Recognizing importance and sensitivity for governments Need for actual consent (ie lack of objection is not approval) Need for ICANN to consider process thoughtfully + involve GAC upstream => no specific process for GAC review of CTNs as SLDs yet | 9 GAC options - Country and territory names as SLDs GAC could try to help shape future process: Specify the kind of considerations (political, sovereignty-related, jurisdictional?) country and territory names in the DNS raise for many GAC members. Recall capacity limitations preventing many GAC members from effective participation in complex or lengthy process. Consider period Fairness Start of time needed for national consultations > 30 days? for countries that are not yet GAC members. to discuss what “review by the GAC” should entail. May help to differentiate categories of TLDs: e.g. Category 1; restricted TLDs; brand TLDs; geoTLDs; open TLDs, and languages in which TLDs are meaningful. Possible GAC advice to ICANN before ICANN decides on a process. | 10 Possible GAC advice ICANN to conduct an analysis of past experiences: o Issues countries have had. o Evolution of contractual clauses in RA. o Treatment of country names in ccTLD registration policies. ICANN to gather information on plans of large Registries, Registries running category 1 strings as TLDs… on future plans to register country names. Anything else? Rationale: - Some Registries reserved names or gave priority to governments to register them (.info…). - Info about the degree and types of use and misuse of country names should inform future process for release. - GAC could better shape its advice in view of proposed Registry plans for release. | 11 Thank you ! Do you want GAC to issue advice on these issues? What do you think about draft advice and new elements introduced in this presentation? 2-letter names: different types of TLDs > different measures?? | 12 Background – timeline Oct 2014 Jan 2015 Feb 2015 6 Oct 2015 5 Dec 2015 Launch of ICANN process to request release 2-char SLDs GAC advice Board resolution Refined ICANN process 6 Oct 15: new ICANN process Deadline for GAC to clarify comments requesting 2016 Iterative process to define criteria for registry mitigation plans (ICANN, registries, public comments) | 13
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