<nettime> Proposed Resolution for NCDNHC on ICANN policy WRT new TLDS and FNs

[t byfield <tbyfield@panix.com>]

"Non Commercial Domain Name Holders Constituency (NCDNHC)  Proposal on
 Famous Names and Civil Society TLDs"
     version 2.0c
          author: Hans Klein, hans.klein@pubpolicy.gatech.edu
               April 18, 2000

[Original was:
"Proposed Resolution for NCDNHC on ICANN policy with respect to new Top
 Level Domains and famous names"
     version 1.0a
          author: James Love, love@cptech.org
               March 27, 2000]


* * * Begin Proposal  * * *

Non Commercial Domain Name Holders Constituency (NCDNHC)
Proposal on Famous Names and Civil Society TLDs

I. Substantive Proposals (2)
============================
The NCDNHC proposes:

1. ICANN should not introduce restrictions on the registration of new top
level domains (TLDs) based on their connection with famous names,

2. ICANN should accept petitions by new registries for civil society TLDs.

These two proposals derive from the following principles.

II. ICANN Lacks Authority to Regulate Property Rights
=====================================================
Proposal 1 (above) derives not from any ideas about what constitutes
intellectual property, but rather from the principle that decisions over
intellectual property are public policy decisions inappropriate for ICANN.
ICANN is an institution for technical coordination of the Internet, not
property rights policy-making.  With its Universal Dispute Resolution
Procedures (UDRP) ICANN has touched on substantive policy matters, with the
risk of inappropriately expanding its mission. Additional regulation of
property rights, such as famous name restrictions on domain names, risks
dragging ICANN into public policy-making in an area where it has neither
competence nor a mandate.

Property concerns should be addressed outside of ICANN.  Institutions with
relevant authority already exist for such matters: national governments
regulate property rights. ICANN has already created the UDRP to resolve
trademark disputes, and it should not expand its role in restricting the
use of trademarks in domain names.  The NCDNHC applauds the DNSO Working
Group B Report (17 April 2000) which reports the consensus view that:
"There does not appear to be the need for the creation of a universally
famous marks list at this point in time."

NCHDHC also supports the use of a company or product name in connection
with a TLD that is designed to facilitate organization of consumers or
workers or for criticism.  We call on the appropriate institutions -- legal
authorities with national jurisdiction over trademark disputes -- to permit
this use of names.

In summary, it is the position of the NCDNHC that
"1. ICANN should not introduce restrictions on the registration of new top
level domains (TLDs) based on their connection with famous names."


Principle 2:
Civil Society Merits Designated Name Spaces
===========================================
ICANN should accept proposals for new domains specifically oriented toward
civil society.

A "civil society TLD" model could include a chartered gTLD that
specifically hosts communications for certain kinds of non-commercial,
civil society institutions.  Its charter may specify criteria for use of
its domain name that relate to the character of the corresponding civil
society group

The ".edu" domain provides one model for this. In the case of ".edu" that
civil society association is accredited, degree-granting educational
institutions.

Civil society TLDs would complement existing domains that are increasingly
oriented towards government and business.  Country code TLDs are
increasingly associated with national governments, as evidenced by
proposals to explicitly place ccTLD administrators under the public policy
authority of national governments (see relevant GAC proposals.)  Existing
gTLDs are predominantly utilized by commercial entities (most notably
".com" but increasingly ".org" and ".net.")  Civil society TLDs would serve
the "third sector" of private, non-commercial institutions.

Different civil society TLDs could be created for such civil society groups
including (but not limited to):
     religious groups
labor groups
     libraries
     consumer groups
     environmental groups
     free speech groups
     professional associations
     philanthropic institutions

The specific character strings of the csTLDs are not addressed here.
Specific strings can be defined by the registries proposing a new csTLD, in
consultation with the relevant civil society groups.

Civil society groups would be free to continue using domains in other TLDs,
as they do now.


* * *   End of Proposal  * * *

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