[APAC-Discuss] [ALAC] [At-Large] [New gTLD RG] gTLD Review Group decisions regarding the comments on objection grounds on the ".book" application by Amazon EU s.a.r.l

Alan Greenberg alan.greenberg at mcgill.ca
Mon Oct 8 00:04:02 UTC 2012


At 07/10/2012 07:28 PM, Salanieta T. Tamanikaiwaimaro wrote:
>Dear Alan,
>
>My comments are in-line.
>
>On Mon, Oct 8, 2012 at 10:47 AM, Alan Greenberg 
><<mailto:alan.greenberg at mcgill.ca>alan.greenberg at mcgill.ca> wrote:
>Sala, two comments.
>
>1. You use the term "sponsoring organizations"
>(sometimes capitalized). The concept of a
>"Sponsored" TLD has a very specific meaning in
>ICANN, referring to some of the TLDs that were
>delegated in the last decade. I do not believe
>that the term is used in relation to the new gTLD program.
>
>
>Sala: "1.16 A Registered Name is "sponsored" by 
>the registrar that placed the record associated 
>with that registration into the registry. 
>Sponsorship of a registration may be changed at 
>the express direction of the Registered Name 
>Holder or, in the event a registrar loses 
>accreditation, in accordance with then-current 
>ICANN specifications and policies." from the RAA 
>Template via: 
><http://www.icann.org/en/resources/registrars/raa/raa-17may01-en.htm#1>http://www.icann.org/en/resources/registrars/raa/raa-17may01-en.htm#1 
>

Yes, the word is used in reference to a Registar 
who passes 2nd/3rd level registration to a 
Registry. But your context ("granting Sponsoring 
organisations exclusive rights over gTLDs") was to a Registry and a TLD.


>2. In your last bullet, you make reference to TLD
>which are not open to general registration of 2nd
>level domains. The Internet is full of such TLDs,
>including many ccTLDs with strong restrictions on
>who can register 2nd (or even 3rd) level names,
>and a slew of gTLDs with very restrictive
>registration policies.
>
>
>ICANN has generally accepted and advocates that 
>regulation of the ccTLD is not within its ambits 
>as this is administered under the various 
>countries where each ccTLD is subject to their 
>respective country's laws as far as regulation 
>is concerned. Countries differ in their 
>approaches. To some extent, there are jurists 
>who argue that the same can be said for the gTLD 
>market. On the other hand the material 
>distinction is on which occassions and which 
>instances ICANN has a say. It would appear that 
>ICANN does not have a say in ccTLD registration 
>policies compared to the gTLD policies where 
>ICANN does have a say. My comments in my last 
>email was restricted to what is within ICANN's 
>power to influence, that is their domain/jurisdiction.

Exactly. And ICANN has regularly allowed gTLDs 
with restrictive registration policies.

>I am not sure that the
>situation is so dissimilar in that although these
>TLDs do allow SOME registrations, they forbid
>many others. If you are specifically worried
>about such use of TLDs that are also generic words, that should be explicit.
>
>Alan
>
>I would be interested in seeing studies on the 
>impact of closed market registries and perceived impact.
>
>At 07/10/2012 06:26 PM, Salanieta T. Tamanikaiwaimaro wrote:
> >The fact that Google is generally considered to be an intermediary service
> >provider, they need to demonstrate that in not allowing second level .blog
> >names to end users is not contrary to global public interest. Policy
> >influences that largely impact on how Google operates.
> >
> >My main concern would be whether we have access to a Study on the Impact of
> >Closed Generic Term Registries and the Impact on global public interest,
> >ICANN's core mission etc. If such a study was done, grateful if the
> >community could point out to me a link so I can read.
> >
> >   - Closing off generic name spaces for exclusive use in the wake of
> >    extremely poor global campaigns and awareness where ICANN or the gTLD
> >    programme is involved;
> >   - Challenges for end users and consumers noting that there are consumer
> >    groups that have already started lobbying 
> US Senate on the perceived harm;
> >   - Controversies surrounding changing the rules during the game vrs GAC
> >    Intervention;
> >   - Regulatory trends within the US will have an impact on ICANN's policy
> >    decisions as far as anti trust, 
> competition is concerned, we have recently
> >    seen this when the The Honorable Philip S. Gutierrez, United States
> >    District Judge on 4 August 2012 *Manwin Licensing International
> >    S.A.R.L., et al. v. ICM Registry, LLC, et al.*had ruled that
> >   “anti-trust” claims could be filed over controversial .xxx [see:
> > 
> <http://pdfserver.amlaw.com/tal/icann.pdf>http://pdfserver.amlaw.com/tal/icann.pdf 
> ]. Not for profit organisations
> >    may be subject to the *Sherman Act*.
> >   - On one hand, we are saying we advocate an open and free internet but
> >    the mere granting Sponsoring organisations exclusive rights over gTLDs
> >    without ensuring that these organisations 
> open up registrations of second
> >    level domain to others becomes reminiscent 
> of Incumbent Telecom operators
> >    pre-liberalisation of markets and whilst it will generate substantial
> >    revenue for both these sponsoring organisations and ICANN, it will
> >    [eventually] force someone either within 
> the US [Senate or DoC] where this
> >    could mean that since ICANN is incapable of self-regulatory aspects to
> >    protect global public interest that it may
> > be regulated. This same argument
> >    can be used by those Governments who already feel that ICANN should be
> >    internationalized if not regulated;
> >
> >
> >On Mon, Oct 8, 2012 at 7:59 AM, Seth M Reiss 
> <<mailto:seth.reiss at lex-ip.com>seth.reiss at lex-ip.com> wrote:
> >
> > > Sala ­ How so?****
> > >
> > > ** **
> > >
> > > *From:* <mailto:newgtldrg-bounces at icann.org>newgtldrg-bounces at icann.org
> > [mailto:newgtldrg-bounces at icann.org] *On
> > > Behalf Of *Salanieta T. Tamanikaiwaimaro
> > > *Sent:* Friday, October 05, 2012 2:02 PM
> > > *To:* Olivier MJ Crepin-Leblond
> > > *Cc:* ALAC Working List; New gTLD Review Group; Susan Chalmers; apralo;
> > > At-Large Worldwide
> > > *Subject:* Re: [New gTLD RG] [ALAC] gTLD Review Group decisions regarding
> > > the comments on objection grounds on the ".book" application by Amazon EU
> > > s.a.r.l****
> > >
> > > ** **
> > >
> > > Dear Dev and All,****
> > >
> > > ** **
> > >
> > > The Association of American Publishers and Google entered into a
> > > settlement, see: 
> <http://www.publishers.org/press/85/>http://www.publishers.org/press/85/ 
> I thought that this
> > > would be of interest to the .book debate****
> > >
> > > ** **
> > >
> > > Kind Regards,****
> > >
> > > On Thu, Aug 9, 2012 at 8:12 AM, Olivier MJ 
> Crepin-Leblond <<mailto:ocl at gih.com>ocl at gih.com>
> > > wrote:****
> > >
> > > Dear Dev,
> > >
> > > thank you very much for your email explaining the course of action which
> > > you recommend.
> > > I am CC'ing the present email to the ALAC for its information.
> > > I also trust that Avri Doria, Chair of the At-Large New gTLD Working
> > > Group, will be picking up the ball from here. I look forward to her WG
> > > making recommendations as to the course of action they suggest.
> > >
> > > Best regards,
> > >
> > > Olivier MJ Crépin-Leblond
> > > ALAC Chair
> > >
> > > On 08/08/2012 19:51, Dev Anand Teelucksingh wrote:
> > > > Dear All,
> > > >
> > > > The gTLD Review Group (gTLD RG ; 
> <https://community.icann.org/x/u7-bAQ>https://community.icann.org/x/u7-bAQ)
> > > > received a comment on community objection grounds by InternetNZ, an
> > > > ALS in APRALO, on the application by Amazon EU S.A.R.L for the applied
> > > > for gTLD string "book" on July 26 2012.
> > > >
> > > > InternetNZ's comment was posted to the At-Large new gTLD Applications
> > > > Dashboard Workspace at
> > > > 
> <https://community.icann.org/display/newgtldrg/.book+_OG>https://community.icann.org/display/newgtldrg/.book+_OG
> > > >
> > > > Several comments from At-Large, including members of the gTLD RG were
> > > > received and posted on the wiki page at
> > > > 
> <https://community.icann.org/display/newgtldrg/.book+_OG>https://community.icann.org/display/newgtldrg/.book+_OG
> > > > including a condensed version of InternetNZ's comment by gTLD RG
> > > > members Eduardo Diaz and Yrjo Lansipuro.
> > > >
> > > > The comments by InternetNZ and others raises concerns regarding the
> > > > availability of 2nd level domains under generic TLDs. Whether domains
> > > > under such proposed generic TLDs should be available or "open" to the
> > > > wider public or "closed" to the applicants applying for the proposed
> > > > gTLD.
> > > >
> > > > Because such concepts are outside the scope of the application for
> > > > ".book" by Amazon EU s.a.r.l, the gTLD RG on its conference call on
> > > > Monday August 6 2012 
> (<https://community.icann.org/x/iAUeAg>https://community.icann.org/x/iAUeAg) 
> decided
> > > > not to submit a comment on this application to the ALAC for possible
> > > > submission to ICANN's new gTLD comment forum before the close of the
> > > > Application Comment Period.
> > > >
> > > > However, given the concepts raised regarding the availability of 2nd
> > > > level domains under gTLDs has policy implications that impacts
> > > > individual Internet end users, the gTLD RG recommends that the issues
> > > > raised be referred to the At-Large new gTLD Working Group
> > > > 
> (<https://community.icann.org/x/8Yoi>https://community.icann.org/x/8Yoi) 
> for discussion and possible
> > > > policy recommendations.
> > > >
> > > >
> > > > Kind Regards,
> > > >
> > > > Dev Anand Teelucksingh
> > > > Chair, gTLD Review Group
> > > >
> > >
> > > --
> > > Olivier MJ Crépin-Leblond, PhD
> > > <http://www.gih.com/ocl.html>http://www.gih.com/ocl.html
> > >
> > >
> > > _______________________________________________
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> > > <mailto:ALAC at atlarge-lists.icann.org>ALAC at atlarge-lists.icann.org
> > > https://atlarge-lists.icann.org/mailman/listinfo/alac
> > >
> > > At-Large Online: 
> <http://www.atlarge.icann.org>http://www.atlarge.icann.org
> > > ALAC Working Wiki:
> > >
> > 
> <https://community.icann.org/display/atlarge/At-Large+Advisory+Committee+(ALAC)>https://community.icann.org/display/atlarge/At-Large+Advisory+Committee+(ALAC)
> > > ****
> > >
> > >
> > >
> > > ****
> > >
> > > ** **
> > >
> > > -- ****
> > >
> > > Salanieta Tamanikaiwaimaro aka Sala****
> > >
> > > P.O. Box 17862****
> > >
> > > Suva****
> > >
> > > Fiji****
> > >
> > > ** **
> > >
> > > Twitter: @SalanietaT****
> > >
> > > Skype:Salanieta.Tamanikaiwaimaro****
> > >
> > > Fiji Cell: <tel:%2B679%20998%202851>+679 998 2851****
> > >
> > > ** **
> > >
> > >  ****
> > >
> > > ** **
> > >
> > > ** **
> > >
> >
> >
> >
> >--
> >Salanieta Tamanikaiwaimaro aka Sala
> >P.O. Box 17862
> >Suva
> >Fiji
> >
> >Twitter: @SalanietaT
> >Skype:Salanieta.Tamanikaiwaimaro
> >Fiji Cell: <tel:%2B679%20998%202851>+679 998 2851
> >_______________________________________________
> >At-Large mailing list
> ><mailto:At-Large at atlarge-lists.icann.org>At-Large at atlarge-lists.icann.org
> >https://atlarge-lists.icann.org/mailman/listinfo/at-large
> >
> >At-Large Official Site: <http://atlarge.icann.org>http://atlarge.icann.org
>
>
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>
>
>
>
>--
>Salanieta Tamanikaiwaimaro aka Sala
>P.O. Box 17862
>Suva
>Fiji
>
>Twitter: @SalanietaT
>Skype:Salanieta.Tamanikaiwaimaro
>Fiji Cell: +679 998 2851
>
>
>



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