[lac-discuss-en] New gTLDs: Draft Applicant Guidebook: What You Told Us

At-Large Staff staff at atlarge.icann.org
Thu Feb 19 19:10:24 CST 2009


http://www.icann.org/en/announcements/announcement-3-18feb09-en.htm

Draft Applicant Guidebook: What You Told Us

18 February 2009

NOTE: The documents announced below are currently only available in English.
We understand that translations are being prepared and these will be
announced as soon as they are available.

At-Large Summit attendees: Copies of the new Applicant Guidebook and related
materials¹ redline versions will be available at the Mexico City meeting.

A second draft of an Applicant Guidebook that details the process of
applying for new generic top level domains was released today along with a
detailed analysis of comments received so far
-http://www.icann.org/en/topics/new-gtlds/agv1-analysis-public-comments-18fe
b09-en.pdf
[PDF, 588K]. 

A vital part of ICANN's decision-making process is the feedback that the
community provides. The first draft Applicant Guidebook saw hundreds of
comments submitted.

"The amount of feedback and its quality is really pleasing" said Dr Paul
Twomey, President and Chief Executive Officer. "We've listened carefully to
what was said and that has produced many changes in this version of the
Guidebook. It's also clear that further discussion on some key areas is
needed and we will start work on those immediately."

In recognition of the response, ICANN's staff has prepared a series of
analyses, totaling 155 pages, and divided up according to specific topics so
that that those making comments are able to see how their points were taken
into account. The responses have directly influenced changes to the
guidebook. In a further attempt to make the changes clear and accessible the
draft Guidebook is in "red-line" format.

The second draft of the Guidebook has been released simultaneously with the
analysis so that it is possible to see the direct relationship between the
comments and the changes made.

There have been a number of overarching issues raised in the comment process
that require further work and so remain unchanged in this draft. Those
issues are: 

Trademark protection
Security and stability
Malicious conduct 
Demand and economic analysis

"It is very important to take the time to resolve these overarching issues.
DNS stability, user protection, and trademark rights must not be undermined
by the introduction of new gTLDS. As a consequence it is unlikely that the
application round will open before December 2009" Dr Twomey said.

This is the first time this depth of analysis has occurred. Whilst ICANN
relies heavily on public comment (over 50 comment periods were held in 2008)
many have suggested that it is often difficult to understand how comments
have shaped outcomes. This analysis is an attempt to address that concern.

The ICANN model remains one of coordination, not control, and the resilience
of its decision-making has always stemmed from the process of bringing
together different viewpoints.

"We are looking forward to meeting with the intellectual property community,
the security community and all others that have an interest to work through
specific suggestions for addressing their concerns in the next 6-8 weeks" Dr
Twomey said. 

New gTLD Applicant Guidebook Version 2 (V2) Public Comment Forum (EN):
http://www.icann.org/en/topics/new-gtlds/comments-2-en.htm

---

Selected Changes to Each Module of the Guidebook

Module 1: Intro to Application Process

Timeline: Clarified that the objection filing period closes after
Independent Evaluation results are posted
Public comments: Included language on role of public comments in the
evaluation process 
Community-Based applications: Added clarification on community vs. open and
why these terms are used; added language on intent of community-based
category and under what circumstances community claims are evaluated
IDN: Updated sections on compatibility problems, IDN tables, and phonetic
representation item
Fees: Essentially eliminated comparative evaluation fee - it is now
structured as a deposit and returned if criteria are met; added credit for
qualified 2000 round applicants: added refund structure; reduced annual
registry fees and simplified fee structure
Module 2: Evaluation Procedures

String confusion: In order to better describe protections against user
confusion - added more language to distinguish when different similarity
checks are made (visual, aural, meaning); clarified relationship between
string confusion objections and contention between similar strings;
described improvements to the algorithm for testing visual similarity.
String requirements: Added more detail on prohibition of hexadecimal and
octal strings; updated ongoing revision process of IDNA protocol
Geographical names: Clarified that country and territory names in all
languages would be considered and augmented documentation requirements for
government approval
Attachment to Module 2 - Evaluation Questions & Criteria

Tech/ops: Supplemented "preventing abusive registrations" question by
calling for takedown procedures and measures to reduce opportunities for
phishing/pharming: updated RFC revisions and added RFCs for DNSSEC; proposed
changing scoring to encourage applicants to escrow thick data.
Financial: Reorganised questions to make scoring more clear.
Overall: Clearly marked questions where responses will be kept confidential,
or where responses are optional; revised scoring slightly
Module 3: Dispute Resolution Procedures

Legal status: Included language on objector rights and participation in
dispute resolution process; clarified that legal rights objections are for
registered and unregistered trademarks
Standing: Inserted standing section for morality & public order objection to
reflect current considerations; clarified that community objector must be
related to community in application
Procedures: published new set of revised, detailed procedures, added option
for more than one panelist at parties' option for legal rights objections
Standards: Inserted standards for morality and public order disputes
Other: Included a proposal for an Independent Objector role in limited
circumstances 
Module 4: String Contention Procedures

Contention resolution: Included auctions as mechanism of last resort
(including rules and procedures); described how a foundation would be
employed to distribute funds accruing from an auction; supplemented section
on how applicants may self-resolve contention
Comparative evaluation: revised scoring for more granularity and
specificity, added comparative evaluation steps for when more than one
applicant passes comparative evaluation (instead of auction)
Module 5: Transition to Delegation: Registry Agreement

Modified process for amending agreements
Modified registry fees section: lowering fees and simplifying structure
Reinstated transparency and equivalent treatment clauses
Included proposed registry-registrar model: lifting separation requirements
in a limited way 
Included requirement for advance notice on price changes
Added new language requiring community-based TLDs to comply with
self-imposed registration restrictions

-- 
Regards,

Nick Ashton-Hart, Heidi Ullrich, Matthias Langenegger, Gisella Gruber-White,
Marie-Helene Bouchoms
ICANN At-Large Staff
email: staff at atlarge.icann.org



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