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[ga-full] Proposal on Famous Names and Civil Society TLDs (fwd)
---------- Forwarded message ----------
Date: Tue, 18 Apr 2000 18:45:43 +0200
From: Hans Klein <hans.klein@pubpolicy.gatech.edu>
To: NCDNHC <NCDNHC-Discuss@lyris.isoc.org>
Subject: Proposal on Famous Names and Civil Society TLDs
Dear NCDNHC,
Following Jamie's and my exchange on this list, CPSR and CPT worked
together to revise Jamie Love's proposal text. CPSR and CPT offer the
following proposal.
We hope that the NCDNHC could review this, perhaps revise it, and have
something ready for the Names Council meeting.
Hans Klein
Computer Professionals for Social Responsibility (CPSR)
===========================
"Non Commercial Domain Name Holders Constituency (NCDNHC)
Proposal on Famous Names and Civil Society TLDs"
version 2.0d
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 policy-making
over intellectual property is 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.
An example of this regulation includes the Anti Cybersquatting Act of the
United States, which has been ruled to include "in rem" jurisdiction for
all domain name disputes based on the location of the registrar. This type
of national mandate clearly supercedes regulation by a private corporation.
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 notes 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 * * *
=======================================================================
Hans K. Klein
Assistant Professor of Public Policy, Georgia Institute of Technology
Chair, Computer Professionals for Social Responsibility (CPSR)
Chateaubriand Fellow, Ecole des Mines, Paris
Contact information for calendar year 2000:
Centre de Sociologie de l'Innovation
Ecole des Mines
60, boulevard Saint-Michel
75272 Paris CEDEX 06
France
Work: (33) 01/40.51.94.34 (from USA: 011-33-1-4051-9434)
Fax : (33) 01/43.54.56.28 (from USA: 011-33-1-4354-5628)
Email: hans.klein@pubpolicy.gatech.edu
=======================================================================
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