[bc-gnso] prior BC position on geo names at second level

[Steve DelBianco <sdelbianco@xxxxxxxxxxxxx>]

During today's closed CSG meeting, we discussed whether to object to GAC's 
Advice against .amazon and .patagonia, and the potential for precedent in GAC 
obtaining new IP rights, particularly at the second level.

I researched prior BC statements on geo names. In Mar-2013 we advocated against 
strict second-level restrictions for single-registrant TLDs, as part of our 
Registry Agreement comments, building on comments we made in 2011. (link 
here<http://www.bizconst.org/Positions-Statements/BC%20Comment%20on%20final%202013%20RAA%20[FINAL].pdf>
 and excerpt below). :

Specification 5: Reserving Country and Territory Names at the Second Level

The BC continues believes that the proposed new gTLD Registry Agreement should 
include an exception or a centralized mechanism for single-registrant TLDs to 
request release of reserved country and territory names.

Specification 5 of the proposed registry Agreement continues to require default 
reservation of country and territory names, only to be released by express 
agreement of each applicable government:

The country and territory names contained in the following internationally 
recognized lists shall be initially reserved at the second level and at all 
other levels within the TLD at which the Registry Operator provides for 
registrations  …  provided, that the reservation of specific country and 
territory names may be released to the extent that Registry Operator reaches 
agreement with the applicable government(s), provided, further, that Registry 
Operator may also propose release of these reservations, subject to review by 
ICANN’s Governmental Advisory Committee and approval by ICANN.

In the BC’s May-2011 comments, we proposed that single-registrant TLDs be 
exempt from the requirement to obtain express authorization from governments 
for each country and territory name.

Single-registrant TLDs will reasonably want to create second level domains for 
their operatingunits or chapters in each country or region. (e.g., Canada.Canon 
or Haiti.RedCross).

Now that there are several hundred single-registrant TLDs in this new gTLD 
round, the BC reiterates our request for an exception that allows 
single-registrant TLDs to register domains for their markets and operations 
based in countries and territories. (e.g. Canada.canon; Haiti.redcross, etc.)

If not an exception for single-registrant TLDs, ICANN should propose a 
centralized mechanism where single- registrant TLDs can request authorization 
from all governments in a consolidated request.

--
Steve DelBianco
Executive Director
NetChoice
http://www.NetChoice.org and http://blog.netchoice.org
+1.202.420.7482