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Comments from Copyright Industry Groups on GAC Advice

  • To: comments-gac-safeguard-advice-23apr13@xxxxxxxxx
  • Subject: Comments from Copyright Industry Groups on GAC Advice
  • From: Tim Kuik <tim.kuik@xxxxxxxxxxxxxx>
  • Date: Tue, 21 May 2013 15:35:47 +0200

Dear Sir/Madam,

BREIN is the non-profit private enforcement organization in the Netherlands
acting against copyright and neighbouring rights infringements on a
commercial scale, representing authors, performing artists, publishers,
producers and distributors as well as retailers of music, audiovisual
works, books and games. BREIN represents 8 branch organizations and 17
collective management organizations, together representing more than a
thousand companies and many tens of thousands authors and performing

BREIN joins with a broad spectrum of creative sector organizations,
including the Coalition for Online Accountability (COA), in urging ICANN to
accept key elements of the New gTLD Safeguard Advice from ICANN’s
Governmental Accountability Committee (GAC).

I.  *ICANN Should Welcome Detailed Advice from the Governmental Advisory
Committee (GAC) on New gTLDs*

   - Incorporating major elements of the GAC Advice into the new gTLD
   program will increase the likelihood that the program will achieve the
   stated goals of expanding competition and enhancing consumer choice.
   - ICANN should work with the GAC to clarify any ambiguities in the
   Advice, and with applicants and the community to integrate key elements of
   the Advice into the remaining stages of the new gTLD process.

II.  *We Commend GAC’s List of “Safeguards Applicable to all New gTLDs”
(pp. 7-8)*

   - These safeguards could significantly reduce the risk of abusive
   registrations in all gTLDs.  Knowing who registrants are; binding them
   to avoid abusive uses of the domain names they register; providing
   complaint channels to flag abuses, and imposing consequences when
   violations occur: these are common sense procedures that any responsible
   registry operator should be in a position to support and implement.
   - These safeguards are neither unprecedented nor unanticipated.  Similar
   features already appear in the revised Registrar Accreditation Agreement
   (e.g., some requirements to verify Whois data and to enforce terms of use
   against illegal activity by registrants that infringe the rights of
   others). Many new gTLD applicants have already anticipated some of these
   safeguards in their applications (e.g., providing complaint channels for
   third parties and reserving the right to suspend or delete registrations
   used for abusive purposes).  The COA endorsed similar safeguards a year
   ago and urged ICANN, GAC and all relevant new gTLD applicants to apply
   - Safeguards are especially vital for TLDs at higher risk of abuse that
   harms consumers or the rights of others.  This certainly includes
   applications targeted at sectors dependent on copyright protection, which
    have consistently experienced high levels of online infringement;
   meaningful steps to anticipate and manage these risks should be mandatory.
   Thus, even if not required for all new gTLDs, the GAC’s six basic
   safeguards should be mandated for those listed as ”sensitive strings”
   within the GAC Advice.  Among the additional safeguards for these listed
   TLDs (pp. 8-9), #4 is especially important for giving affected industries a
   seat at the table.

Yours sincerely,

Tim Kuik,
Managing Director BREIN

BREIN  - the art of protecting the creative.
T: +31 (0)23 799 7870
F: +31 (0)23 799 7720
W: www.brein.info

Address: Stichting BREIN, Siriusdreef 28, 2132 WT Hoofddorp, the
Correspondence: P.O. Box 133, 2130 AC Hoofddorp, the Netherlands.

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