Comments of TLDDOT GmbH for .GMBH® on GAC Safeguard Advice

[".GmbH Top-Level Domain" <dk@xxxxxxxxxx>]

TLDDOT GmbH for .GMBH® Comments on New gTLD Board Committee Consideration of
GAC Safeguard Advice

We welcome the opportunity to submit this reply to some of the comments in
response to ICANN’s request for comments on Section IV.1.b and Annex I of
the GAC’s Beijing Communiqué which refers to the GAC Advice on safeguards
applicable to new generic top-level domain names (gTLDs).

Our reply refers to comments made to the “Additional Category 1 Safeguards“
where the GAC Advice notes that “some of the above strings” may require
further targeted safeguards to address specific risks and adds Safeguards
No. 6, No. 7, and No. 8 to the five Category 1 Safeguards introduced in the
first part oft he GAC Advice:


1. GAC Members and Member States must take Responsibility

For the many strings which concern only a few precisely defined national
legal frameworks, such as some corporate identifiers, the ICANN Board MUST
take responsibility to consult with the GAC in order to facilitate an
appropriate and responsible execution of the GAC Advice. 

Otherwise situations will emerge in which applicants

a) refuse the GAC Advice Safeguards after succeeding as winners of string
contention resolutions and
b) are located in  jurisdictions where a GAC member or member state has no
power to execute the GAC Advice.

This would potentially create .XXX like legal situations and by this harm to
ICANN.


2. gTLDs must echo existing Legislation

The same rules and legal frameworks that apply for the use of particular
strings targeting regulated sectors in the offline world MUST also apply in
the online and new gTLD world.

Attempts of applicants to classify Corporate Identifiers such as LLC, LTD or
GMBH or other regulated industry’s strings as generic or dictionary terms
without any protection with the sole goal to satisfy their investors’
interests and maximize profits are obvious attempts to avoid any commitments
to the public interest. The same applies for phony free speech or fairness
arguments. 

These attempts are also counterproductive to the strategic plan of ICANN to
improve the perception of the domain name industry, instead contribute to
damage the image of the DNS industry.


Berlin 01 June 2013

Dirk Krischenowski
Managing Director

TLDDOT GmbH (.GmbH Top-Level-Domain)
Akazienstraße 2
10823 Berlin
www.dotgmbh.de