Re: [gnso-iocrc-dt] preparation of tomorrow's call
- To: gnso-iocrc-dt@xxxxxxxxx
- Subject: Re: [gnso-iocrc-dt] preparation of tomorrow's call
- From: Avri Doria <avri@xxxxxxx>
- Date: Wed, 11 Jul 2012 13:10:58 -0400
On a first reading, I can support this way of moving forward. I have passed it
by the NCUC executive and while I only have preliminary indications, I do
beleive that my constituency could also support it. I am not sure what would
happen at the NCSG level at this point - I assume we would have some sort of
split view and in terms of g-council votes, we usually only come to those
indications in the NCSG member policy meetings we have before each g-council
On 10 Jul 2012, at 15:30, Thomas Rickert wrote:
> Dear all,
> in preparation of tomorrow's call I would like to summarize some thoughts on
> second level protections. For those who have been present at the early
> morning session in Prague - this is basically what I stated during the
> To start with, the question we are tasked to work on is the protection of the
> IOC/RCRC designations
> (i) at the second level;
> (ii) for identical strings.
> The GNSO has already carried out extensive work with respect to reserved
> names. As can be seen from the final report of the Reserved Names Working
> there was even a minority position mentioned in the report which expressly
> deals with IGOs and other parties criticizing the lack of protection for
> those entities. This shows that comparable scenarios have been discussed and
> considered, but that such protections have ultimately not been included in
> the recommendations.
> Thus, the question is whether existing GNSO policy needs to be reconsidered
> and potentially requires alteration. In my view, this would only be the case
> (i) the situation had changed since the original policy recommendations have
> been made or
> (ii) new threats have emerged that require the GNSO to reconsider its policy.
> ad (i)
> To my knowledge, the legal situation as regards the protection of the
> designations in question has not changed.
> ad (ii)
> The information provided by IOC/RCRC shows that the vast majority of cases
> where the rights of the organizations have allegedly been violated involve
> domain names that are not identical matches, but similar strings or strings
> where the designations in question are combined with additional characters.
> I understand that protections for similar strings have been requested by
> Debbie Hughes during the meeting in Prague and on occasion of one telephone
> conference. However, this is not covered by the remit of the discussion group
> (as the drafting team is now called).
> In my view, the information provided to the discussion group does not
> evidence special or new threats for the organizations for identical strings
> at the second level.
> On the contrary, the risk of identical designations being registered by third
> parties for legitimate or illegal use has existed and still exists for all
> rights holders. In order to address this threat scenario, there are mandatory
> Rights Protection Mechanisms and Dispute Resolution Mechanisms.
> The situation for the IOC/RCRC does not seem to differ from the threats other
> rights holders are exposed to. It may well be that the RPMs and the DRMs
> adequately address the threats.
> Hence, there are mechanisms in place that are designed to respond to exactly
> the threats in question.
> One might not find this result satisfactory, in particular since the use of
> the above mechanisms requires resources and money, but to respond to these
> concerns, other answers rather than a policy answer should be given.
> One answer might be to try to address the cost issue.
> Also, let's not forget that new gTLDs can deploy more RPMs than the mandatory
> RPMs. Many registries plan to do so. Many, if not all of them will deploy
> their own lists of reserved names.
> It may well be that new gTLD Registries are willing to add certain
> designations to their lists of reserved names on a voluntary basis.
> It may well be that new gTLD Registries have more RPMs that protect the
> designations in question even more comprehensively than the mandatory RPMs
> and DRMs.
> It may well be that (not all) new gTLDs are not an attractive target for
> wrongdoers. We do know that there is a relation between the attractiveness of
> a namespace and the risk of abuse.
> On the other hand:
> It may also be that we find that the RPMs and DRMs do not provide a
> sufficient level of protection.
> It may also be that IOC/RCRC are exposed to special threat scenarios.
> However, appropriate responses to that would require empirical data stemming
> from experiences made after the launch of new gTLDs.
> Thus, a policy response could be required for the second and subsequent
> rounds, but not for the initial round.
> As a consequence, I propose that the DT responds to the GNSO Council that
> - no special protection should be granted and no new policy shall be made for
> the first round;
> - this may change based on the experiences with the launch of the new gTLDs
> in the first round;
> - opportunities to lower costs should be considered for each organization
> separately when implementing RPMs and DRMs;
> - a recommendation could be made to new gTLD Registries to respond to request
> to voluntarily protect the designations in question.
> I am looking forward to talking to you tomorrow.
> Best regards,
> Thomas Rickert
> Thomas Rickert, Attorney at Law
> Managing Partner, Schollmeyer & Rickert Rechtsanwaltsgesellschaft mbH (i.e.
> law firm)
> Director Names & Numbers, eco Association of the German Internet Industry