[gtld-council] Re: [council] GAC principles related to new gTLDs

[Liz Williams <liz.williams@xxxxxxxxx>]

Colleagues

Copies of the GAC principles will be available in the GNSO work room  
at 15h00 in Aqua Marina.
Liz
.....................................................

Liz Williams
Senior Policy Counselor
ICANN - Brussels
+32 2 234 7874 tel
+32 2 234 7848 fax
+32 497 07 4243 mob




On 29 Mar 2007, at 13:46, Bruce Tonkin wrote:

> Hello All,
>
> The GAC Communiqué is available at:
> http://gac.icann.org/web/communiques/gac27com.pdf
>
> With respect to gTLDs, the main communiqué stated:
>
> "The GAC adopted Principles Regarding New gTLDs (Annex B) which are  
> intended to provide the ICANN Board and the wider global community  
> with a clear indication of the governmental priorities for the  
> introduction, delegation and operation of new gTLDs.   The  
> principles respond directly to several agreed provisions resulting  
> from the World Summit on the Information Society and will provide a  
> coherent framework for future interactions on these issues,  
> particularly in relation to the ongoing ICANN Policy Development  
> Process for new gTLDs.
> The GAC intends to develop its interactions with the GNSO in the  
> future regarding the implementation of both the WHOIS and New gTLD  
> principles."
> With respect to IDN, the main communiqué stated:
>
> "The GAC acknowledges with satisfaction ICANN's 7th March 2007  
> announcement of its successful conduct of laboratory tests of  
> Internationalized Domain Names.  The GAC has taken note of the  
> draft issue paper on selection of IDN ccTLDs associated with the  
> ISO 3166-1 two letter codes prepared within the joint ccNSO-GAC IDN  
> Working Group.
> In the spirit of the collaborative effort that was adopted in the  
> Sao Paulo meeting GAC has asked all its members to evaluate the  
> socio-political and cultural implications of the issues outlined in  
> the aforesaid paper in terms of the languages and characters that  
> may be used for IDN ccTLDs and respond directly to the ccNSO  
> Council.   The GAC has similarly taken note of the outcomes report  
> of the working group on IDNs constituted by the GNSO Council.
> The GAC recognizes that the IDN ccTLD standards development  
> processes can be slow and would encourage early action to develop  
> methodology to prepare these standards.
> The GAC and its members along with the ccNSO and GNSO Councils will  
> work towards the global deployment of IDNs which will expand the  
> spread of the Internet and enable a vast number of people to  
> exchange information in their local languages."
> Please see below for the GAC principles.
>
> Regards,
> Bruce Tonkin
>
>
> Annex B
>
> GAC PRINCIPLES REGARDING NEW gTLDs
>
> Presented by the Governmental Advisory Committee
> March 28, 2007
>
> 1.      Preamble
>
> 1.1 	The purpose of this document is to identify a set of general  
> public policy principles related to the introduction, delegation  
> and operation of new generic top level domains (gTLDs). They are  
> intended to inform the ICANN Board of the views of the GAC  
> regarding public policy issues concerning new gTLDs and to respond  
> to the provisions of the World Summit on the Information Society  
> (WSIS) process, in particular "the need for further development of,  
> and strengthened cooperation among, stakeholders for public  
> policies for generic top-level domains (gTLDs)"  and those related  
> to the management of Internet resources and enunciated in the  
> Geneva and Tunis phases of the WSIS.
> 1.2	These principles shall not prejudice the application of the  
> principle of national sovereignty. The GAC has previously adopted  
> the general principle that the Internet naming system is a public  
> resource in the sense that its functions must be administered in  
> the public or common interest.  The WSIS Declaration of December  
> 2003 also states that "policy authority for Internet-related public  
> policy issues is the sovereign right of States. They have rights  
> and responsibilities for international Internet-related public  
> policy issues."
> 1.3	A gTLD is a top level domain which is not based on the ISO 3166  
> two-letter country code list . For the purposes and scope of this  
> document, new gTLDs are defined as any gTLDs added to the Top Level  
> Domain name space after the date of the adoption of these  
> principles by the GAC.
> 1.4	In setting out the following principles, the GAC recalls  
> ICANN's stated core values as set out in its by-laws:
> a. Preserving and enhancing the operational stability, reliability,  
> security, and global interoperability of the Internet.
> b. Respecting the creativity, innovation, and flow of information  
> made possible by the Internet by limiting ICANN's activities to  
> those matters within ICANN's mission requiring or significantly  
> benefiting from global coordination.
> c. To the extent feasible and appropriate, delegating coordination  
> functions to or recognizing the policy role of other responsible  
> entities that reflect the interests of affected parties.
> d. Seeking and supporting broad, informed participation reflecting  
> the functional, geographic, and cultural diversity of the Internet  
> at all levels of policy development and decision-making.
> e. Where feasible and appropriate, depending on market mechanisms  
> to promote and sustain a competitive environment.
> f. Introducing and promoting competition in the registration of  
> domain names where practicable and beneficial in the public interest.
> g. Employing open and transparent policy development mechanisms  
> that (i) promote well-informed decisions based on expert advice,  
> and (ii) ensure that those entities most affected can assist in the  
> policy development process.
> h. Making decisions by applying documented policies neutrally and  
> objectively, with integrity and fairness.
> i. Acting with a speed that is responsive to the needs of the  
> Internet while, as part of the decision-making process, obtaining  
> informed input from those entities most affected.
> j. Remaining accountable to the Internet community through  
> mechanisms that enhance ICANN's effectiveness.
> k. While remaining rooted in the private sector, recognizing that  
> governments and public authorities are responsible for public  
> policy and duly taking into account governments' or public  
> authorities' recommendations.
>
>
> 2.      Public Policy Aspects related to new gTLDs
>
> 	When considering the introduction, delegation and operation of new  
> gTLDs, the following public policy principles need to be respected:
>
> Introduction of new gTLDs
>
> 2.1     New gTLDs should respect:
>
> a) The provisions of the Universal Declaration of Human Rights   
> which seek to affirm "fundamental human rights, in the dignity and  
> worth of the human person and in the equal rights of men and women".
> 	b) The sensitivities regarding terms with national, cultural,  
> geographic and religious significance.
> 2.2	ICANN should avoid country, territory or place names, and  
> country, territory or regional language or people descriptions,  
> unless in agreement with the relevant governments or public  
> authorities.
> 2.3	The process for introducing new gTLDs must make proper  
> allowance for prior third party rights, in particular trademark  
> rights as well as rights in the names and acronyms of inter- 
> governmental organizations (IGOs).
> 2.4	In the interests of consumer confidence and security, new gTLDs  
> should not be confusingly similar to existing TLDs. To avoid  
> confusion with country-code Top Level Domains no two letter gTLDs  
> should be introduced.
> Delegation of new gTLDs
>
> 2.5	The evaluation and selection procedure for new gTLD registries  
> should respect the principles of fairness, transparency and non- 
> discrimination. All applicants for a new gTLD registry should  
> therefore be evaluated against transparent and predictable  
> criteria, fully available to the applicants prior to the initiation  
> of the process. Normally, therefore, no subsequent additional  
> selection criteria should be used in the selection process.
> 2.6	It is important that the selection process for new gTLDs  
> ensures the security, reliability, global interoperability and  
> stability of the Domain Name System (DNS) and promotes competition,  
> consumer choice, geographical and service-provider diversity.
>         
> 2.7     Applicant registries for new gTLDs should pledge to:
>
> a) Adopt, before the new gTLD is introduced, appropriate procedures  
> for blocking, at no cost and upon demand of governments, public  
> authorities or IGOs, names with national or geographic significance  
> at the second level of any new gTLD.
> b) Ensure procedures to allow governments, public authorities or  
> IGOs to challenge abuses of names with national or geographic  
> significance at the second level of any new gTLD.
> 2.8 	Applicants should publicly document any support they claim to  
> enjoy from specific communities.
> 2.9	 Applicants should identify how they will limit the need for  
> defensive registrations and minimise cyber-squatting that can  
> result from bad-faith registrations and other abuses of the  
> registration system
>         
> Operation of new gTLDs
>
> 2.10		A new gTLD operator/registry should undertake to implement  
> practices that ensure an appropriate level of security and  
> stability both for the TLD itself and for the DNS as a whole,  
> including the development of best practices to ensure the accuracy,  
> integrity and validity of registry information.
> 2.11	ICANN and a new gTLD operator/registry should establish clear  
> continuity plans for maintaining the resolution of names in the DNS  
> in the event of registry failure. These plans should be established  
> in coordination with any contingency measures adopted for ICANN as  
> a whole.
> 2.12 	ICANN should continue to ensure that registrants and  
> registrars in new gTLDs have access to an independent appeals  
> process in relation to registry decisions related to pricing  
> changes, renewal procedures, service levels, or the unilateral and  
> significant change of contract conditions.
> 2.13 	ICANN should ensure that any material changes to the new gTLD  
> operations, policies or contract obligations be made in an open and  
> transparent manner allowing for adequate public comment.
> 2.14    The GAC WHOIS principles are relevant to new gTLDs.
>
>
> 3.      Implementation of these Public Policy Principles
>
> 3.1	The GAC recalls Article XI, section 2, no. 1 h) of the ICANN  
> Bylaws, which state that the ICANN Board shall notify the Chair of  
> the Governmental Advisory Committee in a timely manner of any  
> proposal raising public policy issues. Insofar, therefore, as these  
> principles provide guidance on GAC views on the implementation of  
> new gTLDs, they are not intended to substitute for the normal  
> requirement for the ICANN Board to notify the GAC of any proposals  
> for new gTLDs which raise public policy issues.
> 3.2	ICANN should consult the GAC, as appropriate, regarding any  
> questions pertaining to the interpretation of these principles.
> 3.3 	If individual GAC members or other governments express formal  
> concerns about any issues related to new gTLDs, the ICANN Board  
> should fully consider those concerns and clearly explain how it  
> will address them.
> 3.4	The evaluation procedures and criteria for introduction,  
> delegation and operation of new TLDs should be developed and  
> implemented with the participation of all stakeholders.
>         
> 	N.B. The public policy priorities for GAC members in relation to  
> the introduction of Internationalised Domain Name TLDs (IDN TLDs)  
> will be addressed separately by the GAC.