RE: [gtld-council] NCUC proposals to amend gnso recommendations on new gtld policy

["Mike Rodenbaugh" <mxr@xxxxxxxxxxxxx>]

I disagree with the NCUC's suggested change to Reco #3.  There are ample
numbers of 2d and higher lever domains that can be used for freedom of
expression, with exponentially more to come.  NCUC seems to suggest that
some prospective TLD operator would want to run an entire TLD full of
gripe sites as to one trademark.  Such a business would not be protected
under the guise of 'freedom of expression' under any nation's law that I
am aware of.  

The current Reco is tied to a core ICANN value of protecting security
and stability.  If a TLD corresponding to a well-known trademark were
awarded to any entity other than the trademark owner, it is highly
likely that many users would be confused and placed at higher risk of
crime through activity at that TLD.  This is the same security and
stability concern that underlies the UDRP, as to 2d level and higher
domains.


Mike Rodenbaugh

Sr. Legal Director

Yahoo! Inc.

 

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-----Original Message-----
From: owner-gtld-council@xxxxxxxxxxxxxx
[mailto:owner-gtld-council@xxxxxxxxxxxxxx] On Behalf Of Robin Gross
Sent: Saturday, June 02, 2007 10:23 AM
To: gtld-council@xxxxxxxxxxxxxx
Subject: [gtld-council] NCUC proposals to amend gnso recommendations on
new gtld policy

NCUC has developed 5 new proposals to amend the draft gnso 
recommendations on new gtld policy.  

These proposals are meant to give some recognition to freedom of 
expression values in our recommendations.  The proposals also address 
concerns about ICANN becoming enmeshed in national policy debates and 
would keep the Internet core neutral of such conflicts. 

The 5 proposals are not meant to be accepted only as a package, but 
should be considered individually also.

NCUC proposals to amend draft GNSO recommendations:
  http://www.ipjustice.org/ICANN/062007.html

I welcome an opportunity to discuss the amendments at greater length and

will try to answer any questions you may have on them.

Thank you for considering them.

Best,
Robin