ICANN ICANN Email List Archives

[gtldfinalreport-2007]


<<< Chronological Index >>>    <<< Thread Index >>>

ICANN should confine itself to technical and operational matters

  • To: gtldfinalreport-2007@xxxxxxxxx
  • Subject: ICANN should confine itself to technical and operational matters
  • From: Fabrizio Colaianni <f.colaianni@xxxxxxxxxx>
  • Date: Thu, 23 Aug 2007 11:15:03 -0700


Name: Fabrizio Colaianni Email: f.colaianni@xxxxxxxxxx Subject: ICANN should confine itself to technical and operational matters

Comments:
ICANN should not try to regulate morality and public order on the Internet.  
But the proposed policy for approving new gTLDs threatens to do just that. 
There is no global consensus on these cultural issues, and applying a 
one-size-fits-all policy to censor the global Internet cannot work. Also, 
trademark law doesn't match the way Internet domains are used, and the proposed 
policy would apply trademark law in ways that are completely unprecedented in 
any national law or international treaty.  This is completely inappropriate, 
and is likely to be illegal in many cases.
I oppose Recommendation #6 of the GNSO New GTLD Committee Final Report for the 
following reasons:
1)    It will completely undermine ICANNâs efforts to make the gTLD application 
process predictable, and instead make the evaluation process arbitrary, subjective 
and political;
2)   It will have the effect of suppressing free and diverse expression;
3)    It exposes ICANN to litigation risks;
4)    It takes ICANN too far away from its technical coordination mission and 
into areas of legislating morality and public order.
I also believe that the objective of Recommendation #6 is unclear:  at a minimum, I 
believe that the words ârelating to morality and public orderâ must be struck 
from the recommendation.

I cannot support the committeeâs proposal for ICANN to establish a broad objection and rejection process for domain names that 
empowers ICANN and its âexpertsâ to adjudicate the legal rights of domain name applicants (and objectors).  The proposal 
would also empower ICANN and its âexpertsâ to invent entirely new rights to domain names that do not exist in law. However 
âgood-intentionedâ, the proposal would inevitably set up a system that decides legal rights based on subjective beliefs of 
âexpert panelsâ and the amount of insider lobbying. The proposal would give âestablished institutionsâ veto power 
over applications for domain names to the detriment of innovators and start-ups. There is no limitation on the type of objections that 
can be raised to kill a domain name, no requirement that actual harm be shown to deny an application, and no recourse for the wrongful 
denial of legal rights by ICANN and its experts under this proposal.  An applicant must b!
e able to appeal decisions of ICANN and its experts to courts, who have more competence and authority to decide the 
applicantâs legal rights.  Legal due process requires maintaining a right to appeal these decisions to real courts. The 
proposal operates under false assumptions of âcommunitiesâ that can be defined, and that parties can be rightfully 
appointed representatives of âthe communityâ by ICANN.  The proposal gives preference to âestablished 
institutionsâ for domain names, and leaves applicantsâ without the backing of âestablished institutionsâ with 
little right to a top-level domain.  The proposal operates to the detriment of small-scale start-ups and innovators who are 
clever enough to come up with an idea for a domain first, but lack the insider-connections and financial resources necessary to 
convince an ICANN panel of their worthiness. It will be excessively expensive to apply for either a controversial or a popular 
domain name, so only well-!
financed âestablished institutionsâ will have both the standing an
d financial wherewithal to be awarded a top-level domain.  The proposal 
privileges who is awarded a top-level domain, and thus discourages diversity of 
thought and the free flow of information by making it more difficult to obtain 
information on controversial ideas or from innovative new-comers.

Why should all âcommunitiesâ agree before a domain name can be issued?  How to decide who 
speaks for a âcommunityâ?

Implementation Guideline H recommends a system to adjudicate legal rights that exists entirely outside of legitimate democratic law-making processes. The process sets up a system of unaccountable private law where âexpertsâ are free to pick and choose favored laws, such as trademark rights, and ignore disfavored laws, such as free expression guarantees.

The committeeâs recommendation for domain name objection and rejection processes are far too broad 
and unwieldy to be put into practice.  They would stifle freedom of expression, innovation, cultural 
diversity, and market competition.  Rather than follow existing law, the proposal would set up an 
illegitimate process that usurps jurisdiction to adjudicate peoplesâ legal rights (and create new 
rights) in a process designed to favor incumbents.  The adoption of this âfree-for-allâ 
objection and rejection process will further call into question ICANNâs legitimacy to govern and 
its ability to serve the global public interest that respects the rights of all citizens.

These problems are too important to let the proposed policy be approved without 
fixing them. Please protect freedom of expression and innovation by removing 
non-technical and non-operational criteria from all ICANN policies.  Keep the 
Internet open and nondiscriminatory.  Keep the core neutral.
Fabrizio Colaianni
Italy - EU.




<<< Chronological Index >>>    <<< Thread Index >>>

Privacy Policy | Terms of Service | Cookies Policy