comments on JIG initial report

[Chuck Warren <warren65@xxxxxxxxx>]

*Comments on the JIG Initial Report on Single Character IDN TLDs*

The JIG Initial Report on Single Character IDN TLDs offers an opportunity to
call on ICANN to reopen the consideration of allocation of single character
ASCII gTLDs.

Recommendation 6 in this document in particular references the work of the
Reserved Names Working Group Final Report that was incorporated into the
GNSO Final report on the introduction of new gTLDs.  Recommendation 6
proposed that single letters at the top level be reserved based on technical
questions raised.”If sufficient research at a later date demonstrates that
the technical issues and concerns are addressed, the topic of releasing
reservation status can be reconsidered.”

The JIG Initial report also notes, on page 3 that there are policy
considerations to be addressed in the implementation of single character IDN
TLDs, including possible confusion with reserved single character ASCII TLD
strings.  And goes on to ask if special financial considerations should be
considers, special allocation mechanisms, etc.

The questions raised in this report are similar to the questions raised, and
discussed in the RN-WG Final Report [May 07].  At that time, it was clear
that while there could be questions about the use of an ASCII character at
the top level, more work would be needed.  Much of the discussion at that
time was focused on the release mechanism for single letters and numbers at
the second level.

However, in the ensuing three years, much has evolved at ICANN, including
advancing the introduction of IDNs. With the consideration of the allocation
of single character IDNs as TLDs,  it is time for ICANN to recognize and
establish a mechanism for the discussion and consideration of allocation of
single letters as gTLDs.

Such considerations must develop in parallel to allow for consideration as
well of potential confusion which may ensue between ASCII and IDN single
character gTLDs.

To respond to some of the policy questions in the JIG Initial Report, there
should be a consistent consideration that also addresses the possible
release and allocation of single characters in ASCII as top-level domains.  And
in IDNs.

The argument that certain applications and databases may (still) be designed
to recognize domain names of TLD length of 2 and more characters is
worthwhile to examine further, and this technical examination can be
undertaken for both ASCII and IDN single character strings.

It may be necessary to adapt the proposed allocation mechanisms now proposed
which address conflicts or established rights in a string through trademark
rights or established use, but it is possible that the proposed mechanisms
now under discussion for the DAG can be adapted to address the allocation of
the small number of ACII single characters as gTLDs.

And in response to the question about the liklihood of mistyping a single
letter, that seems an unfounded argument.  It is unclear that merely typing
one character in fact leads to more errors than typing complex words or
combinations of words which is commonly done today at the second level, and
even words of more than 4 and 5 characters do make up some of the existing
gTLDs.

It is possible that such allocations , whether in ASCII or IDN, will often
result in conflicts between parties who have or demonstrate affinities with
a single letter – e.g. there may be more than one company who uses a
stylized letter as an emblem or trademark and who would apply for a single
letter gTLD.  Addressing the resolution of such conflicts should first deal
with identifying any IPR rights that are demonstrable in such a string,
which would be the case in a normal gTLD application, and then, if not
resolved, allocation mechanisms could move to a form of dispute resolution,
and then ultimately to an auction model.

Previous proposals have been submitted to ICANN that would address mechanism
to address surplus funds that were the results of any such allocations,
including contributing to capacity building and enhancing participation
mechanisms in ICANN’s various processes.

In any further consideration of single characters, ICANN must reopen the
discussion of allocation of single letters in ASCII, such as a, o, m, z,
etc.







-- 
Chuck Warren
Work:  (702) 496.7167
Work:  (801) 685.2767
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