RE: Opposition to Employ Media Request to Change sTLD Charter
July 15, 2010 Peter Dengate Thrush, Chairman Members of the Board of Directors International Corporation for Assigned Names and Numbers Internet Corporation for Assigned Names and Numbers 4676 Admiralty Way, Suite 330 Marina del Rey, CA 90292-6601 USA RE: Opposition to Employ Media Request to Change sTLD Charter Dear Chairman Dengate Thrush and Members of the Board: The Alliance for Continuing Medical Education (Alliance) is an international membership organization of more than 2,500 individuals devoted to designing and implementing certified continuing medical education (CME) activities for physicians. The Alliance provides professional development opportunities for individuals working in the CME profession, advocates for CME and the profession, and strives to improve health care outcomes. Officially launched in March 1975, the Alliance, representing every sector of the CME community, is the recognized leader and go-to resource regarding issues within the CME community. The CME Career Center began operating online in 2008, and has successfully grown into the premier job board for professionals in the CME field. I am writing on behalf of the Alliance's CME Career Center to urge you to reject Employ Media's request for authority to permit second level registration of strings that do not correspond to an employer's name in the .jobs sponsored top level domain. The Alliance's CME Career Center, which would be directly and adversely affected, opposes the unilateral expansion of the .jobs charter to encompass regional and industry-specific second-level registrations. Under the terms of ICANN's request for proposals for new sTLDs dated 15 December 2003 (the "sTLD RFP"), applicants - including Employ Media - were required to demonstrate that the proposed sTLD addresses the needs and interests of a clearly defined community (the Sponsored TLD Community). In addition, applicants were required to demonstrate that the policy-formulation procedures for the sTLD operate primarily in the interests of the Sponsored TLD Community, and that the proposed sTLD enjoys broad based support of the Sponsored TLD Community. In its application, Employ Media proposed to serve the needs of human resources professionals responsible for human resources management in the corporate setting, and pledged to maintain .jobs as "a name space for employers." The limited nature of the .jobs Sponsored Community is reflected by the applicant's commitment to limit registrations to the legal name of an employer and/or a name or abbreviation by which the employer is commonly known. According to the sTLD Application, "due to restrictions set forth in this proposal, a registration in the .jobs sTLD will be associated with an employer," and Employ Media committed to prohibit registration of occupational and industry, and geographic identifiers." The bottom line is that as proposed by Employ Media and approved by ICANN, the .jobs sTLD is intended to serve HR professionals and recruiting firms representing direct employers only, in each case by using the legal name of such employers as a registration at the second level. That community does not include online employment services providers like the Alliance's CME Career Center, nor did Employ Media demonstrate the support of online employment services providers in connection with the .jobs sTLD Application. Employ Media's current request for authority to permit the "registration, use, and promotions of domains that are not the company names of the registrant" would fundamentally alter the Sponsored Community for the .jobs sTLD and eliminate its pledge not to create second level registrations of regional and industry-specific job boards. Employ Media did not attempt to demonstrate the support of online employment services providers and their vendors, and in fact went out of its way to avoid contacting job board operators about the proposed expansion. This is not surprising, given that Employ Media intends to add second level registrations that will be confusingly similar to established job boards. As a material change to the .jobs Registry Agreement, this request must be reviewed by the ICANN Board based on applicable criteria from the sTLD RFP. Under those criteria, the request should be rejected as an attempt to "route around" the sponsorship eligibility requirements in the sTLD RFP and the protections built into the .jobs Registry Agreement to prevent "abusive registration activities and other activities that affect the legal rights of others." Approval of the .jobs Phased Allocation Program would threaten the integrity of the RSEP process and undermine the credibility of ICANN's commitments in connection with the introduction of new top level domains in general. Sincerely, Jessica Romano Manager, Program Development/Marketing Alliance for Continuing Medical Education ____________________  http://www.icann.org/en/tlds/new-stld-rfp/new-stld-application-parta-15dec03 .htm <http://www.mmsend2.com/ls.cfm?r=148769134&sid=10099808&m=1059179&u=Boxwood& s=http://www.icann.org/en/tlds/new-stld-rfp/new-stld-application-parta-15dec 03.htm> 2 sTLD Applicant responses to request for further information, at page 48 of 177 http://www.icann.org/en/tlds/stld-apps-19mar04/PostAppC.pdf <http://www.mmsend2.com/ls.cfm?r=148769134&sid=10099809&m=1059179&u=Boxwood& s=http://www.icann.org/en/tlds/stld-apps-19mar04/PostAppC.pdf> 3 Id. 4 Id. 5 http://www.icann.org/en/registries/rsep/jobs-proposal-09jun10-en.pdf <http://www.mmsend2.com/ls.cfm?r=148769134&sid=10099810&m=1059179&u=Boxwood& s=http://www.icann.org/en/registries/rsep/jobs-proposal-09jun10-en.pdf> (hereinafter, Employ Media RSEP Request") 6 Id. 7 .jobs Registry Agreement, Appendix S Part VII: Other Provisions (2. "Community Value Criteria"). ____________________ Jessica Romano Manager, Program Development/Marketing Alliance for Continuing Medical Education Southcrest Building, Suite 105 1025 Montgomery Highway Birmingham, AL 35216 Tel: (205) 453-0439 Fax: (205) 824-1357 <http://www.acme-assn.org/> www.acme-assn.org smalllogo An easier way to find a job. A better way to fill a position. Visit <http://careers.acme-assn.org/> http://careers.acme-assn.org!