Following the evaluation process established by ICANN's staff, dotLaw would have
been reviewed based on the August 15th Criteria. We have outlined the August
15th criteria and the relevant dotLaw information below:1. The need to maintain
the Internet's stability
DotLaw's proposal provided for a stable operation of
the proposed TLD. FAS-PwC and a new ICANN accredited registrar partner that meets
ICANN's service level requirements, have global technology teams experienced with
top-level domains, web service design, scaleable Internet infrastructure implementation
/ management and security integration in both trusted and non-trusted environments.
This practical knowledge (based on existing global infrastructures) would clearly
address any experience issue. In addition, the involvement of FAS-PwC will also assure
that dotLaw has the full financial backing and support necessary for a successful
and stable operator.
2. The extent to which selection of the proposal would lead
to an effective "proof of concept" concerning the introduction of top-level domains
in the future.
Our focus was on meeting the requirements of a new restricted,
sponsored domain. Our application addresses the significant issues facing a sponsoring
organization and must be viewed from a different perspective. DotLaw is proposing
much more than a mere registry for domain names. We are proposing creating
a domain to structure to serve the needs of the international legal community by
seeking and involving the legal community in the policy formulation process and domain
name structuring. The legal community is clearly responding favorably to our
plans. Therefore, the dotLaw domain will answer the question of future similar
professional domains.
3. The enhancement of competition for registration
services
The .law gTLD will increase competition amongst registries by providing
the legal profession with an alternative name space in which to create a web presence.
Law related entities will have the choice of remaining in the current unrestricted
name space offered primarily by .com or migrating to the restricted space under .law.
dotLaw
has described an aggressive marketing campaign which calls for $4 million to be spent
in targeted marketing in the first year, with marketing expenditures increasing over
time. We expect our marketing efforts to place .law in competition with
.com for all of the legal profession sites, including law firms, law associations,
law students, paralegals, attorneys, vendors, charitable legal organizations, and
legal publications.
dotLaw proposes various "thick" registry protocols where the
registry would be the repository for all of the registrant data. Through this
methodology, the registrar facilities are simplified, which enables broader competition
among registrars. We will negotiate arrangements with any appropriate ICANN
approved registrars world-wide.
4. The enhancement of the utility of the
DNS
DotLaw's application adds to the existing DNS hierarchy without creating or
adding confusion to the existing DNS hierarchy. The domain includes a defined
hierarchy of second, third and lower level domain names that improve access and navigability.
.law is semantically far from existing TLD's to avoid confusion.
As well as registering
domain names and related professional services, dotLaw plans to create a MetaDirectory.
The MetaDirectory for the domain. The MetaDirectory will be an interactive
index of legal resources that allows users to find aggregated resources based on
the user's declared preferences.
Because we are proposing a managed domain,
the DNS takes on added value, enabling entirely new domain to business ("D to B")
and domain to consumer ("D to C") types of interactions.
5. The extent to
which the proposal would meet previously unmet types of needs
The community to
be served by this new .law gTLD is the entire universe of people who access legal
services of any kind over the Internet. Currently this information is distributed
throughout multiple locations across several gTLD's. No possibility exists
for the formation of a true legal community in this format.
The migration
of practitioners and services to a single structured, cross-referenced domain such
as .law would go a long way to addressing this very real need. Attorneys and
the legal community comprise a large portion of the internet sites today. According
to Network Solutions-dotcom.com, attorneys were the second largest industry registering
web addresses in1998, in 1999 attorneys were the top business and in 2000 they are
projected to be second. Organizing this large, targeted, internet-savvy group
would create a great resource for the public to use.
The unique indexing function,
which can be developed and utilized within a single managed gTLD, obviates the need
to use a conventional search engine within the domain and assures that all the references
within the domain will be found and they will be relevant to the question.
In addition, throughout the public comment process, we learned that pro bono and
legal aid issues were very crucial to our constituents. The dotLaw objectives
have been further updated to emphasize the scope of support that will be offered
for charitable legal services. The dotLaw domain will help with a more equitable
distribution of legal services.
Finally, allowing practitioners and legal service
providers to have their names ie: joesmith.law will allow for a very intuitive
domain environment.
6. The extent to which the proposal would enhance the diversity
of the DNS and of registration services generally
DotLaw enhances the diversity
of the DNS and of registration services by operating through a Board of Directors
that gives representation to investors, large law firms, independent practitioners,
law schools and bar associations from around the world. dotLaw will market
to the international bar associations in order to encourage international membership.
This is truly a worldwide organization and dotLaw is dedicated to meeting the needs
and objectives of the international community.
DotLaw will seek to negotiate arrangements
with registrars from around the world in order to promote a truly international domain.
7.
The evaluation of delegation of policy-formulation functions for special-purpose
TLDs to appropriate organizations
The .law Domain Advisory Board will be instrumental
in the creation and evolution of all domain related policies. The Domain Advisory
Board will have representation from all the domains constituencies including
· American and other Country Bar Associations
· International Bar Association
· Local Bar Association
· large law firms
· small law firms
· solo
practitioners
· law schools
· charitable legal services
· legal publications
· ancillary legal support services
· general public
· dotLaw,Inc.
This approach will ensure the creation of legitimate, fair and respected policies.
8. Appropriate
protections of rights of others in connection with the operation of the TLD
DotLaw
has defined policies & procedures to protect the rights of others. Examples
are:
· Verifying that an individual is in fact a licensed attorney. This
will protect the rights of legitimate licensees of proper recognition.
· Disallowing
the resale of domains except through dotLaw to avoid cyber squatting and cyber hoarding.
This protects future applicants from artificial inflation of domains
· Reserving
certain domain names to allow for creation of the domain's legal index
· Provide
first right of refusal to all individuals, entities and third parties with prior
valid .com registrations to secure names on dotLaw.
· Provide free domain names
to community legal service organizations and educational institutions
· Have a
45 day public comment waiting period prior to activation of any domain name to permit
challenge of any application through the UDRP or court process.
In addition, policies
and procedures will be added at the recommendation of the users and the Bar Associations
on an ongoing basis to ensure rights of others are protected.
The dotLaw
Domain Advisory Board will have broad representation from the overall legal community
along with a voice from dotlaw,Inc. and the general public. Policies, procedures,
and domain functionality will be directed by this Board to assure that dotLaw continues
to reflect the needs of both the public and the international legal community.
dotLaw,Inc.
will manage the dotLaw domain to ensure that the direction and decisions made by
the dotLaw Domain Advisory Board are enacted in an expedient fashion.
9. The completeness
of the proposals submitted and the extent to which they demonstrate realistic business,
financial, technical, and operational plans and sound analysis of market needs
DotLaw's
original proposal, combined with re-submitted replacement documents for the proformas,
demonstrates strong business, financial, technical, and operational plans and sound
analysis of market needs. In addition to the realistic plans outlined in the original
proposal, the replacement documents outline the fact that FAS-PwC is involved with
dotLaw and will contribute their full financial backing and support.
10. Response
to IPC Comments
The Intellectual Property Constituency identified three areas
where dotLaw's application failed to provide sufficient detail to demonstrate sufficient
protection for Intellectual Property rights and sufficient safeguards to ensure that
the domain is, indeed, restricted to users in compliance with dotLaw's charter agreement.
To a certain extent, the IPC concerns apply with less force to a restricted domain.
Nevertheless, dotLaw is particularly sensitive to the legitimate intellectual property
rights of trademark and service mark holders. We are also committed to
ensuring that users of the domain are, in fact, qualified users. Indeed,
our ongoing business model is contingent on ensuring that only qualified users are
permitted to register domain in the .law space. To address these issues,
we have adopted the following policies:
A.) Pre-Activation Waiting Period
dotLaw
will establish a "pre-activation" or waiting period of 45 days prior to the activation
of any domain name registration. During this period, the proposed domain name
shall be subject to public comment before it may be activated. In the event
the proposed domain name is contested, the domain name shall not be activated, and
the proposed registrant shall be required to follow the procedures set forth in the
UDRP, or shall be required to seek appropriate judicial relief concerning its' right
to use the requested domain.
B.) Ensuring Ongoing Charter Registration
Compliance and Protection of Third Parties' Intellectual Property
As
a restricted domain, dotLaw intends to ensure that only qualified individuals and
businesses are permitted to register domain names. In addition to providing
sufficient information to permit dotLaw to associate the registered domain with the
appropriate computer, to handle user's accounts (e.g. at renewal dates) and to permit
other Internet users with the ability to contact registrants, prospective registrants
will be required to certify that they fit into one of the approved categories of
users. As set forth below, in certain instances, dotLaw will conduct
verification of the represented status of a prospective registrant at the time of
registration. In other instances, prospective applicants will certify that
they fit within the remaining categories.
· Domestic lawyers shall be required
to provide evidence that they are duly licensed in the jurisdiction in which they
practice. This evidence shall be verified prior to activation.
· International
lawyers shall be required to provide evidence that they are duly licensed in the
foreign jurisdiction in which they practice. Where practicable, dotLaw will
work with foreign jurisdictions to attempt to verify that the International registrant
is, in fact, licensed or approved to practice law in the foreign jurisdiction.
· Law
students shall be required to certify that they are part-time or full-time students
in good standing at their law schools or educational institutions and that they shall
not use the domain for any commercial purpose other than to exchange information..
Law students will be required to provide appropriate contact information in the event
that dotLaw seeks to verify status.
· Law schools, legal services organizations
and bar associations shall be required to demonstrate that they are engaged in the
pursuit of their stated activity. Although applications in this category shall
be treated as self-certifying, applicants will be required to provide sufficient
information to permit dotLaw to verify status.
· Businesses that provide or procure
legal goods or services shall be required to demonstrate that they are engaged in
the pursuit of their stated activity. This proof will be deemed self-certifying.
dotLaw
will have a Chief Compliance Officer. That individual will be charged
with: (a) verifying applicant information at the time of registration; and, (b) conducting
ongoing verification of charter compliance. Among other things, dotLaw shall
conduct ongoing random audits of registrants to verify that the contents of their
registration forms remain accurate and up-to-date and to ensure that individual users
are using their domains in a manner consistent with the dotLaw charter.
The Chief
Compliance Officer will also be charged with investigating charter violations (e.g.
the law student or the court reporter who uses his/her domain to sell pornography).
Those individuals or entities found to be in violation of charter registrations would
be afforded an opportunity to cure the violation. In the event, the individual
or entity fails to cure, dotLaw will revoke the domain.
In connection with these
procedures, dotLaw will provide links to ICANN, the UDRP, and the WHOIS policy.
C.)
WHOIS Service and Privacy Policy
Parties conducting a search of the WHOIS directory
shall be limited to ten searches per day in order to discourage abuse of registrant
information. In connection with a search, the searching party shall be entitled
only to the following information about any registrant:
· Name
· Mailing address
· E-mail
address
· Date of registration
· Date of activation
Unless instructed otherwise,
dotLaw may periodically provide registrant's information to other companies for inclusion
in value-added Internet databases and search services. Registrants will
be permitted to "opt-out" of any such services.
Registrants shall be required
to correct, update or correct their billing and contact information.
dotLaw shall maintain a website to facilitate that process.
dotLaw shall not disseminate
any additional information concerning registrants absent a court order or other lawful
subpoena. In the event that additional information, beyond that otherwise available
from WHOIS, is subpoenaed from dotLaw, registrants shall be notified of the existence
of the subpoena and shall be given 14 days in which to move to quash the subpoena
or seek other legal redress. The 14-day notification period shall not apply
in the event of a court order compelling non-disclosure.
Respectfully
submitted,
dotLaw, Inc.