ICANN Policy Issue: Introduction of New Generic Top-Level Domains (gTLDs)
IP Justice supports the introduction of new gTLDs and is concerned about the chilling effect on freedom of expression raised by the current Governmental Advisory Committee (GAC) Recommendations and also the GNSO Policy Council’s Recommendations.
GAC Principles would limit new gTLDs to only those words that are not offensive, are not trademarked, and have no religious, sexual or political meaning.
Another major problem with the current GAC proposal is that it would give any group of countries a veto over any new gTLD string application. Under the proposed policy, if an institution such as the Catholic Church complained about an application for a domain name (such as .abortion), the application would not be granted.
In other words, ICANN’s proposed policy for new gTLDs could be a recipe for censorship and an invasion of national sovereignty, since the intolerances of other cultures will be imposed on all societies.
ICANN’s Non-Commercial Users Constituency (NCUC) submitted a constituency impact statement on the New TLD Committee’s Recommendations that expressed concerns about ICANN evaluating string applications for non-technical issues, like "morality".
NCUC also opposes the creation of a public opposition period that would allow competitors, critics, and others to prevent the registration of a new domain. NCUC also remains concerned about the role of ICANN staff and outside expert panels to adjudicate the rights of individuals to use language on the Internet.
In early June 2007, ICANN’s Non-Commercial Users Constituency (NCUC) proposed 5 amendments to the gnso’s draft recommendations to protect free expression and innovation in domain name policy at ICANN. NCUC’s proposals are intended to keep the Internet core neutral of national, regional, religious, moral, and cultural policy conflicts. ICANN should refrain from trying to set global public policy rules that mandate "sensitivities" and "morality" and focus on its technical mission of assigning names and numbers.
ICANN’s Governmental Advisory Committee (GAC) also developed new gtld policy recommendations.
The GNSO Policy Council sent the recommendations to the ICANN Board of Directors in the Fall of 2007. The ICANN Board voted at its meeting in February 2008 in New Delhi to accept the non-controversial recommendations while sending the controversial or un-implementable recommendations back to the GNSO for further work. The GNSO awaits the Board’s lists and instructions.
What You Can Do:
- Sign the Global Petition to Keep the Core Neutral
- Raise Awareness by Linking to Keep the Core Neutral Coalition Website
Key Documents in GTLD Policy Development Process: * GNSO New GTLD Committee Draft Final Report (8 August 2007): Part A: final policy recommendations and dissenting statements Part B: supporting documents and constituency statements
- NCUC Dissenting Statement on Rec. #6 ("morality" as evaluation criteria for domain name)
- NCUC Dissenting Statement on Rec. #20 (objection/rejection process for domains)
- Statement on final recommendations by Avri Doria, Nominating Committee Appointee to GNSO Policy Council
- Governmental Advisory Committee (GAC) Policy Recommendations (28 March 2007)
- ICANN’s New GTLD Evaluation Process (Feb. 2007)
- GNSO New GTLDs Issue Report to ICANN Board (28 July 2006)
IP Justice Statements and Media Releases on New GTLD Policy Development:
- "Proposal Would Create a Private Tyranny of Illegal Censorship and Illegitimate Authority at ICANN" (30 Aug. 2007)
- "Netizens Encouraged to Weigh-in on Free Expression Concerns at ICANN: Public Comments on Domain Name Policy at ICANN" (13 Aug. 2007)
- "Keep the Core Neutral" Global Petition Urges ICANN to Protect Free Expression and Innovation in Domain Name Policy (30 June 2007)
- "ICANN Proposes to Over-Regulate Domain Names: Free Expression Threatened by Policy to Ban Controversial Ideas in Domain Names" (1 June 2007)
- "ICANN Board Vote Signals Era of Censorship at ICANN" (2 April 2007)
- "Power-Grab: ICANN to Become Internet’s ‘Word-Police’, Top-Level Domain Policy to Bypass National Sovereignty and Free Expression" (27 Feb. 2007)
Non-Commercial Users Constituency (NCUC) Statements:
- NCUC Statement on "Confusingly Similar" Domain Names (20 Feb. 2008)
- NCUC Statement on New GTLDs Draft Final Report (25 July 2007)
- NCUC Statement on New GTLDs Draft Final Report (13 June 2007)
- NCUC Statement on New GTLDs Draft Final Report (14 March 2007)
- NCUC Statement on New GTLDs Draft Final Report (30 Dec. 2006)
- NCUC Statement on Introduction of New gTLDs (Jan. 2006)
- Sample Letter to ICANN Board on Proposed New gTLD Policy
NCUC Proposals to Amend New GTLD Policy Recommendations: ICANN’s Non-Commercial Users Constituency (NCUC) proposed amendments to the draft policy recommendations to try to protect free expression and innovation in domain name policy. The New GTLD Committee did not accept any of NCUC’s proposals. * NCUC Proposals of June 2007 * NCUC Proposals of Feb. 2007 Legal Briefing Papers on New GTLD Policy Development:
- Legal Briefing Paper from Law Professor Christine Haight Farley (June 2007)
- Legal Briefing Paper from Law Professor Jacqueline Lipton (June 2007)
- Legal Briefing Paper from Wolfgang Sakulin (June 2007)
- "What Zittrain Doesn’t Get" by Professor Milton Mueller
- “ICANN: Keep the Core Neutral, Stupid” by Professor Wendy Seltzer
- ICANN Board Member Susan Crawford’s Remarks on Vote to Prevent .xxx Domain Name Application
- “Please, Keep the Core Neutral” An Essay by Michael Palage and Avri Doria on Proposed New gTLD Policy
ICANN GNSO Council on New GTLD Policy Development:
- GNSO Policy Council page on new gTLDs policy development
- GNSO “GTLD-Council” Email Discussion List Archive on New gTLD Policy
- Summary of GNSO Council gTLDs Committee (Feb. 2003)
Below: GNSO Policy Council Meeting in Brazil 2006.