A year at ICANN: The users' perspective. Gareth Dickson, Fordham IP Conference 2015

A year at ICANN is worth two everywhere else

A year at ICANN: the users perspective

Fordham IP Conference, 2015

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2015 Cooley (UK) LLPDashwood, 69 Old Broad Street, London EC2M 1QS, UKThe content of this packet is an introduction to Cooley (UK) LLPs capabilities and is not intended, by itself, to provide legal advice or create an attorney-client relationship. Prior results do not guarantee future outcome.

To define users, use rs

Rest of us



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Registrants

Registries

Registrars

Previous ICANN discussions at Fordham

2013

New gTLD single registrant registries

New gTLD objection mechanisms

New gTLD GAC Advice

2014

Transition of IANA stewardship

New gTLD objection mechanisms

2013 RAA data retention specification



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This year, users need to know about



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That .sucks

RPM review URS vs. UDRP vs. alternatives

apps vs. name collision vs. iot - Do gTLDs matter in an IOT world?

GAC Safeguards - Categories I and II still being discussed

PICDRP - The importance of being earnest

Geonames and policy development bottom-up multi-stakeholder, from the top down?

Data Retention Waivers - Hitting their stride, but will 2016 change everything?

This year, users need to know about



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That .sucks

RPM review URS vs. UDRP vs. alternatives

apps vs. name collision vs. iot - Do gTLDs matter in an IOT world?

GAC Safeguards - Categories I and II still being discussed

PICDRP - The importance of being earnest

Geonames and policy development bottom-up multi-stakeholder, from the top down?

Data Retention Waivers - Hitting their stride, but will 2016 change everything?

Sunrise registrations and Sunrise premium registrations, i.e. strings registered or blocked in other TLDs sunrise periods: $2,499

Standard registrations: $249

Consumer Advocate Subsidy applies to Standard and Sunrise Premium domains, in which case it is $9.95:

The Registrant may not be a corporation or in any way affiliated with the corporation the domain is referencing

Domain name directs to a free, hosted, consumer forum courtesy of everything.sucks. For example, www.ProductA.sucks will resolve to a website with a discussion-forum on ProductA.

That



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IP Enforcement Directive

Vertical LeisureLtd vPoleplusLtd (2014) (IPEC) (cf BT v. One In A Million (1999), which is undoubtedly good law)

Universal Music v. Key-Systems GmbH (2014) (Regional Court of Saarbrcken; Higher Regional Court of Saarbrcken)

AFNIC / EuroDNS v. Francelot (2011) (Court of Appeal of Versailles); AFNIC / EuroDNS v. Air France (2012) (Court of Appeal of Paris)

Mechanisms for protecting rights review URS vs. UDRP vs. alternatives
URSUDRPLength of Complaint5005,000Length of Reply2,5005,000Speed5 days14 daysStandard of proofClear and convincingBalance of probabilitiesRemedySuspensionCancellation / transfer



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Number of URS complaints filed



# of URS filed4151841548415794160941640416714169941730417604179141821418524188341913419444197442005420364206442095100009132010232119192417401424171

GAC sub working group geonames proposal

Part of broader push for government-led regulation of terms with national, cultural, geographic and religious significance

Goes back to GAC Principles of 2007, not all of which made it into the Applicant Guidebook, due to negotiation and compromise on all sides



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GAC sub working group geonames proposal

Geonames proposal seeks veto rights which would never be available offline, penalising the digital economy

No nuance or appreciation of context in the proposal

No evidence that existing RPMs are insufficient to protect government interests

Practically speaking, current proposal simply too broad



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Data Retention Waivers

2013 RAA: Registrar shall collect [and] maintain [PII] for the duration of Registrar's sponsorship of the Registration and for a period of two additional years thereafter unless reasonably likely to violate applicable law

ICANNProcess for Handling Registrar Data Retention Waiver Requests: Registrars will be required to periodically reaffirm that the pertinent law has not materially changed and that the conflict still exists.

"Location European nation states" by Ssolbergj - File:Germany on the globe (Germany centered).svg. Licensed under CC BY-SA 3.0 via Wikimedia Commons - http://commons.wikimedia.org/wiki/File:Location_European_nation_states.svg#/media/File:Location_European_nation_states.svg



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Data Retention Waivers

cf Article 3 (draft) General Data Protection Regulation, which would extend application of Regulation to the processing of personal data:

in the context of the activities of an establishment of a controller or a processor in the Union, whether the processing takes place in the Union or not; and

of data subjects in the Union by a controlleror processornot established in the Union

"Location European nation states" by Ssolbergj - File:Germany on the globe (Germany centered).svg. Licensed under CC BY-SA 3.0 via Wikimedia Commons - http://commons.wikimedia.org/wiki/File:Location_European_nation_states.svg#/media/File:Location_European_nation_states.svg



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Gareth Dickson

Gareth is a litigator in Cooley's London office. He is a UK qualified solicitor and New York admitted attorney whose practice focuses on the resolution of technology, intellectual property and social media disputes at the High Court, Court of Appeal, UK Intellectual Property Office, OHIM, WIPO, Nominet and IPEC. Gareth was recently appointed by WIPO to the position of UDRP Panelist. He is also a member of the Law Societys IP Law Committee and acts as IP Liaison to the Civil Justice Committee.

Gareth has successfully defended multiple Legal Rights Objections and Community Objections as part of ICANNs new gTLD program, including three Objections filed by the Independent Objector. He advises clients on top-level domain delegation as well as on issues of intermediary liability, jurisdiction and the digital resale and protection of software.

Select Speaking Engagements and Publications

Speaker, "Digital Resale - What Does the Future Now Hold?," IBC's 14th International Copyright Law Conference, London (Dec. 2014)

Author, "UK: Now is the time for review - The online domain expansion raises a number of issues for UK rights holders," World Trademark Review (Sept. 2014)

Speaker, "Practical steps for policing the Internet and latest news on gTLDs," Sweet & Maxwell Annual Trade Mark Conference, London (June 2014)

Author, "Trade Marks and the Internet," Westlaw UK Insight (April 2014)

Author, "Game over for Excessive TPM?: The Nintendo Ruling," The IT Law Community, (Feb. 2014)

Author, "Social media and intellectual property in Europe," E-Commerce Law & Policy (Feb. 2013)

Associate, London

Cooley (UK) LLP

Dashwood

69 Old Broad Street

London EC2M 1QS

Phone: +44 (0) 20 7556 4470Mobile: +44 (0) 79 2048 9719Email: [email protected]



A year at ICANN: The users' perspective. Gareth Dickson, Fordham IP Conference 2015

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