ICANN London Recap: What You Need to Know Now€¦ · Domain Program Update Continued Ms. Christine...

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ICANN London Recap:What You Need to Know Now

Brian J. Winterfeldt

Head of Internet Practice

Katten Muchin Rosenman LLP

Elisa Cooper

Senior Director, Product Marketing

MarkMonitor

July 16, 2014

ICANN London Recap: What You Need to Know Now

� Featured Speakers




Elisa Cooper

Senior Director, Product Marketing, Domain Management

MarkMonitor

Presentation Overview

� ICANN 50 London Meeting Highlights

� ICANN Accountability and IANA Stewardship

� New gTLD Update

� High-Level Government Meeting and GAC Communiqué

� Brand Registry Group Update

� Namespace Collisions

� Expert Working Group (Whois)

� Participating at ICANN

ICANN 50 London Highlights

� ICANN 50, held June 22nd – 26th in London• Largest ever with 3,100 attendees

� ICANN CEO, Fadi Chehade, discussed:• Importance of ICANN Accountability

• Globalization and hardening of ICANN Operations

• Whois and the Expert Working Group Recommendations

• ICANN’s participation in Internet Governance

ICANN Accountability

ICANN Accountability

� The need is a direct result of the USG’s announcement that they intend to relinquish the contract for the IANA functions

� In a first ever event, all leaders from the GNSO signed onto a joint statement• Called for the Board to support community creation of an

independent accountability mechanism that provides meaningful review and adequate redress for those harmed by ICANN action or inaction in contravention of an agreed upon compact with the community

IANA Stewardship and Coordination Group

Transition of IANA Functions

� The U.S. Commerce Department’s National Telecommunications and Information Administration (NTIA) announced intent to transition key Internet domain name functions to the global multi-stakeholder community

� NTIA is asking ICANN to convene global stakeholders to develop a proposal to transition the current role played by NTIA in the coordination of the Internet’s domain name system (DNS)

What Are the IANA Functions?

� The Internet Assigned Numbers Authority (IANA) functions is a set of interdependent technical functions that enable the continued efficient operation of the Internet

� The IANA functions include: • (1) The coordination of the assignment of technical Internet

protocol parameters

• (2) The processing of change requests to the authoritative root zone file of the DNS and root key signing key (KSK) management

• (3) The allocation of Internet numbering resources

• (4) Other services related to the management of the ARPA and INT top-level domains (TLDs)

Guiding Principles

NTIA has communicated to ICANN that the transition proposal must have broad community support and address the following four principles:

� Support and enhance the multi-stakeholder model

� Maintain the security, stability, and resiliency of the Internet DNS

� Meet the needs and expectations of the global customers and partners of the IANA services

� Maintain the openness of the Internet

IANA Coordination Group

� The Coordination Group is comprised of 27 individuals representing 13 communities• Includes direct and indirect stakeholders

• Participant names are listed at https://www.icann.org/resources/pages/coordination-group-2014-06-17-en

� The first face-to-face meeting will occur July 17 – 18

� A microsite located at https://www.icann.org/stewardshipwill serve as an information sharing platform

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New gTLD Program Overview

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New gTLD Distribution

Source: ntldstats.com

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New gTLD Growth

Source: ntldstats.com

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New Generic Top-Level Domain Program Update

� Mr. Akram Atallah, ICANN Global Domains Division (GDD) President, gave an overview of his division and its responsibilities, including policy implementation and IANA services, as well as domain name system security, stability and resiliency.

� GDD operational model features separate tracks for supporting contracted parties, Internet users and regional Internet registries, among others.

� New gTLD registries supported through the new GDD portal, its Customer Relationship Management platform, and live customer support (eventual 24/7 access is a goal).

� GDD is tasked with providing registry and registrar contracting, onboarding, agreement administration, and facilitating dispute resolution procedures.

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New Generic Top-Level Domain Program Update Continued

� Ms. Christine Willett, ICANN gTLD Operations President, gave an update on the new gTLD program, complete with an updated timeline.

• 13 new gTLD objections have not been resolved yet

• 151 contention sets remain unresolved and in the queue for auction

• Contracting, post-delegation testing and delegation may all extend into 2017 given much slower than expected responses to Contracting Information Requests.

� Mr. Atallah confirmed receipt of a recently submitted 26-page letter from the New TLD Applicants Group (NTAG) on “operational excellence,” which highlighted a myriad of deficiencies in GDD performance to date.

� Mr. Atallah and Ms. Willett confirmed upcoming improvements:

• Responses from the Customer Service Portal will begin to be signed by responsible staff members

• New software rollouts, such as the new ICANN.ORG website, will occur in alpha and beta phases to better include the community and address any problems early on.

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New gTLD Program Update Timeline

Source: ICANN June 2014

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New gTLD “Stories” Panel

� Panel convened to review changes to the domain name system as a result of the launch of new gTLDs, including business plans and challenges faced along the way.

� Panelists included new gTLD registry operators, who focused primarily on introducing the community to the rationale behind and envisaged use of their respective new gTLD applications.

� A community comment suggested that ICANN facilitate technical innovation from registries by funding the Registry Services Evaluation Process (RSEP), which has already cost registry operators, on average, upwards of $70,000 USD per request.

� Noteworthy advice included:

• “Make sure your TLDs are meaningful and memorable.”

• “Brands should have a long term strategic plan that involves engagement within ICANN.”

• “Nothing will come from nothing, meaning that the failure to invest in marketing will reap no registrations.”

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High-Level Government Meeting and GAC Communique

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Discussion of High Level Government Meeting

� On June 23, ICANN held its second High Level Government Meeting (HLGM), an initiative to increase governmental support and commitment in ICANN (first HLGM was held in 2012).

� Meeting chaired by Ed Vaizey, the UK minister responsible for Internet policy, and included 75 ministers and senior officials representing 77 governments.

� Program included the following sessions:

• Transition of NTIA stewardship of the IANA function to the global Internet community

• Discussion of Governmental Advisory Committee achievements and enhancing the role of governments in ICANN

• Review of NETmundial outcomes

• Report of ICANN’s High Level Panel on Global Internet Cooperation and Governance Mechanisms.

� Following each session, participants were permitted to respond to the group.

21

Governmental Advisory Committee (GAC) Communiqué

• The GAC agreed to proposals from the joint GAC-GNSO Consultation Group to enable greater cooperation and coordination between GAC and the Generic Names Supporting Organization (GNSO).

• The Communiqué discussed issues relating to specific new gTLD strings, for example:

• .AFRICA

• .SPA

• .WINE

• .VIN

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GAC Communiqué - Continued

� The GAC, in regard to its Safeguard Advice, advised:

– The Board to call on ICANN’s New gTLD Program Committee (NGPC) to provide the GAC with a comprehensive and satisfactory response to its concerns regarding:

– (1) the process for verification of WHOIS information;

– (2) the proactive verification of credentials for registrants of domain names in regulated and highly regulated industries;

– (3) the proactive security checks by registries;

– (4) the Public Interest Commitments Dispute Resolution Process (PICDRP), which is not defined as to length of procedure or outcome; and

– (5) discrimination in restricted TLDs

– The Board to provide its responses to GAC advice at least four weeks prior to ICANN meetings.

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• The GAC requested clarification from the NGPC on its implementation of GAC safeguards for all new gTLDs; for consumer protection, sensitive strings and regulated markets (Category 1); and for closed generic TLDs and restricted registration policies (Category 2). The issues relate to:

– WHOIS verification and accuracy checks;

– Security and stability checks, and related complaint mechanisms;

– Verification and validation of credentials in Category 1 strings, rather than mere representation of eligibility;

– The PICDRP;

– Transparency versus non-discrimination obligations and undue preference prohibitions that are part of Category 2 safeguards.

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• The GAC reiterated its Buenos Aires advice that new gTLD registry operators should be made aware of the importance of protecting children and their rights consistent with the UN Convention on the Rights of the Child.

� The GAC reiterated its view that its advice regarding protection for IGO names and acronyms at the top and second levels, as implementation of such protection is in the public interest given that IGOs, as created by governments under international law, are objectively different rights holders, and the GAC welcomed the NGPC’s assurance that interim protections remain in place pending any such process.

� The GAC requested that ICANN make further efforts to explain and clarify the linkages between the full range of WHOIS activity for the benefit of GAC and the community between now and the Los Angeles meeting

25

Brand Registry Group Update

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Brand Registry Group Meeting

• The Brand Registry Group (BRG) is creating a Registry Services Evaluation Process (RSEP) template for .Brands to apply to ICANN for approval to register country codes and names at the second level.

• This is currently prohibited by Specification 5 of the Registry Agreement but is of interest to many brand owner new gTLD applicants.

• The BRG hopes to share the draft with members shortly in, and use it with a test .Brand registry.

• ICANN staff who attended the meeting stated that if the first RSEP request is approved by the ICANN Board, then the hope is that the template could be used to facilitate a streamlined process for other .Brands to seek similar approval.

Namespace Collisions

Growing Security ConcernsNamespace Collisions

� Today, internal network resources are often named• printer.corp

• Network.home

• …

� Previously, if such resources were queried externally, “name does not exist” messages would be returned

� In the new landscape, such resources could point to live domain name registrations in the DNS

Name Collision Recommendations

� The TLDs .corp, .home and .mail should be permanently reserved

� “Controlled Interruption” zone (127.0.53.53) immediately upon delegation and extending for 90 days

• Non‐delegated: implement following delegation using wildcard

• Delegated/APD: implement using DNS Resource Records (RR) for SDL Block List strings

� ICANN to monitor and provide emergency response capability in cases, if “clear and present danger to human life”

Unintended Consequence of Collision Lists

� Trademarks appear across all Collision Lists

� Many registries are not making Collision domains available during Sunrise• Some, such as Donuts, are allowing allocation, but not delegation

� According to ICANN staff, there is no requirement for names coming off of the Collision list be subject to Sunrise

� Quickly becoming a major issue for brand owners

Expert Working Group on gTLD Directory Services

Expert Working Group on gTLD Directory Services

� ICANN Board directive to redefine purpose and provision of gTLD registration data

� Formed to assess data directory needs and recommend a revolutionary approach• Comprehensive issue review

• Examine stakeholder needs

• Develop recommendations and a draft blueprint for a gTLD directory system

� Needs assessment to determine• Data requirements

• Privacy requirements

• Access and accountability requirements

• Accuracy requirements

• Storage and performance requirements

• Usage requirements

What is the RDS?

� Details a proposed next-generation Registration Directory Service (RDS)• Strikes a balance between accuracy, access, and accountability

� Collects, validates and discloses gTLD data for permissible purposes only

� Leaves minimum data publicly available

� Safeguards the rest through a new paradigm: purpose-driven gated access

� Introduces new contracted parties to• Validate Contact Data• Accredit RDS Users

Partial and Full Access

Source: ICANN London Meeting, June 2014

Key Take-Aways from ICANN London

� ICANN under increased pressure due to:• New accountability mechanism and IANA transition

• Ongoing GAC Advice and requests

• Launching new gTLD Registries

• Greater participation in Internet Governance ecosystem

• Volunteer burnout

How to Become Involved

� Participate in Public Comment Forums• http://www.icann.org/en/publiccomment/

� Join an existing Stakeholder Group or Constituency• Business Constituency• Intellectual Property Constituency • Registry Stakeholder Group

� Keep informed• INTA and other constituency groups• MarkMonitor newsletters

� Spread the word• Non-US companies/trade associations• Major non-profits with trademark/anti-fraud interests

Q&A

� Featured Speakers




Elisa Cooper

Senior Director, Product Marketing, Domain Management

MarkMonitor

Thank You!

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ICANN London Recap: What You Need to Know Now€¦ · Domain Program Update Continued Ms. Christine...

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