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View Full Version : Newly proposed gTLD contract allows IDN alias ???


puyang
30th April 2013, 12:12 PM
ICANN's newly proposed new gTLD contract allows Verisign to alias IDNs and bypass TM sunrise ???

Registry Operator may withhold from registration or allocate to Registry Operator names (including their IDN variants, where applicable) at All Levels in accordance with Section 2.6 of the Agreement. Such names may not be activated in the DNS, but may be released for registration to another person or entity at Registry Operator’s discretion.

:)

Unrest remains despite new new gTLD contract
http://domainincite.com/12823-unrest-remains-despite-new-new-gtld-contract

squirrel
30th April 2013, 12:49 PM
nice find puyang. This is an interesting post, I will have to read the new proposed contract in detail.

PS: There's a new comment period opening with the release of the latest proposed contract.

squirrel
30th April 2013, 01:44 PM
This is the new agreement http://newgtlds.icann.org/en/applicants/agb/base-agreement-specs-29apr13-en.pdf

Redline / Track changes version http://newgtlds.icann.org/en/applicants/agb/base-agreement-specs-redline-29apr13-en.pdf

Of interest (my underline)

Section 2.6

2.6 Reserved Names. Except to the extent that ICANN otherwise expressly authorizes in writing, Registry Operator shall comply with the requirements set forth in Specification 5 attached hereto (“Specification 5”). Registry Operator may at any time establish or modify policies concerning Registry Operator’s ability to reserve (i.e., withhold from registration or allocate to Registry Operator, but not register to third parties, delegate, use, activate in the DNS or otherwise make available) or block additional character strings within the TLD at its discretion. (squirrel : We should expect VRSN to publish a policy with respect to reserved names)Except as specified in Specification 5, if Registry Operator is the registrant for any domain names in the registry TLD, such registrations must be through an ICANN accredited registrar, and will be considered Transactions (as defined in Section 6.1) for purposes of calculating the Registry-level transaction fee to be paid to ICANN by Registry Operator pursuant to Section 6.1.

Section 2.8

2.8 Protection of Legal Rights of Third Parties. Registry Operator must specify, and comply with, the processes and procedures for launch of the TLD and initial registration-related and ongoing protection of the legal rights of third parties as set forth Specification 7 attached hereto (“Specification 7”). Registry Operator may, at its election, implement additional protections of the legal rights of third parties. Any changes or modifications to the process and procedures required by Specification 7 following the Effective Date must be approved in advance by ICANN in writing. Registry Operator must comply with all remedies imposed by ICANN pursuant to Section 2 of Specification 7, subject to Registry Operator’s right to challenge such remedies as set forth in the applicable procedure described therein. Registry Operator shall take reasonable steps to investigate and respond to any reports from law enforcement and governmental and quasi-governmental agencies of illegal conduct in connection with the use of the TLD. In responding to such reports, Registry Operator will not be required to take any action in contravention of applicable law.

Specification 5, opening words

SPECIFICATION 5 SCHEDULE OF RESERVED NAMES

Except to the extent that ICANN otherwise expressly authorizes in writing, and subject to the terms and conditions of this Specification, Registry Operator shall reserve the following labels from initial (i.e. other than renewal) registration within the TLD. If using self-allocation, the Registry Operator must show the registration in the RDDS. In the case of IDN names (as indicated below), IDN variants will be identified according to the registry operator IDN registration policy, where applicable.


Specification 5, subsection 3.3

3.3. Registry Operator may withhold from registration or allocate to Registry Operator names (including their IDN variants, where applicable) at All Levels in accordance with Section 2.6 of the Agreement. Such names may not be activated in the DNS (squirrel : the names will not resolve), but may be released for registration to another person or entity at Registry Operator’s discretion. Upon conclusion of Registry Operator’s designation as operator of the registry for the TLD, all such names that remain withheld from registration or allocated to Registry Operator shall be transferred as specified by ICANN. Upon ICANN’s request, Registry Operator shall provide a listing of all names withheld or allocated to Registry Operator pursuant to Section 2.6 of the Agreement. Registry Operator may self-allocate and renew such names without use of an ICANN accredited registrar, which will not be considered Transactions for purposes of Section 6.1 of the Agreement. (squirrel : Section 6.1 = Registry-Level Fees.)


Specification 5, subsection 4

4. Country and Territory Names. The country and territory names (including their IDN variants, where applicable) contained in the following internationally recognized lists shall be withheld from registration or allocated to Registry Operator at All Levels:

4.1. the short form (in English) of all country and territory names [...]

4.2. the United Nations Group of Experts on Geographical Names, Technical Reference Manual for the Standardization of Geographical Names, Part III Names of Countries of the World; and

(squirrel : "For the current Manual, an abridged form has been created to provide an updated version of country names in the official language(s) of the countries. The entry for each country includes: the name of the country as used in English, with the two-letter upper-case ISO code; the language(s) of the country with the two-letter lower-case ISO code; and the name of the country in its short form (common or colloquial name) and in its formal form (entire full name) in the official language(s) and writing systems of the country." see http://unstats.un.org/unsd/geoinfo/ungegn/docs/pubs/UNGEGN%20tech%20ref%20manual_m87_combined.pdf )


4.3. the list of United Nations member states in 6 official United Nations languages (squirrel : Arabic Chinese English French Russian Spanish ) prepared by the Working Group on Country Names of the United Nations Conference on the Standardization of Geographical Names;


Specification 6, section 1.4

SPECIFICATION 6 REGISTRY INTEROPERABILITY AND CONTINUITY SPECIFICATIONS
[...]

1.4. IDN. If the Registry Operator offers Internationalized Domain Names (“IDNs”), it shall comply with RFCs 5890, 5891 (squirrel : that's IDNA2008. goodbye symbol domains) , 5892, 5893 and their successors. Registry Operator shall comply with the ICANN IDN Guidelines at <http://www.icann.org/en/topics/idn/implementation-guidelines.htm>, as they may be amended, modified, or superseded from time to time. Registry Operator shall publish and keep updated its IDN Tables and IDN Registration Rules in the IANA Repository of IDN Practices as specified in the ICANN IDN Guidelines. DNS labels may only include hyphens in the third and fourth position if they represent valid IDNs (as specified above) in their ASCII encoding (e.g., “xn--ndk061n”).


Specification 7 Section 1

SPECIFICATION 7 MINIMUM REQUIREMENTS FOR RIGHTS PROTECTION MECHANISMS

1. Rights Protection Mechanisms. Registry Operator shall implement and adhere to the rights protection mechanisms (“RPMs”) specified in this Specification. In addition to such RPMs, Registry Operator may develop and implement additional RPMs that discourage or prevent registration of domain names that violate or abuse another party’s legal rights. Registry Operator will include all ICANN mandated and independently developed RPMs in the registry-registrar agreement (squirrel : again, we should expect VRSN to publish something at one point) entered into by ICANN-accredited registrars authorized to register names in the TLD. Registry Operator shall implement in accordance with requirements set forth therein each of the mandatory RPMs set forth in the Trademark Clearinghouse as of the date hereof, as posted at [url to be inserted] (the “Trademark Clearinghouse Requirements”), which may be revised in immaterial respects by ICANN from time to time. Registry Operator shall not mandate that any owner of applicable intellectual property rights use any other trademark information aggregation, notification, or validation service in addition to or instead of the ICANN-designated Trademark Clearinghouse. If there is a conflict between the terms and conditions of this Agreement and the Trademark Clearinghouse Requirements, the terms and conditions of this Agreement shall control.

Rubber Duck
30th April 2013, 04:56 PM
Well it seems ICANN has proposes allowing Verisin the scope to do the right thing but stops short of including contractual protection for registrants of IDN.com, which of course is unacceptable.

However, we are presented with a fresh opportunity to comment.

Of course Drewbert and I have been ignored before and without some input from the rest of the community will probably continue to be ignored.

domainguru
1st May 2013, 07:55 AM
Well it seems ICANN has proposes allowing Verisin the scope to do the right thing but stops short of including contractual protection for registrants of IDN.com, which of course is unacceptable.

However, we are presented with a fresh opportunity to comment.

Of course Drewbert and I have been ignored before and without some input from the rest of the community will probably continue to be ignored.

Remember this is the general agreement that covers all new TLDs. Of course they aren't going to mention IDN.com specifically.

VeriSign are free to go the "negotiation path" and have their own personalized agreement. But this can only happen once the general agreement is in place.

2015 anyone?

puyang
1st May 2013, 11:38 PM
Verisign blasts ICANN over proposed registry agreement
http://domainnamewire.com/2013/05/01/verisign-blasts-icann-over-proposed-registry-agreement/

Rubber Duck
2nd May 2013, 07:51 AM
Unfortunately, the much vaunted bottom up policy really does not take much account of the interest of Registrants. The Bottom is basically the GNSO which is a open but not very open clan of Verisign, GoDaddy and Co. They formulate policy and expect ICANN to rubber stamp it. When it does not the dummy gets spit out.

About as democratic as the Democratic Republic of Korea.

puyang
8th May 2013, 08:41 AM
Donuts' Comments on Registry Agreement: The program has been delayed for far too long, and at great harm to applicants and to the anticipated benefits the program will bring, as well as to the program itself. As such, we support adoption of this new agreement and look forward to signing it forthwith.

http://forum.icann.org/lists/comments-base-agreement-29apr13/msg00003.html

I'm more interested in TMCH doc to be published for comment....in terms of IDN alias...

squirrel
8th May 2013, 12:43 PM
I'm more interested in TMCH doc to be published for comment....in terms of IDN alias...

Why ?

puyang
9th May 2013, 07:16 AM
Why ?

Not sure about IDN alias vs. TM protection...

squirrel
3rd July 2013, 01:32 PM
Latest and supposedly final version of the standard registry agreement has been published.
http://www.idnforums.com/forums/33842-last-contractual-hurdle-cleared-in-the-introduction-of-new-domain-names.html
http://newgtlds.icann.org/en/applicants/agb/agreement-approved-02jul13-en.pdf

All parts of the agreement quoted in this thread remain unchanged.