DRAFT Opinion of the ICANN-GAC
New Generic Top Level Domains
I New Generic Top Level Domains (g TLD s)
1. General Principles
1.1 The successful establishment of new g
TLDs by ICANN
will be a significant and major step in introducing diversity and choice in the
DNS and to meet the requirements of the expansion of the global Internet.
1.2 A primary mission of ICANN is to maintain the stability of the
DNS, thereby justifying a progressive and measured approach to the creation of
TLDs. Creating a limited number of new g TLDs would be
consistent with this objective at this time. The new g TLDs should
enhance the diversity of the DNS, and benefit from published registration
policies. Such policies should
contribute to the transparency and coherence of the DNS, at the same time as
restricting the risk of speculation, confusion of the final users and
infringement of existing trademark rights.
Such policies should be ratified by ICANN after appropriate consultation
with the global Internet community.
GAC has previously stated in its Operating Principles that: “The Internet naming and addressing system is
a public resource that must be managed in the interests of the global Internet
community”. The GAC considers that
this means that new g
TLDs should be operated as shared access
Registries in the public interest, world-wide and that ICANN should be
particularly attentive to ensuring that adequate competition is introduced at
all possible levels in the DNS registration market.
1.4 One of ICANN’s main objectives in creating new g
TLDs is to offer
users, world-wide, alternative, independently managed, competitive choices in
the DNS that reflect the geographic and linguistic diversity of the global
Internet community. In its evaluation of these proposals, ICANN should give
careful consideration to the possible economic effects of the existing business
affiliations and operational assignments of the applicants for new g TLDs.
1.5 The GAC notes that competition policy applies to gTLD Registries. ICANN should ensure that the new gTLD’s policies provide adequate safeguards to protect the interests of users. Such safeguards may include consideration of structural separation of Registry and Registrar functions, not-for-profit or cost-recovery models, transparency in Registry pricing, or other mechanisms.
between ICANN and new g
3.1 The GAC considers that ICANN’s agreements
with the selected Registry sponsors and operators should include the following
a. requirements to maintain accurate and up-to-date registration data, including a publicly available WHOIS database;
b. conditions for the efficient and effective resolutions of disputes arising from domain name registrations in a manner consistent with ICANN’s UDRP process
open and transparent policies for
d. in the case of new gTLDs which have restricted registration policies, commitments to:
with and encourage participation of the relevant constituencies at the
international level in the establishment of the tld’s policies; -- provide
for representation of other entities worldwide representing elements of the
3.2 The GAC notes that where Registry sponsors
are international intergovernmental organisations, any agreement with such
bodies may require approval of their member governments
and public authorities.
4. Other Public policy considerations
3.1 The GAC reaffirms its position stated in
“Principles for the Delegation and Administration of Country Code Top Level
Domains” (as stated in the Cairo Communique), concerning the creation of new
4 4.42 The GAC strongly supports the work being
done by the IETF and other parties to promote multi -lingual
access to the domain name system. The
GAC encourages ICANN to advance this work to reach an agreed set of technical
standards among the different parties as quickly as possible consistent with
maintaining stability of the Internet.
Participation in this important work by new g tlds is
, to the extent of its powers, of multilingual DNS access tousing non-ASCII character sets or letters which relevant
In formulating its DNS policies, ICANN should take into account applicable law and international conventions (for example with respect to protection of personal data and intellectual property rights and relevant work currently underway in international intergovernmental organizations such as the ITU andWIPO.
discussed geographical, geopolitical, and ethnic concepts in relation to new gTLDs These discussions will continue in subsequent meetings of the GAC.
In particular, ICANN should take into
account that governments have
asked WIPO to consider and make recommendations on issues related to bad faith,
abusive, misleading or unfair use of personal names, International
Non-proprietary Names (INNs) for Pharmaceutical Substances, names of international
intergovernmental organizations, geographical indications, indications of
source or geographical terms, and tradenames.
6couldICANN made aware
4.5 Taking into account the
work being done by
Internet and telephony technical communities, the GAC concurs with the ICANN
evaluation team recommendation that none of the four proposals in the telephony
related group should be selected at this time.
* * * *
5.1 Recognising the need to act promptly to create new TLDs, the GAC
nevertheless stresses that before completing the work necessary to implement
the selected applications, it take
into account relevant additional advice from interested parties, including the