Legal Issues Of New GTLDs Applications And Registrations

Internet Corporation for Assigned Names and Numbers (ICANN) has recently approved allotment of new generic top level domain names (new gTLDs). With this brand and trademark owners can now register their brands and trademarks as the gTLDs.

However, this process would also witness many techno legal issues as well. Issues of cyber squatting and domain names violations, brands violations, trademark violations, ensuring security of new gTLDs, etc may arise. Further, many unforeseen challenges that cannot be anticipated and warned against may also arise in future.

If a person or organisation thinks that the filing of a gTLD application would be an easy task he/it would be greatly surprised. ICANN is in no mood of allowing “casual filing” and only the applicants “proving bonfide claims” would be granted the new gTLDs.

Firstly, the application form itself is very bulky that requires a techno legal analysis. Since the fees of US $ 1, 85,000 is a big one, no organisation or individual would like to go it waste. If the application for gTLDs is not properly filed after taking care of various technical and legal aspects, it may be rejected by ICANN. Further, an incomplete or weak application may also face “opposition proceedings” subsequently

In short, with an increase in new gTLDs registrations, issues like domain names protection, brands protection, trademarks protection, cybersquatting disputes resolution, cyber law compliances, cyber security requirements, cyber due diligence, etc would also arise. Brand owners and trademark owners must prepare their “strategy” in this regard well in advance.

The new gTLDs application process would start from 12 January 2012 to 12 April 2012. Brand owners and trademark owners need to ensure “due diligence” in this regard as soon as possible as that would give them additional time to ensure that their applications are accepted. ICANN is also planning a global outreach policy to raise awareness in this regard.

Perry4Law and Perry4Law Techno Legal Base (PTLB) believe that applying for and getting a new gTLDs requires well planned techno legal strategy. A company or individual desiring to apply for the same need to analyse all the possible strengths and weaknesses of his application well in advance. While the strengths must be further improved special work need to be done upon the weakness of such future application. Perry4Law and PTLB wish all the best to future gTLDs applicants.

ODR Services Providers In Asia

Online dispute resolution (ODR) is becoming a preferred mode of dispute resolution globally. However, Asian countries in general and India in particular have still not considered using ODR for dispute resolution.

Even otherwise there are very few ODR service providers in India. Further, when it comes to techno legal ODR services in Asia or India, there seems to be very few institutions dealing with the same.

At Perry4Law Techno Legal Base (PTLB) we provide techno legal ADR and ODR services. Our services include a wide variety of areas that practically covers all the techno legal ADR and ODR disputes

We believe in party autonomy and therefore are open to all national and international norms, regulations and rules. Whether it is the Uniform Domain-Name Dispute-Resolution Policy (UDRP) of Internet Corporation for Assigned Names and Numbers (ICANN) or any other rules or norms of similar international institutions like United Nations Commission on International Trade Law (UNCITRAL), World Intellectual Property Organisation (WIPO), we adopt and utilise the relevant norms as per the requirements of the case.

Although ODR in India is facing severe legal roadblocks yet at Perry4Law and PTLB we have been providing techno legal technology dispute resolution policies and strategies. We have suggested the technology dispute resolution policy of India and ODR policy of India in the hope that Indian government would consider utilising technology related projects like ODR and e-courts more often.

At the same time we also believe that without international harmonisation, ODR can never be a global reality. We also understand the importance of national and international cooperation and collaboration and are therefore open to all sorts of proposals from global ODR community.

ADR service providers of Asia must utilise concepts like ODR and e-courts as well. Like traditional ADR mechanisms, ODR and e-courts also provide effective dispute resolution. In fact, ODR and e-courts are better mechanisms to resolve disputes without any party moving from his place.

Sooner or later ODR and e-courts have to be established and used by all Asian countries. However, the sooner they are established and used the better it would be for the citizens of these countries.

ICANN's Global Outreach And International Cooperation

The day Internet Corporation for Assigned Names and Numbers (ICANN) approved allotment of new Generic Top Level Domain Names (GTLDs), it was clear that it has to face many known and unknown “Challenges”. Further, “Cyber Security Issues” must also be on the “Priority List” of ICANN.

However, of all challenges, the one pertaining to manage “International Coordination” is the toughest one. Although ICANN has taken many far reaching decisions yet their actual implementation requires both National and International Cooperation. If this Coordination is missing, most of the initiatives of ICANN would fail.

Realising this truth, ICANN has started efforts in this direction in various parts of the World. ICANN has named Thomas Spiller to the newly created position of Vice President, Europe. The appointment was announced today at the organization's 41st public meeting in Singapore.

In his new position, Spiller who is a French national will be responsible for driving ICANN's strategic objectives in Europe. He will also manage the Brussels office and will be the focal point for regional issues.

"I look forward to reinforcing ICANN's outreach to all stakeholders and strengthening the ongoing inclusive dialogue with Europe's Internet users, national governments, EU institutions and business," said Spiller.

Naturally, ICANN would also establish similar posts at other crucial regions of the World and Asia is one of them. ICANN is also looking to appoint a vice president of Asia who is likely to be based in Singapore and will take charge of Asian strategic objectives.

The choice of Singapore is natural, logical and the best one. We are still not ready for Online Dispute Resolution in India and Singapore has definitely better “Technological and Legal Infrastructure” than India.

This does not mean that ICANN can ignore India all together. ICANN must enter into Memorandum of Understandings (MOU), Consortiums, Partnerships and Collaborations with other Asian Countries as well.

GTLDs, Cyber Security, DNSSEC And ICANN

Domain name has become an indispensable part of business environment these days. This is the reason that the approval of new generic top level domain names (new gTLDs) by Internet Corporation for Assigned Names and Numbers (ICANN) assumes significance. Besides, approving the allotment of new gTLDs, ICANN has also been discussing other crucial issues as well.

With this ICANN would also face many anticipated as well as unforeseen challenges and cyber security challenges would be one of such challenges. A company, individual or country desiring to apply for a new gTLD must be aware of the cyber security challenges associated with it. This must be a part and parcel of the “gTLD due diligence” of the concerned applicant.

It is not the case that ICANN is not aware of these concerns. In fact, ICANN has been considering use of Domain Name System Security Extensions (DNSSEC) for securing domain name system (DNS). DNSSEC is a set of extensions to DNS which provide to DNS clients (resolvers) origin authentication of DNS data, authenticated denial of existence, and data integrity, but not availability or confidentiality.

Although people browsing the Internet often take it for granted that the sites they visit are created and operated by their purported owners, it is possible for criminals with knowledge of the Internet’s addressing system to create counterfeit websites that look like the real thing but capture users’ private information. DNSSEC guards against this cyber threat.

Now it has been reported that ICANN and internet exchange firm Packet Clearing House (PCH) have joined forces with Infocomm Development Authority of Singapore (IDA) and the National University of Singapore (NUS) to launch the first of three facilities designed to boost the adoption of DNSSEC among country code Top-Level Domains (ccTLDs).

The three new facilities, located in Singapore; Zurich, Switzerland (still under construction) and San Jose, California, provide cryptographic security using the recently deployed DNSSEC protocol. Internet users in each country that adopts the new service will be assured of the authenticity of the websites they visit and the email addresses they use, says the recently released ICANN’s announcement (PDF).

PCH’s DNSSEC facilities will allow many additional countries to immediately gain the benefits of DNSSEC protection for their country code TLDs without needing to build and maintain their own million-dollar security facilities. During a recently held “key-signing” ceremony, cryptographic master keys were created for Tanzania, Uganda, Afghanistan, and ten other countries that have already chosen to use the system.

“One of ICANN’s core missions is to enhance the security and stability of the Internet’s Domain Name System. This new DNSSEC facility in Singapore helps us do just that,” said Rod Beckstrom, President and Chief Executive Officer of ICANN. “The bottom line is that this center and the two others like it will give billions of Internet users the confidence to know that they have ended up at the web site they intended to reach, reducing the risk that they have been misdirected to a different site by cyber criminals”, he said.

PCH’s DNSSEC service is unique in several ways: it employs the same degree of physical, network, and procedural security as ICANN uses to sign the root of the domain name system, meeting all of the same rigorous standards; all components were selected for low power consumption and the system as a whole will be both carbon and energy-neutral upon completion; it is entirely free of cost for country-code top level domains; and its goal is as much knowledge-transfer and regional self-sufficiency as immediate implementation: all of its procedures and software follow best practices and are published open-source, using a Creative Commons license that ensures that all can benefit from them equally.

Perry4Law and Perry4Law Techno Legal Base (PTLB) welcome this initiative of ICANN and its partners. Further, we also believe that with an increase in new gTLDs registrations, issues like domain names protection, brands protection, trademarks protection, cybersquatting disputes resolution, cyber law compliances, cyber security requirements, cyber due diligence, etc would also arise. Brand owners and trademark owners must prepare their “strategy” in this regard well in advance.

ICANN Approval Of New GTLD Names And Unforeseen Challenges

Internet Corporation for Assigned Names and Numbers (ICANN) has been planning to expand the list of generic top level domain names (gTLDs) among several issues. The same was put as one of the items of the agenda to be voted and decided by ICANN at the second public meeting of the year on 20th June 2011 at Singapore. Finally, after a long gestation period, ICANN has approved the idea of allotting new gTLDs.

ICANN's Board of Directors has approved issuance of new gTLD. The Board vote was 13 approving, 1 opposed, and 2 abstaining. ICANN has opened the Internet's naming system to unleash the global human imagination. Today's decision respects the rights of groups to create new Top Level Domains in any language or script. We hope this allows the domain name system to better serve all of mankind," said Rod Beckstrom, President and Chief Executive Officer of ICANN.

New gTLDs will change the way people find information on the Internet and how businesses plan and structure their online presence. Internet address names will be able to end with almost any word in any language, offering organisations around the world the opportunity to market their brand, products, community or cause in new and innovative ways.

"Today's decision will usher in a new Internet age," said Peter Dengate Thrush, Chairman of ICANN's Board of Directors. "We have provided a platform for creativity and inspiration, and for the next big dot-thing."

The Applicant Guidebook, a rulebook explaining how to apply for a new gTLD, went through seven significant revisions to incorporate more than 1,000 comments from the public. Strong efforts were made to address the concerns of all interested parties, and to ensure that the security, stability and resiliency of the Internet are not compromised.

ICANN will soon begin a global campaign to tell the world about this dramatic change in Internet names and to raise awareness of the opportunities afforded by new gTLDs. Applications for new gTLDs will be accepted from 12 January 2012 to 12 April 2012. This would also result in an increased domain names disputes in future and it would also bring unforeseen challenges for ICANN.

Since domain name disputes are going to increase in near future, Perry4Law Techno Legal Base (PTLB), the premier techno legal segment of India’s exclusive techno legal ICT and IP Law Firm Perry4Law, has shared the Uniform Domain-Name Dispute-Resolution Policy (UDRP) of ICANN with all interested person and institutions.

The UDRP is a process established by ICANN for the resolution of disputes regarding the registration of Domain Names. The UDRP currently applies to all .biz, .com, .info, .name, .net, and .org top-level domains, and some country code top-level domains. It is supplemented by Rules for Uniform Domain Name Dispute Resolution Policy (Rules).

At Perry4Law and PTLB we believe that, in future, ICANN’s Applicant Guidebook needs to consider and adopt many more crucial issues like upgradation of UDRP procedure, better and expeditious Dispute Resolution Mechanism, enhanced Cyber Security Initiatives for Domain Name and DNS, better National and International Cooperations with Governments, NGOs and Dispute Resolution Providers, considering interests of Developing Countries and NGOs, etc.

These issues have been, by and large, already covered by the Applicant Guidebook to a greater extent. However, there is always scope for the improvement. If ICANN wishes, we can provide “more detailed analysis” in this regard.

However, irrespective of ICANN’s stand on our proposition, new challenges and unforeseen events would confront it and ICANN must be well prepared in advance in this regard.

Preliminary Issue Report On The Current State Of The UDRP

The World of Domain Name is fast changing. Whether it is the Policy decisions or the issues of securing Internet and Domain Names, lots of development is taking place these days. Internet Corporation for Assigned Names and Numbers (ICANN) has been taking many pro active steps in this regard. For instance, recently ICANN and INTERPOL have agreed to work in the direction of securing Internet.

ICANN has also widely contributed for the World of Domain Names. ICANN has formulated the Uniform Dispute Resolution Policy (UDRP) that has been in effect for over 10 years. It is widely recognised as one of ICANN’s defining accomplishments from its formative years. While not perfect, the UDRP has successfully offered parties a far less expensive alternative to costly litigation for resolving international disputes involving domain name cybersquatting. In the last decade, the Internet community has come to rely on the consistency, predictability, efficiency, and fairness generally associated with the present implementation of the UDRP.

The UDRP has not been reviewed by the GNSO Council since its inception. Now a Preliminary Issue Report on the Current State of the UDRP has been prepared at the request of the GNSO Council and it has been posted online for public comment. The Public Comment period ends on 15 July 2011. Upon the publication of the Final Issue Report, the GNSO Council will determine whether to commence a Policy Development Process (PDP) on the UDRP.

In response to the GNSO Council’s request, Staff conducted preliminary research on the UDRP to identify issues for inclusion in this Report. Due to the tremendous volume of cases and materials available regarding the UDRP (including, over 300,000 hits on Google alone), it became clear that there was no effective way to evaluate these materials. Instead, at the suggestion of the GNSO Council, Staff conducted a Webinar on the Current State of the UDRP (UDRP Webinar), to solicit feedback and information from UDRP experts and representatives from a broad cross-section of stakeholders.

While periodic assessment of policies can be beneficial to guard against unexpected results or inefficient process, the GNSO Council should consider the perspective of the ICANN community with regard to whether such review is necessary or warranted. Although properly within the scope of the GNSO’s mandate, Staff recommends that a PDP on the UDRP not be initiated at this time. However, if the GNSO Council nevertheless believes that the UDRP should be reviewed, Staff suggests an alternative approach for addressing this issue. After carefully evaluating the issues and concerns expressed by the ICANN community regarding the UDRP, Staff has concluded that many issues relate to process issues associated with the implementation of the UDRP, rather than the language of the policy itself. The GNSO Council should consider in lieu of commencing a PDP, convening a small group of experts to produce recommendations to improve the process or implementation of the UDRP policy as an initial step. If after consideration of such expert recommendations, there continues to be a desire to conduct a more thorough review of the UDRP, the GNSO Council could subsequently initiate a more focused PDP at that time.

This Report addresses the GNSO’s specific request for information on:

(1) How the UDRP has addressed the problem of cybersquatting to date, and any insufficiencies/inequalities associated with the process.

(2) Whether the definition of cybersquatting inherent within the existing UDRP language needs to be reviewed or updated.

This is an opportunity for the ICANN community to provide its views on the current state of the UDRP, and on whether a Policy Development process should be initiated to review the UDRP. This Report will be updated to reflect such feedback in the Final Issue Report to be presented to the GNSO Council after the closing of this public comment forum.

ICANN And INTERPOL Moots Internet Security

Internet Corporation for Assigned Names and Numbers (ICANN) and INTERPOL are well known names in international arena. Now both ICANN and INTERPOL have joined their forces to make Internet more safe and secure.

A landmark visit to INTERPOL's General Secretariat headquarters by top officials from the ICANN provided both international bodies with an opportunity to explore avenues for closer collaboration on Internet security.

With cyber-security, financial & high tech crime high on the agenda, talks between ICANN President and CEO Rod Beckstrom and INTERPOL Secretary General Ronald K. Noble focused on Internet security governance and enhancing common means for preventing and addressing Internet crime.

ICANN and INTERPOL officials have started exploring ways they can collaborate on enhancing Internet security. "The Internet has no borders, and neither do the criminals who exploit it. As the Internet's role in society continues to increase in scope and importance, it is vital for INTERPOL to help create bridges between the international law enforcement community it represents and ICANN in order to advance Internet security practices for the benefit to all," said INTERPOL Secretary General Ronald K. Noble

Noble then cited the points the global coordinator of domain and names and Internet protocol addresses and the international police organisation had in common. "Both organisations are international, both are politically neutral, and both are focused on the good of the world. Both also care about improving the security of the Internet for the future," he said.

ICANN representatives were similarly optimistic. "We recognise Interpol as an important international leader in this field...We are pleased by its expression of interest in joining the ICANN Governmental Advisory Committee as an observer," said ICANN President and CEO Rod Beckstrom.

Discussions at the meeting, the first of its kind between INTERPOL and ICANN, covered general issues of cyber security, and financial and high tech crime. Beckstrom and Noble particularly homed in on Internet security governance and the enhancement of common means for preventing and addressing Internet crime.

This is a good step in right direction and it would help in bringing some security in the otherwise insecure world of cyberspace.