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From pso-discuss-admin@pso.icann.org  Thu May 25 13:51:54 2000
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From: Louis Touton <touton@icann.org>
To: pso-discuss@pso.icann.org
Date: Thu, 25 May 2000 13:51:50 -0400
Subject: [Pso-discuss] Names Council Recommendations on new gTLDs
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To the Protocol Council:

Subject:  Names Council Recommendations on new gTLDs

On 18-19 April, the Names Council of ICANN's Domain Name Supporting 
Organization approved a statement recommending that the ICANN Board 
adopt a policy for "measured and responsible" introduction of new 
generic top-level domains.  (This is a very brief summary of the 
statement--please read the copy that appears below for details.)  
The Names Council's statement indicated that it would consider making 
supplemental recommendations on this topic, and the Names Council 
has scheduled a meeting on 17 May for this purpose.

Under ICANN's bylaws, recommendations of one supporting 
organization's council are to be distributed to the other supporting 
organization councils so that they may advise the Board on any 
considerations arising within the other councils' areas of expertise:

   "(d) Any recommendation forwarded to the Board by a Supporting 
   Organization shall be transmitted to all other Supporting 
   Organizations so that each Supporting Organization may comment 
   to the Board regarding the implications of such a 
   recommendation on activities within their individual scope of 
   primary responsibility."

(From Article VI, Section 2(d) of ICANN Bylaws.)

The ICANN Board is scheduled to consider the Names Council's 
recommendations at its meeting (to be held in connection with INET) 
on 15-16 July in Yokohama.  It would be helpful if the Protocol 
Council could provide the Board any comments it may have on any 
protocol-policy implications of the Names Council recommendations 
by the end of June.  In accord with the tenor of Section 4(b)(iii)
of the PSO MOU, I understand that the members of the Protocol Council
may wish to confer with the PSO member SDOs.

As noted above, the Names Council may forward supplemental 
recommendations to the Board in the near future.  If I receive any, 
I will forward them to you at that time.

Best regards,

Louis Touton
ICANN Secretary

cc:  Steve Coya, PSO Secretariat
     Ken Stubbs, Names Council Chair
     Michael Roberts, ICANN President
     Andrew McLaughlin, ICANN Senior Adviser

=======================================================

DNSO Names Council Statement on New gTLDs
(approved 18-19 April 2000)

The Names Council determines that the report of Working 
Group C and related comments indicate that there exists 
a consensus for the introduction of new gTLDs in a measured 
and responsible manner. The Names Council therefore 
recommends to the ICANN Board that it establish a policy 
for the introduction of new gTLDs in a measured and 
responsible manner, giving due regard in the implementation 
of that policy to (a) promoting orderly registration of 
names during the initial phases; (b) minimizing the use of 
gTLDs to carry out infringements of intellectual property 
rights; and (c) recognizing the need for ensuring user 
confidence in the technical operation of the new TLD and 
the DNS as a whole.

Because there is no recent experience in introducing new 
gTLDs, we recommend to the Board that a limited number of 
new top-level domains be introduced initially and that the 
future introduction of additional top-level domains be done 
only after careful evaluation of the initial introduction. 
The Names Council takes note of the fact that the WG C 
report indicates that several types of domains should be 
considered in the initial introduction, these being:  
fully open top-level domains, restricted and chartered 
top-level domains with limited scope, non-commercial 
domains and personal domains. Implementation should promote 
competition in the domain-name registration business at the 
registry and registrar levels. The Names Council recognizes 
that any roll-out must not jeopardize the stability of the 
Internet, and assumes a responsible process for 
introducing new gTLDs, which includes ensuring that there 
is close coordination with organizations dealing with 
Internet protocols and standards.

To assist the Board in the task of introducing new gTLDs, 
the Names Council recommends that the ICANN staff invite 
expressions of interest from parties seeking to operate 
any new gTLD registry, with an indication as to how they 
propose to ensure to promote these values.

We would like to extend our deep appreciation to the 
substantial number of participants who worked so diligently 
in Working Groups B and C, and want to thank them for their 
significant efforts in evaluating the issues that were 
referred to them.  Recognizing the Working Group C has 
recently approved additional principles and that Working 
Group B's formal report was provided to us yesterday, we 
advise the Board that we will be providing supplemental 
recommendations in the near future.


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From pso-discuss-admin@pso.icann.org  Thu May 25 14:14:06 2000
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From: Louis Touton <touton@icann.org>
To: pso-discuss@pso.icann.org
Date: Thu, 25 May 2000 14:14:02 -0400
Subject: [Pso-discuss] Supplemental Names Council Recommendations on New TLDs
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Date Sent: May 21, 2000

To the Protocol Council:

Subject:  Supplemental Names Council Recommendations on New TLDs

On 14 May, I advised you of a recommendation concerning new TLDs 
approved by the Names Council of ICANN's Domain Name Supporting 
Organization on 18-19 April.  As I also stated in my 14 May 
message, the Names Council indicated that it might forward 
supplemental recommendations to the Board in the near future. 

On 19 May, the Names Council approved a supplemental statement, 
dealing with "Famous Trade-Marks and the operation of the Domain 
Name System," which appears below.  I am forwarding it to you 
under Article VI, Section 2(d) of ICANN Bylaws for any comment 
you may have on the implications this recommendation may
have within the Protocol Council's area of expertise.

The ICANN Board is scheduled to consider the Names Council's 
recommendations at its meeting on 15-16 July in Yokohama.  It would 
be helpful if the Protocol Council could provide the Board any 
comments it may have on any protocol-policy implications of the 
Names Council recommendations by the end of June.

Best regards,

Louis Touton
ICANN Secretary

cc:  Steve Coya, PSO Secretariat
     Ken Stubbs, Names Council Chair
     Michael Roberts, ICANN President
     Andrew McLaughlin, ICANN Senior Adviser

=======================================================
19 May 2000

DNSO Names Council Resolution on Famous Trade-Marks and the 
operation of the Domain Name System

The Names Council recognizes the enormous work undertaken by 
Working Group B. The Names Council acknowledges that according 
to its final report, Working Group B has reached consensus on 
three points, namely: 

   1.Some type of mechanism, yet to be determined, is necessary 
   in connection with famous trademarks and the operation of 
   the Domain Name System.

   2.There does not appear to be the need for the creation of a 
   universally famous marks list at this point in time. 

   3.The protection afforded to trademark owners should depend 
   upon the type of top-level domains that are added to the 
   root. 

With regards to points (1) and (3), the NC notes that the Working 
Group members could not reach consensus on the type of mechanism 
that should be incorporated into the roll-out of new gTLDs 
(point (1)), which is understandable given their consensus in 
point (3) that the protection should likely vary depending on the 
type of top-level domain. 

The NC concludes that there is community consensus and recommends 
that there should be varying degrees of protection for 
intellectual property during the startup phase of new top-level 
domains. Therefore, the NC recommends that the ICANN Board make 
clear that nothing in the general consensus items, or areas of
non-consensus, should be construed as creating immunity from the 
UDRP or other legal proceeding should a domain name registrant 
in a chartered top-level domain violate the charter or other 
legal enforceable rights. The NC notes that the principles of 
differentiated gTLDs (from WG-C) may provide additional assistance 
in avoiding confusion. 

With regards to item (2) on universally famous marks, the NC 
concludes that there is no consensus in the community at the 
present time that such a list should be adopted by ICANN. 

The NC also recommends to the ICANN Board that it take note of the 
Working Group B report, including the submissions by 
participating parties. 

The NC would like to express its gratitude to the hard work of 
Michael D. Palage, Kathryn Kleiman, and Philip Sheppard in steering 
the Working Group and seeking to guide them towards consensus 
on the difficult set of issues they were assigned.

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