a wealth of knowledge from the persian gulf: insights from icann 60

Insights from ICANN 60:Abu Dhabi, UAE

28 October – 3 November, 2017

About the Speakers

Over the last 17+ years, Gretchen has helped Global 2000 companies devise global domain name, trademark and online brand protection strategies and is a leading authority on the Internet Corporation for Assigned Names and Numbers’ (ICANN) New gTLD Program.

Ms. Olive has served on the INTA Internet Committee (Registration & DNS Subcommittee and Domain Dispute & Whois Subcommittee), which was focused on the preservation and protection of Intellectual Property Rights on the Internet.

Gretchen, who earned her JD from Widener School of Law, is frequently asked to speak and write on issues related to domain names, trademarks and online risks to brand owners.

She has recently been published in Trademark Lawyer Magazine, World Trademark Review, on Forbes.com, Trademark World Magazine, Managing Intellectual Property Magazine, 8k Magazine and The Metropolitan Corporate Counsel.

Proprietary and Confidential 2

About the Speakers

Ben Anderson is Product Director for New gTLD Services at NetNames and leads the development of strategy, products and services. CSC acquired NetNames in August 2016.

Ben is an industry recognized expert in dotBRANDS, domain practice and operations and he currently serves on the Executive Board of the Registrar Stakeholder Group at ICANN. Mr. Anderson’s expertise is often called upon to help brands launch or re-define their digital strategies

Ben has a wealth of experience at the sharp-end of setting up and managing domain Registrars and Registries. Ben joined NetNames in 2004 and has a strong background developing technologies to protect IP rights holders online, having previously helped pioneer early DRM solutions.



ICANN Overview

CCT Review

GDPR

Key ICANN Policy Updates

• Next-Gen Registry Directory Services (RDS) PDP

• Rights Protection Mechanisms (RPMs) PDP

• New gTLD Subsequent Procedures PDP

Other Important Meeting Insights

Agenda

ICANN Organizational Chart


Source: http://www.icann.org

Schedule/Structure of ICANN Meetings


Meeting A (March meeting)

• 6-day format

• Similar to legacy meeting structure, but Public Forum split into 2 separate sessions – Monday and Thursday

Meeting B (June meeting)

• 4-day format

• Focus on policy work and community interaction

• No Welcome ceremony, Public Forum, Board Meeting, Topic Sessions or Exhibition Areas

Meeting C (October/November meeting)

• 7-day format

• Focus on showcasing ICANN’s work to broader global community

• Public Forum split between Monday and Thursday

Competition, Consumer Trust, and Consumer Choice (CCT) Review


Source: CCTRT Engagement Session Presentation – ICANN 60

CCT Review Timeline



CCT Review Team Draft Report Updates

• Draft CCT Review Team Report Publish in March 2017 can be found at: https://www.icann.org/public-comments/cct-rt-draft-report-2017-03-07-en

• This month updates will be published to Draft Report covering the following 3 areas:

• Parked Domains

• DNS Abuse

• Rights Protection Mechanism (RPMs)



https://www.icann.org/public-comments/cct-rt-draft-report-2017-03-07-en

CCT Review Updates - Parked Domains Highlights



CCT Review Updates – Parked Domains Recommendation



CCT Review Team – DNS Abuse



CCT Review Updates – DNS Study Findings



CCT Review Updates – DNS Abuse Findings



CCT Review Update DNS Abuse Recommendations



CCT Review Updates – RPMs



CCT Review Update – RPM Studies



CCT Review Updates – CCT Metrics Reporting


CCT Review Update – RPMs Conclusions


CCT Review Update – RPMs Recommendations


GDPR – What is it?

The General Data Protection Regulation (GDPR) replaces the Data Protection Directive 95/46/EC and is designed to harmonize data privacy laws across Europe, to protect and empower all EU citizens data privacy and to reshape the way organizations across the globe approach data privacy.


Will be enforced beginning:

May 25, 2018

GDPR & WHOIS

Article. 4 (1) GDPR:

• personal data = “any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.“

• GDPR adds new dimension to long-standing WHOIS debate within ICANN community because of strong “teeth” of GDPR

• ICANN contracts with Registries and Registrars compel publication of WHOIS with mandatory fields

• If Registries and Registrars continue to publish personal data of EU residents in WHOIS as contractually required by ICANN beyond May 25, 2018, they would likely be fined under GDPR

– GDPR fines = 4% of annual turnover or 20 million Euros, whichever is greater!


GDPR & Current Situation


• GDPR dominated discussions at ICANN60 in the sessions and along the hallways

• “unlimited publication of registration data is already in violation of EU laws”

• Dutch DPA fires warning shot at ICANN over compliance case against Dutch based registry operator of .Amsterdam and .FRL

• Lack of direction and leadership from ICANN will result in contracted parties implementing custom solutions rather than standards

• ICANN CEO statement may have far reaching implications for Brand owners in the short term

GDPR & Impact to CSC Clients

How will GDPR impact the management of my domain portfolio and online brand protection?

• gTLD WHOIS likely to be removed, redacted or replaced with proxy registrant data

• ccTLD WHOIS will become even more restricted

• ICANN accredited registrars to favor being GDPR compliant over ICANN compliant

• Be prepared to remove all personal data from corporate domains and replace with generic contacts

• Demonstration of security on customer facing domains will now become a factor –Registry Lock and SSL’s should now be thought of as standard

• In the interim data will disappear, making detection and enforcement practices much more difficult for providers that rely solely on WHOIS data.


Next-Gen Registry Directory Services (RDS) PDP

Overview

The Next-Generation gTLD RDS PDP Working Group is currently working through phase 1 of the Board-requested PDP, to;

• establish gTLD registration data requirements to determine if and why a next-generation RDS is needed,

• design policies that detail functions that must be provided by a next-generation RDS to support those requirements, and

• provide guidance for how a next-generation RDS should implement those policies, coexisting with and eventually replacing WHOIS



Next-Gen Registry Directory Services (RDS) PDP

Current Status

WG has been tasked with providing recommendations on the following two questions:

1) What are the fundamental requirements for gTLD registration data?

2) Is a new policy framework and next-generation registration directory services (RDS) needed to address these requirements?

The working group remains very divided on some of the key issues as different factions continue to push their own agenda



WHOIS Replacement and GDPR

The importance of RDS



Rights Protection Mechanisms (RPMs) PDP

Overview

This PDP was chartered by the GNSO Council to review all the Rights Protection Mechanisms (RPMs) that are currently in operation. Phase 1 focuses on the RPMs created for the 2012 New gTLD Program. Phase 2 focuses on the 1999 Uniform Dispute Resolution Policy (which applies to all gTLDs).



Rights Protection Mechanisms (RPMs) PDP Status


PDP is still in Phase 1

• WG completed initial review of TM-PDDRP at ICANN57 (Nov 2016)

• Little movement since ICANN59

• WG has begun to collect data on Sunrise & TM claims

Discussions at ICANN60

• Subteams capturing questions and proposals to determine if an RFP is warranted to find a supplier to collect data

• ICANN has begun drafting the RFP requirements

• Full URS review


Overarching Issues:

• Different Types of TLDs

• Predictability/Community Engagement

• Applications Assessed in Rounds

Work Tracks:

• WT1: Overall Process/Support/ Outreach

• WT2: Legal/Regulatory/Contractual Obligations

• WT3: String Contention /Objections & Disputes

• WT4: Internationalized Domain Names/Technical & Operational

• WT5: Geo Names (NEW)

New gTLD Subsequent Procedures PDP

New gTLD Subsequent Procedures PDP

Work Track Progress

November 2017 – Complete deliberations taking into account community comment

January 2018 – Publish initial report for public comment


Work Track 1 Work Track 2Target developing regionsImprove ICANN outreach

Application fees

Analysing Public Interest Commitments (PICs)

Mapping GAC advice to PICs

Work Track 4Target developing regions

Financial evaluationRemoval of business model

evaluation and financial statements

Work Track 3Community Vs. General

ApplicationsPreference and demonstration

of relationshipWork Track 5

GeoNamesTM’s which coincide or call to

mind a location, landmark or are a culturally sensitive term

Other Important ICANN 60 Meeting Insights


Round 2 of New gTLD Program

(Domain Abuse Activity Reporting) System which reports on domain name registration and abuse data across TLDs

IRTP-C Privacy & Proxy extension

Thick WHOIS migration

ICANN's Technical Compliance Monitoring System

New GNSO chair

Universal Acceptance

Questions?Questions?


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