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2013-04-11-Safeguards-5
GAC Advice
2013-04-11-Safeguards-5
N/A
Consensus met
2013-04-11-Safeguards-5
Communication
Safeguard Advice
The GAC Advises the ICANN Board that:
To reinforce existing processes for raising and addressing concerns the GAC is providing safeguard advice to apply to broad categories of strings (see Annex I).
The GAC considers that Safeguards should apply to broad categories of strings. For clarity, this means any application for a relevant string in the current or future rounds, in all languages applied for.
The GAC advises the Board that all safeguards highlighted in this document as well as any other safeguard requested by the ICANN Board and/or implemented by the new gTLD registry and registrars should:
- be implemented in a manner that is fully respectful of human rights and fundamental freedoms as enshrined in international and, as appropriate, regional declarations, conventions, treaties and other legal instruments – including, but not limited to, the UN Universal Declaration of Human Rights.
- respect all substantive and procedural laws under the applicable jurisdictions.
- be operated in an open manner consistent with general principles of openness and non-discrimination.
The GAC Advises that the following six safeguards should apply to all new gTLDs and be subject to contractual oversight.
5. Making and Handling Complaints – Registry operators will ensure that there is a mechanism for making complaints to the registry operator that the WHOIS information is inaccurate or that the domain name registration is being used to facilitate or promote malware, operation of botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law.
GAC Acknowledgement of Register Entry
GAC: 2 May 2013
Board: 9 May 2013
Next Steps/Required Action
Board Action:
| Item | Resp. | Start | Compl. | Status |
|---|---|---|---|---|
| Publish GAC Communique and notify applicants of 21-day GAC Advice Response Period | Staff | 18 April | Complete | |
| Applicants 21-day response period to GAC Advice | Applicants | 19 April | 10 May | Complete |
| Publish GAC Communique to solicit input on how the New gTLD Board Committee should address GAC advice regarding safeguards applicable to broad categories of New gTLD Strings | Staff | 23 April | Complete | |
|
Public Comment period on how Board should address GAC Advice re: Safeguards http://www.icann.org/en/news/public-comment/gac-safeguard-advice-23apr13-en.htm |
Public | 23 April |
Comment: 14 May Reply: 4 June |
Complete |
| Collect and summarize applicant responses to GAC Advice | Staff | 11 May | 31 May | Complete |
| Summarize and analyze public comments on how Board should address GAC Advice re: Safeguards | Staff | 5 June | 12 June | Complete |
| Review and Consider Applicant responses to GAC Advice and Public Comments on how Board should respond to GAC Advice re: Safeguards | New gTLD Program Committee | 13 June | 20 June | Not Started
The NGPC is also developing a GAC Scorecard similar to the one used during the GAC and the Board meetings in Brussels on 28 February and 1 March 2011. Each scorecard item will be noted with a '1A' '1B' or '2' 1A: Indicates that the NGPC's proposed position is consistent with GAC Advice as described in the Scorecard. 1B: Indicates that the NGPC's proposed position is consistent with GAC Advice as described in the Scorecard in principle, with some revisions to be made. 2: Indicates that the NGPC's current position is not consistent with GAC advice as described in the Scorecard and further discussion with the GAC is required following the relevant procedures in the ICANN Bylaws. Updates: http://www.icann.org/en/news/announcements/announcement-14jun13-en.htm |
Responsible Party
Board/Staff
Current Status/Communications Log
10 May 2013 - Letter from the ICANN Board re: Progress in Addressing GAC Beijing Advice
6 June 2013: NGPC Scorecard
Board Action (Accept/Disagree)
Accept
NGPC Consideration of GAC Beijing Advice 07-03-13[2].docx
- Registry Operators are required to ensure that there is a mechanism for making complaints to the Registry Operator regarding malicious conduct in the TLD.
- Section 4.1 of Specification 6 of the New gTLD Registry Agreement provides that, “Registry Operator shall provide to ICANN and publish on its website its accurate contact details including a valid email and mailing address as well as a primary contact for handling inquires related to malicious conduct in the TLD, and will provide ICANN with prompt notice of any changes to such contact details.”
- Section 2.8 of the New gTLD Registry Agreement provides that a, “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.”
- ICANN operates the WHOIS Data Problem Reports System <http://www.icann.org/en/resources/compliance/complaints/whois/inaccuracy-form>, which is a mechanism for making complaints that WHOIS information is inaccurate.
See http://www.icann.org/en/groups/board/documents/resolutions-new-gtld-25jun13-en.htm#2.b.