[bc-gnso] Reply Comment of Business Constituency on Strawman Solution

[Steve DelBianco]

The Business Constituency filed extensive initial comments regarding the Strawman on 15-Jan-2013 (link<http://forum.icann.org/lists/tmch-strawman/msg00070.html>).
Below are our Reply comments.

Of the 88 comments filed on the Strawman solution, 67 supported the Strawman solution and/or called for even stronger rights protection mechanisms, such as Limited Preventive Registrations (LPR).   In other words, 76 percent of commenters favor implementation changes such as advance Sunrise notice and enhanced TM claim notices.

Unsurprisingly, these supporting comments came from businesses that are negatively affected by having to purchase defensive registrations and engage in other expensive and often inadequate mechanisms to protect their consumers against confusion or outright fraud using second level domain names.

While the BC does not believe that new gTLD operators will proactively solicit fraudulent registrations, we believe the comments submitted show that present anti-abuse mechanisms are simply inadequate.  That is why commenters from around the world have endorsed the minimal implementation improvements proposed in the Strawman.

The additional Strawman suggestion for Limited Preventive Registrations (LPR) also found wide support in comments filed.  We believe that LPR could be done as a matter of implementation.   But if ICANN determines that LPR is new policy, we believe that GNSO Council should embark on a fast-track policy development process (PDP).  The gNSO Council has in the past done at least one fast-track PDP, which entailed face-to-face working sessions and significant time commitment from Councilors.   ICANN should also commit to provide support for a fast track PDP, such as consulting services and travel funding for PDP participants.

While ICANN continues to consider the Strawman and LPR, they should recognize that being responsive to the concerns of the broader business community is also acting in the public interest to protect consumers.  It is essential that broader business community’s views are heard and addressed to ensure their continued engagement in ICANN’s work.

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These comments were compiled based on previous positions and comments from BC members.  This version was authorized by BC membership on 5-Feb-2013.

Steve DelBianco
Vice chair for policy coordination
Business Constituency

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