<html xmlns:v="urn:schemas-microsoft-com:vml" xmlns:o="urn:schemas-microsoft-com:office:office" xmlns:w="urn:schemas-microsoft-com:office:word" xmlns:m="http://schemas.microsoft.com/office/2004/12/omml" xmlns="http://www.w3.org/TR/REC-html40"><head><meta http-equiv=Content-Type content="text/html; charset=iso-8859-1"><meta name=Generator content="Microsoft Word 14 (filtered medium)"><style><!--
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</o:shapelayout></xml><![endif]--></head><body lang=EN-US link=blue vlink=purple><div class=WordSection1><p class=MsoNormal>It seems this Donuts application has not received nearly as much specific public scrutiny as it perhaps should, given the larger issues around Donuts’ entire application portfolio. We have filed the following comment today on behalf of the World Trade Center Association, and would appreciate hearing other companies’ views on this issue, particularly we would like to hear them expressed to ICANN’s public comment forum and to GAC representatives…<o:p></o:p></p><p class=MsoNormal><o:p> </o:p></p><p class=MsoNormal>---------------------------------<o:p></o:p></p><p class=MsoNormal>Our law firm represents the World Trade Center Association with respect to ICANN matters. WTCA is a leading trade association in the promotion of international trade. The WTCA’s licensed members operate the well-known World Trade Center facilities around the world. The WTCA is a long-established and famous multinational corporation, with more than 40 years of history. It was incorporated in 1969 and officially established in 1970. WTCA is currently comprised of more than 325 licensed members, carrying out business in over 90 countries. <o:p></o:p></p><p class=MsoNormal><o:p> </o:p></p><p class=MsoNormal>WTCA is concerned about the application of a Donuts, Inc. company (Hidden Way, LLC) to register the .WTF gTLD. As typical of the 300+ other applications filed by Donuts companies, this application says very little about Donuts’ plan for this TLD. In response to Question 18, they only state:<o:p></o:p></p><p class=MsoNormal><o:p> </o:p></p><p class=MsoNormal style='margin-left:.5in'>Donuts believes in an open Internet and, accordingly, we will encourage inclusiveness in the registration policies for this TLD. In order to avoid harm to legitimate registrants, Donuts will not artificially deny access, on the basis of identity alone (without legal cause), to a TLD that represents a generic form of activity and expression. [¶] WTF is a pop-culture term that is attractive to registrants seeking new avenues for expression on the Internet, and who are perhaps interested in demonstrations of irony, skepticism, humor, and critique. Individuals and groups will register names in .WTF when interested in editorializing, providing input, interacting with other communities, and publishing commentary.<o:p></o:p></p><p class=MsoNormal><o:p> </o:p></p><p class=MsoNormal>From this it is only clear that the primary purpose of the unrestricted TLD is to refer to the “pop-culture term” represented by the WTF TLD string – “What the F—k?” Indeed, many people, organizations and governments likely will be asking that question of ICANN, if this TLD application is approved. The common pop culture meaning of the WTF acronym focuses upon a word that is deemed by many people as one of the most offensive words in the English language, which further has transcended into most non-English speaking cultures. Generally, ICANN ought not be allowing an accredited TLD operator to sell domain names specifically centering on that "F-word," which is vulgar and offensive to so many people. There are plenty of other ways for people to express themselves, even among Donuts’ other hundreds of TLDs, and further by using references to that word in domains at the second and higher level. There simply ought not be an ICANN-accredited TLD registry focusing its sales efforts around such a word.<o:p></o:p></p><p class=MsoNormal><o:p> </o:p></p><p class=MsoNormal>ICANN’s Applicant Guidebook states that a TLD should not be approved if the applied-for gTLD string is contrary to generally accepted legal norms of morality and public order that are recognized under principles of international law. To be sure, use of the “F-word” in public discourse is not generally accepted as morally appropriate or orderly, even if legal in some contexts. Merely saying that word, particularly in a public or social context, can bring penalties under the laws and/or broadcast regulations of many if not most nations. The lead sentence in the Wikipedia entry for the word states that it “is almost universally considered vulgar.” Further:<o:p></o:p></p><p class=MsoNormal><o:p> </o:p></p><p class=MsoNormal style='margin-left:.5in'>The word's use is considered obscene in social contexts…. In the modern English-speaking world, the word […] is often considered highly offensive. Most English-speaking countries censor it on television and radio. A [year 2000] study of the attitudes of the British public found that [the word] was considered the third most severe profanity and its derivative [mother-…] second. … The term remains a taboo word to many people in English-speaking countries. The word also carries a sacrilegious connotation to some. Many religious people oppose the use of profane, vulgar, and "curse" words which they see as offensive to a deity. It is considered highly offensive to utter the word in the presence of children.<o:p></o:p></p><p class=MsoNormal><o:p> </o:p></p><p class=MsoNormal>Therefore, WTCA urges ICANN’s Independent Objector to further explore this issue, to file a Limited Public Interest Objection against this application as soon as possible, and for ICANN’s designated resolution panel to sustain that objection. WTCA also encourages GAC representatives to issue early warnings to Donuts, and formal advice to ICANN to reject the application on this basis. Ultimately, WTCA would urge the ICANN Board to reject the application on the same basis. <o:p></o:p></p><p class=MsoNormal><o:p> </o:p></p><p class=MsoNormal>WTCA is further concerned about potential negative associations between this TLD string and the .WTC TLD which WTCA seeks to operate. But the WTCA hopes that its specific concerns need not be expressed as the general community concern is so obvious and significant. Failing rejection via ICANN process, WTCA reserves all other rights it may specifically have with respect to the .WTF application and proposed registry business.<o:p></o:p></p><p class=MsoNormal><o:p> </o:p></p><p class=MsoNormal>Mike Rodenbaugh<o:p></o:p></p><p class=MsoNormal>RODENBAUGH LAW<o:p></o:p></p><p class=MsoNormal>tel/fax: +1.415.738.8087<o:p></o:p></p><p class=MsoNormal><a href="http://rodenbaugh.com">http://rodenbaugh.com</a> <o:p></o:p></p></div></body></html>