A Wealth of Knowledge from the Persian Gulf: Insights from ICANN 60
Transcript of 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.
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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.
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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
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Source: http://www.icann.org
Schedule/Structure of ICANN Meetings
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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
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Source: CCTRT Engagement Session Presentation – ICANN 60
CCT Review Timeline
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Source: CCTRT Engagement Session Presentation – ICANN 60
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)
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Source: CCTRT Engagement Session Presentation – ICANN 60
CCT Review Updates - Parked Domains Highlights
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Source: CCTRT Engagement Session Presentation – ICANN 60
CCT Review Updates – Parked Domains Recommendation
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Source: CCTRT Engagement Session Presentation – ICANN 60
CCT Review Team – DNS Abuse
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Source: CCTRT Engagement Session Presentation – ICANN 60
CCT Review Updates – DNS Study Findings
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Source: CCTRT Engagement Session Presentation – ICANN 60
CCT Review Updates – DNS Abuse Findings
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Source: CCTRT Engagement Session Presentation – ICANN 60
CCT Review Update DNS Abuse Recommendations
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Source: CCTRT Engagement Session Presentation – ICANN 60
CCT Review Updates – RPMs
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Source: CCTRT Engagement Session Presentation – ICANN 60
CCT Review Update – RPM Studies
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Source: CCTRT Engagement Session Presentation – ICANN 60
CCT Review Updates – CCT Metrics Reporting
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CCT Review Update – RPMs Conclusions
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CCT Review Update – RPMs Recommendations
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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.
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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!
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GDPR & Current Situation
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• 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.
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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
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Source: http://www.icann.org
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
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Source: http://www.icann.org
WHOIS Replacement and GDPR
The importance of RDS
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Source: http://www.icann.org
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).
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Source: http://www.icann.org
Rights Protection Mechanisms (RPMs) PDP Status
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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
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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
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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
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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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Where We are Today
180,000+Corporate
customers
10,000Law firm
customers
3,000+Financial
market
customers
60%Best global
brands
2,500+Employees
worldwide
We serve more than 180,000 businesses, including
90% of the Fortune 500®
We support 10,000+ law
firms, including the most
prominent in the U.S.
We providesolutions to
3,000+financial market
customers
We protect 60% of the100
best globalbrands,
including 8 of the top 10
We have more than 2,500
employees in over a dozen
countries, and in all 50 states
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