Letter from J. Beckwith Burr to Tina Dam Regarding Amendment to the .NAME Registry Agreement to Allow Registration of Second Level Domain Names

(17 june 2003)

June 17, 2003

VIA E-MAIL AND FEDERAL EXPRESS

Tina Dam
Chief gTLD Registry Liaison
Internet Corporation for Assigned Names and Numbers
4676 Admiralty Way
Suite 330
Marina Del Ray, California 90292

Re: Request to Amend Registry Contract

Dear Tina:

I am writing on behalf of my client, The Global Name Registry Limited (the “GNR Registry”), which operates the .NAME top-level domain (TLD) under an agreement with ICANN dated August 1, 2001 (the “Registry Agreement”). Various sections of the Registry Agreement obligate the GNR Registry to limit registrations in .NAME to registrations at the third level. This letter constitutes the GNR Registry’s formal request to amend the Registry Agreement to permit second level registrations.

Background

The first phase of the .NAME product launch was 3rd level domain names and 2nd level email forwarding services. These products provide end-users with both an email address and a web address in a personal namespace. Sharing of the most common surnames is currently achieved by a third level extension policy. This allows attractive names on the second level to be shared among different interested registrants.

These products are unique in the gTLD world, but they have proved difficult for registrars and resellers to provision to end-users, making distribution a challenge. To improve distribution into the .NAME space, the GNR Registry proposes to add a 2nd level domain .NAME product for individuals. This new product will complement its existing 3rd level domain and 2nd level email products, existing alongside them without interfering. It will be provisioned and function similarly to other 2nd level gTLD services. Registrars and resellers will easily adapt their existing systems to it, bringing the .NAME space more in reach of consumers

Objective

Today .NAME products are not readily available to most individuals due to lack of support in the distribution channel. The addition of a 2nd level domain product will enable existing and new registrars and resellers to offer .NAME products within their normal domain name product line, and will make it easier to integrate GNR Registry products with 3rd party offerings that are already tailored to 2nd level domains. With this change, the GNR Registry believes that many individuals will learn about .NAME for the first time.

The GNR Registry continues to believe that 3rd level domain names and email addresses represent the greatest long term potential for the .NAME space. The short and medium term imperative, however, is to eliminate any obstacles that stand in the way of registrars, resellers, and individual end-users who wish to use the .NAME space address.

Proposed Contract Amendments

The GNR Registry proposes to amend relevant portions of the Registry Agreement, including portions of Appendix F, Appendix G, and Appendix L to reflect the addition of the proposed registry service. In addition, the GNR Registry proposes to modify the Eligibility Requirements set forth in the Registry Agreement, which are published on the GNR Registry website at www.nic.name, and to take such steps as are necessary to notify ICANN Accredited Registrars of, and to implement, the revised Eligibility Requirements in accordance with the provisions of the Registry/Registrar Agreement.

Requested Amendments Are Consistent with the Existing Character of the .NAME Space

The philosophy behind the personal name space .NAME is based on the concept that individuality on the Internet should be easily achievable for a larger part of the Internet population than was the case prior to the opening of the .NAME name space.

Certain features are designed to help individuals secure some form of their name and to help them use this to address themselves on the Internet. Most importantly, the namespace is only intended for strings that reference individuals. An individual can only register his/her personal name. All of the fundamental .NAME Eligibility Requirements can be extended to cover second level registrations.

The Eligibility Requirements currently permit an individual to (1) register his or her own personal name, (2) register the personal name of a fictional character in which the registrant has rights, and (3) register a domain name containing numeric characters to the beginning or the end
of their personal name so as to differentiate it from other personal names. For example, in the event that John Smith unsuccessfully attempts to register john.smith.NAME, he may seek to register an alternative, such as john.smith1955.NAME or john1955.smith.NAME. The GNR Registry’s new service would simply permit Mr. Smith to eliminate a “dot” and register johnsmith.NAME or johnsmith1955.NAME if he so desired. All other Eligibility Requirements would remain in place.

The GNR Registry will use three strategies in parallel to protect existing 3rd level products and the continued sharing of common names.

First, prior to launch, the GNR Registry will solicit input from governments on (1) name distribution patterns within their countries and (2) suggestions relating to common names that might appropriately be reserved on the 2nd level. This input will be validated and then used to make 2nd level reservations to ensure that 3rd level registrations are available for such names. If no 3rd level is registered on a given 2nd level reservation within a fixed period of time, the reservation will expire. The reservation period would vary, e.g., it would be longer for common names relating to populations in countries or regions where Internet penetration and usage is currently low.

Second, the GNR Registry will reserve at the 2nd level a set of commonly used names in various countries for 3rd level registrations only. The GNR Registry intends that the number of such 2nd level reservations will cover the names of a substantial portion of the population within a country or region.

Third, the GNR Registry will ensure that all 2nd level names ending in a particular string, or set of strings, would be reserved on the second level by default, and only 3rd level registrations would be allowed on such 2nd levels. Strings suggested as good post-fixes would be “family” and translations of “family” to different languages, e.g. “famille”, “rodzina”, “familie”, “familia”, “famiglia”, etc.

ICANN May Undertake a Streamlined Review of the Proposed Amendment

Although the initial specifications for permissible registration strings are contained in Appendix L, the Registry Agreement permits changes to such specifications with the “mutual written consent of ICANN and Registry Operator” or in connection with ICANN policy development. (Registry Agreement §3.10.1.) As the GNR Registry’s proposed contract modifications are consistent with existing ICANN policy, and meet the criteria for streamlined considerations established by the ICANN General Counsel, the ICANN Board has the necessary authority to approve the amendments.

On 17 April 2002, ICANN senior staff issued the following criteria for reviewing registry requests to introduce new registry services in light of ICANN’s interest in promoting innovation, on the one hand, and protecting competition on the other:

[I]n considering requests to amend a registry agreement to authorize charging for additional registry services, my judgment is that a preliminary "quick-look" evaluation should be made to determine whether it is plausible that the legitimate interests of others could be harmed by the proposed amendment. If no legitimate interest appears in danger of being harmed, then a streamlined procedure for approval should be followed. If, however, there are specific reasons to conclude that the legitimate interests of others are likely to be harmed, then ICANN's existing obligation to seek consensus whenever possible before acting suggests that it should invoke the formal consensus development mechanisms that currently exist prior to any decision by the ICANN Board.

The GNR Registry accordingly seeks the Board’s prompt approval for the proposed contract modifications, and we request that this matter be placed on the agenda for the telephonic meeting of the Board scheduled for late July, 2003. In order to make our requested changes clear to the Board, we have attached (1) a Power Point presentation describing the proposed changes and (2) a narrative description of the proposal. We will shortly submit proposed amendments to various sections of the GNR Registry Agreement with ICANN as well as revised Eligibility Requirements.

The GNR Registry appreciates your efforts to bring this matter to the Board in the very near future. Please contact me if you have any questions regarding the attached materials.

Sincerely,

J. Beckwith Burr

cc: Francis Coleman, Vice President and General Counsel

Enclosures

2nd Level Domain Registrations in .NAME

PROPOSAL TO AMEND THE GLOBAL NAME REGISTRY AGREEMENT WITH ICANN

Proposed New Registry Service

The .NAME space is intended for use by individuals, not businesses. It allows consumers to address themselves as individuals, in a crowded space where the distinction between company names and individual names has become blurred. Internet users can now know that there is an individual in the other end of a .NAME address.

The first phase of the .NAME product launch was 3rd level domain names and 2nd level email forwarding services. These products provide end-users with both an email address and a web address in a personal namespace. These products are unique in the gTLD world, but they have proved difficult for registrars and resellers to provision to end-users, making distribution a challenge.

To improve distribution into the .NAME space, the GNR Registry plans to add a 2nd level domain .NAME product for individuals. This new product will complement its existing 3rd level domain and 2nd level email products, existing alongside them without interfering. It will be provisioned and function similarly to other 2nd level gTLD services. Registrars and resellers will easily adapt their existing systems to it, bringing the .NAME space more in reach of consumers.

It is essential that this product receives ICANN Board approval by July 31, 2003, and be fully implemented by October 31, 2003

Background

The addition of this new 2nd level domain product will help to ensure that the .NAME. name space is used, protected and expanded for individual consumers. Today .NAME products are largely unavailable to most individuals due to lack of support in the distribution channel. The GNR Registry will make .NAME available to more individuals by adding this new 2nd level domain product , because it will be easier for registrars to distribute and will be easier to integrate with 3rd party offerings that are already tailored to 2nd level domains.

Through this product, many individuals will learn about .NAME for the first time as a result of the 2nd level product. Existing and new registrars and resellers will be able to deploy this 2nd level .NAME product within their normal domain name product line. As noted below, the GNR Registry’s pro-active reservation strategies will make more attractive names available in the .NAME space.

Proposed Service is in Keeping with Fundamental Character of the TLD

The philosophy behind the personal name space .NAME is based on the concept that individuality on the internet should be easily achievable for a larger part of the Internet population than was the case prior to the opening of the .NAME name space.

There are fundamental features that separate the .NAME space from other TLDs with respect to individuals. These features are designed to help individuals secure some form of their name and to help them use this to address themselves on the Internet. The namespace is only intended for strings that reference an individual, and this eligibility requirement is described in Appendix L and in the Eligibility Requirements posted at www.nic.NAME. An individual can only register his/her personal name. Individuals can be people or fictional characters, who also enjoy important “personality status” around the world. Significantly, the namespace incorporates the concept of having a right to your own name unless already taken by an eligible party, and provides protection for genuine individuals seeking their name, using the Eligibility Requirements and the ERDRP. Combined with the first-come, first-served policy of the GNR Registry, this allows for the fairest possible distribution of strings in the namespace.

All of these fundamental features can be maintained when adding second level registration capabilities to the .NAME TLD. The .NAME Eligibility Requirements can be extended to cover second level registrations.

The Eligibility Requirements currently read as follows:

a. The Personal Name of an Individual. Any person can register his or her own Personal Name.

b. The Personal Name of a Fictional Character. Any person or entity can register the Personal Name of a fictional character if that person or entity has trademark or service mark rights in that character's personal name.

c. Additional Characters. In registering a personal name, registrants may add numeric characters to the beginning or the end of their personal name so as to differentiate it from other personal names. For example, in the event that John Smith unsuccessfully attempts to register john.smith.name, he may seek to register an alternative, such as john.smith1955.name or john1955.smith.name.

The GNR Registry’s new service would simply permit Mr. Smith to eliminate a “dot” and register johnsmith.name or johnsmith1955.name if he so desired. All other eligibility requirements would remain in place.

Adding the option for individuals to secure their identity on the second level, while maintaining the fundamental philosophy of the namespace, will ensure that the name space reaches a larger part of the Internet population due to the more accessible nature of the 2nd level delegation. The combination of the protection given to individuals on the name space and the offering of relevant products to the end user will ensure that the philosophy of the name space is maintained.

Strategies To Protect and Expand the .NAME Space at the 3LD level

The GNR Registry believes that 3rd level domain names and email addresses represent the greatest long term potential for the .NAME space. The short and medium term imperative, however, is to eliminate any obstacles that stand in the way or registrars, resellers, and individual end-users who wish to use the .NAME space address. Accordingly, the GNR Registry will use three strategies in parallel to maintain the 3rd level .NAME space while also providing the benefits of a 2nd level offering. These strategies will protect existing 3rd level products and the sharing common names.

For example, there will be room for more than just one John Smith on .NAME Both john.smith.name and johnsmith.name will now become available on .NAME. This will give individuals more choice, and will further the .NAME mission of bringing personal name addressing to the Internet.

Strategy 1 - Government Input

The GNR Registry will solicit input from governments on which names in their countries are most important to reserve on the 2nd level. This input will be validated and then used to make 2nd level reservations to ensure that 3rd level registrations are available for such names. This solicitation of important names from governments will begin when ICANN has approved 2nd level .NAME domains, and will end on a specified reasonable cut-off date. Only strings that are names will be accepted. If no 3rd level is registered on a given 2nd level reservation within a fixed period of time from the reservation date (for example, where the name to be reserved is common in a country or region with low Internet penetration or usage rates, the reservation period may be relatively longer), the reservation will expire.

Strategy 2 - Registry Common Names Reservations

Based on governmental input and independent research, the GNR Registry will also reserve at the 2nd level a set of commonly used names in various countries for 3rd level registrations only. Based on our research, it is clear that strategic reservation of even a limited number of key commonly-used names can protect the names of a substantial portion of the world’s population.

Strategy 3 – Post-fix Reservations

The GNR Registry will ensure that all 2nd level names ending in a particular string, or set of strings, would be reserved on the second level by default, and only 3rd level registrations would be allowed on such 2nd levels. Strings suggested as good post-fixes would be “family” and translations of “family” to different languages, e.g. “famille”, “rodzina”, “familie”, “familia”, “famiglia”, etc. As an example, this would generate fully qualified domain names and emails of the type peter@morgan-family.name or donno@esposito-famiglia.name.

Impact of Proposal on Relevant Interests and Existing Products

Producers

All ICANN Accredited .NAME Registrars and their resellers will automatically be eligible to provide this new product, which they will find much easier to handle. This 2nd level product will provide a new and more attractive product to Registrars and resellers. This 2nd level product fits perfectly with existing fulfillment systems and service systems. It will also allow Registrars to offer their user base an address on a personal namespace without adapting to the 3rd level .NAME model.

Businesses will benefit from opportunities for enhanced marketing, and from the provision of value-added services. ISPs, as resellers and consumer channels, will experience a growth in business with individuals as a result of this 2nd level product.

Consumers

Individual end-users will benefit because the .NAME space will be easier to access, more supported by distributors, more widely used, and well protected as the space dedicated to individual consumers.

Intellectual Property Owners

This 2nd level product will have no adverse impact on intellectual property interests, because Defensive Registrations and dispute resolution requirements will continue to apply. The standard Defensive Registrations will work as they do today for 3rd level products, but they will have the additional benefit of also getting the 2nd level reserved for the 2nd level of the standard Defensive Registrations. As an example, a standard Defensive Registration of “my.brand” will protect not only my.brand.name, but also brand.name.

The premium Defensive Registrations will work for 2nd level products as they do today for 3rd level products. The 3rd level (and higher) on 2nd level domains will work as 4th level (and higher) currently do in a 3rd level registration. As an example, a premium Defensive Registration of “brand” will protect the 3rd level registrations *.brand.name and brand.*.name for the GNR Registry’s 3rd level domains and 2nd level email forwarding, as well as the 2nd level registration brand.name for a 2nd level domain registration.

Required Amendment

The GNR Registry seeks the approval of the ICANN Board to amend Appendix L to expand the examples in the section on Eligibility Requirements to include an example of this 2nd level product, to create a pricing schedule for 2nd level products in Appendix G of the Registry Agreement, to revise the Eligibility Requirements posted on www.nic.NAME, and to notify ICANN Accredited Registrars of this change in Eligibility Requirements in accordance with the requirements of Appendix F. EPP will need only one minor change to allow submission of domains with only one dot. (Change allowed format for .NAME domain names.)

Further Information

Technical issues should be directed to Geir Rasmussen (grasmussen@gnr.com, +44-795-002-7733), and legal/policy issues should be directed to Fran Coleman (fcoleman@gnr.com, +1-585-704-5306)

Page Updated 19-Jun-2003
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