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GAC Advice

The GAC provides advice to the ICANN Board on policy matters where there may be an interaction between ICANN’s policies and various laws, international agreements and public policy objectives. GAC Advice is communicated to the ICANN Board through either a Communique or a formal piece of Correspondence.

2014-10-16-Safeguard Advice Applicable to all new gTLDs and Category 1 and Category 2 strings

GAC Advice

Reference No. :

2014-10-16-Safeguard Advice Applicable to all new gTLDs and Category 1 and Category 2 strings

First Delivered 15 Oct 2014 via :

ICANN51 Los Angeles Communique

Consenus:

Consensus met

2014-10-16-Safeguard Advice Applicable to all new gTLDs and Category 1 and Category 2 strings

2. Safeguard Advice Applicable to all new gTLDs and Category 1 (consumer protection, sensitive strings and regulated markets) and Category 2 (restricted registration policies) strings

The GAC remains concerned that the NGPC has not adopted certain specific GAC proposals on safeguards applicable to new gTLDs set forth in the London Communiqué. In its September 2, 2014 response to the GAC’s advice and questions regarding implementation of the safeguards, the NGPC appeared to accept GAC advice and respond to the GAC’s questions. In substance, however, the NGPC’s response clearly indicates the NGPC believes certain elements of the GAC’s advice would be challenging to implement. Moreover, the NGPC has deferred a concrete response on many key aspects of the implementation of the GAC advice.

The GAC raised vital consumer protection issues in the Beijing, Singapore, and, most recently, London Communiqués, which help establish an environment of trust for these new domains as they are delegated. It is urgent to address these issues now because contracts for many new gTLDs have already been signed.

Accordingly,

a. The GAC strongly advises the ICANN Board to focus its attention on the following:

i. Implementation of WHOIS Related-Safeguards

  1. Provide the GAC with a comprehensive scorecard indicating steps and timelines regarding all streams of work related to the WHOIS accuracy safeguard;
  2. Complete the Pilot study on WHOIS accuracy, including assessment of identity validation, and share the findings in a timely manner for review at the ICANN 52 meeting;
  3. Initiate steps towards Phase 3 (identity verification) of WHOIS, including undertaking a cost-benefit analysis of implementation options; and
  4. Commit to defining the process to address and resolve inaccurate WHOIS records and respond to non-compliance reports.

ii. Security Risks

  1. Inform the GAC and provide GAC members an opportunity to contribute inter-sessionally about the ongoing consultation on the framework for Registries to respond to security risks;
  2. Inform the GAC of the findings of this consultation no later than three weeks before the ICANN 52 meeting; and
  3. Ensure an interim mechanism is in place to effectively respond to security risks.

iii. Public Interest Commitment Dispute Resolution Process

  1. Modify the dispute resolution process to ensure that non-compliance is effectively and promptly addressed, in particular for cases requiring urgent action.

iv. Verification and Validation of Credentials for Category 1 Strings Associated with Market Sectors with Clear and/or Regulated Entry Requirements

  1. Reconsider the NGPC’s determination not to require the verification and validation of credentials of registrants for the highly regulated Category 1 new gTLDs. The GAC believes that for the limited number of strings in highly regulated market sectors, the potential burdens are justified by the benefits to consumers; reconsider the requirement to consult with relevant authorities in case of doubt about the authenticity of credentials; and reconsider the requirement to conduct periodic post-registration checks to ensure that Registrants continue to possess valid credentials; and
  2. Ensure the issues (verification/ validation; post-registration checks; consultation with authorities) are addressed in the review process for any subsequent rounds of new gTLDs.

v. Category 2 Safeguards: Ensuring Non-Descriminatory Registration Policies

  1. Amend the PIC specification requirement for Category 2 new gTLDs to include a non-discriminatory requirement to provide registrants an avenue to seek redress for discriminatory policies.

Communication

Responsible Party

ICANN Board