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From Denmark’s City of Spires: Insights from ICANN 58, Copenhagen

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CSC® Director of Policy and Industry Affairs Gretchen Olive returns from ICANN 58 in Copenhagen, Denmark to report on the latest domain name and brand protection developments, including the latest news concerning the New gTLD Program, the IANA Functions Stewardship Transition, and other topics of critical interest to brand owners everywhere.

Ms. Olive—an internationally recognized expert on ICANN’s New gTLD Program—will address best practices in effective global domain name, trademark, and brand protection strategies, with a focus on new gTLDs.

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From Denmark’s City of Spires: Insights from ICANN 58, Copenhagen

  1. 1. Key Insights from ICANN 58 Copenhagen
  2. 2. 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.  Ms. Olive, 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.
  3. 3. 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.
  4. 4. Agenda  ICANN Overview  High Interest Topics  ICANN Budget  Governmental Advisory Committee Communiqué  Data Protection  Key Policy Updates  Next-Gen RDS PDP  New gTLD Subsequent Procedures PDP  RPM Review PDP  Privacy/Proxy Accreditation IRT  Root Zone Key Signing Key (KSK) rollover
  5. 5. ICANN
  6. 6. ICANN CEO  Göran Marby coming up on 1 year anniversary of becoming ICANN President & CEO  Göran Marby has more than 20 years of experience in the Internet and technology sectors.  Formerly Director-General of the Swedish Post and Telecom Authority (PTS)  Starting to see changes he is making to ICANN and how ICANN functions – early key priority appears to be increasing transparency regarding ICANN’s work  Example: Creation of new ICANN Complaints Officer post. The Complaints Officer will help ensure that any complaints about systemic issues or concerns about the organization are heard, reviewed, analyzed and resolved as openly as appropriate.
  7. 7. ICANN Budget Source: ICANN 58 ICANN Staff Presentation
  8. 8. ICANN Budget  Key Budget Concerns expressed during ICANN 58 include:  Funds in reserve will be less than 50% of 12 months of Operating Expenses  Projected Transactional Revenue Growth estimates seem high for new gTLDs  Staff growth & sustainability of staffing levels  Impact of Budget on projects that can be worked • Public comment and more info on ICANN’s FY18 Operating Pan & Budget can be found at: https://www.icann.org/public-comments/fy18-budget-2017-03-08- en
  9. 9. Governmental Advisory Committee (GAC)  GAC Chair, Thomas Schneider, announced resignation. He is leaving to focus on new position with Swiss government as vice director of the Federal Office of Communication. New Chair will be elected later this year at ICANN 60.  The GAC welcomed Zimbabwe as a new Member. This brings GAC membership to 171 Members, and 35 Observers. 59 GAC Members and 9 Observers attended the meeting.
  10. 10. Governmental Advisory Committee (GAC) • Key topics for the GAC at ICANN 58, included:  2-character country codes at the second level.  The ICANN CEO’s response to the questions in the Hyderabad Communiqué concerning mitigation of DNS abuse.  Confidentiality of GAC documents  The Board’s new process for considering and processing GAC advice  An update on the dot web auction issue  The facilitated discussion on IGO protections and Red Cross Red Crescent protections  CCWG-Accountability WS2•GAC priorities
  11. 11. GAC ICANN 58 Advice • Protection of the Red Cross and Red Crescent designations and identifiers • IGO Protections • Mitigation of Domain Name Abuse • 2-Character Country/Territory Codes at the Second Level
  12. 12. EU Data Protection • The General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) is a regulation by which the European Parliament, the European Council and the European Commission intend to strengthen and unify data protection for individuals within the European Union (EU). • The primary objectives of the GDPR:  Protect personal data of individuals;  Simplify the regulatory environment for international business by unifying the regulation within the EU • When the GDPR takes effect it will replace the data protection directive (officially Directive 95/46/EC)[2] from 1995. The regulation was adopted on 27 April 2016. • It applies takes effect from 25 May 2018 after a two-year transition period and, unlike a directive, it does not require any enabling legislation to be passed by national governments. • Discussions held at ICANN 58 to explore what impact GDPR may have on WHOIS policies
  13. 13. Interconnected Reviews and Policy
  14. 14. Policy Updates: Next Gen RDS PDP Source: Next Gen RDDS PDP Slide deck @ ICANN 56
  15. 15. Policy Updates: Next Gen RDS PDP Source: Next Gen RDDS PDP Slide deck @ ICANN 57 Currently, the WG are working on Task 12.a: Deliberate on Possible Fundamental Requirements for these charter questions: • Users/Purposes: Who should have access to gTLD registration data and why? • Data Elements: What data should be collected, stored, and disclosed? • Privacy: What steps are needed to protect data and privacy? Since ICANN57, the WG have focused on Key Concepts for “thin data” and collection only, using polls to confirm informal rough consensus on 19 agreements
  16. 16. Policy Updates: Next Gen RDS PDP Source: Next Gen RDDS PDP Slide deck @ ICANN 57
  17. 17. Policy Updates: Next Gen RDS PDP Source: Next Gen RDDS PDP Slide deck @ ICANN 56  What happened at ICANN 58:  The Working Group is still working on phase 1, focused on fundamental requirements of any RDS system. Next step will be to focus on policy development. No specific timelines were provided for an initial report or other key milestones. It’s important to keep in mind the interconnectivity of this PDP to others that are in progress. • Next Steps:  Confirm that the list of possible requirements is sufficiently complete. The working group will then continue through its work plan to Task 13. • To Learn More & Join the Conversation:  https://community.icann.org/display/gTLDRDS/Next- Generation+gTLD+Registration+Directory+Services+to+Replace+Whois
  18. 18. Policy Updates: New gTLD Subsequent Procedures PDP Source: New gTLD Subsequent procedures Slide deck @ ICANN 56
  19. 19. Policy Updates: New gTLD Subsequent Procedures PDP Source: New gTLD Subsequent procedures Slide deck @ ICANN 56
  20. 20. Policy Updates: New gTLD Subsequent Procedures PDP Source: New gTLD Subsequent procedures Slide deck @ ICANN 56
  21. 21. Policy Updates: New gTLD Subsequent Procedures PDP Source: New gTLD Subsequent procedures Slide deck @ ICANN 58
  22. 22. Policy Updates: New gTLD Subsequent Procedures PDP
  23. 23. Policy Updates: New gTLD Subsequent Procedures PDP
  24. 24. Policy Updates: New gTLD Subsequent Procedures PDP  Overarching Questions:  Cancelling Subsequent Procedures: Should there in fact be new gTLD subsequent procedures and if not, what are the justifications for and ramifications of discontinuing the program  Predictability: How can changes to the program introduced after launch (e.g., digital archery/prioritization issues, name collision, registry agreement changes, public interest commitments (PICs), etc.) be avoided?  Community Engagement: How can participation from the community be better encouraged and integrated during the policy development process, implementation, and execution.
  25. 25. Policy Updates: New gTLD Subsequent Procedures PDP  Overarching Questions:  Applications Assessed in Rounds: Has the scale of demand been made clear? Does the concept of rounds affect market behavior and should factors beyond demand affect the type of application acceptance mechanism?  Different TLD Types: Does the one-size-fits-all application and review process hamper innovation? Should things such as the application process, requirements, annual fees, contractual requirements, etc. be variable based on the TLD type? For instance, should an existing Registry Operator, that is fulfilling the requirements of its Registry Agreement, be subject to a different, more streamlined, application process?
  26. 26. Policy Updates: New gTLD Subsequent Procedures PDP  Overarching Questions:  Application Submission Limits: Should there be limits to the number of applications from a single applicant/group? Consider if the round could be restricted to a certain applicant type(s) (e.g., from least-developed countries) or other limiting factor.  Variable Fees: Should the New gTLD application fee be variable based on such factors as application type (e.g., open or closed registries), multiple identical applications, or other factor?
  27. 27. Policy Updates: New gTLD Subsequent Procedures PDP  What happened at ICANN 57:  The Subsequent Procedures WG reports that several tracks are running in parallel, each dealing with 1 aspect of the PDP’s work based on charter questions. Some of the work has been completed while other larger work is taking longer. They proposed to have an initial draft out for public comment shortly after ICANN 58, with the initial report due by the end of 2017. • To Learn More & Join the Conversation:  https://community.icann.org/display/NGSPP/New+gTLD+Subsequent+Pr ocedures+PDP+Home
  28. 28. Policy Updates: New gTLD RPMs PDP Source: New gTLDs RPMs PDP Slide deck @ ICANN 56
  29. 29. Policy Updates: New gTLD RPMs PDP Source: New gTLDs RPMs PDP Slide deck @ ICANN 56 Source: New gTLDs RPMs PDP Slide deck @ ICANN 58
  30. 30. Policy Updates: New gTLD RPMs PDP Source: New gTLDs RPMs PDP Slide deck @ ICANN 57
  31. 31. Policy Updates: New gTLD RPMs PDP  What happened at ICANN 58:  The RPM review is still underway, reviewing the use and effectiveness of the TMCH, the UDRP, the URS and the less used Post Delegation Policy. As part of their initial report they are looking to propose multiple TMCH providers, in order to facilitate global use of the TMCH. They also report that review of the UDRP, URS and PDP are being conducted last as these are already implemented policies and reviewing them will take longer. • Next Steps:  Complete scoping questions for TMCH review and begin to solicit feedback on questions for analysis. The working group aims to complete its work on the TMCH by end of March 2017 and will proceed to review the remaining RPMs in sequence, culminating in a planned initial report on its Phase One work before the end of 2017. • To Learn More & Join the Conversation:  https://community.icann.org/display/RARPMRIAGPWG/Review+of+all+R ights+Protection+Mechanisms+%28RPMs%29+in+all+gTLDs+PDP+Worki ng+Group+Home
  32. 32. •Round 2? So…
  33. 33. Policy Updates: Privacy Proxy Services Accreditation
  34. 34. Policy Updates: Privacy Proxy Services Accreditation
  35. 35.  What happened at ICANN 58:  Registrar members are forming a subteam to propose a framework for registrars to use when a registrar learns that an existing registration is using an unaccredited privacy/proxy provider. The Public Safety Working Group has formed a subteam to prepare recommendations regarding law enforcement requests to privacy/proxy providers. The PSWG expects to have a draft to share in another two weeks that addresses the definition of law enforcement authority and issue of jurisdiction, definition of requirements for acceptable disclosure request, processing/prioritization, and notification to registrants. Draft policy and accreditation agreement targeted for publication in September 2017 • Next Steps:  IRT to confirm when all proposals are in place • To Learn More & Join the Conversation:  https://gnso.icann.org/en/group-activities/inactive/2016/ppsa Policy Updates: Privacy Proxy Services Accreditation
  36. 36. Root Zone Key Signing Key (KSK) Rollover • ICANN is planning to roll, or change, the “top” pair of cryptographic keys used in the Domain Name System Security Extensions (DNSSEC) protocol, commonly known as the Root Zone KSK. This will be the first time the KSK has been changed since it was initially generated in 2010. • The KSK rollover is a process, not a single event, expected to be completed in March 2018. SHARE THIS WITH YOUR TECH TEAM ASAP!!!! • An estimated one-in-four global Internet users, or 750 million people, could be affected by the KSK rollover. That figure is based on the estimated number of Internet users who use DNSSEC validating resolvers. • More info: https://www.icann.org/resources/pages/ksk-rollover
  37. 37. Questions Gretchen M. Olive Director, Policy & Industry Affairs CSC Digital Brand Services Gretchen.Olive@cscglobal.com Ben Anderson Head of New gTLD Services NetNames, A CSC Company Ben.Anderson@netnames.com Or Visit Us @ http://www.cscdigitalbrand.services

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