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| | ===Manwin Anti-Trust Lawsuit=== | | ===Manwin Anti-Trust Lawsuit=== |
| | [[Manwin]], one of the most prominent adult content producers on the Internet, filed an Anti-Trust suit against both [[ICM Registry]] and ICANN over the creation and implementation of the .xxx TLD. This legal action took place in November, 2011, well after the TLD's approval and just before its general availability.<ref>[http://www.thedomains.com/2011/11/16/bbreaking-owner-of-youporn-com-plans-to-file-suit-against-icm-icann-over-xxx/ Owner of YouPorn.com Plans to File Suit Against ICM ICANN over XXX, TheDomains.com]</ref> It also filed an [[Independent Review Panel]] (IRP) Request with ICANN, making it only the second company ever to do so (the first being ICM Registry itself). Manwin felt that ICANN's decision to allow .xxx into the root did not “adequately address issues including competition, consumer protection, malicious abuse and rights protection prior to approving the .xxx TLD."<ref>[http://domainincite.com/youporn-challenges-new-gtlds-with-review-demand/ YouPorn Challenges New gTLDs with Review Demand, DomainIncite.com]</ref> | | [[Manwin]], one of the most prominent adult content producers on the Internet, filed an Anti-Trust suit against both [[ICM Registry]] and ICANN over the creation and implementation of the .xxx TLD. This legal action took place in November, 2011, well after the TLD's approval and just before its general availability.<ref>[http://www.thedomains.com/2011/11/16/bbreaking-owner-of-youporn-com-plans-to-file-suit-against-icm-icann-over-xxx/ Owner of YouPorn.com Plans to File Suit Against ICM ICANN over XXX, TheDomains.com]</ref> It also filed an [[Independent Review Panel]] (IRP) Request with ICANN, making it only the second company ever to do so (the first being ICM Registry itself). Manwin felt that ICANN's decision to allow .xxx into the root did not “adequately address issues including competition, consumer protection, malicious abuse and rights protection prior to approving the .xxx TLD."<ref>[http://domainincite.com/youporn-challenges-new-gtlds-with-review-demand/ YouPorn Challenges New gTLDs with Review Demand, DomainIncite.com]</ref> |
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| − | ===New gTLD Senate and House of Representatives Hearings===
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| − | On December 8, the U.S. Senate Committee on Commerce, Science, and Transportation held a hearing, lobbied for by [[ANA]], regarding to ICANN's new gTLD program. Speakers included Senior Vice President of ICANN, [[Kurt Pritz]]; [[Fiona Alexander]], Associate Administrator of the Office of International Affairs at [[NTIA]]; [[Dan Jaffe]], Executive Vice President of Government Relations for ANA; [[Esther Dyson]], who served as ICANN's Founding Chairman (1998-2000), speaking as an independent investor; and Senior Vice President and General Counsel of the YMCA [[Angela Williams]], speaking on behalf of [[NPOC]].<ref>[http://www.circleid.com/posts/20111208_us_senate_committee_holds_hearing_on_icanns_new_tld_expansion/ US Senate Committee Holds Hearing on ICANN's New TLD Expansion, circleid.com]</ref> Senate officials present included: Committee Chairman Jay Rockefeller (D-WV); Sen. Amy Klobuchar (D-Minn), Sen. Kelly Ayotte (R-N.H.),<ref>[http://adage.com/article/digital/senate-implores-icann-slow-roll/231478/ Senate Implores ICANN to Slow Its Roll but Admits It Can't Do Anything to Stop It, adage.com]</ref> and Sen. Maria Cantwell (D-Wash).
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| − | Sen. Rockefeller stated his support of the new gTLD program, claiming that he believed it was pro-competition and pro-innovation, but that the roll-out should be slower and more cautious. He cited the potential for fraud, consumer confusion, and cybersquatting as massive, requiring a phased implementation.<ref>[http://domainincite.com/notes-from-the-senate-new-gtlds-hearing/ Notes from the Senate new gTLDs hearing, domainincite.com]</ref>
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| − | One of biggest the concerns expressed was that companies, including not-for-profits, would have to spend a lot of money to prevent [[cybersquatting]] and typosquatting. Dyson argued that the new TLD program "create[s] opportunities for entrepreneurs but [doesn't] really create any value for the economy." Pritz explained that defensive registration will likely not be as necessary as companies believe, as many of the new TLDs will not be big or open enough for cybersquatters to take advantage. Additionally, several new trademark protections had been built into the expansion strategy, making the new TLDs better protected against cybersquatters than those currently available.
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| − | Sen. Ayotte expressed concerns that adding significantly more TLDs would create a challenge for law enforcement officials to police websites.
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| − | Another major concern, voiced by ANA, was that there was no consensus on the program, and that the date for the application period to open was arbitrary.<ref>[http://adage.com/article/digital/senate-implores-icann-slow-roll/231478/ Senate Implores ICANN to Slow Its Roll but Admits It Can't Do Anything to Stop It, adage.com]</ref>
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| − | In a letter dated December 8th, the same day as the Senate hearing, twenty-eight domain name industry participants wrote to Sen. Jay Rockefeller and Sen. Kay Bailey Hutchison to support the new gTLD program. They supported ICANN's argument that the program would be innovative and economically beneficial, and that the program had taken lots of people a long time to develop, hence it had not been rushed.<ref>[http://domainincite.com/new-gtld-industry-pleads-with-senators/ New gTLD industry pleads with senators]</ref>
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| − | On December 14, a second hearing was held, hosted by the House of Representatives Energy and Commerce Committee. Those speaking at this hearing were Fiona Alexander from NTIA, Dan Jaffe from ANA, Kurt Pritz from ICANN, [[Employ Media]] CEO [[Thomas Embrescia]], and [[Joshua Bourne]] representing [[CADNA]].<ref>[http://news.dot-nxt.com/2011/12/13/house-hearing-testimonies What the House testimonies tell us, dot-nxt.com]</ref>
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| − | The result of the House hearing was the suggestion that the program be delayed until there is a consensus between all relevant stakeholders, made by Rep. Eshoo. Pritz and Alexander came to the defense of ICANN's [[Multistakeholder Model]], arguing that the process had not been rushed. It had taken ICANN seven years to get to the point where all the issues had been discussed and no new issues were being raised, during which time they had consulted all the relevant stakeholders. Alexander made the point that "consensus" does not always mean "unanimity."
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| − | [[CADNA]], a long-time opposer to ICANN and the new gTLD program, also came to the support of ICANN. CADNA's change of heart came about as their sister group, [[FairWinds Partners]], decided to provide new gTLD consultancy services. Bourne praised [[.xxx]]'s novel trademark protection mechanisms, saying they should be mandatory for all new gTLDs, and claimed that Congress could help in fighting cybersquatters by revising the old US [[Anticybersquatting Consumer Protection Act]]. He did, however, request that ICANN announce dates for subsequent application rounds, in order to relieve the "condition of scarcity" that this uncertainty created.<ref>[http://domainincite.com/congressmen-ask-for-new-gtlds-delay/ Congressmen ask for new gTLDs delay, domainincite.com]</ref>
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| − | The following week, the US Congress sent a letter addressed to ICANN President and CEO Rod Beckstrom and Board Chairman Steve Crocker, asking ICANN to delay the new gTLD program. The letter was signed by seventeen Congressmen, lead by Rep. Fred Upton. The letter cited their concern about the significant uncertainty about the process for businesses, non-profit organizations, and consumers. The suggested delay would serve to allow time for these groups to have their concerns alleviated.
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| − | <ref>[http://domainincite.com/congressmen-ask-icann-to-delay-new-gtlds/ Congressmen ask ICANN to delay new gTLDs]</ref> Steve Crocker later said that there would be no delay or restriction to the program, and it would proceed as planned.<ref>[http://news.dot-nxt.com/2011/12/30/icann-chair-no-delay-to-gtld-program ICANN Chair: We will not delay or restrict new gTLD program, dot-nxt.com]</ref> On January 3rd, ICANN's executive team met with [[Michael Salazar]], the New gTLD Program Director, to confirm the program's readiness. Each critical aspect was analyzed through a meeting with the executive in charge and in the end Salazer and ICANN's COO [[Akram Atallah]] gave the final approval to move forward. Updates were released on areas of concern that had been expressed through the Senate and House hearings, including on the [[Trademark Clearinghouse]] and the timing for the next round of applications.<ref>[http://blog.icann.org/2012/01/icann-stands-ready-for-new-gtld-launch/ ICANN Stands Ready for New gTLD Launch, ICANN Blog]</ref><ref>[http://www.icann.org/en/minutes/board-briefing-materials-1-05jan12-en.pdf gTLD Operational Readiness, ICANN Board minutes, 1/5/12]</ref>
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| | =References= | | =References= |