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[council] Motion from IDNG

  • To: "'Council GNSO'" <council@xxxxxxxxxxxxxx>
  • Subject: [council] Motion from IDNG
  • From: "Edmon Chung" <edmon@xxxxxxxxxxxxx>
  • Date: Wed, 12 May 2010 14:01:31 +0800
  • List-id: council@xxxxxxxxxxxxxx
  • Sender: owner-council@xxxxxxxxxxxxxx
  • Thread-index: AcrxmI10MAi0bXIfQ5yu2q2WdKQTmQ==

Hi Everyone,

After much discussion at the IDNG Drafting Team, and as updated in previous 
council meetings, we have identified a particular issue related to (but not 
exclusively caused by) IDN TLDs.  Below is a proposed motion for the council's 
consideration (also attached).

Edmon


================================

1.0 Background
In the GNSO Council’s final report to the Board regarding the introduction of 
new gTLDs 
(http://gnso.icann.org/issues/new-gtlds/pdp-dec05-fr-parta-08aug07.htm ), 
Recommendation 2 states, “Strings must not be confusingly similar to an 
existing top-level domain or a Reserved Name.” In the latest version of the 
Draft Applicant Guidebook, version 3 (DAG3), which can be found at 
http://www.icann.org/en/topics/new-gtlds/draft-rfp-clean-04oct09-en.pdf, the 
String Review step in the Initial Evaluation process includes a test to 
determine “Whether the applied-for gTLD string is so similar to others that it 
would cause user confusion” (Section 2.1).  

Section 2.1.1.1 goes on to describe the String Similarity Review as follows:

“This review involves a preliminary comparison of each applied-for gTLD string 
against existing TLDs and against other applied-for strings. The objective of 
this review is to prevent user confusion and loss of confidence in the DNS.

“The review is to determine whether the applied-for gTLD string is so similar 
to one of the others that it would create a probability of detrimental user 
confusion if it were to be delegated into the root zone. The visual similarity 
check that occurs during Initial Evaluation is intended to augment the 
objection and dispute resolution process (see Module 3, Dispute Resolution 
Procedures) that addresses all types of similarity.

“This similarity review will be conducted by an independent String Similarity 
Panel.”

In its work on the topic of internationalized generic top level domain names 
(gTLDs), the GNSO IDNG Drafting Team (DT) discovered what it believes is a 
possible missing element in the String Similarity Review process that may be 
critical in achieving the objectives of GNSO Recommendation 2.   The DT 
discussed various circumstances where strings that may be designated as 
visually similar may not be detrimentally similar and believes that both 
factors must be considered in the initial string similarity review as well as 
in any subsequent reviews that may occur as a part of dispute resolution 
procedures if those occur.

The IDNG DT identified two cases that illustrate their concern and recognizes 
that there could be others.

The IDNG DT noted that DAG3 does not allow for extended evaluation for the case 
of initial string evaluation related to the issue of confusing similarity of 
strings and recommends that the next version of the DAG be modified to do so.  
That then raises the issue with regard to what criteria should be in the 
extended evaluation process.
2.0 Proposed Motion
Whereas:

• The Draft Applicant Guidebook, Version 3 does not include an option for an 
extended evaluation for strings that fail the initial evaluation for confusing 
similarity and likelihood to confuse;
• The IDNG Drafting Team established by the GNSO Council has discussed various 
circumstances where strings that may be designated as confusingly similar in 
the initial evaluation may be able to present a case showing that the string is 
not detrimentally similar to another string;
• The GNSO Council in Recommendation #2 on the GNSO Final Report on the 
Introduction of New gTLDs in September 2007 intended to prevent confusing and 
detrimental similarity and not similarity that could serve the users of the 
Internet;
• The IDNG Drafting Team also discussed the possibility of creating a Working 
Group to further discuss the condition under which such non-detrimental 
similarity could occur and the conditions under which such similarity could be 
allowed. The Drafting Team was, however, unable to reach consensus on 
recommending the creation of such a working group at this time.

Resolved:

The following letter be sent to Kurt Pritz, and copied to the ICANN Board, 
requesting that Module 2 in the next version of the Draft Applicant Guidebook 
regarding "Outcomes of the String Similarity Review" be amended to allow 
applicants to request Extended Review under applicable terms similar to those 
provided for other issues such as "DNS Stability: String Review Procedure".


To:   Kurt Pritz and members of the ICANN New GTLD Implementation Team,
CC:  ICANN Board

The GNSO Council requests a change to Module 2 of the Draft Applicant 
Guidebook.  Specifically, we request that the section on "Outcomes of the 
String Similarity Review" be amended to allow applicants to request Extended 
Review under applicable terms similar to those provided for other issues such 
as "DNS Stability: String Review Procedure".  We further request that a section 
be added on String Similarity - Extended Review that parallels other such 
sections in Module 2.

This request is seen as urgent because there are conditions under which it may 
be justified for applicants for a string, which has been denied further 
processing based on visual confusing similarity by the Initial Evaluation, to 
request extended evaluation to evaluate extenuating circumstances in the 
application that may make the application one where such similarity would not 
constitute detrimental similarity.  This may occur, inter alia, in cases such 
as:

• The same registry operator (for an existing gTLD or a proposed new gTLD) 
could apply for a string that is similar to an existing or applied for string 
in a manner that is not detrimentally similar from a user point of view.  For 
example, it is possible that an applicant could apply for both a 
Letter-Digit-Hyphen (LDH) gTLD in ASCII and a corresponding Internationalized 
Domain Name (IDN) gTLD that could be deemed to be similar but not cause 
detrimental confusion that the GNSO recommendation was trying to avoid.
• A situation where there is an agreement between a new applicant Registry 
Operator and the Registry Operator of an existing LDH gTLD that allows for 
better service for the users in the geographical area where the new gTLD will 
be offered.  For example, MuseDoma, the registry operator for .museum could 
enter into an agreement with a new gTLD applicant to offer an IDN version of 
.museum for a specific language community.  The two strings might be judged to 
be similar but not detrimentally similar.

We thank you for your prompt attention to this GNSO council request.




Attachment: idng-letter-motion-20100512.doc
Description: MS-Word document



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