Hi Bruce, Thank you for sending this around. I agree that we are making significant progress on these recommendations. A request on the wording below. Where we say "freedom of speech" it should really be "freedom of expression" because that is the term used in the international agreements we refer to. (It is mainly legal texts in the USA that refer to "expression" as "speech".) Thanks again! Robin Bruce Tonkin wrote:
Hello All,
Below is a plain text version of the new gTLD recommendations as changed during the call.
They are getting better all the time :-)
Regards, Bruce Tonkin
1 ICANN must implement a process that allows the introduction of new top-level domains.
The evaluation and selection procedure for new gTLD registries should respect the principles of fairness, transparency and non-discrimination. All applicants for a new gTLD registry should therefore be evaluated against transparent and predictable criteria, fully available to the applicants prior to the initiation of the process. Normally, therefore, no subsequent additional selection criteria should be used in the selection process.
2 Strings must not be confusingly similar to an existing top-level domain.
3 Strings must not infringe the existing legal rights of others that are recognized or enforceable under generally accepted and internationally recognized principles of law.
Examples of these legal rights that are internationally recognized include, but are not limited to, rights defined in the Paris Convention for the Protection of Industrial Property (in particular trademark rights), the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (in particular freedom of speech rights).
4 Strings must not cause any technical instability.
5 Strings must not be a Reserved Word.
6 Strings must not be contrary to generally accepted legal norms relating to morality and public order that are enforceable under generally accepted and internationally recognized principles of law.
Examples of such limitations that are internationally recognized include, but are not limited to, restrictions defined in the Paris Convention for the Protection of Industrial Property (in particular restrictions on the use of some strings as trademarks), and the Universal Declaration of Human Rights (in particular limitations to freedom of speech rights).
7 Applicants must be able to demonstrate their technical capability to run a registry operation for the purpose that the applicant sets out.
8 Applicants must be able to demonstrate their financial and organisational operational capability.
9 There must be a clear and pre-published application process using objective and measurable criteria.
10 There must be a base contract provided to applicants at the beginning of the application process.
11 (intentionally blank)
12 Dispute resolution and challenge processes must be established prior to the start of the process.
13 Applications must initially be assessed in rounds until the scale of demand is clear.
14 The initial registry agreement term must be of a commercially reasonable length.
15 There must be renewal expectancy.
16 Registries must apply existing Consensus Policies and adopt new Consensus Polices as they are approved.
17 A clear compliance and sanctions process must be set out in the base contract which could lead to contract termination.
18 If an applicant offers an IDN service, then ICANN's IDN guidelines must be followed.
19 Registries must use ICANN accredited registrars.
20 An application will be rejected if it is determined, based on public comments or otherwise, that there is substantial opposition to it from among significant established institutions of the economic sector, or cultural or language community, to which it is targeted or which it is intended to support.