Communiqué of the Governmental
25 May 1999
BERLIN, TUESDAY, 25 MAY 1999 - The Government Advisory Committee
was holding its second meeting today. The attending Committee members,
representing over 33 national governments, multinational governmental
organisations and treaty organisations, issued the following statement:
1. The Committee has established its Operating Principles and remains
committed to its stated position of implementing efficient procedures
in support of ICANN.
2. The GAC requests that ICANN amend its Bylaws to ensure that the
Membership definitions for the GAC in the Bylaws align with the Membership
definitions in the adopted Operating Principles.
3. The Committee has had fruitful discussions around substantive issues
relating to the usage of the Internet across the worldwide community,
the administration of the country code top level domains (ccTLDs), and
the WIPO Internet domain name process. The Committee initiated a positive
and constructive process for addressing these and other significant
Internet policy issues, and as a consequence makes the following recommendations
to the ICANN Board.
- With regard to the text of the WIPO final report on the Internet
domain name process, that:
1. The GAC welcomes the World Intellectual Property Organisation
(WIPO) report on the Management of the Internet Names and Addresses
and endorses the general principles developed in the report related
to best practice, Administrative Dispute Resolution (ADR), abusive
domain name registration, and generally to help resolve differences
between domain name and intellectual property rights address holders.
The GAC notes, that, for the time being, the proposed trademark
policy and disputes policy recommended by the WIPO report could
be applied to gTLD's including existing and future Registries
2. The GAC reaffirms the requirement for transparency and reliability
of DNS registration data, as recommended by the WIPO report, and
requests that ICANN put in place an appropriate system to authorise
and ensure access to data, consistent with applicable law or standards,
including defining the purposes of such access.
3. In view of the extensive public international consultations
undertaken by WIPO in cooperation with ICANN during 1998-1999,
we look to ICANN's procedures to result in rapid resolution of
the issues concerning dispute settlement and treatment of well
known and famous marks. Specifically, the GAC calls on ICANN to
report on implementation of the dispute settlement proposals by
its Santiago meeting and to engage in further consultations with
the Supporting Organisations and Advisory Committees with respect
to the treatment of well known and famous marks.
- With regard to the Management of the ccTLDs of External and/or Dependent
Where the delegate of a ccTLD does not have the support of the
relevant community, in the context of the ISO 3166 Code, and of
the relevant public authority or government, that, upon request,
ICANN exercise its authority with the utmost promptness to reassign
4. The GAC will have further discussions with regard to domains containing
restrictions or conditions on registration that serve to ensure certainty
with respect to the applications and enforcement of laws, as opposed
to domains containing no such restrictions or conditions on registrations.
5. The next face-to-face meeting of the Committee will be held to coincide
with the next meeting of the ICANN Board.
ICANN is a new, non-profit, international corporation formed to oversee
a select range of Internet technical management functions currently managed
by the U.S. Government, or by its contractors and volunteers. Specifically,
ICANN is taking over responsibility for co-ordinating domain name system
management, IP address space allocation, protocol parameter assignment
co-ordination, and root server system management.
ICANN has a truly international board of directors. Its interim board
is finalising ICANN's by-laws and procedures and working to pave the way
for a smooth and stable transition from the present technical management
system. The board's interim chairman is Esther Dyson, the chairman of
EDventure Holdings, which publishes the monthly Release 1.0 newsletter
and sponsors the annual PC Forum and High-Tech Forum in Europe. Other
members have been drawn from nations and leadership positions from around
the world. The interim board members will be replaced by board members
elected by four different constituency groups, collectively representing
a broad range of the Internet's technical and user communities around
The open Public Meeting, held in Berlin on 25th and 26th May is the fourth
in a series of meetings to form the structure by which the ICANN's technical
coordination and policy functions will be handled in the future. A press
conference will be held at the end of the series of meetings on Friday,
28th May at 10:00 (CET) to discuss the results of the meeting.
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