E0 Executive summary of the GNR proposal
E0.1 What is being proposed
This proposal is for an unsponsored TLD that targets
individuals rather than corporations for a personal domain space and it is
being made by the Global Name Registry (GNR).
The suggested TLD is .NAME, and significant research has
been done to establish the acceptance and need for the string. We have also in
this application requested or foreseen the creation of .NOM, .SAN, .XING and .JINA, as reflections of the “name”
concept in other languages and cultures.
Language and culture are ways in which we express our individuality and we
expect this individuality to be reflected in various TLD strings after
successfully proving the need for a .name.
To date, the Internet has been dominated by the English
speaking nations (largely because of market demands) and Internet based
identification has reflected those forces.
The .COM, .NET and .ORG domains are readily differentiated in respect to
purpose and our proposal seeks to create a clear and unambiguous label that is
semantically different from all other TLDs.
This not only differentiates our users, but it also enhances the
structure of the DNS by creating a hierarchy of need. In our case, it’s the needs of the individual. Imagine the advantage of being able to
search for your family by finding all the domain holders that have your
surname!
Geographical diversity and representation of interests is
also a key aspect of the GNR proposal and as a pan-European organisation that
will also have an office in the USA , we are well placed to serve a worldwide
audience.
Clearly, the current market needs to be serviced, but most
would agree that the greatest opportunities for expanding the influence and
usefulness of the Internet lie in new markets.
Countries such as Germany, Japan, Canada and the UK are natural
extensions to the large and established market in the USA.
GNR is equally committed to servicing the needs of all
users around the world and will measure its success (in part) on the breadth,
as well as depth, of its offering.
E0.2 Why do we believe we need it ?
The primary driver is user demand
The concept of a personal domain space has existed for
some time and the GNR proposal is a response to this need. A survey recently conducted by
Nameplanet.com (the world’s largest provider of personal email) to 100,000 of
its users showed that over 60% believed they would use a personal domain and of
those, 10% were prepared to pay for it.
Extrapolate these figures to the broader Internet community and this
equates to tens of millions of users.
In fact, our research indicates that upward of 100 million people could
have a personal domain space within the next 5 years.
The second reason is differentiation
Current TLDs such as .COM, .NET and .ORG are (in part)
intended to separate users into categories of interest but there is no
distinction between the individual and the corporate and inevitably, large
companies and organizations are able to dominate the space. Even the use of domain names from ccTLD’s
are limited in that they reflect a geographical orientation and in many cases
this distinction is a reflection of availability rather than a desire to have
an identified nationality.
The .NAME domain identifier is independent of location and
commercial orientation and the extension of this concept to .XING, .SAN etc
will further differentiate the user base.
The TLDs requested are all intended to convey the concept
of how we identify ourselves, that is, by our names and the way in which we do
this varies across geographical and cultural borders. For example, to those people of African decent, regardless of
where they are domiciled, it is our hope that the .JINA (a Swahili word for
name) might be a more meaningful identifier than .NAME. Of course, there are practical and
commercial considerations to be considered in establishing multiple TLDs such
as this, but GNR intends to be at the forefront of innovation and user demand
will ultimately drive these considerations.
The third reason is availability
Any user who has tried to register a .COM or .NET domain
name will have experienced the shortage of Internet “real estate”. But will a new TLD expand the space or
merely create another mechanism by which a few users (or groups) can dominate
the turf ? The GNR proposal addresses
some of these issues by only allowing registration on the third level. If your last name is “Smith” or “Li”, the
current system means that only one user can own smith.com or li.net. Under the GNR proposal, we will control
smith.name and li.name and therefore John Smith and Mary Smith and Graeme Smith
and Anson Li and Wu Li will have equal
opportunity to own their personal space.
It’s not just about availability; it’s also about diversity
The .COM, .NET and .ORG TLDs dominate a market that is
calling out for diversity. Although the
concept of a personal TLD has previously been suggested, its introduction on a
global basis is a compelling proposal to increase the diversity of the domain
space.
E0.3 Who is the Global Name Registry ?
The Global Name Registry (GNR) is a new company that
blends experience, wisdom, business acumen and technical expertise into one
consortium.
The system infrastructure and hosting comes from IBM. The funding and management input comes from
Venture Partners and Four Seasons and the market experience in dealing with a
business dedicated to the individual user comes from Nameplanet.com.
The combination of the world’s largest holder of over
700,000 personal emails (Nameplanet.com) and the world’s largest provider of IT
systems and solutions (IBM) teaming with investors who measure their combined
portfolios in billions of dollars delivers a world class, “best of breed”
solution.
GNR has in the application process approached persons with
significant experience in different aspects of the Internet. Julie Meyer,
co-founder of First Tuesday, and Michael Dillon, a well known name and
person in the DNS community, have both accepted to be non-executive directors
in the company. GNR aims to have a world class Board of Directors who represent
all facets of the user, technical and Internet regulatory communities and will
be committed to making this a safe, secure and dynamic environment.
E0.4 How will it be managed ?
Through a well known channel
GNR is proposing to market the .NAME TLD exclusively via
ICANN accredited Registrars. Further,
there will be no charge to the Registrars (new or old) to become GNR accredited
and existing methods for registering domain names via Network Solutions will be
maintained.
The concept will be to maintain the best elements of the
current model with a minimum of change and create an atmosphere that encourages
growth and competition.
In safety
Whilst there will be no requirement for Registrars to
change their systems in any way, GNR is proposing a simpler and more secure
registration protocol that is protected by hardware encryption.
With no preferential treatment
The .NAME TLD is intended for individuals and for personal
use. There is no pre-registration
period. All Registrants will be
required to certify their bona fide interest in registering a domain name for
personal use and they may be required to produce evidence of this interest in
the event of a dispute.
The wide variance of convention in respect to the
structure and expression of a person’s name (including nicknames) is such that
screening processes (by comparing names to a pre-determined list), or even
potential trademark issues are virtually impossible to implement. Further, the fact that a trademark may exist
in a corporate environment does not necessarily exclude its availability for
personal use.
We are, however, committed to protecting the rights of
trademark and service mark holders and are proposing to introduce a system by
which holders of these marks can be notified of potential infringements.
As registrations will only be allowed on the third level,
the advantage to “squat” or “warehouse” names is greatly reduced. In other words, because GNR will hold the
lastname.name (eg, smith.name and li .name), and register the third level only
(as in john.smith.name or wing.li.name) this element is not attractive.
Lastly, GNR will fully implement the tried and tested
Uniform Dispute Resolution Policy (UDRP) to deal with any issues of
dispute. The rules in this area are
clear and it discourages deliberate breaches of the guidelines. Whilst this is not a perfect answer, it is
the fairest.
For a creative and innovative future
Our marketing plans are simple, yet effective and the
proposal outlines possible future expansions to the service. This might include micro-sites (the concept
is not dissimilar to geocities), email on the 2nd level (such as firstname@surname.name) and even the
provision of multi-lingual domain names.
E1. Description of TLD Policies
– general
The fundamental tenet of the GNR proposal is that there
exists a significant worldwide market for the creation of a personal domain
space that reflects the needs of an individual and not those of commerce. Our research (see D15.2.4) and experience
(see D13.1-D13.1.4) has shown that people are attracted to the prospect of
having a domain space reserved for personal use.
The .NAME top level domain shall serve the need for domain
name addresses, granting individuals the possibility of registering an Internet
address that includes their first and last names or names by which they might
be known (such as a nickname) for private use.
The contractual structure will be such that GNR operates
the .NAME registry under an Agreement with ICANN. Companies that are accredited
by ICANN under a Registrar Agreement will operate the Registrar functions.
The Registrant, or holder of a specific domain name, will
have a contractual relationship with both GNR as the Registry and its chosen
Registrar.
The contractual relationships will be as follows:
GNR – ICANN (Registry Agreement) (See Appendix.E.1)
GNR – Registrar (Registrar Agreement) (See Appendix.E.2)
GNR – Registrant (Terms and Conditions) (See Appendix.E.3)
Definitions
The word “personal” in the context of the GNR proposal is
intended to mean an individual and not a legally incorporated entity.
The words “personal use” are intended to mean that there
is no commercial intention or activity.
“Sunrise period” is defined to mean the period of time
leading up to and including launching of the GNR service (post ICANN
delegation) plus 30 days. GNR reserves
the right to extend the sunrise period indefinitely and at its own discretion.
Structure
Individuals can register and hold domain names under the
.NAME top level domain. No specific
limitation to the number of domain names an individual can register or hold is
implied.
Registrants will be required to declare that the domain
name being applied for is intended for personal use and that there exists a
relationship between the name being applied for and the registrant. Such proof of relationship may be required
in cases of a dispute.
Registrations are open on the third level only.
No registrations will be accepted on the second level.
A domain name eligible for registration will consist of
the following elements: “firstname.lastname.NAME”, where the first name
constitutes a third level registration, the surname constitutes a second level
registration, and .NAME constitutes a
top level domain.
The corresponding email address will take the following
form:
“something@firstname.lastname.NAME”.
Notwithstanding the above, an email address can alternatively, or
additionally, have the following form firstname@surname.NAME
(for future services as described in D13.2.4.5).
Domain names are allocated on a first come, first served
basis and a “round robin” allocation process will apply.
Registrations for a domain name can only be submitted
through ICANN Accredited Registrars.
During the sunrise period, holders of registered national
trademarks and service marks will be invited to submit strings for inclusion in
the trademark list. Trademark and
service mark holders can be advised
(via a Registrar) when domain names are registered which match the string(s)
supplied.
Disputes in respect to domain names will be referred to
the UDRP process.
Data protection
The Registry will adhere to all applicable data protection
legislation. As a UK incorporated
entity, GNR is subject to the UK Data Protection Act 1988.
Payment
If a domain name is transferred, a transfer fee will
apply.
If a domain name is cancelled or suspended the
registration fee will not be repayable.
Whois
The Registry will operate two types of WHOIS-database
search facilities.
Public search
A free, publicly available mechanism will be
available. The system will return 1
record and the information will be limited to;
·
Domain name
·
Registrar
·
Registrar WHOIS
·
Registrar URL
·
Nameserver/s
·
Modification date
Contact details regarding the Registrant of that domain
name will be available from the corresponding Registrar.
The information returned via the Registrar WHOIS will be;
·
Domain Name
·
The full name of the registrant/administrative contact,
technical contact and billing contact
·
The contact details of the administrative contact,
technical contact and billing contact, including postal, facsimile, telephone
and email.
·
The date when the address was registered
·
Expiration date
·
The date of last modification
Registrar Search
GNR recognises the need to protect Intellectual Property
rights and, in particular reference to ICANN resolution of July 16th,
2000, will introduce special measures for the sunrise period.
GNR will maintain a cross-registry database. Access is permitted to all data as approved
by appropriate data protection laws.
The information will only be available to GNR accredited Registrars via
a protected area on the GNR web site.
Information will be available to all Registrars, regardless of which
Registrar the domain name application is held or was processed by. Registrars must demonstrate to GNR that
they have the capability to manually process the requests from the trademark or
service mark holder and have certified to GNR that they have satisfied themselves
of the identity and rights of trademark or service holders for which this
service is being requested. (See D13.2.1 for a detailed description)
The Registry will not charge for this service.
Further, GNR will introduce an Automated String
Notification System. The system will
return a notification to the appropriate Registrar of new domain name
registrations that match a string(s).
For example, a Registrar may request notification of any domain name
registration that includes “ibm” or “ford” in the string.
The Registry will charge Registrars for this service.
Dispute Resolution
GNR will fully adopt the ICANN Uniform Dispute Resolution
Policy (UDRP). GNR will not participate
in the administration or conduct of any proceeding before an Administrative
Panel. In addition, GNR will not be liable as a result of any decisions
rendered by the Administrative Panel.
English law shall govern GNR policies and the legal
relationship between the Registrant and the Registry.
Any dispute with GNR shall be subject to online
arbitration by eResolution (URL: http://www.eresolution.ca)
under its General Arbitration Procedure. Each party shall bear its own legal
costs and split the arbitration fees with an equal amount each. Either party
may bring the dispute before English courts within one month after the decision
of eResolution. The costs before the
ordinary courts shall follow the ordinary rules of civil procedure.
The domain name policies may change from time to time.
Such changes will be reflected in the domain name policy document and a notice
will be given on the GNR web site. Notice may also be given via email to the
registered email addresses and/or to the email addresses registered as legal
handle.
E2 TLD string
At this time, English is the language of choice for the
majority of Internet users and therefore GNR is positioning its offering as “A
.name for everyone”, but it is intended for this concept to be transposed to a
multitude of other languages and hence, GNR is requesting the following TLD
strings.
·
.NAME
·
.NOM (from the Latin meaning name)
·
.XING (a Mandarin word denoting name)
·
.SAN (Japanese honorific title)
·
.JINA(Swahili for name)
It is proposed that GNR would market .NAME as the first
offering with the other strings being introduced when user demand
warrants.
E3 Naming conventions
The concept described in this section has been formulated
through the experience of Nameplanet.com, which has, in a few short months,
become the largest provider of personal email addresses of the format firstname.lastname.com The service currently has over 700,000
registered users and is growing at 5% per week.
Nameplanet.com has gained knowledge a about large number
of the world’s last names and, not surprisingly, most people share their last
name with hundreds (or thousands) of others.
The ideal situation would be a top level domain for each last name such
as .smith, .jones, and .andersson. This would fulfill a significant market
where people desire to have an Internet address only containing their
name. The introduction of thousands
(perhaps millions) of toplevel domains, each equaling a surname is impractical
for the DNS, both under the present and foreseeable future circumstances.
For those people who wish to have a domain name
corresponding to their last name, the current system of issuing second level
domains only affords the opportunity for one person or organization to obtain
the domain name. The primary issue here
is the lack of availability of second level domain names for the available
top-level domains. Further, even users
are able to secure a second-level name, they are still forced to use a
top-level domain that doesn’t reflect their personal use.
GNR proposes to approach this problem by retaining
“ownership” of both the top level and second level, and only allowing
registrations (via Registrars) on the third level. In essence, this is similar
to having top level domains of the type .smith.name, .jones.name,
.andersson.name (or .smith.nom, .jones.nom, .andersson.nom). Registrations can only be done on third
level, but on any conceivable second level. In practice, this means that any
last name in the world will be available for third level registrations, and
this effectively creates an infinite hierarchy under the top- level domain.
The proposed system is in many ways similar to that of
several country code top-level domain such. .uk, .as and .au, who have
established categories within the second-level domain. The Australian
AUnic for instance has established
categories such as .com.au (commercial), .net.au (Internet) etc including a
.id.au for individuals. This increases their domain name space compared to the
country code top-level domains who allow registrations on the second level,
such as the German .de.
The GNR proposal takes the model further than the
Australian .id.au, since it will only allow registrations on the third or
“firstname” level, thereby opening the surname for all individuals carrying
that surname, but with a different first name.
The following figure illustrates the approach:
From a DNS perspective, this creates much more efficient
sharing of the domain name space, and moves the strain on DNS servers further
down the hierarchy
E4 Registrars
The basic policy of GNR will be to foster the expansion of
the personal domain market through a network of ICANN accredited
Registrars. All existing ICANN
accredited Registrars will be invited to also become .NAME Registrars.
There will be no restriction to the number of Registrars.
The negative effects of limiting the amount of Registrars
outweigh any need to “dampen” Registrations in the initial phase. It is impractical to select which Registrars
should be allowed to register domain names in the initial period. Further, such a scheme would unnecessarily limit
competition on the Registrar level.
Roles, functions & responsibilities
Registry
The Registry will be responsible for managing the
operations of the domain name database and the second level DNS and
implementing ICANN policy for its base of Registrars.
The Registry will also be responsible for the marketing of
the TLD string(s) and concept. It will
have a dynamic relationship with the Registrars by assisting in establishing
registration systems (consultancy) and managing the expansion of new Registrars
in new markets.
The Registry will manage a cross-registry database for the
duration of the sunrise period as described in E1.4.7 WHOIS.
The Registry will only have contact with the domain name
holder in the special circumstance as described in Section D15.2.3 as it
relates to a domain name holder wishing to transfer between Registrars without
a password. In this special case, an
end-user can request the transfer password be sent directly (via email) from
the Registry. It is the Registrant’s
responsibility to keep the email address to which this message will be sent and
all other contact details current.
Registrars
The Registrar’s role is to have the relationship with the
Registrant, take payments and make the appropriate modifications in the
Registry database on behalf of the Registrant.
Registrars will maintain a log of all activity in relation
to each domain name.
During the sunrise period, Registrars will be required to
provide all applicable data for the Registry to manage the cross-registry database
as described in E1.4.7 WHOIS.
Registrars will implement procedures sufficient to
minimise the possibility of spam.
Accreditation policies
Any ICANN Accredited Registrar will be accepted as a GNR
Registrar.
Registrar’s agreement
The GNR – Registrar Agreement will be governed by English
law.
Disputes between GNR and the Registrars will be handled
online through eResolution.
Registrar Policies
Registrations will only be possible on the third level.
Only ICANN accredited Registrars will be accepted by GNR.
As ICANN accredited Registrars, each Registrar will be
responsible for end-user commitment to ICANN policies.
There are no policies that need to be technologically
enforced.
GNR respects the right of every Registrar to set their own
pricing policy for domain name registration and any associated services.
Registrant Policies enforced by the
Registrars
The Registrant agrees to abide by UDRP.
Registrant certifies their bona fide to the name being
registered and that the registration is intended for personal use.
WHOIS data
Registrars will be required to provide accurate WHOIS data
in escrow for the Registry to transfer to another Registrar in case of business
failure.
Registrars agree that a cross-registry database will be
maintained by GNR for (at least) the duration of the sunrise period and that
all appropriate data elements in respect to Registrants will be no more than 7
days old.
Transfers between Registrars
All domain name owners will have an explicit right to
transfer the management of their domain name details (and the associated
billing rights) between Registrars
The Registry will be entitled to charge a Transfer Fee
The Registrar from whom the service is transferred is not
entitled to charge a fee
The Registrar from whom the service is transferred will be
required to delete all contact details and WHOIS information within 30 days
Prohibited List
A list of prohibited names will be maintained on the GNR
web-site and will include names for the second and third levels.
Without limitation, on the second level, this list shall
include the word “example” as per RFC2026 “nic”, “www” and “registry”
Without limitation, on the third level, this list shall
include “email”, “www”, “hostmaster”, “postmaster” “mail” and “webmaster”,
“info”, “w3”, “wap”, “phone”, “tel”.
Single letter domain names on either the second or third
level will not be permitted
E5
E5.1. What measures will be taken to discourage registration of domain
names that infringe intellectual property rights?
GNR Registrars will be required to inform new Registrants
that the Registry is managing a cross-registry database and that dispute
resolutions will be referred to the UDRP process.
New Registrants will be required to complete an online
declaration that will include Intellectual Property provisions.
Since the .NAME is intended for personal use only and the
use of a personal name is not necessarily an infringement of trademark (as the
use of street names is not a trademark infringement), no other special
provisions will be undertaken.
Trademark owners will not be able to register a domain
name before the launch of the service.
Trademark and service mark holders will be able to register a string(s)
as per the E1.4.7 WHOIS during the sunrise period.
The safeguard that the trademark owner has is to bring a
claim under the UDRP. This procedure
has a deterrent effect on registrations and use of domain names that might
infringe intellectual property rights.
E5.2. If you are proposing pre‑screening for potentially infringing
registrations, how will the pre‑screening be performed?
We are not proposing to pre-screen applications. Alternatives have been considered, but none
are practical.
A system to compare the registration with a list of known
names, first names and last names has been considered. Names that are on this
list could be either denied as not being a name or made subject to a special
registration procedure. Doubtful names
could be posted on a publicly available list for a short period to allow for
objections to be raised.
The GNR proposal seeks to provide a personal domain space
to a worldwide audience. Given the
diversity of language and culture in respect to how an individual is
recognized, it is difficult to document what is a name, and it is unlikely that
all possible combinations (including nicknames) can be captured and maintained
in a list.
Secondly, we have considered comparing proposed
registrations with a list of trademarks. This solution is not viable. As with
combinations of names, a trademark list is difficult to administer and the fact
that there exists a trademark does not necessarily exclude other uses of the
same name. This same principle applies
for examples such as street names.
Pre-screening for registrations that are intended for
personal use has to be assessed in the context for which the domain name is
being used. The UDRP policy is specific
in respect to the obligations of Registrars and Registrants in applying for
domain name registration and the dispute resolution process is an accepted
practice by which disputes are resolved.
Further, GNR will implement a procedure for trademark and
service mark holders to be notified of potential infringements as described in
E1.4.7.
E5.3. What registration practices will be employed to minimize abusive
registrations?
The term “abusive registrations” is broad and defined in
our context as breaches of the UDRP guidelines.
The GNR will implement a policy of issuing passwords with
registrations. This process will
minimize fraudulent applications and is described in D15.2.4.
The difference between personal and commercial use of a
domain name is important in considering whether a registration is abusive or
not and whether it infringes on intellectual property rights. Deciding whether
a registration is abusive or not is impractical at the point of registration
without any information on how the domain name will be used.
Even the use of hate speech, racial or defamatory speech
is difficult to police. The arbitrary
exclusion of a name or names on this basis does not necessarily mean that the
name is not protected by free speech considerations under a number of other
jurisdictions.
The GNR as a Registry should, to the largest extent
possible, maintain a hands-off policy with regard to registrations and the use
of domain names. The GNR is a “transmitter” of registry services; and will
neither select nor deny a Registrant; it will not select or modify the domain
name that the Registrant wishes to register; and it will not initiate any
registration other than through general marketing. GNR will not monitor the
registrations and the use of domain names, ex officio. On the contrary, if the GNR were to exert an
influence on any of the above items, it might lose its immunity under Article
12 and 15 in the EU Directive on E-commerce, that is likely be implemented by
all EU countries.
GNR will implement any administrative or court order under
Section 2, Article 12 of the EU directive, and remove infringing or abusive
registrations under the relevant jurisdiction. Under US jurisdiction, GNR will ensure
compliance with the US Online Copyright Infringement Liability Limitation Act
(Title II in the Digital Millennium Copyright Act).
Legislation, enacted by competent legislators, strikes a
fair balance between the problem of abusive registrations and the problem of
censorship and pre-monitoring.
E5.4. What measures do you propose to comply with applicable trademark and
anti‑cybersquatting legislation?
The cross-registry as described in E1.4.7 WHOIS will be
managed by GNR for the duration of the sunrise period.
A fundamental difference in the GNR proposal is that only
third level domain names are to be released.
The potential for squatting or warehousing is dramatically reduced by
the very nature of this approach. The appropriate forum for determining the
bona fide of names to be issued on the third level is with an independent
process. The UDRP is a clear and
specific process and will be adopted in full by GNR.
E5.5. Are you proposing any special protections (other than during the
start‑up period) for famous trademarks?
No special protections are proposed for famous trademarks.
E5.6. How will complete, up‑to‑date, reliable, and conveniently
provided Whois data be maintained, updated, and accessed concerning
registrations in the TLD?
Refer also to D15.2.8 for this subject.
WHOIS data will be updated continuously. Registrations
done through the RRP are querying the database directly and will get real-time
results, while the publicly available WHOIS service will have a time-delay
equal to the update frequency.
If a Registrar wants to register a domain name for a
client, it can either request registration directly, or the public WHOIS
service will give information on whether the domain name was registered at the
time of the last update.
If a domain name is
registered in the period between the last WHOIS update and the request from the
Registrar, the request will be rejected.
E6. Describe the policies for domain name and other dispute resolution
Since the registrations of .NAME domain names will be
offered world-wide and without any restriction as to nationality or geography,
it is difficult to foresee laws that may apply to the service. In principle GNR
might be subject to the laws and jurisdictions of each country in which
Registrants reside.
The UDRP is the process by which disputes will be
resolved.
As legal conditions vary across international boundaries,
the GNR will be governed by English law.
E6.1. To what extent are you proposing to implement the Uniform Dispute
Resolution Policy?
We are proposing to implement the policy in its entirety.
E6.2. Please describe any additional, alternative, or supplemental dispute
resolution procedures you are proposing.
We are proposing that disputes between the Registry and
domain name holders shall be resolved by way of online arbitration conducted by
eResolution.
E7. Data Privacy, Escrow, and Whois. Describe the proposed policies on data
privacy, escrow and Whois service
The Registry is established in the UK and must therefore
adhere to the UK Data Protection Act 1998 and the corresponding EU Directive on
Data Protection 1995. The act can be found at
“http://www.legislation.hmso.gov.uk/acts/acts1998/19980029.htm”. Any
breach of this act is considered a criminal offence.
The Data Protection Commissioner describes the act and its
eight principles the following way:
Anyone processing personal
data must comply with the eight enforceable principles of good practice. They
say that data must be:
·
fairly and lawfully processed;
·
processed for limited purposes;
·
adequate, relevant and not excessive;
·
accurate;
·
not kept longer than necessary;
·
processed in accordance with the data subject's
rights;
·
secure;
·
not transferred to countries without adequate
protection.
Personal data covers both
facts and opinions about the individual. It also includes information regarding
the intentions of the data controller towards the individual, although in some
limited circumstances exemptions will apply. With processing, the definition is
far wider than before. For example, it incorporates the concepts of
'obtaining', holding' and 'disclosing'.
The Registry must notify the UK Data Protection
Commissioner on what data it will obtain from the registrants. Further, the
Registry must notify the Commissioner on what data it will disclose and make
available on the Internet through a WHOIS service.
Our WHOIS-service will be searchable on domain names, but
not on personal names. The latter will of course not have any affect if the domain name also equals the name of the
holder. However, keep in mind that we are proposing that both individuals and
organizations can register an unlimited amount of domain names under the .NAME
TLD.
The information that will be supplied is the name and
address of the holder of the specific domain name; the date when the domain was
registered; and the IP number of the two domain servers.
E8 Billing and Collection
Billing of the Registrars will be done in an identical
fashion to how it is done by Network Solutions with ICANN Accredited Registrars
today. This includes the following elements of billing and collection from the
Registrars:
a)
Surety Instrument
i)
The Surety Instrument is a financial guarantee that would be
employed by the Registry if faced with a third party claim in which the
Registrar did not indemnify the Registry. The Surety Instrument must be for the
amount of One Hundred Thousand US Dollars ($100,000).
b)
Payment Security
i)
The minimum Payment Security must be equal to at least the
number of anticipated monthly registrations times the number of years (minimum
one year and maximum of ten years) multiplied by the annual registration fee.
Acceptable vehicles to satisfy the payment security are:
(1)
Cash Deposit;
(2)
Irrevocable Standby Letter of Credit; or
(3)
Payment Security Bond from an approved surety or bank
ii)
The amount of the Payment Security establishes the Credit
Limit in the Shared Registration System. The registration volume during a
billing cycle may not exceed the credit limit, and low balance notices will be
sent to the routine email contact when the Registrar’s remaining credit balance
falls below a pre-established threshold.
E9 Services and Pricing
New registrations (1st year): 5 USD (plus applicable
Business Development Fund levy)
Transfers between Registrars: 5 USD
Registry interface client software licence: No charge
Renewals: Applicable annual charge (see D13.2.1)
Registry-Registrar interface set-up assistance: Standard
consultancy fees.
Automated String Notification System: 0.25 USD per record
returned
E10 other policies
Besides pre-payment, Registrars will also be required to
provide the minimum data elements as for ICANN requirements in respect to gTLDs
and to state:
1.
That the name being sought has a correlation to the Registrant
2.
That the Registrant accepts the obligation to a) refrain from
any illegal activities using the domain name, b) keep all registration data
current and accurate, and c) use the domain name only for personal use.
3.
That the Registrant understands that the .name registration
can be cancelled for failure to fulfill these obligations.
4.
That the Registrar has informed the Registrant of a) the
existence of a password for domain name transfer between Registrars, b) that
transfers will only be approved by the Registry with the correct
transfer-password.
GNR will require that the Registrar be obligated to
conduct (at the time of registration) at least a minimum level of automatic
screening for false contact data or registrations that violate the TLD’s
charter and that the Registrar should reject any registration that is
incomplete.
E11
No answer required
E12 Sunrise period solutions
GNR will be implementing a sunrise period as described in
E1.
From a technical perspective, the technical system will
ensure a fair and orderly registration process at all times and allows for
software controls on volume of registrations (see D15.2.2).
In all other respects, registrations are only being
allowed on the third level and therefore the perceived advantage of registering
a domain name on the second level that excludes all future uses of that name
are eliminated.
For example, a purchase of smith.name under a second level
domain name system would preclude any further use of the “smith” name. This creates a demand for the more desirable
names and encourages “squatting” on potentially useful names. Under the GNR method, John Smith, Mary Smith
and Robert Smith would all have equal opportunity to purchase a domain name as
the allocation would be for john.smith.name, mary.smith.name and
robert.smith.name (or any variation thereof).
As the potential combination of names (including
nicknames) is almost limitless and laws in respect to trademarks are not
conclusive (certainly not globally), GNR will accept all registrations and rely
upon the established UDRP principles and processes to deal with disputes.
GNR will not accept any pre-registrations. All registrations will be treated equally
and in the manner described as the “round robin” method.
The allocation of domain names on a first-come,
first-served principle functions well in an established environment such as the
one that exists for .COM. A new TLD is
likely to create significant interest and the prospect of coincidences and
nano-seconds deciding who gets a certain domain name is not optimal. GNR will implement a ”first come, first
served” principle with regard to registrations. Each Registrar is able to register one domain name and the system
will then pass the opportunity to the next request. The very first Registrar to be assigned the first allocation
will be a random event, but each successive registration thereafter will be the
“first come, first serve” basis.
This system also makes it impossible to “warehouse”
registrations.
E13 Limits on registrations
There will be no limit on the number of registrations per
registrant.
There will be no technical limits on the number of
registrations per Registrar.
E14 Pricing mechanisms to dampen growth
The Business Development Fund program as described in
D13.2.4 will have a natural dampening effect.
A reducing scale of levy from $15 for the first 100,000 registrations
down to $1.50 for 500,001 to 750,000 registrations will apply. It is worth noting that this levy is volume
and not time-based and also totally dependent upon the forces of demand.
It is likely that the levy will be passed to Registrants
and as such, a $20 fee will inhibit growth in the earlier stages, although the
scale of this effect is currently unknown.
The Business Development Fund monies will be exclusively
used in marketing the .NAME TLD via a co-operative scheme with the Registrars.
The levy will therefore benefit positively and add to the penetration of .name
on the Internet.
E15 Sunrise period for registered trademarks
No specific mechanism for registered trademarks will be
implemented. It is assumed that only
bona fide individuals will register on this TLD. As previously described, only the third level will be allocated
and therefore people who are legitimately named (for example) Arthur Andersen,
Thomas Weisly, and Ron McDonald will apply.
Further, the applicability (and enforceability) of
trademarks in the context of personal names is untested and will not be the
responsibility of the .NAME TLD. GNR
will defer all disputes to the UDRP process.
E16. Restrictions within the TLD
As noted in the
new tld
application process overview, a restricted tld is one with enforced
restrictions on (1) who may apply for a registration within the domain, (2)
what uses may be made of those registrations, or (3) both. In this section,
please describe in detail the restrictions you propose to apply to the tld.
Your description should define the criteria to be employed, the manner in which
you propose they be enforced, and the consequences of violation of the
restrictions. Examples of matters that should be addressed are [e17 – e21]:
GNR will not impose any restrictions either on (1) who may
apply for a registration within the domain, nor (2) what uses may be made for
those registrations.
E17. Criteria for registration
in the TLD
Describe in
detail the criteria for registration in the TLD. Provide a full explanation of
the reasoning behind the specific policies chosen.
There will be no restrictions with regard to who can
register a domain name.
E18. Describe the application
process for potential registrants in the TLD
1)
Registrant
contacts Registrar, either directly, or through a reseller (ie, an organisation
that bundles services with the domain name registration)
2)
Registrant
does a WHOIS query in Registrar interface, or directly with FWHOIS, to find out
if the domain name of choice is taken.
3)
Registrant
accepts the conditions of registration.
4)
Registrant
fills out the requested information and submits it to the Registrar, including
nameservers. It is expected that if Registrant has no nameservers, the
Registrar will provide same.
5)
Registrar
accepts payment from Registrant.
6)
Registrar
logs on to the Registry and registers domain name (if available).
7)
Registry
deducts payment from the Registrar account and sends acknowledgement of
registration to the Registrar together with a password. For information in respect to the treatment
of the password, see Section
D15.2.3
8)
The domain
name is inserted into the Registry DNS servers and WHOIS servers.
9)
The domain
name goes active after the new DNS entry has replicated across the Internet.
E19. Enforcement procedures
Describe the enforcement procedures and mechanisms
for ensuring registrants meet the registration requirements
There are no
special qualifications for registering a personal domain space and therefore,
there will be no enforcement procedures when registering.
It is not a
practical possibility to have full knowledge regarding all possible
combinations of name (and even nickname) structures for a worldwide audience
and therefore any procedures that attempt to overcome this issue are not likely
to be effective. The administrative
burden upon the Registry or Registrar for the likely effect is not warranted.
There will be
no restrictions on how a name is articulated and, for example, a person with
the name Steve Martin Anderson could register any of the following
variations. Of course, these are only
examples and the possibility of choice need not be limited to these:
1)
Steve.Anderson.name
2)
Martin.Anderson.name
3)
Steve.Martin.name
4)
Steve.Nickname.name
5)
Anderson.Steve.name
6)
Anderson.Martin.name
7)
S.Anderson.name
8)
SM.Anderson.name
9)
Steve.MartinAnderson.name
10) Martin.SteveAnderson.name
This, in turn,
would lead to the possiblity for this individual to have any of the following
examples:
1)
mail@Steve.Anderson.name
2)
Steve@Martin.Anderson.name
3)
Anderson@Steve.Martin.name
4)
Martin@Anderson.Steve.name
5)
private@Anderson.Martin.name
6)
email@S.Anderson.name
7)
mail@SM.Anderson.name
8)
mail@Steve.MartinAnderson.name
9)
private@Martin.SteveAnderson.name
GNR proposes to
fully adopt the UDRP and to authorise all ICANN accredited dispute-resolution
service providers. All disputes will be
resolved via this mechanism.
E20. Describe any appeal process from denial of registration.
No registrations will be denied.
E21. Cancellation procedures
Describe any
procedure that permits third parties to seek cancellation of a TLD registration
for failure to comply with restrictions.
We are proposing an “unrestricted” top-level domain. Third
parties must therefore seek redress through UDRP or ordinary court or
administrative processes.
E22
No answer required.
E23 What will distinguish the TLD from existing or other proposed TLD’s.
How will this distinction be beneficial?
Distinguishing features
·
GNR will operate exclusively in the Personal Domain Space
and registering Personal Domain Names for individuals with no commercial
connotations.
·
Allocation will only occur on third level domains
(rather than second), and therefore create a hierarchy with more structure
adapted to last name, and higher availability of preferred addresses.
·
Services will be developed (e.g. build and manage name
microsites[1])
which will foster and promote a vision of a single unified naming solution.
·
Only ICANN accredited Registrars will be accepted as
GNR Registrars. As part of the
recruitment process, GNR will provide a range of services to allow an
individual Registrar to commence trading more speedily, safely and effectively.
·
A Business Development Fund will be established to
promote “.NAME” from an innovative global co-marketing programme which will
reduce by half the time taken to achieve 1 million users.
Benefits to individuals
The decreasing availability of domain
names that can be registered with existing services means that it is almost
impossible to get a name even aproaching your given name. With .NAME, millions of people will be able
to have exactly their names on the internet with the following benefits:
·
A more intuitive and easier mechanism for communicating
with friends and family
·
Non-commercial connotation
·
No geographical identifier
·
.NAME clearly defines purpose
Benefits to the channel
There is an acute shortage of internet
”real estate” and a new TLD’s such as
.NAME with it’s hierarchy on third level will create a new market opportunity
for all concerned.
Furthermore, the channel will benefit from
the nature of differentiation of .NAME
from the existing TLDs. .NAME has a distinct role and a clearer role for
domain registrants than today’s .com, .net and .org.
E24 The community served by the global name registry
E24.1 Definition of the community
The
domains environment (up to now) has been serving the needs of businesses and
organisations. .NAME is being proposed to specifically serve the individual
user and their families. In terms of a short definition:
“To provide an easily recognised global personal
addressing system that is reserved for the community of individual users”.
E24.2 Why this community is not adequately served by the existing DNS
The
existing DNS does not have any domains specifically designated for personal
use. Although users do register their names on global and country level
domains, and email providers such as Nameplanet.com have made great use of
lesser know ccTLD’s, these are “work around” solutions rather than servicing a
community of users. In the same way
that .COM and .ORG (in theory) distinguishes companies from organisations,
.NAME connotes a personal service allocated by a name.
E25. Please describe in detail how your proposal would enable the DNS to
meet presently unmet needs.
The success of Nameplanet.com and Mailbank.com has shown that there is a
considerable need and demand for personal identity on the web, and the growth
of service providers such as Geocities also demonstrates the demand for people
to have personal space on the web.
GNR will operate the domain differently from the existing domains. Users
will only be able to register at the third level, and in this way will increase
the likelihood of availability to users.
E26. How would the introduction of the TLD enhance the utility of the DNS
for Internet users? For the community served by the TLD?
New TLDs
enhance the utility of the DNS by the very nature of the introduction of a
hierarchy that distinguishes communities of users. In the same way that .COM and .ORG are differentiated by the
organisations that can or will utilise the domain names, .NAME appeals to those
who want to be distinguished by their name.
E27. How would the proposed TLD enhance competition in domain-name
registration services, including competition with existing TLD registries?
The .COM domain name currently accounts for almost 60% of
the total market. The introduction of
new TLD’s will increase the size of the market without impacting the existing
market. Having a .COM domain does not
preclude an individual from also owning a .NAME domain.
With the limited availability of .COM names, other
providers (such as the ccTLD’s) have offered services that meet this
demand. From a users perspective, this
is a compromise and the .NAME TLD targets those users who do not wish to have a
country (such as .as or .tv) or commercial (such as .com) connotation to their
domain name.
The .NAME TLD proposal encompasses a decreasing cost basis
to the end-user. This will grow the
market and encourage new and better services to be developed.
E28
No answer required.
E29. What concepts are likely to be proved/disproved by evaluation of the
introduction of this TLD in the manner you propose?
The market demand for personal domain
names is large and growing
That personal and business interests can
co-exist and are not mutually exclusive
The DNS will be enhanced by diversity
That demand will drive price down
E30. Evaluation of the introduction
How do you propose that the results of the
introduction should be evaluated? By what criteria should the success or lack
of success of the TLD be evaluated?
Regular, independent surveys to establish
satisfaction in 3 key areas
·
Policy.
To what extent do GNR policies on pricing, DNS availability and competition
apply and are they helping or hindering Registrars in their activities. There
might be, for example the need to modify pricing policy geographically.
·
Operations. To what extent is GNR managing effectively
the allocation of domain names.
·
Marketing. Is the co-marketing budget effective. Is the
budget large enough and fairly allocated.
The results will be published on the web site
·
Number of
personal domain names sold as a percentage of all domain names registered. These need to be taken in context with
·
·
Total number of Domains Registered
·
Total number of Personal Domains Registered
·
Total market share of Personal Domains Registered
Number of new Registrars. The number of
ICANN Accredited Registrars has increased from 1 to 119 since 1999. We would
expect that number to double in 12 months as competition increases in the
mature markets (e.g. UK, USA) and the rate of growth of the online population
in the new markets continues to increase (e.g. China, Japan).
General level of awareness and reaction to
this TLD amongst
·
Members of the internet community
·
Registrars
·
Consumers
E31. In what way would the results of the evaluation assist in the
long-range management of the DNS?
As for E25
E32. Are there any reasons other than evaluation of the introduction
process that this particular TLD should be included in the initial
introduction?
There is a large
body of data which proves that there is a pressing need for a Personal Domain
Naming solution:
·
With 18 million registrations already, .COM is full for
all three and four letter combinations.
·
Of what is considered to be the 10 largest markets with
most potential for growth 80% have restricted or semirestricted status for
individuals registering Domain names.
·
.COM/.NET/.ORG are not appropriate for individuals
·
There is latent demand (see Nameplanet.com survey
D13.2.4)