Description of TLD Policies

Proposal by dotLaw, Inc for gTLD - .law

I. GENERAL TLD POLICIES

E 1. General

The .law TLD will follow a set of policies and guidelines in the management and oversight of the domain. dotLaw’s policies and guidelines will generally be consistent with ICANN’s. While many of our policies may not be identical they will be similar to the following:

· ICANN register Accreditation Agreement

· NSI Registrar License and Agreement

· ICANN-NSI Registry Agreement

· Uniform Dispute Resolution Policy

Examples of our policies are set forth in the .law Domain Name Registration Agreement, which is attached as Exhibit A. We will be working with our legal team to modify and enhance these as required.

Key policies include

· Registration Policy

· Content Policy

· Dispute Resolution Policy

· Privacy Policy

Registration Policy

The registration policy provides guidelines that registrants must adhere to when registering a domain name in the .law TLD. Details of this policy can be found in the Domain Name License Agreement in Appendix B and in the Domain Name Registration Agreement in Exhibit A.

Content Policy

The content policy describes guidelines for the type of content allowed in sites registered under the .law TLD. Details of this policy can be found in Section 3 and Section 9 of the Domain Name Registration Agreement in Exhibit A.

Dispute Resolution Policy

The dispute resolution policy describes guidelines for resolving disputes related to the operation of the .law TLD. Details of our dispute resolution policy can be found in section 5 of the Domain Name Registration Agreement in Exhibit A.

Privacy Policy

This privacy policy describes how dotLaw will collect information from registrants, how we use the information we collect, and to whom and under what conditions we may disclose this information. Details of the privacy policy can be found in the Privacy Statement contained in Exhibit C and in Section 14 of the Domain Name Registration Agreement in Exhibit A.

E 2. TLD String

.law

E 3. Naming Conventions

The value of a managed domain lies in the ability to organize the information in the domain before the domain becomes populated. A hierarchy of sub-domains characterizes the organization of the domain. The .law TLD will be organized into a hierarchy of sub-domains allowing it to be managed organized and used in multiple contexts. This structure will ensure the domain is properly managed and improve the utility of the indexing and searching capabilities.

The following figure shows one way in which the .law domain hierarchy could be organized. A more thoroughly designed hierarchy would be established prior to opening registration in the .law domain.

Domain Keywords

The domain will reserve a collection of key law related terms in the sub domain. Registrants for these sub domains will likely be able to post or obtain creditable content with consistent quality on relevant subject matters. Higher-level keyword based sub domains will provide portal like access to information related to the subject matter. The Domain MetaDirectory can be used to generate links from these sites to other related sites in the domain. For example, a consumer searching for a lawyer may be to identify him/her by the law firm, individual attorney domain or practice specialty (i.e., Trusts lawyer linked to the trusts.law site).

TLD Management

Domain names classified as TLD Management will be used by dotLaw to manage the domain and provide domain level services to all domain users.

Law Firms

Law Firms may choose to register in the second level or under specific geographic sub domains. We will have a policy that law firms have first right of refusal to obtaining their firm name in the domain. We will also set up a community legal services domain site for free in any city that request the site.

Attorneys

Attorneys may register in the second level or under specific geographic sub domains. Their firms in the level directly below the firm may also register attorneys.

Geographic

The geographically organized sub-hierarchy is envisioned as a community resource. For example, the site atlanta.georgia.law might be a portal to legal services in that community where local legal public service agencies and local bar associations jointly serve their constituencies. This concept will also be applied to international geographies.

E 4. Registrars

There will only be one registry for the .Law domain. However, we plan to actively engage multiple registrars for this domain. All Registrars must be ICANN accredited. The actual selection of registrars will depend on certain market strategies, the business reputation, stability, service delivery capabilities and economic factors. The actual selection of the registrars will be a combination of our Chief Verification officer, representatives of. dotMD and input from the community The domain-holders will deal with a combination of the registry and registrar depending on the services requested by the customer. We will restrict the number of registrar’s but the exact number is still under discussion. No registrars have been selected at this time.

Potential Registrars must submit proposals to dotLaw that adhere to the policies described in this document. To ensure that TLD policies are implemented, we will perform routine checks of the site, our people will perform the verification procedures prior to approving the domain name and request community feedback on service.

dotLaw’s executive staff will include a Chief Verification Officer (CV0). The CVO’s responsibilities will include ensuring that Registrars adhere to the TLD polices.

E 5. Intellectual Property Provisions

E 5.1. Infringement countermeasures

The CVO’s office will discourage registration of domain names that infringe intellectual property rights.

E 5.2. Prescreening

Given that one of our policies will be verification of law licenses or relationship to the legal community (i.e., vendor) prior to approving the domain name, we do not anticipate this being a significant issue in the legal domain. However, the CVO’s office will determine if pre-screening is necessary and if so how it will be performed.

E 5.3. Abusive Registrations

The CVO’s office will work to prevent abusive registrations. Additionally, our policy that domain names cannot be resold and the pricing structure and services provided should limit this activity.

E 5.4. Trademarks

The CVO’s office will assure compliance with trademark and anti-cyber-squatting legislation. The domain’s policies do not allow domain name resale.

E 5.5. Famous Trademark Protection

The CVO’s office will provide special protections for famous trademarks. The domain’s policies do not allow domain name resale.

E 5.6. WHOIS

Whois data will be maintained as described in section D15.2.8.

E 6. Dispute Resolution

E 6.1. Uniform Dispute Resolution Policy

The TLD will implement and follow the Uniform Dispute Resolution Policy. At this time, we are not proposing revisions, but reserve the right to modify the policy to address issues that arise in the domain. Any significant change will be discussed with legal counsel and if appropriate, ICANN.

E 6.2. Additional Dispute Resolution Policies

Additional Dispute Resolution Policies are described in section 5 of the Domain Name Registration Agreement in Exhibit A.

E 7. Data Privacy, Escrow, WhoIs Policies

The results of a successful WhoIs search will contain only technical information about the registered domain name and referral information for the registrar of the domain name. Additional information on our policies can be found in the Privacy Statement in Exhibit C.

E 8. Billing and Collection Policy

Billing and Collection policies will adhere to industry standards.

E 9. Services and Pricing

Services and Pricing policies will be supplied separately.

E 10. Other

None at this time.

II. REGISTRATION POLICIES DURING START-UP

E 11. General

E 12. Initial Opening

The initial opening rush will be manageable in part due to the naturally restricted size of the potential registrant pool. Registration policies that prohibit domain name resale and cyber squatting will also limit the initial rush. Additionally, our registry operator has experience with this process and the technical capacity to ensure stability.

We would anticipate several thousand during the initial months of operations. Our plan is not to launch an all out marketing plan immediately, but delay it for a few months until all systems are up and tested and staff is in place to handle the volume. We are looking at a six-month start-up period starting from when we are selected.

E 13. Registrant Limits

There are currently no plans to limit the number or registrations per registrant, but these applications will be reviewed by the CVO. It is anticipated that large law firms may register hundreds of domains, one for each of their attorneys. We also do not plan to limit our registrars.

E 14. Pricing Mechanisms

There are no plans for using pricing controls to limit the initial opening rush.

E 15. Sunrise Period

The right of first refusal will be granted to law firms for the domain name that matches their firm name. We will have also identified certain key names to hold back for purposes of managing and structuring the domain.

III. REGISTRATION RESTRICTIONS

E 16. General

E 17. Registration Criteria

The application process will differ based on the specific domain name being applied for. In General, our policy will be to limit registrations only individuals and companies that have a relationship to the legal community. The specific purpose for this is to provide for appropriate control over the management of the domain in order to enhance the delegation and efficiency of the domain for its users. Examples of criteria include:

· Applications for domain names for attorneys must include proof of licensure.

Reasoning: This policy will ensure that a domain has been established for the legal profession and the Internet community will know they are reviewing web pages of professionals that have met licensure requirements. We also believe this will enhance the overall professionalism of the site.

· Applications for law firms and community legal services will have to provide evidence they are the appropriate representative of the organization. The confirmation of the information will most likely be by follow-up calls and e-mail.

Reasoning: Law firms are a significant influencer in this community and also a key element for indexing the domain. This is why we will provide first right of refusal on their name. Once the name is established, multiple indexing and TLD management opportunities exist. As for community legal services, these will be awarded free for the first site and at a discount for others. We want to make sure we give the site to the right people.

· Applications for law students will require verification of enrollment.

Reasoning: Similar to reasons above, to maintain professionalism of the site and to provide another opportunity for effective management of the site. The proper establishment of students creates a unique sub-domain that law firms and attorneys should be comfortable in accessing to look for or evaluate potential candidates.

· Applications by for geographic domain names will be evaluated to ensure that legal content and services in the subject geographic region will be fully and fairly represented.

Reasoning: To ensure structure and reliability to any content that is in the domain.

· Applications for bar associations must provide verification of the association and that individual applying is the appropriate representative.

Reasoning: Similar to reasoning for the law firms.

· Applications for vendors will require confirmation of their involvement and business purpose for the legal community. Verification will consist primarily of review of business records and phone follow-up.

Reasoning: Again, similar to the discussions on the other categories, this process provides another opportunity for management of the domain. Properly structure and set up, the vendor sub-domain can effectively be a B-to-B opportunity with the TLD.

· The CIO’s office will be responsible for ensuring that the appropriate processes are followed for each type of registration.

E 18. Application process

The application process will be implemented as a dynamic web application that leads the applicant through a set of questions. The answers to those questions will be used to dynamically adjust the amount and types of information requested from the applicant. Analogous offline applications will also be available. Applications for certain domain names will require detailed reviews of the proposed content.

E 19. Enforcement Procedures

The CVO’s office will be responsible for defining mechanisms to ensure that the registrants meet the registration criteria. Where possible, these mechanisms will be automated, such as in the verification of a law license. Enforcement procedures and mechanisms are guided by our policies as discussed in section E.1.

E 20. Appeals process

The appeals process will follow the Uniform Dispute Resolution Process Policy as defined in section 5 of the Domain Name Registration Agreement in Exhibit A.

E 21. Registration Cancellation

The procedure for third parties to seek cancellation of a TLD registration process will follow the Uniform Dispute Resolution Process defined in section 5 of the Domain Name Registration Agreement in Exhibit A.

IV. CONTEXT OF THE TLD WITHIN DNS

E 22. Benefits of TLD

Currently the Internet functions across several restricted and unrestricted generic top-level domains (gTLD’s). The legal community along with other professional communities has slowly become fractionated across the spectrum of unrestricted gTLD’s. Inherent in this approach is the fact that these domains are unregulated and sites vary widely in their quality of content

Our proposal for dotLaw is focused on the creation of a new gTLD that is sponsored and restrictive in nature to serve the international legal community. The term “Law “ is internationally recognized as to purpose and will not be subject to confusion. This domain has value in that the .law domain will be managed from the ground up, which has tremendous inherit value over unsponsored domains. Building upon the managed concept, there can be significant value of organization to the legal community, in other words a solution to information overload of the current TLDs.

The legal community is currently served by a variety of domain names within .com that cover a wide spectrum and lack any coordinated organization. A simple search of “law.com” produces over four thousands sites which range from an individual’s comments to law firm sites to legal publications to individual lawyer sites. A search of lawyers.com results in over 11,000 sites being identified. In both of these searches, the domain name offers little insight, in most cases, to the content.

Today, the Internet community can locate an attorney by knowing of an attorney search site or by knowing the name of a firm and searching for that web site. However, for the everyday consumer the size and organization of the .com, .net, and .org domains for legal services is not conducive to searches that are efficient or comprehensive.

E 23. TLD Distinction

We are proposing a sponsored/restricted gTLD because what the legal community needs is a methodology to harness their information but in a way that benefits a fairly well defined group of professionals. The distinction we are seeking is to develop this site through careful management and stewardship and to obtain input from the community on TLD policies. The community provides a unique opportunity thought the numerous national and local bar associations around world to obtain the input from organizations whose mission is to serve the interest of the community

This TLD would become the legal professionals domain with policy guidance that serves the interest of the community and provides for effective and efficient searches within the domain.

We will accomplish the objectives through some very carefully thought out steps, including but not limited to:

· Develop a conceptual structure of the domain prior to start –up and then withhold certain key names for the purpose of organizing and managing the site. For example, “Law Firms” will be withheld to create the law firm index within the domain.

· Require verification of individuals applying for a domain name. (See E.17);

· Not allow reselling of domain names;

· Have law firm representatives on our Board

· Establish a policy-formulation committee that involves the members of the legal community (i.e., bar associations, lawyers, vendors, etc.), and;

· Provide domain names free to community legal services.

These distinctions will allow for the establishment of a professionals domain and will benefit the Internet community through ease of use and enhancing the structure and reliability of content and search results.

E 24. Market Served

The .law gTLD would serve the international legal community including private practice attorneys, law firms, corporate counsel, community legal services, bar associations, continuing legal education providers, law students and schools, the legal vendor community (i.e., legal research) and other ancillary support services (court reporters, trial graphic, copy centers, etc). The relative size of the community can be measured by the following:

· Over 3,000,000 lawyers worldwide;

· Over 44,000 law firms in the United States;

· Hundreds of national, state and local bar associations;

· Thousands of vendors, and;

· Hundreds of law schools around the world.

This community is served in the current DNS by a disjoint collection of .com, .net and .org sites. This statement is supported by the following examples:

· Most law firms use domain names that range from full names to a short abbreviation.

Ø agg.com

Ø mgklaw.com

Ø sa.com

Ø nixonpeabody.com

· Vendors include:

Ø law.com

Ø aba.net

Ø geocities.com (law librarians)

Ø Indian-law.com

There are legal search sites that will look up the name, address and a brief bio, there are legal research sites that focus primarily on lawyers, and there are web sites for the attorneys. In essence .law would capture all of these areas but in a managed process and build the platform for these groups to interact through.

E 25. Enhancing DNS ability to meet presently unmet needs

26.

.law would enhance the delegation of DNS in this community by establishing a site through domain names where a search can be made by lawyer, law firm, specialty, education, special interest, geographic location or on a topic they have recently written on. .law will effectively give an attorney their own web page that will then be linked to a variety of other site indexes. The community receives the benefit of professionals who have fulfilled our verification policies, reliable content and an efficient and focused search for legal information under one domain .law.

Further, the .law managed TLD will provide enhanced utility by providing a navigational structure to the .law domain. The phenomenally popular hierarchical navigation aids Yahoo has created by overlaying an index on top of the current DNS will be implicitly defined in the .law domain. Navigation aids for the geographic sub-domains of the .law TLD can be automatically generated through the DNS.

E 27. Enhanced Competition

The .law managed TLD will present new arenas of competition for domain-name registration services. The .law domain offers the legal community the ability to start over and create a structure that fits their needs. We believe once branded, the .law domain will be the professional domain offering a managed alternative that meets and serves the needs of the Internet community. If accomplished, this will create competition.

V. VALUE OF PROPOSAL OS PROOF OF CONCEPT

E 28. Proof of Concept

See E.29

E 29. Concepts to be proved/disproved

dotLaw,Inc. proposes to sponsor a new managed gTLD, which is restricted as to registration and content. Several new concepts will be evaluated in this process:

1. The registration will be restricted to qualified applicants to assure population of this new domain only by professionals who are credentialed and in good standing within the legal community. This process will require the cooperation of local bar associations and the efforts of a Chief Verification Officer (CVO) within dotLaw to confirm that this occurs appropriately. To our knowledge a professional society has not previously had their own gTLD within which to offer this membership qualification.

2. Hundreds of legal subjects such as trusts.law will be directly available on the site, written by lawyers in a generalized fashion, and not requiring a conventional search engine to locate. The information will be guaranteed to be related directly to the subject and can be located in an intuitive timely fashion.

3. The enhanced website given to each registrant will be far more functional than static information pages that comprise most sites today. Many legal indexes will launch from the site and daily content services can be pushed to these sites to keep each registrant’s site current and interesting. More importantly, the areas of interest of the registrant such as trusts or real estate will be listed on the site and linked directly to the subject index without a search engine. The unique properties of a managed domain allow the person reviewing a subject to immediately locate a practitioner in their area who has an interest or expertise in that field.

4. Large law firms post white paper or policy reviews within their websites for their own clients. These resources are not indexed or searchable on the web and go unnoticed by the public at large and prevent the public from reaching many experts in their respective legal areas. Like the areas of interest or fields of practice listed on a registrant’s site, these opinions would also link directly to the .Law subject index furthering enhancing the benefits of this type of domain.

5. The dotLaw domain name server and related hardware will be housed in a tier one Exodus hosting facility on the Internet backbone. Many large clients of large law firms are also hosted on an Exodus facility. This will allow for the dotLaw server to be hardwired within Exodus to the client’s server producing absolute security between the .Law address of the law firm and their client for the transfer of sensitive documents.

6. Charitable legal services often do not have the resources to develop an effective Internet presence for their clientele. dotLaw plans to facilitate their presence on the Internet with sites for legal aid and other related community services.

7. Content on the .Law sites will have to adhere to the policies and ethical standards described in detail earlier in this document. Complaints and problems with content or conduct on the domain will be immediately addressed by dotLaw and a request made to correct the problem. The nature of a restricted sponsored domain means that there is an organization, which is involved and empowered to carry out this role. The managed nature of the domain affords control over the domain name server and provides ultimate control over quality by “turning off” the IP address of registrants who don’t comply with reasonable requests for change.

8. The ancillary support services for the legal profession should also benefit from a dedicated managed professional domain. The extent to which they participate will be easily evaluated during this initial domain introduction process.

E 30. Concept Evaluation Criteria

The introduction of the .Law domain will allow all of the above features to be offered and evaluated. In particular, the dotLaw CVO will be able to assess the issues involved in credentialing registrants on a restricted professional domain. The public will validate whether the subject section with indexing to practitioners is of value and activity within these sub domains can be easily tracked. Successful development of charitable legal support services will be easily confirmed by contacting the program managers of those services. Records of the need for policing of domain conduct and disciplinary action will be kept and will document what issues are involved in monitoring the quality of conduct on a restricted and managed professional domain.

We feel a managed and restricted professional legal domain is potentially a very powerful development tool for the international legal community as a whole. The longer the period before evaluation, the better the chance that these feature will have had a chance to mature. Crude success will largely be quantified simply by the number of domain registrations and the traffic within the subject index system. However registrant satisfaction surveys can also be sent if additional detailed information is required.

E 31. Assisting management of the DNS

E 32. Additional reasons for introducing this TLD

In more global sense the dotLaw initiative also tests a fundamental new concept of the role of a “domain to business” (D2B) and “domain to consumer” (D2C) model through a for profit sponsored organization. This allows for a well-defined structure to the domain before introduction and an orderly population and management of the domain space over time. Many additional issues will inevitably surface from this experience which will help everyone define the ultimate role of further restricted and managed professional domains on the Internet of tomorrow.