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=== New gTLD Senate and House of Representatives Hearings ===

=== New gTLD Senate and House of Representatives Hearings ===

On December 8, [[U.S. Congress|the U.S. Senate]] Committee on Commerce, Science, and Transportation held a hearing, lobbied for by [[ANA]], regarding to ICANN's new gTLD program. Speakers included Senior Vice President of ICANN, [[Kurt Pritz]]; [[Fiona Alexander]], Associate Administrator of the Office of International Affairs at [[NTIA]]; [[Dan Jaffe]], Executive Vice President of Government Relations for ANA; [[Esther Dyson]], who served as ICANN's Founding Chairman (1998-2000), speaking as an independent investor; and Senior Vice President and General Counsel of the YMCA [[Angela Williams]], speaking on behalf of [[NPOC]].<ref>[http://www.circleid.com/posts/20111208_us_senate_committee_holds_hearing_on_icanns_new_tld_expansion/  US Senate Committee Holds Hearing on ICANN's New TLD Expansion, circleid.com]</ref> Senate officials present included: Committee Chairman Jay Rockefeller (D-WV); Sen. Amy Klobuchar (D-Minn), Sen. Kelly Ayotte (R-N.H.),<ref>[http://adage.com/article/digital/senate-implores-icann-slow-roll/231478/ Senate Implores ICANN to Slow Its Roll but Admits It Can't Do Anything to Stop It, adage.com]</ref> and Sen. Maria Cantwell (D-Wash).

On December 8, 2011, [[U.S. Congress|the U.S. Senate]] Committee on Commerce, Science, and Transportation held a hearing, lobbied for by [[ANA]], regarding to ICANN's new gTLD program. Speakers included Senior Vice President of ICANN, [[Kurt Pritz]]; [[Fiona Alexander]], Associate Administrator of the Office of International Affairs at [[NTIA]]; [[Dan Jaffe]], Executive Vice President of Government Relations for ANA; [[Esther Dyson]], ICANN's Founding Chairwoman (1998-2000), speaking as an independent investor; and Senior Vice President and General Counsel of the YMCA [[Angela Williams]], speaking on behalf of [[NPOC]].<ref>[http://www.circleid.com/posts/20111208_us_senate_committee_holds_hearing_on_icanns_new_tld_expansion/  US Senate Committee Holds Hearing on ICANN's New TLD Expansion, circleid.com]</ref> Senate officials present included: Committee Chairman Jay Rockefeller (D-WV); Sen. Amy Klobuchar (D-Minn), Sen. Kelly Ayotte (R-N.H.),<ref>[http://adage.com/article/digital/senate-implores-icann-slow-roll/231478/ Senate Implores ICANN to Slow Its Roll but Admits It Can't Do Anything to Stop It, adage.com]</ref> and Sen. Maria Cantwell (D-Wash).

Sen. Rockefeller stated his support of the new gTLD program, claiming that he believed it was pro-competition and pro-innovation, but that the roll-out should be slower and more cautious. He cited the potential for fraud, consumer confusion, and cybersquatting as massive, requiring a phased implementation.<ref>[http://domainincite.com/notes-from-the-senate-new-gtlds-hearing/ Notes from the Senate new gTLDs hearing, domainincite.com]</ref>  

Sen. Rockefeller stated his support of the new gTLD program, claiming that he believed it was pro-competition and pro-innovation, but that the roll-out should be slower and more cautious. He cited the potential for fraud, consumer confusion, and cybersquatting as massive, requiring a phased implementation.<ref>[http://domainincite.com/notes-from-the-senate-new-gtlds-hearing/ Notes from the Senate new gTLDs hearing, domainincite.com]</ref>  

One of biggest the concerns expressed was that companies, including not-for-profits, would have to spend a lot of money to prevent [[cybersquatting]] and typosquatting. Dyson argued that the new TLD program "create[s] opportunities for entrepreneurs but [doesn't] really create any value for the economy." Pritz explained that defensive registration will likely not be as necessary as companies believe, as many of the new TLDs will not be big or open enough for cybersquatters to take advantage. Additionally, several new trademark protections had been built into the expansion strategy, making the new TLDs better protected against cybersquatters than those currently available.

One of biggest concerns expressed was that companies, including not-for-profits, would have to spend a lot of money to prevent [[cybersquatting]] and typosquatting. Dyson argued that the new TLD program "create[s] opportunities for entrepreneurs but [doesn't] really create any value for the economy." Pritz explained that defensive registration will likely not be as necessary as companies believe, as many of the new TLDs will not be big or open enough for cybersquatters to take advantage. Additionally, several new trademark protections had been built into the expansion strategy, making the new TLDs better protected against cybersquatters than those currently available.

Sen. Ayotte expressed concerns that adding significantly more TLDs would create a challenge for law enforcement officials to police websites.

Sen. Ayotte expressed concerns that adding significantly more TLDs would create a challenge for law enforcement officials to police websites.

The result of the House hearing was the suggestion that the program be delayed until there is a consensus between all relevant stakeholders, made by Rep. Eshoo. Pritz and Alexander came to the defense of ICANN's [[Multistakeholder Model]], arguing that the process had not been rushed. It had taken ICANN seven years to get to the point where all the issues had been discussed and no new issues were being raised, during which time they had consulted all the relevant stakeholders. Alexander made the point that "consensus" does not always mean "unanimity."

The result of the House hearing was the suggestion that the program be delayed until there is a consensus between all relevant stakeholders, made by Rep. Eshoo. Pritz and Alexander came to the defense of ICANN's [[Multistakeholder Model]], arguing that the process had not been rushed. It had taken ICANN seven years to get to the point where all the issues had been discussed and no new issues were being raised, during which time they had consulted all the relevant stakeholders. Alexander made the point that "consensus" does not always mean "unanimity."

[[CADNA]], a long-time opposer to ICANN and the new gTLD program, also came to the support of ICANN. CADNA's change of heart came about as their sister group, [[FairWinds Partners]], decided to provide new gTLD consultancy services. Bourne praised [[.xxx]]'s novel trademark protection mechanisms, saying they should be mandatory for all new gTLDs, and claimed that Congress could help in fighting cybersquatters by revising the old US [[Anticybersquatting Consumer Protection Act]]. He did, however, request that ICANN announce dates for subsequent application rounds, in order to relieve the "condition of scarcity" that this uncertainty created.<ref>[http://domainincite.com/congressmen-ask-for-new-gtlds-delay/ Congressmen ask for new gTLDs delay, domainincite.com]</ref>

[[CADNA]], a long-time opponent of the new gTLD program, also came to the support of ICANN. CADNA's change of heart came about as their sister group, [[FairWinds Partners]], decided to provide new gTLD consultancy services. Bourne praised [[.xxx]]'s novel trademark protection mechanisms, saying they should be mandatory for all new gTLDs, and claimed that Congress could help in fighting cybersquatters by revising the old US [[Anticybersquatting Consumer Protection Act]]. He did, however, request that ICANN announce dates for subsequent application rounds, in order to relieve the "condition of scarcity" that this uncertainty created.<ref>[http://domainincite.com/congressmen-ask-for-new-gtlds-delay/ Congressmen ask for new gTLDs delay, domainincite.com]</ref>

The following week, the US Congress sent a letter addressed to ICANN President and CEO [[Rod Beckstrom]] and [[ICANN Board|Board]] Chairman [[Steve Crocker]], asking ICANN to delay the new gTLD program. The letter was signed by seventeen Congressmen, lead by Rep. Fred Upton. The letter cited their concern about the significant uncertainty about the process for businesses, non-profit organizations, and consumers. The suggested delay would serve to allow time for these groups to have their concerns alleviated.

The following week, the US Congress sent a letter addressed to ICANN President and CEO [[Rod Beckstrom]] and [[ICANN Board|Board]] Chairman [[Steve Crocker]], asking ICANN to delay the new gTLD program. The letter was signed by seventeen Congressmen, lead by Rep. Fred Upton. The letter cited their concern about the significant uncertainty about the process for businesses, non-profit organizations, and consumers. The suggested delay would serve to allow time for these groups to have their concerns alleviated.

<ref>[http://domainincite.com/congressmen-ask-icann-to-delay-new-gtlds/ Congressmen ask ICANN to delay new gTLDs]</ref>

<ref>[http://domainincite.com/congressmen-ask-icann-to-delay-new-gtlds/ Congressmen ask ICANN to delay new gTLDs]</ref>

There was also a letter sent by two Congressman, Bob Goodlatte and Howard Berman, to the [[Department of Commerce]], in which they asked for a delay to the new gTLD program, and asked a number of questions on the Department's own preparedness and handling of the affair. They ask if ICANN is actually following its [[Affirmation of Commitments]] with the Department, and what the Department is doing to ensure that ICANN is following these commitments and protecting American businesses.<ref>[http://domainnamewire.com/2011/12/20/two-congressmen-ask-commerce-department-for-delay-to-new-tlds/ Two Congressmen Ask Commerce Department For Delay to New TLDs, DomainNameWire.com]</ref>

There was also a letter sent by two Congressman, Bob Goodlatte and Howard Berman, to the [[Department of Commerce]], in which they asked for a delay to the new gTLD program, and asked a number of questions on the Department's own preparedness and handling of the affair. They asked if ICANN is actually following its [[Affirmation of Commitments]] with the Department, and what the Department is doing to ensure that ICANN is following these commitments and protecting American businesses.<ref>[http://domainnamewire.com/2011/12/20/two-congressmen-ask-commerce-department-for-delay-to-new-tlds/ Two Congressmen Ask Commerce Department For Delay to New TLDs, DomainNameWire.com]</ref>

In response to all of this, [[Lawrence Strickling]], of the [[Department of Commerce]]'s [[National Telecommunications and Information Administration]], sent a letter to ICANN chastising it for its poor outreach program and the miseducation going on about its new gTLD program. In his letter, addressed to [[ICANN Chairman|Chairman]] [[Steve Crocker]], Mr. Strickling urged ICANN to more successfully showcase their new gTLD expansion program, and especially emphasize the number of built-in protections for trademark owners.<ref>[http://www.ntia.doc.gov/files/ntia/publications/ntia_letter_on_gtld_program_jan_3_2012.pdf NTIA Letter on gTLD Program Jan 3 2012, ntia.doc.gov]</ref>  

In response to all of this, [[Lawrence Strickling]], of the [[Department of Commerce]]'s [[National Telecommunications and Information Administration]], sent a letter to ICANN chastising it for its poor outreach program and the confusion regarding its new gTLD program. In his letter, addressed to [[ICANN Chairman|Chairman]] [[Steve Crocker]], Mr. Strickling urged ICANN to more successfully showcase their new gTLD expansion program, and especially emphasize the number of built-in protections for trademark owners.<ref>[http://www.ntia.doc.gov/files/ntia/publications/ntia_letter_on_gtld_program_jan_3_2012.pdf NTIA Letter on gTLD Program Jan 3 2012, ntia.doc.gov]</ref>  

Mr. Strickling notes that NTIA has no plan or desire to actually interfere in the process after the 6 years of work and the imminent launch, but he does lament the number of problems that have been created largely by [[ICANN]]'s poor outreach and education. NTIA identified 3 specific things to address: to educate trademark owners about measures in place allowing them to forego [[Defensive Registration|defensive registrations]]; to immediately implement consumer protections it has already devised; and to generally better educate all stakeholders. However, NTIA did suggest and open up the possibility of adding further protections once the application pool is closed and NTIA, alongside [[ICANN]]'s [[GAC]], had a chance to review the pool of applicants and reflect on what further steps could  be taken in the [[SLD|second level]].<ref>[http://www.ntia.doc.gov/files/ntia/publications/ntia_letter_on_gtld_program_jan_3_2012.pdf NTIA Letter on gTLD Program Jan 3 2012, ntia.doc.gov]</ref> The full letter can be seen [http://www.ntia.doc.gov/files/ntia/publications/ntia_letter_on_gtld_program_jan_3_2012.pdf here].

Mr. Strickling notes that NTIA has no plan or desire to actually interfere in the process after the 6 years of work and the imminent launch, but he does lament the number of problems that have been created largely by [[ICANN]]'s poor outreach and education. NTIA identified 3 specific things to address: to educate trademark owners about measures in place allowing them to forego [[Defensive Registration|defensive registrations]]; to immediately implement consumer protections it has already devised; and to generally better educate all stakeholders. However, NTIA did suggest and open up the possibility of adding further protections once the application pool is closed and NTIA, alongside [[ICANN]]'s [[GAC]], had a chance to review the pool of applicants and reflect on what further steps could  be taken in the [[SLD|second level]].<ref>[http://www.ntia.doc.gov/files/ntia/publications/ntia_letter_on_gtld_program_jan_3_2012.pdf NTIA Letter on gTLD Program Jan 3 2012, ntia.doc.gov]</ref> The full letter can be seen [http://www.ntia.doc.gov/files/ntia/publications/ntia_letter_on_gtld_program_jan_3_2012.pdf here].