Changes

Once again, these responsibilities would be undertaken and guided by the principles of stability, competition, private bottom-up coordination, and representation.<ref name="icann-mou"></ref> The agreement established ICANN as an entity that would encourage transparency and create room for appeals for any binding decisions it would make. The Department of Commerce later noted that it was comfortable ceding its control to ICANN, as it seemed like the best step towards true privatization while still binding the authority of the institution to the American policies found within the [[MoU]].<ref name="congress">[http://commdocs.house.gov/committees/judiciary/hju63594.000/hju63594_0f.htm Congressional Hearing].Published 1999 July.</ref> The original agreement was set with an expiration of September 30th, 2000.<ref name="icann-mou"></ref> The [[MoU]] has been amended several times.

Once again, these responsibilities would be undertaken and guided by the principles of stability, competition, private bottom-up coordination, and representation.<ref name="icann-mou"></ref> The agreement established ICANN as an entity that would encourage transparency and create room for appeals for any binding decisions it would make. The Department of Commerce later noted that it was comfortable ceding its control to ICANN, as it seemed like the best step towards true privatization while still binding the authority of the institution to the American policies found within the [[MoU]].<ref name="congress">[http://commdocs.house.gov/committees/judiciary/hju63594.000/hju63594_0f.htm Congressional Hearing].Published 1999 July.</ref> The original agreement was set with an expiration of September 30th, 2000.<ref name="icann-mou"></ref> The [[MoU]] has been amended several times.

ICANN's bottom-up focus and its periodic structural reviews lead to revision of its [[ICANN Bylaws|bylaws]] and the introduction of new entities and policies. One such rush of changes happened in and around the year 2000, when the prospective changes and the discussions surrounding them spurned people to talk of "ICANN 2.0".<ref>[http://llr.lls.edu/volumes/v36-issue3/froomkin.pdf "ICANN 2.0 Meet the New Boss"]</ref>

ICANN's bottom-up focus and its periodic structural reviews lead to revision of its [[ICANN Bylaws|bylaws]] and the introduction of new entities and policies. One such rush of changes happened in and around the year 2000, when the prospective changes and the discussions surrounding them spurned people to talk of "ICANN 2.0".<ref>[http://llr.lls.edu/volumes/v36-issue3/froomkin.pdf "ICANN 2.0 Meet the New Boss"]</ref>

In 2003, important new [[sTLD]]s began being proposed. While these domains are different from [[gTLD]]s in that they are sponsored by a given constituency, this can be seen as another way in which the wider community was pressing for a greater variety of domain space. Applications came from [[.asia]], [[.xxx]], [[.net]], [[.cat]], [[.mobi]], [[.jobs]], and [[.travel]].<ref>[http://www.icann.org/en/minutes/index-2005.html 2005 Board Meetings]</ref>; they all went on to approval in 2005-2006, except for the controversial [[.xxx]],<ref>[http://www.icann.org/en/tlds/stld-apps-19mar04/ Information Page for Sponsored Top-Level Domains]. ICANN.</ref> which went through a much more contentious and drawn out process but was still approved in March, 2011 at [[ICANN 40]].<ref>[http://www.icann.org/en/tlds/agreements/xxx/ .XXX Registry Agreement]. ICANN. Published 2011 March 31.</ref>

In 2003, important new [[sTLD]]s began being proposed. While these domains are different from [[gTLD]]s in that they are sponsored by a given constituency, this can be seen as another way in which the wider community was pressing for a greater variety of domain space. Applications came from [[.asia]], [[.xxx]], [[.net]], [[.cat]], [[.mobi]], [[.jobs]], and [[.travel]].<ref>[http://www.icann.org/en/minutes/index-2005.html 2005 Board Meetings]</ref>; they all went on to approval in 2005-2006, except for the controversial [[.xxx]],<ref>[http://www.icann.org/en/tlds/stld-apps-19mar04/ Information Page for Sponsored Top-Level Domains]. ICANN.</ref> which went through a much more contentious and drawn out process but was still approved in March, 2011 at [[ICANN 40]].<ref>[http://www.icann.org/en/tlds/agreements/xxx/ .XXX Registry Agreement]. ICANN. Published 2011 March 31.</ref>

==Senate Hearing on New gTLD Program==

====Senate Hearing on New gTLD Program====

On December 8, 2012, the U.S. Senate Committee on Commerce, Science and Transportation conducted a full committee hearing to evaluate the value and effects of the [[New gTLD Program|new gTLD expansion program]] as well as ICANN's efforts in resolving the concerns raised by the Internet community. Witnesses present during the committee hearings included:<ref>

On December 8, 2012, the U.S. Senate Committee on Commerce, Science and Transportation conducted a full committee hearing to evaluate the value and effects of the [[New gTLD Program|new gTLD expansion program]] as well as ICANN's efforts in resolving the concerns raised by the Internet community. Witnesses present during the committee hearings included:<ref>

[http://commerce.senate.gov/public/index.cfm?p=Hearings&ContentRecord_id=22f4a71e-93e9-4711-acec-3ed7f52277cc&ContentType_id=14f995b9-dfa5-407a-9d35-56cc7152a7ed&Group_id=b06c39af-e033-4cba-9221-de668ca1978a Hearings-ICANN's Expansion of Top Level Domains-Dec. 8, 2012]. U.S. Senate. Published 2012 December 8.</ref>

[http://commerce.senate.gov/public/index.cfm?p=Hearings&ContentRecord_id=22f4a71e-93e9-4711-acec-3ed7f52277cc&ContentType_id=14f995b9-dfa5-407a-9d35-56cc7152a7ed&Group_id=b06c39af-e033-4cba-9221-de668ca1978a Hearings-ICANN's Expansion of Top Level Domains-Dec. 8, 2012]. U.S. Senate. Published 2012 December 8.</ref>

* [[Kurt Pritz]], ICANN Senior Vice President

* [[Kurt Pritz]], ICANN Senior Vice President

===Witnesses' Testimonies===

====Witnesses' Testimonies====

[[Angela Williams]] represented the concerns of the members of [[ICANN]]'s [[NPOC|Not-for-Profit Operational Concerns Constituency]] (NPOC) during the Senate hearing. In her testimony, she raised budgetary, public confusion, and [[cybersquatting]] issues. According to her, the increased risk of public confusion compromises Internet security. She also noted that it would be more expensive for not-for-profit organizations to protect their brand names/trademarks against fraud, [[cybersquatting]] and trademark infringement. She also pointed out that not-for-profit-organizations cannot afford the amount of money needed to become a domain name registry to ensure brand protection. Williams encouraged [[ICANN]] to consider the concerns of the members of the NPOC. She also recommended that verified not-for-profit organizations be allowed to exempt their trademarks from any new TLD applicant at no cost or at a drastically reduced fee.<ref>[http://commerce.senate.gov/public/?a=Files.Serve&File_id=56a49ede-865f-4bbe-9635-58d0b59add7b Testimony of Angela F. Williams, Senate Hearing, Dec. 8, 2012]. U.S. Senate. Published 2012 December 8.</ref>

[[Angela Williams]] represented the concerns of the members of [[ICANN]]'s [[NPOC|Not-for-Profit Operational Concerns Constituency]] (NPOC) during the Senate hearing. In her testimony, she raised budgetary, public confusion, and [[cybersquatting]] issues. According to her, the increased risk of public confusion compromises Internet security. She also noted that it would be more expensive for not-for-profit organizations to protect their brand names/trademarks against fraud, [[cybersquatting]] and trademark infringement. She also pointed out that not-for-profit-organizations cannot afford the amount of money needed to become a domain name registry to ensure brand protection. Williams encouraged [[ICANN]] to consider the concerns of the members of the NPOC. She also recommended that verified not-for-profit organizations be allowed to exempt their trademarks from any new TLD applicant at no cost or at a drastically reduced fee.<ref>[http://commerce.senate.gov/public/?a=Files.Serve&File_id=56a49ede-865f-4bbe-9635-58d0b59add7b Testimony of Angela F. Williams, Senate Hearing, Dec. 8, 2012]. U.S. Senate. Published 2012 December 8.</ref>

[http://commerce.senate.gov/public/?a=Files.Serve&File_id=456113a0-c084-43d7-a1b8-979524fd74cf Testimony of Kurt Pritz, Hearing on Expansion of Top Level Domain Names, Dec. 8, 2012]</ref> <ref>[http://www.icann.org/en/correspondence/pritz-to-boxer-cantwell-et-al-25jan12-en.pdf Sen. Barbara Boxer to Kurt Pritz, Questions for the Record,ICANN’s Expansion of Top Level Domain Names, Dec. 8, 2011]. U.S. Senate. Published 2011 December 8.</ref>

[http://commerce.senate.gov/public/?a=Files.Serve&File_id=456113a0-c084-43d7-a1b8-979524fd74cf Testimony of Kurt Pritz, Hearing on Expansion of Top Level Domain Names, Dec. 8, 2012]</ref> <ref>[http://www.icann.org/en/correspondence/pritz-to-boxer-cantwell-et-al-25jan12-en.pdf Sen. Barbara Boxer to Kurt Pritz, Questions for the Record,ICANN’s Expansion of Top Level Domain Names, Dec. 8, 2011]. U.S. Senate. Published 2011 December 8.</ref>

===ICANN's Answers to the Senate Committee ===

====ICANN's Answers to the Senate Committee====

On Janury 25, 2012, Pritz answered the questions sent by members of the Senate Committee on Commerce, Science and Transportation regarding the new gTLD expansion program. The questions were asked by Senators Barbara Boxer, Maria Cantwell, Claire McCaskill, Olympia Snowe and Mark Warner on January 8. The questions of the legislators were centered on the following issues:<ref>[http://www.icann.org/en/correspondence/pritz-to-boxer-cantwell-et-al-25jan12-en.pdf Pritz to Boxer]. Published 2012 January 25.</ref>

On Janury 25, 2012, Pritz answered the questions sent by members of the Senate Committee on Commerce, Science and Transportation regarding the new gTLD expansion program. The questions were asked by Senators Barbara Boxer, Maria Cantwell, Claire McCaskill, Olympia Snowe and Mark Warner on January 8. The questions of the legislators were centered on the following issues:<ref>[http://www.icann.org/en/correspondence/pritz-to-boxer-cantwell-et-al-25jan12-en.pdf Pritz to Boxer]. Published 2012 January 25.</ref>

* '''Intellectual Property Rights'''- In order to avoid consumer confusion and or violations of intellectual property rights, Pritz explained that the new gTLD program has mandatory intellectual property rights protection mechanisms for both first and second level domain names. He also added that strict reviews will be implemented and it will reject the applications of entities with a history of cybersquatting. In addition, the public and the various constituencies of ICANN will have the opportunity to review and raise their concerns regarding the proposed new gTLD strings. Pritz also enumerated the four available objection processes, which include:

* '''Intellectual Property Rights'''- In order to avoid consumer confusion and or violations of intellectual property rights, Pritz explained that the new gTLD program has mandatory intellectual property rights protection mechanisms for both first and second level domain names. He also added that strict reviews will be implemented and it will reject the applications of entities with a history of cybersquatting. In addition, the public and the various constituencies of ICANN will have the opportunity to review and raise their concerns regarding the proposed new gTLD strings. Pritz also enumerated the four available objection processes, which include: