Changes

On October 12, 2010, the BGC determined that the allegations of the coalition has no merit and cited the following reasons:<ref>[https://community.icann.org/display/tap/2010-12-10+Response+to+Reconsideration+Request+10-2 2010-12-10 Response to Reconsideration Request 10-2]</ref>

On October 12, 2010, the BGC determined that the allegations of the coalition has no merit and cited the following reasons:<ref>[https://community.icann.org/display/tap/2010-12-10+Response+to+Reconsideration+Request+10-2 2010-12-10 Response to Reconsideration Request 10-2]</ref>

* The concerns of the coalition regarding the potential violation of the .jobs charter regarding the implementation of the Phase Allocation Program is not a proper ground for the ICANN Board to reconsider its decision.

* The concern of the coalition regarding the potential violation of the .jobs charter regarding the implementation of the Phase Allocation Program is not proper ground for the ICANN Board to reconsider its decision.

* The ICANN Board did not fail to consider material information available at the time of action.

* The ICANN Board did not fail to consider material information available at the time of action.

In addition, the BGC recommended the ICANN Board to closely monitor Employ Media's compliance with the charter, to direct the [[ICANN CEO]] to create a briefing paper for the GNSO to consider the issue and evaluate if a policy development process ([[PDP]]) is necessary.

In addition, the BGC recommended the ICANN Board to closely monitor Employ Media's compliance with the charter, to direct the [[ICANN CEO]] to create a briefing paper for the [[GNSO]] to consider the issue and evaluate if a [[PDP|policy development process]] (PDP) is necessary.

During the ICANN meeting in Colombia on December 9, 2010, the ICANN Board's BGC refused to change its decision in August regarding the approval of the.jobs Phased Allocation Program despite the persistent petition from .JOBS Charter Coalition. However, the BGC recommended that "the Board direct the CEO, and General Counsel and Secretary, to ensure that ICANN’s Contractual Compliance Department closely monitor Employ Media’s compliance with its Charter. ICANN's decision allowed Employ Media continue its RFP process, to auction and allocate premium domain names to its partners but not to expand beyond the charter of the .jobs TLD.<ref>[http://archive.icann.org/en/committees/reconsideration/bgc-recommendation-09dec10-en.pdf Recommendation Of The Board Governance Committee, Reconsideration Request 10-2, 9 December 2010]</ref> <ref>[http://domainincite.com/did-jobs-win-or-lose-in-cartagena/ Did .jobs win or lose in Cartagena?]</ref>

During the ICANN meeting in Colombia on December 9, 2010, the ICANN Board's BGC refused to change its decision in August regarding the approval of the.jobs Phased Allocation Program despite the persistent pressure from the .JOBS Charter Coalition. However, the BGC recommended that "the Board direct the CEO, and General Counsel and Secretary, to ensure that ICANN’s Contractual Compliance Department closely monitor Employ Media’s compliance with its Charter. ICANN's decision allowed Employ Media to continue its RFP process, to auction and allocate premium domain names to its partners but not to expand beyond the charter of the .jobs TLD.<ref>[http://archive.icann.org/en/committees/reconsideration/bgc-recommendation-09dec10-en.pdf Recommendation Of The Board Governance Committee, Reconsideration Request 10-2, 9 December 2010]</ref><ref>[http://domainincite.com/did-jobs-win-or-lose-in-cartagena/ Did .jobs win or lose in Cartagena?]</ref>

==Universe.Jobs==

==Universe.Jobs==

===Launching of universe.Jobs===

===Launching of universe.Jobs===

On January 2011, Employ Media in partnership with the Direct Employers Association officially launched the .JOBS Universe, an interactive, community-driven network of 40,000 thousand of job related sites owned by more than 500 leading U.S. employers to enable job seekers to easily find job opportunities. Examples of websites available in the .jobs universe include boston.jobs, insurance.jobs, military.jobs, technology.jobs and many other geographical and industrial jobs.<ref>[http://www.directemployers.org/tag/jobs-universe/page/2/ A Massive Network of Employment Web Sites Launched by Direct Employers Association This Week]</ref> One month after the launch of the .JOBS Universe, Employ Media reported that more than half-million Americans visited the site.<ref>

In January 2011, Employ Media, in partnership with the Direct Employers Association, officially launched the .JOBS Universe, an interactive, community-driven network of 40,000 thousand job related sites owned by more than 500 leading U.S. employers to enable job seekers to easily find job opportunities. Examples of websites available in the .jobs universe include boston.jobs, insurance.jobs, military.jobs, technology.jobs and many other geographical and industrial job sites.<ref>[http://www.directemployers.org/tag/jobs-universe/page/2/ A Massive Network of Employment Web Sites Launched by Direct Employers Association This Week]</ref> One month after the launch of the .JOBS Universe, Employ Media reported that more than half-million Americans visited the site.<ref>

[http://www.directemployers.org/tag/jobs-universe/page/2/ Over Half a Million Americans Have Visited .Jobs Universe Within Weeks of its Launch]</ref>

[http://www.directemployers.org/tag/jobs-universe/page/2/ Over Half a Million Americans Have Visited .Jobs Universe Within Weeks of its Launch]</ref>

Prior to the official launching of the universe.jobs website, the jobs board was launched earlier in 2009. According to Tom Embrescia, ''"building sites on the “reserved” occupational and geographic addresses is a marketing test"'' to increase consumer awareness that the websites exist.Chad Sowash, VP of business development for Direct Employers Association expected that there would be complaints against the universe.jobs website. According to Bob Etheridge, co-founder of JobCircle and former VP of Getthe.job there were suspicions that Employ Media was also trying to enter the publisher business.<ref> [http://www.ere.net/2009/10/29/tens-of-thousands-of-new-dot-jobs-boards-coming/ “Tens of Thousands” of New Dot-Jobs Boards Coming]</ref>

The jobs board was launched in 2009, , prior to the official launching of the universe.jobs website. According to Tom Embrescia, ''"building sites on the “reserved” occupational and geographic addresses is a marketing test"'' to increase consumer awareness that the websites exists. Chad Sowash, VP of business development for the Direct Employers Association, expected that there would be complaints against the universe.jobs website. According to Bob Etheridge, co-founder of JobCircle and former VP of Getthe.job, there were suspicions that Employ Media was also trying to enter the content-creation business.<ref> [http://www.ere.net/2009/10/29/tens-of-thousands-of-new-dot-jobs-boards-coming/ “Tens of Thousands” of New Dot-Jobs Boards Coming]</ref>

As expected, different organization expressed their complaints against the universe.jobs website. Steve Rothberg, founder and president of CollegeRecruiter, “This new domain was promoted as only being available to employers to promote their own jobs. Clearly that hasn’t been the case.” <ref>[http://www.ere.net/2009/11/10/a-universe-of-jobs-job-boards-is-set-to-launch/ A “Universe” Of .Jobs Job Boards Is Set To Launch]</ref> Other organizations such as the Newspaper Association of America, the American Society of Association Executives and the American Staffing Association believed that the universe.jobs as flawed according to recruitment consultant Peter Weddle. <ref>[http://www.ere.net/2010/10/26/fix-flawed-dot-jobs-process-weddle-says/#more-15452 Fix Flawed Dot-jobs Process, Weddle Says]</ref>

As expected, different organizations complained about the universe.jobs website. Steve Rothberg, founder and president of CollegeRecruiter, said “This new domain was promoted as only being available to employers to promote their own jobs. Clearly that hasn’t been the case.”<ref>[http://www.ere.net/2009/11/10/a-universe-of-jobs-job-boards-is-set-to-launch/ A “Universe” Of .Jobs Job Boards Is Set To Launch]</ref> The Newspaper Association of America, the American Society of Association Executives, and the American Staffing Association also complained.<ref>[http://www.ere.net/2010/10/26/fix-flawed-dot-jobs-process-weddle-says/#more-15452 Fix Flawed Dot-jobs Process, Weddle Says]</ref>

===ICANN Issues Notice of Breach to Employ Media===

===ICANN Issues Notice of Breach to Employ Media===

On February 27, 2011, ICANN issued a notice of breach on the .jobs registry agreement to Employ Media and SHRM after receiving complaints against the universe.jobs website from different organizations particularly from the .JOBS Charter Coalition Compliance. According to ICANN, the registry operator and its sponsor failed  to establish policies in conformity with the defined purpose and intent of the .JOBS registry. The internet governing body cited that Employ Media violated its charter when it allowed the Direct Employers Association to register 40 thousands domain names and partnered with the organization in operating the universe.jobs website, which appeared to be a jobs board competing with other websites offering the same service. ICANN directed  the registry operator and its sponsor to resolve the issues or else it will terminate the .jobs registry agreement.<ref>[http://domainincite.com/icann-threatens-to-shut-down-jobs/ ICANN threatens to shut down .jobs]</ref>

On February 27, 2011, ICANN issued a notice of breach on the .jobs registry agreement to Employ Media and SHRM after receiving complaints about the universe.jobs website from different organizations, particularly from the .JOBS Charter Coalition Compliance. According to ICANN, the registry operator and its sponsor failed  to establish policies in conformity with the defined purpose and intent of the .JOBS registry. The internet governing body cited that Employ Media violated its charter when it allowed the Direct Employers Association to register 40 thousands domain names and partnered with the organization in operating the universe.jobs website, which appeared to be a jobs board competing with other websites offering the same service. ICANN directed  the registry operator and its sponsor to resolve the issues or else it will terminate the .jobs registry agreement.<ref>[http://domainincite.com/icann-threatens-to-shut-down-jobs/ ICANN threatens to shut down .jobs]</ref>

===Employ Media Response to ICANN Notice of Breach===

===Employ Media Response to ICANN Notice of Breach===

In response to ICANN's Notice of Breach against Employ Media, the registry operator expressed its disappointment and disagreement to the position of the internet governing body. The company also invoked the cooperative engagement provision of its registry agreement and assigned its vice president and general counsel Brian Johnson as representative. Furthermore, the company emphasized that it is not waving its rights or remedies against ICANN regarding any issue and reserves its right to resolve the problem in any appropriate forum.Furthermore, the company defended its position regarding the universe.jobs by reasoning out that it followed the required procedures in introducing new registry services through the Phase Allocation Program, which was approved by ICANN. Moreover, Employ Media assumed that ICANN changed its position to give way to the pleadings of the .JOBS Charter Compliance Coalition. <ref>

In response to ICANN's Notice of Breach against Employ Media, the registry operator expressed its disappointment and disagreement with ICANN. The company also invoked the cooperative engagement provision of its registry agreement and assigned its vice president and general counsel Brian Johnson as representative. The company defended its position regarding the universe.jobs by reasoning out that it followed the required procedures in introducing new registry services through the Phase Allocation Program, which was approved by ICANN. Moreover, Employ Media calimed that ICANN changed its position to give way to the incessant pleadings of the .JOBS Charter Compliance Coalition.<ref>[http://goto.jobs/pdf/Response%20to%20ICANN%20Notice.pdf  Employ Media Responce to ICANN'S Notice of Breach]</ref> In April, 2011, the company agreed to amend its charter and to stop registering .jobs domain names that are non-company names until May 6.</ref>[http://domainincite.com/registry-avoids-jobs-shut-down/ Registry avoids .jobs shut-down]</ref> However, on Dec

[http://goto.jobs/pdf/Response%20to%20ICANN%20Notice.pdf  Employ Media Responce to ICANN'S Notice of Breach]</ref> On April 2011, the company agreed to amend its charter and to stop registering .jobs domain names that are non-company names until May 6.</ref>[http://domainincite.com/registry-avoids-jobs-shut-down/ Registry avoids .jobs shut-down]</ref> However, on Dec

===.JOBS Charter Compliance Coalition Appeal to SHRM and ICANN===

===.JOBS Charter Compliance Coalition Appeal to SHRM and ICANN===

On March 2011, following ICANN's notice of breach to Employ Media and SHRM,  the .JOBS Charter Coalition appealed to SHRM to show its independence, exercise its objectives and oversight responsibilities as sponsor of the .jobs TLD to ensure the best interest of the human resource management community by compelling its registry operator to follow its charter and to stop it and its partner, the Direct Employers Association from exploiting millions of .jobs domain names.<ref>[http://www.ere.net/2011/03/03/shrm-asked-to-reconsider-its-jobs-position/#more-17703 http://www.ere.net/2011/03/03/shrm-asked-to-reconsider-its-jobs-position/#more-17703]</ref>

In March, 2011, following ICANN's notice of breach to Employ Media and SHRM,  the .JOBS Charter Coalition appealed to SHRM to show its independence, exercise its objectives and oversight responsibilities as sponsor of the .jobs TLD to ensure the best interest of the human resource management community by compelling its registry operator to follow its charter and to stop it and its partner, the Direct Employers Association, from exploiting millions of .jobs domain names.<ref>[http://www.ere.net/2011/03/03/shrm-asked-to-reconsider-its-jobs-position/#more-17703 http://www.ere.net/2011/03/03/shrm-asked-to-reconsider-its-jobs-position/#more-17703]</ref>

On Dec 17, 2011, the coalition filed a formal notice with ICANN's compliance department regarding the universe.jobs website that was launched by the Direct Employers Association, a partner of Employ Media. They also encouraged ICANN to stop the operations of the universe.jobs website.<ref>[http://domainincite.com/coalition-complains-to-icann-about-universe-jobs/ Coalition complains to ICANN about Universe.jobs]</ref>

===Employ Media Arbitration Proceedings vs. ICANN===

===Employ Media Arbitration Proceedings vs. ICANN===

On May 2011, Employ Media filed an arbitration proceeding with the International Chamber of Commerce (ICC) International Court of Arbitration to resolve the notice of breach to the .jobs registry agreement issued by ICANN after its cooperative agreement proceedings with the internet governing collapsed. According to Thomas Embrescia, the arbitration is necessary to remove the “unwarranted and unprecedented threat of contract termination” that caused uncertainties to the .jobs TLD and to his business.<ref>[http://www.ere.net/tags/dotjobs/ .Jobs Manager Seeks Arbitration by International Court]</ref>

In May 2011, Employ Media filed an arbitration proceeding with the [[ICC|International Chamber of Commerce]] (ICC) International Court of Arbitration to resolve the notice of breach to the .jobs registry agreement issued by ICANN after its cooperative agreement proceedings with ICANN collapsed. According to [[Thomas Embrescia]], the arbitration was necessary to remove the “unwarranted and unprecedented threat of contract termination” that caused uncertainties for the .jobs TLD and to his business.<ref>[http://www.ere.net/tags/dotjobs/ .Jobs Manager Seeks Arbitration by International Court]</ref>

The cooperative agreement between the two organizations failed after Employ Media objected ICANN’s publication of their cooperative agreement correspondences in connection with the notice of breach and described it as “bad faith action” on the part of the internet governing body. On the other hand, ICANN’s legal counsel Eric Enson responded that the internet governing body was just carrying out its accountability and transparency responsibilities to the internet community when it posted the details of their cooperative negotiations. Furthermore, Enson accused Employ Media that it “has no intention to work with ICANN cooperatively to resolve the problem” and its lawyer Arif Ali of “legal posturing,” which was “seemingly geared solely towards use in future litigation.” <ref>[http://domainincite.com/war-of-words-over-jobs-breach-claims/ War of Words Over Jobs Breach Claims]</ref>

The cooperative agreement between the two organizations failed after Employ Media objected to ICANN’s publication of their cooperative agreement correspondences in connection with the notice of breach and described it as a “bad faith action” on the part of the internet governing body. ICANN’s legal counsel Eric Enson responded that the internet governing body was just carrying out its accountability and transparency responsibilities to the internet community when it posted the details of their cooperative negotiations. Furthermore, Enson said Employ Media “has no intention to work with ICANN cooperatively to resolve the problem” and its lawyer Arif Ali of “legal posturing,” which was “seemingly geared solely towards use in future litigation.”<ref>[http://domainincite.com/war-of-words-over-jobs-breach-claims/ War of Words Over Jobs Breach Claims]</ref>

On July 2011, ICANN responded to Employ Media’s request for arbitration. The internet governing body remained firm and strongly defended its decision that the notice of breach to the .jobs registry agreement  issued to Employ Media was appropriate and requested the arbitration court to dismiss the case and to deny the registry operator’s request for relief.<ref>[https://docs.google.com/viewer?a=v&q=cache:qMFYxr-vmqIJ:www.icann.org/en/news/litigation/employ-media-v-icann/answer-to-request-for-arbitration-22jul11-en.pdf+ICANN+and+Employ+Media+Arbitration&hl=en&gl=us&pid=bl&srcid=ADGEESjKphDhfLHf-8xZ8E8tqSayBuA1SGJina6mbbyq27szb-P7a_i2V79KHJD6nHhFjxUpYO2Td97VLx1rBkJs-Ht1k7bVuM4WTuqtNgZAAGXUFI5cUfWKjkYethxEPH9QAlGAfveP&sig=AHIEtbSXxXw7kr2bKyU4voSfKp_-UqOl7w ICANN’s Response to Employ Media’s Request for Arbitration]</ref>

In July 2011, ICANN responded to Employ Media’s request for arbitration. The internet governing body remained firm and strongly defended its decision that the notice of breach to the .jobs registry agreement  issued to Employ Media was appropriate and requested the arbitration court to dismiss the case and to deny the registry operator’s request for relief.<ref>[https://docs.google.com/viewer?a=v&q=cache:qMFYxr-vmqIJ:www.icann.org/en/news/litigation/employ-media-v-icann/answer-to-request-for-arbitration-22jul11-en.pdf+ICANN+and+Employ+Media+Arbitration&hl=en&gl=us&pid=bl&srcid=ADGEESjKphDhfLHf-8xZ8E8tqSayBuA1SGJina6mbbyq27szb-P7a_i2V79KHJD6nHhFjxUpYO2Td97VLx1rBkJs-Ht1k7bVuM4WTuqtNgZAAGXUFI5cUfWKjkYethxEPH9QAlGAfveP&sig=AHIEtbSXxXw7kr2bKyU4voSfKp_-UqOl7w ICANN’s Response to Employ Media’s Request for Arbitration]</ref>

 

In May 2012, ICANN and the ICC published a timetable for Employ Media's request for arbitration. In the timetable, it was revealed that the earliest Employ Media can find out whether or not ICANN has the right to shut down .jobs is in February 2013, with face-to-face hearings scheduled between January 28 and February 8, 2013.<ref>[http://domainincite.com/9032-battle-over-jobs-to-drag-on-into-2013 Battle over .jobs to drag on into 2013]. Published 2012 May 22. Retrieved 2012 November 13.</ref>

==.JOBS Charter Compliance Coalition Attacks ICANN==

==.JOBS Charter Compliance Coalition Attacks ICANN==

===Issue on Arbitration===

===Issue on Arbitration===

On December 2011, the .JOBS Charter Compliance Coalition criticized ICANN because the arbitration case went idle. According to the coalition, ICANN’s failure to inform the ICANN community regarding the status of the arbitration regarding Employ Media’s universe.jobs website was a “regrettable standard practice” and accused ICANN of being complicit in the “consensual delay” of the contract dispute arbitration.<ref>[http://www.ere.net/2011/12/08/jobs-coalition-says-arbitration-case-is-dormant/#more-22644 .Jobs Coalition Says Arbitration Case Is Dormant]</ref>

In December, 2011, the .JOBS Charter Compliance Coalition criticized ICANN because the arbitration case went idle. According to the coalition, ICANN’s failure to inform the ICANN community regarding the status of the arbitration regarding Employ Media’s universe.jobs website was a “regrettable standard practice” and accused ICANN of being complicit in the “consensual delay” of the contract dispute arbitration.<ref>[http://www.ere.net/2011/12/08/jobs-coalition-says-arbitration-case-is-dormant/#more-22644 .Jobs Coalition Says Arbitration Case Is Dormant]</ref>

As of March 12, 2012, ICANN and Employ Media are still waiting for the timetable of the arbitrations proceedings from the ICC International Court of Arbitration.<ref>[http://www.icann.org/en/news/litigation/employ-media-v-icann  Arbitration: Employ Media vs. ICANN]</ref>

As of March 12, 2012, ICANN and Employ Media are still waiting for the timetable of the arbitrations proceedings from the ICC International Court of Arbitration.<ref>[http://www.icann.org/en/news/litigation/employ-media-v-icann  Arbitration: Employ Media vs. ICANN]</ref>

===Issue of new gTLD Program===

===Issue of new gTLD Program===

One day before the opening of the [[New gTLD Program|new gTLD expansion program]], John Bell chairman of the coalition, wrote to ICANN Chairman [[Steve Crocker|Stephen Crocker]] to request the ICANN Board to exclude Employ Media in the application for new TLDs. Bell cited the .jobs TLD registry operator is not qualified due to its "history of abuse" based on the new gTLD protections mechanism. In addition, he also criticized ICANN's mismanagement of the .jobs TLD dispute and expressed fears that the internet governing body might not be able to fulfill its promise to the internet community to disqualify the applications of rogue TLD operators. Furthermore, he said that ICANN can only regain a measure of regulatory authority by publicly blocking Employ Media and Direct Employers Association from participating in the new gTLD program.<ref>[http://news.dot-nxt.com/2012/01/11/dot-jobs-could-kill-icann The case study that could kill ICANN]</ref>

One day before the opening of the [[New gTLD Program|new gTLD expansion program]], John Bell chairman of the coalition, wrote to ICANN Chairman [[Steve Crocker]] to request that the ICANN Board exclude Employ Media in the application for new TLDs. Bell claimed that the .jobs TLD registry operator is not qualified due to its "history of abuse." In addition, he also criticized ICANN's mismanagement of the .jobs TLD dispute and expressed fears that the internet governing body might not be able to fulfill its promise to the internet community to disqualify the applications of rogue TLD operators. Furthermore, he said that ICANN can only regain a measure of regulatory authority by publicly blocking Employ Media and Direct Employers Association from participating in the new gTLD program.<ref>[http://news.dot-nxt.com/2012/01/11/dot-jobs-could-kill-icann The case study that could kill ICANN]</ref>

==References==

==References==

[[Category: TLD]]

[[Category: TLD]]