GTLD-MoU

gTLD-MoU (Generic Top Level Domain Name-Memorandum of Understanding) is a document prepared by the Internet Ad Hoc Committee (IAHC) containing proposals to resolve the problems associated with the Domain Name System (DNS) domain name allocations. The gTLD-MoU proposed the creation of new gTLDs and to transfer the management of the DNS from the U.S. government to a self-regulatory organization composed of public and private sectors, with online alternative dispute resolution being administered by WIPO and others. The document was introduced to the Internet community on February 28, 1997. The International Telecommunications Union (ITU) Secretary General was responsible for circulating the gTLD-MoU and inviting public and private Internet stakeholders to voluntarily support and actively participate in the implementation process.

Background

In 1992, Network Solutions received a five-year contract from the National Science Foundation (NSF) to manage domain name registration and to handle the coordination and maintenance functions of the Domain Name System. Under the NSF Cooperative Agreement, NSI will handle all these responsibilities on a "cost-plus-fee" basis wherein NSF will reimburse all the expenses of NSI plus a fixed fee. In 1996, Network Solutions started started restrictions on domain name registrations which led to the emergence of cybersquatters who would charge a huge amount of money for domain names. Trademark Infringement became a major concern among legitimate owners. NSI also started to charge $50 registration fee for domain names every year. On the middle part of 1996, Jon Postel proposed changes in the DNS management which include the creation of 50 competing domain name registries to handle the domain name registration thus, creating 150 new TLDs. The reaction of the internet community regarding Postel's proposal was mixed. Some supported it while others particularly the internet technical community criticized it. The proposal was revised and re-issued which was supported by the Internet Society. Further discussions and revisions were initiated to implement changes on the DNS management but the internet community were not able to reach a common consensus. The Internet Society and IANA organized the Internet Ad Hoc Committee to resolve the issue. The IAHC was composed of the World Intellectual Property Organization (WIPO), International Telecommunications Union (ITU) and the Federal Networking Council (FNC) which created the gTLD-MoU.

gTLD-MoU Self-Regulatory Framework

The gLTD-MoU proposed a self-regulatory framework composed of:

• The Depository of the gTLD-MoU-will be responsible in distributing the gTLD-MOU and maintain the list of signatories. This responsibility was assigned to the ITU Sec. General.

• Policy Advisory Body (PAB)-will be responsible in making general policy recommendations to the Policy Oversight Committee regarding amendments to the MoU. Recommendations should be related to gTLDs and the DNS.

• Policy Oversight Committee (POC)-will be the decision making body of the organization. It has the authority to implement regulations for the Council of Registrars such as the number, requirements and removal of registrars. The POC is composed of 12 members who will be appointed from:
  • Internet Assigned Numbers Authority (IANA) – 2 members
  • Internet Society (ISOC) – 2 members
  • Representative of the Depository of this MoU -1 member
  • Internet Architecture Board (IAB) – 2 members
  • Council of Registrars (CORE) – 2 members
  • International Telecommunication Union (ITU) – 1 member
  • World Intellectual Property Organization (WIPO) – 1 member
  • International Trademark Association (INTA) - 1 member

• Council of Registrars (CORE)- will be composed of recognized registrars which will be created under the name CORE, as Swiss association under the laws of Swiss government. Registrars should be member of CORE and must be a signatory of the CORE-MoU. Registrars will be assigned second level domain names (SLDs) in any gTLDs.
• Administrative Domain Name Challenge Panels (ACPs)-will be responsible in handling domain name disputes. ACPs will be organized by the WIPO Arbitration and Mediation Center in Geneva, Switzerland however, staffs from WIPO will not be included in any panel. Registrars are mandated to honor the decisions of any panel.

Criticisms

A research entitled "The gTLD-MoU: A Yellow Flag for Trademark Owners on the Information Superhighway" cited Andy Sernovitz, President of the Association for Interactive Media who cautioned the internet community about the negative implications of focusing intently on the gTLD-MoU proposals introduced by the IAHC. He was quoted for saying that the initiators of the gTLD-MoU particularly IAHC & iPOC are working to "complete their takeover of the domain name system before this committee and the administration can implement their own plans. They pretend to offer cooperation, yet they are actively setting up assets and infrastructure offshore to complete a takeover as soon as possible."