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'''ICANN''', or the '''Internet Corporation for Assigned Names and Numbers''', is a global multi-stakeholder organization that was created by the U.S. government and its [[DOC|Department of Commerce]].<ref name="icann-mou">[http://www.icann.org/en/general/icann-mou-25nov98.htm ICANN DOC MoU Memorandum of Understanding, Depart. of Commerce and ICANN]. ICANN. Published 1999 December 31.</ref> It coordinates the Internet [[DNS]], [[IP]] addresses and [[ASN|autonomous system numbers]], which involves a continued management of these evolving systems and the protocols that underlie them.
 
'''ICANN''', or the '''Internet Corporation for Assigned Names and Numbers''', is a global multi-stakeholder organization that was created by the U.S. government and its [[DOC|Department of Commerce]].<ref name="icann-mou">[http://www.icann.org/en/general/icann-mou-25nov98.htm ICANN DOC MoU Memorandum of Understanding, Depart. of Commerce and ICANN]. ICANN. Published 1999 December 31.</ref> It coordinates the Internet [[DNS]], [[IP]] addresses and [[ASN|autonomous system numbers]], which involves a continued management of these evolving systems and the protocols that underlie them.
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While ICANN began in the U.S. government, it is now, and continues to strive to be, an international, community-driven organization independent of any one government.<ref>[https://www.icann.org/news/announcement-2016-10-01-en Stewardship of <abbr>IANA</abbr> Functions Transitions to Global Internet Community as Contract with U.S. Government Ends]. Retrieved 20 Nov 2017. </ref> Their management of an interoperable Internet covers over 330 million domain names, the allocation of more than 4 billion network addresses, and the support of approximately 95 million [[DNS]] look-ups everyday across 240 countries.<ref>[http://www.icann.org/en/about/planning/strategic/strategic-plan-2010-2013-19feb10-en.pdf ICANN Strategic Plan June 2010 June 2013]. ICANN.</ref><ref>[https://blog.verisign.com/domain-names/verisign-domain-name-industry-brief-internet-grows-to-330-6-million-domain-names-in-q1-2017/ VERISIGN DOMAIN NAME INDUSTRY BRIEF: INTERNET GROWS TO 330.6 MILLION DOMAIN NAMES IN Q1 2017]. Retrieved 20 Nov 2017.</ref><ref>[https://system.opendns.com/ OpenDNS]. Retrieved 20 Nov 2017.</ref>
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While ICANN began in the U.S. government, it is now, and continues to be, an international, community-driven organization independent of any one government.<ref>[https://www.icann.org/news/announcement-2016-10-01-en Stewardship of <abbr>IANA</abbr> Functions Transitions to Global Internet Community as Contract with U.S. Government Ends]. Retrieved 20 Nov 2017. </ref> Their management of an interoperable Internet covers over 330 million domain names, the allocation of more than 4 billion network addresses, and the support of approximately 95 million [[DNS]] look-ups everyday across 240 countries.<ref>[http://www.icann.org/en/about/planning/strategic/strategic-plan-2010-2013-19feb10-en.pdf ICANN Strategic Plan June 2010 June 2013]. ICANN.</ref><ref>[https://blog.verisign.com/domain-names/verisign-domain-name-industry-brief-internet-grows-to-330-6-million-domain-names-in-q1-2017/ VERISIGN DOMAIN NAME INDUSTRY BRIEF: INTERNET GROWS TO 330.6 MILLION DOMAIN NAMES IN Q1 2017]. Retrieved 20 Nov 2017.</ref><ref>[https://system.opendns.com/ OpenDNS]. Retrieved 20 Nov 2017.</ref>
    
ICANN collaborates with a variety of stakeholders including companies, individuals, and governments to ensure the continued success of the Internet. It holds [[ICANN Meetings|meetings]] three times a year, switching the international location for each meeting; one of these serves as the annual general meeting when the new [[ICANN Board]] members take their seats.<ref name="meetings">[http://meetings.icann.org/about ICANN About Meetings]. ICANN.</ref>
 
ICANN collaborates with a variety of stakeholders including companies, individuals, and governments to ensure the continued success of the Internet. It holds [[ICANN Meetings|meetings]] three times a year, switching the international location for each meeting; one of these serves as the annual general meeting when the new [[ICANN Board]] members take their seats.<ref name="meetings">[http://meetings.icann.org/about ICANN About Meetings]. ICANN.</ref>
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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>
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===The Introduction of the ALAC===
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====Registrar Accreditation Process====
One of the discussions and propositions which was involved in the debate surrounding "ICANN 2.0" was the introduction of a body which could represent individual Internet users.<ref name="caslon"></ref> This became known as the At-Large Committee, or [[ALAC]], and while it was finally introduced through amendments to the bylaws in 2002, it had been a hot topic for debate for years.<ref>[http://www.icann.org/en/committees/alac/ At-Large Advisory Committee (ALAC)]. ICANN.</ref>
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On February 8th, 1999, ICANN posted its Draft Guidelines for [[Registrar]] Accreditation for public commentary.<ref>ref name="accreditation"</ref> The guidelines were formed through consultation with the [[DOC]] and [[NSI]], and further tailored after the session of public commentary.<ref>[http://www.mail-archive.com/list@ifwp.org/msg01253.html Press Release: ICANN Releases Draft Accreditation Guidelines]. Mail Archive. Published 1999 February 8.</ref> Some issues raised during the period of public commentary include: concerns regarding the inherent bureaucracy, inadequate protections for intellectual property, and the reasoning behind accrediting registrars before the [[DNSO]] was constituted.<ref>[http://cyber.law.harvard.edu/icann/singapore-0399/archive/scribe.html ICANN Public Meeting Details]. Harvard Law.</ref> The ICANN board accepted the revised [[Registrar Accreditation Agreement|Statement of Registrar Accreditation Policy]] at their March, 1999 meeting in Singapore.<ref>ref name="accreditation"</ref>
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===Other Committees===
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The initial policy called for [[Registrar|registrars]] to provide secure access to the [[Registry|registry]], be operationally capable of handling significant registration volume, maintain electronic transaction records, handle and provide prompt service to [[SLD]] requests, provide security, handle seamless transfers of customers who desire to switch registrars, employ an adequately sized staff, and have measures in place to protect the interests of their customers should the registrar fail. The registrar would also have to demonstrate that it had a sufficient liability insurance policy and store of liquid assets. A concern over creating and maintaining a valid registry service is evidenced in the requirement that information regarding each registrant of a [[SLD]] would have to be submitted by the registrar to [[NSI]] for inclusion in its registry. Providing a searchable [[Whois]] service was also required. Application fees for those applying to be included in the Phase 1 testbed cost $2,500, the general application fee was $1,000. Annual accreditation fees, amounting to $5,000, would also be assessed.<ref>[http://www.icann.org/en/registrars/policy_statement.html Statement of Registrar Accreditation Policy]</ref>
Many of the other new developments at ICANN were accomplished through the introduction of review teams; such as the  Committee on ICANN Evolution and Reform. Other Committees intent on expanding and specializing the role of ICANN were also created, such as the Security Committee, which eventually became the [[SSAC|Security and Stability Advisory Committee]]. Both of these committees were given official recognition in 2002.<ref name="accra">[http://www.icann.org/en/minutes/prelim-report-14mar02.htm#EvolutionandReformCommittee ICANN Meeting in Accra Preliminary Report]. ICANN. Published 2002 March 14.</ref> The push for reform was also significantly aided by [[Stuart Lynn]]'s "President's report: The Case for Reform,"<ref>[http://www.icann.org/en/general/lynn-reform-proposal-24feb02.htm President's Report: ICANN – The Case for Reform]. ICANN. Published 2002 February 24.</ref> which they credited for starting the dialogue on reform and leading to the creation of the more formal committee.<ref name="bucharest">[http://www.icann.org/en/minutes/prelim-report-28jun02.htm#EvolutionandReform ICANN Meeting in Bucharest Preliminary Report]]. ICANN. Published 2002 June 28.</ref>
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ICANN adopted a new set of by-laws, which were first laid out by the aforementioned Evolution and Reform Committee, before being revised in response to Public Forums. Those by-laws can be read [http://www.icann.org/en/minutes/minutes-appa-31oct02.htm here]. The by-laws not only more clearly defined ICANN's mission and core values, but it also put in place and improved apparatuses for review and greater transparency. The [[Reconsideration Committee]], [[IRP|Independent Review Panel]], and the [[Ombudsman]] all were strengthened as a part of this move towards a more transparent organization that is able to defend its actions and decisions.<ref>[http://www.icann.org/en/minutes/minutes-appa-31oct02.htm Appendix A to Minutes ICANN Board Meeting in Shanghai]. ICANN. Published 2002 October 31.</ref>
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The [[Registration Accreditation Agreement]] was unanimously amended by the ICANN board in May, 2009.<ref> ref name="accreditation"</ref>
    
===Further Developments===
 
===Further Developments===
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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>
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===New gTLD Program===
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:''Main article: [[New gTLD Program]]''
: ''Main article: [[New gTLD Program]]''
   
After the results of the 2000 and 2003 expansions of new gTLDs, a [[PDP|Policy Development Process]] in connection with the introduction of new gTLDs was developed by the [[Generic Names Supporting Organization]] (GNSO), which lasted from 2005 until 2007. During this Policy Development Process, the GNSO conducted extensive and detailed consultations with all constituencies within the ICANN global internet community. In 2008, 19 Specific Policy Recommendations were adopted by the ICANN Board for the implementation of new gTLDs, which describe the specifics of allocation and the contractual conditions. ICANN involved the global internet community in an open, inclusive and transparent implementation process to comment, review and provide their input toward creating the Applicant Guidebook for New gTLDs. The protection of intellectual property, community interests, consumer protection, and DNS stability were addressed during the process. Different versions and multiple drafts of the Applicant Guidebook were released in 2008. By June 2011, the ICANN Board launched the New gTLD Program, at the same time approving the [https://newgtlds.icann.org/en/applicants/agb New gTLD Applicant Guidebook].<ref>[http://newgtlds.icann.org/about/program About the New gTLD Program]. ICANN.</ref> The Board announced the possibility of a 9th version of the Guidebook in January 2012, but the industry speculated that there was little chance that the changes would be more than clarification, as opposed to new rules and policies.<ref>[http://domainincite.com/icann-confirms-possible-new-applicant-guidebook/ ICANN Confirms Possible New Applicant Guidebook]. Domain Incite. Published 2012 January 4.</ref>
 
After the results of the 2000 and 2003 expansions of new gTLDs, a [[PDP|Policy Development Process]] in connection with the introduction of new gTLDs was developed by the [[Generic Names Supporting Organization]] (GNSO), which lasted from 2005 until 2007. During this Policy Development Process, the GNSO conducted extensive and detailed consultations with all constituencies within the ICANN global internet community. In 2008, 19 Specific Policy Recommendations were adopted by the ICANN Board for the implementation of new gTLDs, which describe the specifics of allocation and the contractual conditions. ICANN involved the global internet community in an open, inclusive and transparent implementation process to comment, review and provide their input toward creating the Applicant Guidebook for New gTLDs. The protection of intellectual property, community interests, consumer protection, and DNS stability were addressed during the process. Different versions and multiple drafts of the Applicant Guidebook were released in 2008. By June 2011, the ICANN Board launched the New gTLD Program, at the same time approving the [https://newgtlds.icann.org/en/applicants/agb New gTLD Applicant Guidebook].<ref>[http://newgtlds.icann.org/about/program About the New gTLD Program]. ICANN.</ref> The Board announced the possibility of a 9th version of the Guidebook in January 2012, but the industry speculated that there was little chance that the changes would be more than clarification, as opposed to new rules and policies.<ref>[http://domainincite.com/icann-confirms-possible-new-applicant-guidebook/ ICANN Confirms Possible New Applicant Guidebook]. Domain Incite. Published 2012 January 4.</ref>
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* [http://www.icann.org/en/about/financials/investment-policy-new-gtld Investment Policy re: New gTLDs, Adopted Dec. 2012]
 
* [http://www.icann.org/en/about/financials/investment-policy-new-gtld Investment Policy re: New gTLDs, Adopted Dec. 2012]
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====Senate Hearing on New gTLD Program====
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====Second Round of Applications====
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>
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On February 7, 2012, the [[ICANN Board]] approved the implementation of a second round and application window for the new gTLD program in response to the request of the global Internet community, particularly the members of [[CADNA]]. The board delegated the [[ICANN CEO]] to work with the Internet community to develop a work plan and the needed prerequisites to open the second round of application for new gTLDs.<ref>[http://www.icann.org/en/groups/board/documents/resolutions-07feb12-en.htm#4 Approved Board Resolutions | Special Meeting of the ICANN Board]. ICANN. Published 2012 February 7.</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>
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* [[Angela Williams]], Senior Vice President and General Counsel-YMCA USA
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* [[Dan Jaffe]], Executive Vice President, Government Relations, [[ANA]]-[[CRIDO]]
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* [[Esther Dyson]], former ICANN chair /Independent Angel Investor
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* [[Fiona Alexander]], Associate Administrator, Office of International Affairs, [[NTIA]]-[[DOC]]
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* [[Kurt Pritz]], ICANN Senior Vice President
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====Witnesses' Testimonies====
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====Physical Expansion====
[[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>
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In September, 2011, the [[ICANN Board]] approved resolutions to secure new office space for the organization. It is possible they will negotiate for more space at their current location, or that they find a new space at their headquarters of Marina Del Rey. It was also decided to begin permanently leasing its office space in Brussels instead of continuing to rent their space month-to-month. Much of its expansion is related to the new [[gTLD]] program. At the time of the board's decision, ICANN staff numbered 124, with 21 open positions to be filled. The 2012 budget includes $2.1 million for office space acquisition and maintenance for its offices in Marina Del Rey, Brussels, Sydney, Paolo Alto, and Washington D.C..<ref>[http://domainincite.com/as-new-gtlds-loom-icann-expands/ New gTLDs expand ICANN] Domain Incite. Published 2011 September 21.</ref> The Sydney office went on to be closed in 2012.
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During the hearing, [[Dan Jaffe]] testified that the new gTLD program is "bad for consumers, marketers and the entire online marketplace" and enumerated different reasons why it is necessary to the stop its implementation. According to him, there is no substantial evidence that the new gTLD program will promote competition, relieve the scarcity of domain name space and support differentiated services and new products. He also cited that the new gTLD program has a serious economic impact. Brand owners might be compelled to file for [[Defensive Registration|defensive registrations]] to protect their trademarks or [[Intellectual Property|intellectual property]] rights. There is a possibility of misappropriation of intellectual property rights, domain navigation dilution, increased risk of cybersquatting, reduced investments from intellectual property owners, and losses from failed TLDs. Jaffe supported his claims using the “Economic Considerations in the Expansion of Generic TopLevel Domain Names, Phase II Report: Case Studies,” a study commissioned by ICANN in December, 2010. In addition, he also emphasized that the new gTLD programs lacks consensus and ICANN failed to meet its "bottom-up, consensus-driven approach to policy development." Furthermore, he pointed out that the application fee is too expensive and harmful for brand owners and he also raised the concerns regarding the organization's conflict of interest policies after [[Peter Dengate Thrush]] decided to join [[Minds + Machines]] as Executive Chairman immediately after his term as chairman  of ICANN. Thrush strongly advocated approval of the new gTLD program.<ref>
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In February 2013, former CEO Fadi Chehadé announced that ICANN's office in L.A. would diminish in importance while two new "hubs" would be created to fill the gap and provide new means of outreach to ICANN's international constituents. The hubs are to be located in Singapore and Istanbul, and are to act with far more authority and purpose than a stand-alone office; it is clear that many senior staff from the L.A. office will be asked to move, and the CEO himself said he will be based in Singapore once that office is up and running.<ref>[http://nigel.je/2013/02/icann-la-to-be-broken-up-begging-letters-to-stop/ ICANN LA To be Broken Up Begging Letters to Stop, Nigel.je] Retrieved 25 Feb 2012</ref><ref>[http://domainincite.com/11967-icann-to-set-up-hubs-in-singapore-and-istanbul ICANN to Set up Hubs in Singapore and Istanbul, DomainIncite.com] Retrieved 25 Feb 2013</ref> The news was announced during Mr. Chehadé's first comprehensive tour of Asia, with trips to South Korea, China, Japan, and Singapore. He noted that ICANN needed to apologize to Asia, as it had long not been given the attention it deserved within the organization.<ref>[http://www.zdnet.com/sg/icann-ceo-we-owe-asia-a-big-apology-7000011762/ ICANN CEO We Owe Asia a Big Apology, ZDnet.com] Retrieved 25 Feb 2013</ref>
[http://commerce.senate.gov/public/?a=Files.Serve&File_id=8c7e6c3b-a6b8-41a9-b59a-681dd278249f Testimony of Daniel L. Jaffe, Hearing on ICANN’s Expansion of Top Level Domains, Dec. 8, 2012]. U.S. Senate. Published 2012 December 8.</ref>
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[[Esther Dyson]] testified that the new gTLD program is not necessary to promote innovation. She said, ''"The rationale is that there's a shortage of domain names... but actually, there's a shortage of space in people's heads."'' She recommended for ICANN to conduct further consultation regarding the program and make a broader public outreach. She concluded her testimony with the saying, ''"If it ain't broke, don't fix it!"''<ref>
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As of 2017, ICANN has offices in Los Angeles, Singapore, Montevideo, and Brussels. It has engagement centers in Geneva, Beijing, Nairobi, and Washington, DC.<ref>[https://forms.icann.org/en/contact ICANN Contact Page]. Retrieved 22 Nov 2017.</ref>
[http://commerce.senate.gov/public/?a=Files.Serve&File_id=c81ce454-f519-4373-a51d-234c61755e39 Testimony of Esther Dyson, Hearing on ICANN's Expansion of Top Level Domains, Dec. 8, 2011]. U.S. Senate. Published 2011 December 8.</ref>
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As representative of the U.S. [[NTIA]], [[Fiona Alexander]] informed the members of the Senate Committee that the agency is part of the [[Governmental Advisory Committee]] (GAC), which is actively involved in the policy development process within ICANN. She testified that the NTIA and its counterparts within the GAC provided consensus advice to ICANN during the policy development process for the new gTLD program for six years. She emphasized that the GAC developed a "scorecard" to address the different issues raised by governments, which include:
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====Time Zone Database====
* objection procedures for governments 
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On October 14th, 2011, ICANN announced that it would take over the management of the [[Internet Time Zone Database]], which contains the code and data that computer programs and operating systems rely on to determine a given location's correct time. It agreed to pick up this new responsibility after a request from [[IETF]]. Prior to this, the Time Zone Database was managed by a group of volunteers, namely its coordinator, [[Arthur David Olson]] at the US National Institutes of Health.<ref>[http://www.icann.org/en/news/releases/release-14oct11-en.pdf ICANN to Manage Time Zone Database]. ICANN. Published 2011 October 14.</ref>
* procedures for the review of sensitive strings 
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* root zone scaling
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====IANA Functions Stewardship Transition====
* market and economic impacts
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: ''Main article: [[IANA Functions Stewardship Transition]]''
* registry-registrar separation 
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* protection of trademark rights and other intellectual property
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In March 2014, [[NTIA]] released a statement saying that they are intent on transitioning their part of the [[IANA]] functions away from NTIA and to the global stakeholder community. <ref>[http://www.ntia.doc.gov/press-release/2014/ntia-announces-intent-transition-key-internet-domain-name-functions NTIA announces intent to transition key domain name functions]</ref> ICANN issued a press release supporting this shift. <ref>[https://www.icann.org/resources/press-material/release-2014-03-14-en Press release, March 14 2014]</ref>
* consumer protection issues
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* post-delegation disputes with governments 
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ICANN created a co-ordination group from nominations among 13 community stakeholder groups, totaling 27 individuals, which produced a draft transition document. On December 2nd 2014, ICANN opened the public comment period on the draft transition document produced by the coordination group.<ref>[http://www.thedomains.com/2014/12/02/icann-opens-comment-period-for-its-move-out-of-us-control-deadline-is-december-22nd/ ICANN opens comment period for its move out of US control]</ref>
* use and protection of geographic names 
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* legal recourse for applicants
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* opportunities for stakeholders from developing countries 
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* law enforcement due diligence recommendations
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* early warning mechanism for applicants to identify if a proposed string would raise controversies or sensitivities
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Ms. Alexander strongly emphasized NTIA's support of ICANN's [[Multistakeholder Model|multistakeholder model]] of internet governance and dedication to maintaining the open Internet to promote economic growth, innovation and the free flow of information, products and services online.<ref>[http://commerce.senate.gov/public/?a=Files.Serve&File_id=98c38242-c53f-438a-bb53-2d986e4bf168 Testimony of Fiona M. Alexander, Hearing on ICANN’s Expansion of Top Level Domains, Dec. 8, 2011]. U.S. Senate. Published 2011 December 8.</ref>
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====A New Approach to Africa====
 +
On August 10, 2012, ICANN, with the support of [[AfriNIC]], announced an initiative to increase African participation in influence within ICANN. The initiative is the result of a meeting between [[Steve Crocker]], Chairman of ICANN's Board of Directors, ICANN's CEO-Designate [[Fadi Chehadé]], and Interim CEO [[Akram Atallah]], with African community members at [[ICANN 44]] in Prague, Czech Republic. Their goal is to develop a framework for ICANN's Africa strategy to be announced at [[ICANN 45]] in Toronto, Canada. A [[WG|working group]] was established, led by [[Nii Quaynor]] of Ghana, to contribute to the development of the strategy. The group is also to work with [[Tarek Kamel]], Head of Governmental Affairs.<ref>[http://www.icann.org/en/news/announcements/announcement-10aug12-en.htm A New Approach to Africa]. ICANN. Published 2012 August 10.</ref> The initiative has received strong support from African Internet stakeholders, including former Board Member [[Katim Touray]]. In March 2013, [[Fadi Chehadé]], expressed his desire to raise the number of registrars in Africa from 5 to 25, via personal and business relations with the banking and insurance sectors that would allow the African companies to more easily meet some form of tailored ICANN accreditation. His hope is to accomplish this in just a few months, with something implemented around ICANN 47 in Durban, in July, 2013<ref>[http://domainincite.com/12181-chehade-commits-to-grow-the-number-of-domain-registrars-in-africa Chehade Commits to Grow The Number of Number of Domain Registrars in Africa, DomainIncite.com] Retrieved 8 Mar 2013</ref>
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[[Kurt Pritz]] testified to the Senate committee that the introduction of new gTLDs has been one of the mandates of the Internet governing body since its establishment. Pritz pointed out that the new gTLD program was developed through the multistakeholder process; global internet stakeholders including brand and trade mark owners, domain name registries, registrars, registrants, governments, law enforcement agencies, governments, not-for-profit organizations, etc. participated in the policy development and implementation program for new gTLDs. He also emphasized the provisions in the Applicant Guidebook regarding new trademark protections such as the [[URS|Uniform Rapid Suspension]] (URS) and the [[Trademark Clearing House]], measures to mitigate malicious conduct, create objection processes, maintain [[DNSSEC|DNS Security]] (DNSSEC) and other relevant issues. He concluded his testimony by reiterating that the "ICANN community worked tirelessly to create the new gTLD program to promote competition and innovation..."<ref>
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====UDRP====
[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>
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''Main article: [[UDRP]]''
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====ICANN's Answers to the Senate Committee====
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On September 29th, 1999, ICANN posted the [[UDRP|Uniform Domain Name Resolution Policy]] for public comments. The process aimed to address problems arising from [[cybersquatting]] and protect intellectual property rights. This process was not solely a concern or product of ICANN, given [[WIPO]]'s earlier, and continued, effort on the [[UDRP]]. The policy asserts that it will transfer, delete, or asses other changes to any domain name held by a [[Domainer|domainer]] which:
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:
  −
# '''String Confusion Objection'''- the proposed new gTLD is confusingly similar to an existing or to another applied for gTLD string.
  −
# '''Legal Rights Objection'''- the gTLD string being applied for infringes the existing legal rights of the objector.
  −
# '''Limited Public Interest Objection'''- the proposed new gTLD string contradicts the generally accepted legal norms of morality and public order that are recognized under the principles of international law.
  −
# '''Community Objection'''- a significant number of the target community is opposed to the new gTLD string being applied for.
  −
Any objections should be filed to one of the three independent dispute resolution providers approved by ICANN, including the [[ICDR|International Centre for Dispute Resolution]] (string confusion objections), [[WIPO]] Arbitration and Mediation Center (legal rights objections), and the [[ICC|International Chamber of Commerce-International Center of Expertise]] (limited public interest and community objections). Moreover, Pritz also emphasized the appointment of an [[Independent Objector]], whose responsibility will be to review applications on behalf of the public interest and to file an objection if necessary.
  −
* '''Sunrise Period'''- Pritz informed the members of the committee that a Sunrise Period is mandated for all approved new gTLDs. The [[Trademark Clearinghouse]] will serve as a central repository of trademark rights information to be authenticated, stored and disseminated. All trademark holders will have the chance to record all their nationally and multi-nationally registered word marks from all jurisdictions. All the authenticated trademark rights data in the Trademark Clearinghouse will be used to protect those related domains during the pre-launch of the Sunrise Period and the Trademark claims services.
  −
* '''DNS Security ([[DNSSEC]])'''- Pritz confirmed that all new gTLD applicants are required to implement DNSSEC. He also informed them that 82% of existing TLD registries have already deployed DNSSEC to ensure the security and stability of the DNS.
  −
* '''Crackdown on Rogue Websites'''- The new gTLD program is designed to prevent illegal activities and to easily remove malicious conduct through increased accessibility of information by law enforcement agencies. A [[Whois#Thick_Whois|Thick Whois]] data system will be implemented to allow faster search capabilities and to efficiently combat rogue websites. ICANN will also implement background checks on applicants and will review their history of bad faith or reckless disregard of  anti-cybersquatting law.
  −
* '''Estimated Number of New gTLDs to be Created'''- Pritz explained that based on the Root Server Stability experts advise, ICANN is committed and limited to add 1,000 new gTLD to the root zone in one year.
  −
* '''Plans on Excess Revenue from new gTLDs'''- ICANN is committed to using any excess funds to promote its non-profit missions for the benefit of the Internet community, such as the creation of a registry continuity fund for the protection of registrants, or establishment of a security fund to expand the use of secure protocols, support standards development organizations and other projects in accordance with the internet governing body's security and stability mission. Prits also emphasized that ICANN's budget is utilized in a transparent manner. The use of excess funds are subject to community discussions and consultations.
  −
* '''Concerns Raised by [[ANA]] and other parties'''- Pritz explained that the new gTLD program was developed for more than six years with input from 10 or more experts and community working groups under the multistakeholder process. He pointed out that significant protection mechanisms were created to ensure protections for intellectual property rights, registry failures, etc. He also pointed out that all concerns raised by ANA and other parties were accepted, considered and responded to. He also reiterated that in the multistakeholder process not everyone will be satisfied with the result. He quoted NTIA Assitant Secretary [[Lawrence Strickling|Larry Strickling]]'s statement that ''"it is critical to respect the process and the outcome reached"''.
  −
* '''Harm of Delaying the new gTLD program Implementation'''- According to Pritz, if the new gTLD program implementation were to be delayed it will upset the multistakeholder process, which was designed by the United States government to ensure the openness of the internet.
  −
* '''[[FCC]] Concern on Rapid Exponential Expansion of new gTLDs'''- According to Pritz, the approved new gTLDs will be introduced in a measured and limited manner. No new gTLD will be operational before 2013 and the introduction will be distributed over time.
  −
* '''Recommendations of Law Enforcement Agencies'''- Pritz emphasized that ICANN is actively working to address the 12 recommendations of law enforcement agencies. ICANN is negotiating with registrars to amend an strengthen the [[Registrar Accreditation Agreement]] (RAA) to meet the recommendations before 2013.
  −
* '''Registry Failure'''- One of the safeguards implemented by ICANN for the new gTLD program is the availability of an Emergency Back End Registry Provider in case of registry failure.
  −
* '''United Nations Model on Internet Governance and its Impact'''- Pritz emphasized that the ICANN multistakeholder model is not perfect but ''"it has shown to be a powerful, dynamic model that is capable of reaching consensus positions on extremely difficult issues. A UN model will push the stakeholders outside the government to an inconsequential role." He also reiterated the statements of Sec. Strickling and Ambassador David Gross that abandoning the multistakeholder model will cause negative impact to the Internet  and its governance, and he said that an ''"internet constrained by an international treaty will stifle the innovators and entrepreneurs who are responsible for its awesome growth."''
  −
* '''Internet Growth and DNS Expansion'''- Pritz affirmed that the internet and the DNS will continue to grow. ICANN is committed to carrying out its mandates- to promote competition in the DNS while protecting vital information as well as business and consumer interests.
  −
* '''Status of [[IPv6]] Migration'''- Pritz explained that the [[IPv4]] and IPv6 protocols will be running side by side for years to come. Over 7,500 IPv6 had been allocated to network operators around the globe by the end of September 2011.
     −
In early November 2012, Chehadé invited a group of business, IP, and noncommercial users, along with registrar and registry stakeholder groups, to discuss Clearinghouse-related issues. Resolutions and decisions for ICANN include<ref>[http://blog.icann.org/2012/11/building-a-secure-and-reliable-trademark-clearinghouse/ Building a Secure and Reliable Trademark Clearinghouse]. ICANN Blog. Published 2012 November 7. Retrieved 2012 November 13.</ref>:
+
# Is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
* Registration: How registration recording and verification are addressed
+
# The domainer no rights or legitimate interests in respect of the domain name; and
# Agreeing to map out trademark submission and verification components
+
# The domain name in question has been registered and is being used in bad faith.<ref>[http://www.icann.org/en/udrp/udrp-policy-29sept99.htm Uniform Domain Name Dispute Resolution Policy]. ICANN. Published 1999 September 29.</ref>
# Developing a new system to offer timely and accurate information on new gTLD launches
  −
# Implementing seminars between implementers and various users
  −
* Sunrise Management: How to use Sunrise data files and offer flexibility for rights holders
  −
# Offering model in which Clearinghouse data can be provided securely to rights holders for early sunrise registration
  −
# Giving details on the degree of "matching" between a Clearinghouse record and a domain name's [[Whois]] data.
  −
* Claims Management: How new gTLDs registries and registrars will facilitate Clearinghouse records during the registration process
  −
# Agreeing to hybrid system of decentralized and centralized system for Trademark Claims
  −
# Offering trademark claims service for at least first 60 days of general registration and all new gTLD registries must offer a minimum 30-day sunrise period
  −
# Decided not to implement measures to address the potential mining of the Clearinghouse database for purposes not related to rights protection, on the basis that most controls would be ineffective
     −
==Further Developments==
+
The same day, ICANN also issued the [http://www.icann.org/en/udrp/udrp-rules-29sept99.htm Rules for the UDRP], which set forth the procedure for filing and responding to complaints. This was also open for a period of public commentary.<ref>[http://www.icann.org/en/udrp/udrp-rules-29sept99.htm Rules for Uniform Domain Name Dispute Resolution Policy]]. ICANN. Published 1999 September 29.</ref> Some of the public comments can be found [http://www.icann.org/en/comments-mail/comment-udrp/current/maillist.html here].
===Physical Expansion===
  −
In September, 2011, the [[ICANN Board]] approved resolutions to secure new office space for the organization. It is possible they will negotiate for more space at their current location, or that they find a new space at their headquarters of Marina Del Rey. It was also decided to begin permanently leasing its office space in Brussels instead of continuing to rent their space month-to-month. Much of its expansion is related to the new [[gTLD]] program. At the time of the board's decision, ICANN staff numbered 124, with 21 open positions to be filled. The 2012 budget includes $2.1 million for office space acquisition and maintenance for its offices in Marina Del Rey, Brussels, Sydney, Paolo Alto, and Washington D.C..<ref>[http://domainincite.com/as-new-gtlds-loom-icann-expands/ New gTLDs expand ICANN] Domain Incite. Published 2011 September 21.</ref> The Sydney office went on to be closed in 2012.
     −
In February 2013, former CEO Fadi Chehadé announced that ICANN's office in L.A. would diminish in importance while two new "hubs" would be created to fill the gap and provide new means of outreach to ICANN's international constituents. The hubs are to be located in Singapore and Istanbul, and are to act with far more authority and purpose than a stand-alone office; it is clear that many senior staff from the L.A. office will be asked to move, and the CEO himself said he will be based in Singapore once that office is up and running.<ref>[http://nigel.je/2013/02/icann-la-to-be-broken-up-begging-letters-to-stop/ ICANN LA To be Broken Up Begging Letters to Stop, Nigel.je] Retrieved 25 Feb 2012</ref><ref>[http://domainincite.com/11967-icann-to-set-up-hubs-in-singapore-and-istanbul ICANN to Set up Hubs in Singapore and Istanbul, DomainIncite.com] Retrieved 25 Feb 2013</ref> The news was announced during Mr. Chehadé's first comprehensive tour of Asia, with trips to South Korea, China, Japan, and Singapore. He noted that ICANN needed to  apologize to Asia, as it had long not been given the attention it deserved within the organization.<ref>[http://www.zdnet.com/sg/icann-ceo-we-owe-asia-a-big-apology-7000011762/ ICANN CEo We Owe Asia a Big Apology, ZDnet.com] Retrieved 25 Feb 2013</ref>
+
ICANN adopted the [[UDRP]] at its November, 1999, meeting in Los Angeles.<ref>[http://cyber.law.harvard.edu/udrp/overview.html Overview of Domain Name Policy Development]. Harvard Law.</ref>
    
==Organization & Structure==
 
==Organization & Structure==
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The [[Address Supporting Organization]] (ASO) is one of the supporting organizations that was formed, according to ICANN's bylaws, through community consensus in 1999. The main objective of the ASO is to review and develop [[IP|Internet Protocol]] recommendations, address policy, and advise the [[ICANN Board]].<ref>[http://aso.icann.org/ The Address Supporting Organization]. ICANN.</ref> Its members are appointed by the world's 5 [[RIR|Regional Internet Registries]] (RIRs), which manage and allocate IP addresses in their respective continental regions.<ref>[http://www.apnic.net/about-APNIC About APNIC]. APNIC.</ref><ref>[http://aso.icann.org/people/address-council/address-council-members/ Adress Council Members]. ASO.</ref>
 
The [[Address Supporting Organization]] (ASO) is one of the supporting organizations that was formed, according to ICANN's bylaws, through community consensus in 1999. The main objective of the ASO is to review and develop [[IP|Internet Protocol]] recommendations, address policy, and advise the [[ICANN Board]].<ref>[http://aso.icann.org/ The Address Supporting Organization]. ICANN.</ref> Its members are appointed by the world's 5 [[RIR|Regional Internet Registries]] (RIRs), which manage and allocate IP addresses in their respective continental regions.<ref>[http://www.apnic.net/about-APNIC About APNIC]. APNIC.</ref><ref>[http://aso.icann.org/people/address-council/address-council-members/ Adress Council Members]. ASO.</ref>
 +
 +
===GAC===
 +
: ''Main article: [[GAC]]
 +
The GAC is an advisory committee to ICANN, created under the ICANN ByLaws. It provides advice to ICANN on public policy aspects of ICANN’s responsibilities with regard to the Internet Domain Name System (DNS). The GAC is not a decision-making body. It advises ICANN on issues that are within ICANN’s scope. GAC advice has a particular status under the ICANN ByLaws. Its advice must be duly taken into account by the ICANN Board, and where the Board proposes actions inconsistent with GAC advice it must give reasons for doing so and attempt to reach a mutually acceptable solution. The GAC appoints a non-voting liaison to the ICANN Board. This is normally the GAC Chair.
 +
 +
===ALAC===
 +
: ''Main article: [[ALAC]]
 +
The At-Large Advisory Committee (ALAC) is one of [[ICANN]]'s [[AC|Advisory Committees]]. The mission of ALAC is to function as an advocate for the interests of individual Internet users.
 +
 +
===Other Committees===
 +
Many of the other new developments at ICANN were accomplished through the introduction of review teams; such as the  Committee on ICANN Evolution and Reform. Other Committees intent on expanding and specializing the role of ICANN were also created, such as the Security Committee, which eventually became the [[SSAC|Security and Stability Advisory Committee]]. Both of these committees were given official recognition in 2002.<ref name="accra">[http://www.icann.org/en/minutes/prelim-report-14mar02.htm#EvolutionandReformCommittee ICANN Meeting in Accra Preliminary Report]. ICANN. Published 2002 March 14.</ref> The push for reform was also significantly aided by [[Stuart Lynn]]'s "President's report: The Case for Reform,"<ref>[http://www.icann.org/en/general/lynn-reform-proposal-24feb02.htm President's Report: ICANN – The Case for Reform]. ICANN. Published 2002 February 24.</ref> which they credited for starting the dialogue on reform and leading to the creation of the more formal committee.<ref name="bucharest">[http://www.icann.org/en/minutes/prelim-report-28jun02.htm#EvolutionandReform ICANN Meeting in Bucharest Preliminary Report]]. ICANN. Published 2002 June 28.</ref>
 +
 +
ICANN adopted a new set of by-laws, which were first laid out by the aforementioned Evolution and Reform Committee, before being revised in response to Public Forums. Those by-laws can be read [http://www.icann.org/en/minutes/minutes-appa-31oct02.htm here]. The by-laws not only more clearly defined ICANN's mission and core values, but it also put in place and improved apparatuses for review and greater transparency. The [[Reconsideration Committee]], [[IRP|Independent Review Panel]], and the [[Ombudsman]] all were strengthened as a part of this move towards a more transparent organization that is able to defend its actions and decisions.<ref>[http://www.icann.org/en/minutes/minutes-appa-31oct02.htm Appendix A to Minutes ICANN Board Meeting in Shanghai]. ICANN. Published 2002 October 31.</ref>
    
==Process==
 
==Process==
 
===Meetings===
 
===Meetings===
 
: ''Main article: [[ICANN Meetings]]''
 
: ''Main article: [[ICANN Meetings]]''
ICANN holds week-long meetings three times per year; one of these meetings serves as the organization's annual meeting, where new board directors take their appointed seats. These meetings are held in a different location each time, with each global region hosting a meeting before the regional cycle is started anew.<ref name="meetings"></ref> The next meeting will be the 53rd meeting in Buenos Aires, Argentina. <ref>[http://blog.icann.org/2011/02/middle-east-developments-interfere-with-icann-41-jordan-meeting/ Middle East Developments Cause Cancellation of ICANN Jordan Meeting]. ICANN Blog. Published 2011 February 18.</ref>  
+
ICANN holds meetings three times per year; one of these meetings serves as the organization's annual general meeting, where new board directors take their appointed seats. These meetings are held in a different location each time, with each global region hosting a meeting before the regional cycle is started anew.<ref name="meetings"></ref> The next meeting will be the 61st meeting in San Juan, Puerto Rico. <ref>[http://blog.icann.org/2011/02/middle-east-developments-interfere-with-icann-41-jordan-meeting/ Middle East Developments Cause Cancellation of ICANN Jordan Meeting]. ICANN Blog. Published 2011 February 18.</ref> Meetings are designated as A, B, C and each meeting has a varying length and purpose.
 
  −
Meetings officially begin on a Monday, though some [[SO|supporting organizations]] meet prior to this, and run through Friday.
  −
 
  −
A fellowship program is in place to bring in individuals who have a desire or need to attend but do not have the financial backing to attend on their own.<ref>[http://www.icann.org/en/fellowships/ Fellowship Program]. ICANN.</ref>
  −
 
   
===Review Processes===
 
===Review Processes===
 
ICANN has mechanisms in place for any individual or entity to solicit a reappraisal of any board decision that affects them. The [[Board Governance Committee]] is in charge of reviewing all reconsideration requests, which are submitted electronically and must be responded to within 30 days. The boards actions are also reviewed by an [[IRP|Independent Review Panel]], which has the power to call attention to discrepancies between the [[ICANN Bylaws|bylaws]] and actions taken by the board, and recommend that the board readdress certain issues. Furthermore, ICANN's structure and operations, including every supporting organization and committee, is also subject to occasional reviews.<ref name="bylaws"></ref>
 
ICANN has mechanisms in place for any individual or entity to solicit a reappraisal of any board decision that affects them. The [[Board Governance Committee]] is in charge of reviewing all reconsideration requests, which are submitted electronically and must be responded to within 30 days. The boards actions are also reviewed by an [[IRP|Independent Review Panel]], which has the power to call attention to discrepancies between the [[ICANN Bylaws|bylaws]] and actions taken by the board, and recommend that the board readdress certain issues. Furthermore, ICANN's structure and operations, including every supporting organization and committee, is also subject to occasional reviews.<ref name="bylaws"></ref>
    
==Conflicts of Interest==
 
==Conflicts of Interest==
ICANN has never had a clear conflicts on interest policy, or any regulations in place that would prevent its most important staff members and its  directors from moving directly into employment within the industry. This is an issue given the fact that these people of power influence the decisions and market-power of ICANN, and thus they could help create programs and policies that they could then go on to financially benefit from. This notably came to a head in 2011, when a prominent staffer and the Chairman of the Board left ICANN for employment in the industry. Both were involved in developing ICANN's new [[gTLD]] program, and both went on the be employed in new gTLD related ventures.<ref name="revolvingdoor">[http://domainincite.com/calls-to-fix-new-gtld-revolving-door-at-icann/ Calls to Fix Revolving Door]. Domain Incite. Published 2011 June 26.</ref>
+
ICANN adopted a Conflict of Interest policy in 2012.<ref>I[https://www.icann.org/resources/pages/governance/coi-en CANN Conflict of Interest Policy]. Retrieved 21 Nov 2017. </ref> The policy requires that all Board Members, as well as those in various other positions, disclose any and all potential conflicts of interest to the [[Board Governance Committee]]. They must then abstain from any ICANN activities related to the conflict of interest,<ref>[http://www.icann.org/en/committees/board-governance/coi/ ICANN Conflict of Interest Policy]. ICANN. Published 2012 May 6.</ref> Board members also may not join business with a new gTLD registry until 12 months after the registry's application has been voted on.<ref name="dotnxt" /> Prior to the policy, ICANN did not have a clear position. This notably came to a head in 2011, when a prominent staffer and the Chairman of the Board left ICANN for employment in the industry. Both were involved in developing ICANN's new [[gTLD]] program, and both went on the be employed in new gTLD related ventures.<ref name="revolvingdoor">[http://domainincite.com/calls-to-fix-new-gtld-revolving-door-at-icann/ Calls to Fix Revolving Door]. Domain Incite. Published 2011 June 26.</ref>
 
  −
The Chairman of the board in question was [[Peter Dengate Thrush]], who led the directors to the historic approval of a new gTLD program and timeline at [[ICANN 41]] in Singapore. This was his final meeting as Chairman of the board due to the determined term limits. Mr. Thrush went on, weeks later, to become the Executive Chairman of [[Top Level Domain Holdings]], the parent company of new gTLD registry and consultancy, [[Minds + Machines]]. He was the first chair to move directly into a high-paying, domain name industry job.<ref>[http://domainincite.com/former-icann-chair-joins-mm/ Former ICANN Chair Joins M + M]. Domain Incite. Published 2011 June 26.</ref>
  −
 
  −
Following Mr. Thrush's move to Minds + Machines, a number of outside organizations and ICANN stakeholders called for a concrete ethics policy to be set in place, these include: U.S. Senator Ron Wyden, the [[Association of National Advertisers]], The [[European Commission]], The U.S. [[Department of Commerce]], the French government, and other IP and industry organizations.<ref>[http://domainincite.com/would-an-icann-ethics-policy-break-the-law/ Would an ICANN ethics policy break the law]. Domain Incite. Published 2011 October 3.</ref> ICANN's CEO, [[Rod Beckstrom]] had previously noted at the opening ceremony to ICANN 42, even before Peter Dengate Thrush moved on, that he was encouraged by the fact that the ICANN community was moving to fix the lack of clear ethics rules within the organization. [[AusRegistry]]'s CEO, [[Adrian Kinderis]], later noted the converse fact that without clear ethics policies he and his industry would continue to go after ICANN's most knowledgeable and prepared individuals for their own gain.<ref name="revolvingdoor"></ref>
  −
 
  −
Following these developments, ICANN announced it would hire outside ethics experts to review its policies and make recommendations. The decision was made during a September, 2011 meeting of the board governance committee.<ref>[http://domainincite.com/icann-to-hire-conflict-of-interest-experts/ ICANN to Hire Conflict of Interest Experts]. Domain Incite. Published 2011 October 6.</ref>
     −
A new Conflict of Interest Policy was released on December 8th, 2011, effective immediately. The policy requires that all Board Members, as well as those in various other postions, disclose any and all potential conflicts of interest to the [[Board Governance Committee]]. They must then abstain from any ICANN activities related to the conflict of interest,<ref>[http://www.icann.org/en/committees/board-governance/coi/ ICANN Conflict of Interest Policy]. ICANN. Published 2012 May 6.</ref> Board members also may not join business with a new gTLD registry until 12 months after the registry's application has been voted on.<ref name="dotnxt"></ref>
+
ICANN's CEO, [[Rod Beckstrom]] had previously noted at the opening ceremony to ICANN 42, even before staff member moved on, that he was encouraged by the fact that the ICANN community was moving to fix the lack of clear ethics rules within the organization. Following these developments, ICANN announced it would hire outside ethics experts to review its policies and make recommendations. The decision was made during a September, 2011 meeting of the board governance committee.<ref>[http://domainincite.com/icann-to-hire-conflict-of-interest-experts/ ICANN to Hire Conflict of Interest Experts]. Domain Incite. Published 2011 October 6.</ref>
 
  −
===Time Zone Database===
  −
On October 14th, 2011, ICANN announced that it would take over the management of the [[Internet Time Zone Database]], which contains the code and data that computer programs and operating systems rely on to determine a given location's correct time. It agreed to pick up this new responsibility after a request from [[IETF]]. Prior to this, the Time Zone Database was managed by a group of volunteers, namely its coordinator, [[Arthur David Olson]] at the US National Institutes of Health.<ref>[http://www.icann.org/en/news/releases/release-14oct11-en.pdf ICANN to Manage Time Zone Database]. ICANN. Published 2011 October 14.</ref>
      
===Manwin Anti-Trust Lawsuit===
 
===Manwin Anti-Trust Lawsuit===
[[Manwin]], one of the most prominent adult content producers on the Internet, filed an Anti-Trust suit against both [[ICM Registry]] and ICANN over the creation and implementation of the [[.xxx]] [[sTLD]]. This legal action took place in November, 2011, well after the TLD's approval and just before its general availability.<ref>[http://www.thedomains.com/2011/11/16/bbreaking-owner-of-youporn-com-plans-to-file-suit-against-icm-icann-over-xxx/ Owner of YouPorn.com Plans to File Suit Against ICM ICANN over XXX]. The Domains. Published 2011 November 16.</ref> It also filed an [[IRP|Independent Review Panel]] (IRP) Request with ICANN, making it only the second company ever to do so (the first being ICM Registry itself). Manwin felt that ICANN did not "adequately address issues including competition, consumer protection, malicious abuse and rights protection prior to approving the .xxx TLD."<ref>[http://domainincite.com/youporn-challenges-new-gtlds-with-review-demand/ YouPorn Challenges New gTLDs with Review Demand]. Domain Incite. Published 2011 November 17.</ref>
+
:: ''Main article: [[sTLD]]''
 +
[[Manwin]], one of the most prominent adult content producers on the Internet, filed an Anti-Trust suit against both [[ICM Registry]] and ICANN over the creation and implementation of the [[.xxx]] [[sTLD]]. This legal action took place in November 2011, well after the TLD's approval and just before its general availability.<ref>[http://www.thedomains.com/2011/11/16/bbreaking-owner-of-youporn-com-plans-to-file-suit-against-icm-icann-over-xxx/ Owner of YouPorn.com Plans to File Suit Against ICM ICANN over XXX]. The Domains. Published 2011 November 16.</ref> It also filed an [[IRP|Independent Review Panel]] (IRP) Request with ICANN, making it only the second company ever to do so (the first being ICM Registry itself). Manwin felt that ICANN did not "adequately address issues including competition, consumer protection, malicious abuse, and rights protection prior to approving the .xxx TLD."<ref>[http://domainincite.com/youporn-challenges-new-gtlds-with-review-demand/ YouPorn Challenges New gTLDs with Review Demand]. Domain Incite. Published 2011 November 17.</ref>
   −
In January, 2012, ICANN and ICM both filed motions to dismiss the case. ICANN argued that since it is a not-for-profit organization and it is not engaged in "trade or commerce," the US anti-trust laws are not applicable; additionally, both ICM and ICANN argued that Manwin's filing was essentially complaining about the possible increase in competition. ICM cited that Manwin had approached the company earlier with a supposed mutually-beneficial agreement, in which Manwin would acquire various premium .xxx domains for free, in exchange for sharing the profits of these domains with ICM. When ICM turned down the agreement, Manwin Managing Partner Fabian Thylmann said that he would do whatever he could to stop .xxx.<ref>[http://domainincite.com/icann-antitrust-law-does-not-apply-to-us/ ICANN: Antitrust Law Does Not Apply To Us]. Domain Incite. Published 2012 January 21.</ref> ICANN's and ICM's motions to dismiss can be found [http://domainincite.com/docs/icann-manwin-motion-to-dismiss.pdf here] and [http://domainincite.com/docs/manwin-icm-motion-to-dismiss-2.pdf here] respectively.
+
In January 2012, ICANN and ICM both filed motions to dismiss the case. ICANN argued that since it is a not-for-profit organization and it is not engaged in "trade or commerce," the US anti-trust laws are not applicable; additionally, both ICM and ICANN argued that Manwin's filing was essentially complaining about the possible increase in competition. ICM cited that Manwin had approached the company earlier with a supposed mutually-beneficial agreement, in which Manwin would acquire various premium .xxx domains for free, in exchange for sharing the profits of these domains with ICM. When ICM turned down the agreement, Manwin Managing Partner Fabian Thylmann said that he would do whatever he could to stop .xxx.<ref>[http://domainincite.com/icann-antitrust-law-does-not-apply-to-us/ ICANN: Antitrust Law Does Not Apply To Us]. Domain Incite. Published 2012 January 21.</ref> ICANN's and ICM's motions to dismiss can be found [http://domainincite.com/docs/icann-manwin-motion-to-dismiss.pdf here] and [http://domainincite.com/docs/manwin-icm-motion-to-dismiss-2.pdf here] respectively.
 
  −
In mid-February, Manwin, ICANN and ICM Registry announced that they were in talks and hoping to resolve some or all of the outstanding complaints. The motions to dismiss the case filed by ICANN and ICM were temporarily put on hold.<ref>[http://domainincite.com/icm-and-youporn-in-antitrust-settlement-talks/ ICM and YouPorn in AntiTrust Settlement Talks]. Domain Incite. Published 2012 February 14.</ref> On February 17, the company amended its anti-trust lawsuit against ICANN and ICM Registy. According to Manwin's counsel Kevin E. Gaut, two related state law claims were dropped to avoid potential risks of trial delays.<ref>[http://www.thedomains.com/2012/02/21/manwin-amends-complaint-against-icm-icann-drops-2-state-claims-talks-of-settlement/ Manwin Amends Complaint Against ICM & ICANN & Drops 2 State Claims & Talks Of Settlement]. The Domains. Published 2012 February 21.</ref>
  −
 
  −
In August 2012, a mixed ruling by the Central District of California District Court accepted only 2 out of ICANN and ICM's 7 motions to dismiss. The court ruled that ICANN would be subject to anti-trust law, as ICM pays fees to them in order to be permitted to run the .xxx domain space, and that the trial would proceed with focus on the "defensive registrations" market.<ref>[http://domainincite.com/10149-court-rules-youporn-can-sue-icann-for-alleged-xxx-antitrust-violations Court rules YouPorn can sue ICANN for alleged .xxx antitrust violations]. Domain Incite. Published 2012 August 14.</ref>
      
===Employ Media Arbitration===
 
===Employ Media Arbitration===
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One day before the implementation of the [[New gTLD Program|new gTLD program]], the [[.JOBS Charter Compliance Coalition]], sent a letter to ICANN detailing the internet governing body's failure to evaluate and investigate all comments and information submitted by entities against the request of the [[.jobs]] registry operator to change its charter. It pointed out that ICANN failed to acknowledge its mistake and overturn its decision when complaints and evidence were filed for reconsideration that Employ Media violated its charter. The coalition chairman stated that ICANN was inefficient in dealing with the arbitration proceedings to immediately resolve Employ Media's charter violation, and consequently the company continues to exploit the .jobs TLD and expand the universe.jobs website. Furthermore, it said that the internet community is concerned that ICANN's new gTLD program's multiple stakeholder protection mechanisms might end up mismanaged just like the .jobs TLD and ICANN's promises are "empty words." Moreover, Bell requested the ICANN Board to publicly disqualify Employ Media and its partner, the Direct Employers Association ,from the [[New gTLD Program|new gTLD expansion program]] because the registry operator has a "history of abuse." According to its Chairman, this is the only way for ICANN to regain a measure of regulatory authority.<ref>
 
One day before the implementation of the [[New gTLD Program|new gTLD program]], the [[.JOBS Charter Compliance Coalition]], sent a letter to ICANN detailing the internet governing body's failure to evaluate and investigate all comments and information submitted by entities against the request of the [[.jobs]] registry operator to change its charter. It pointed out that ICANN failed to acknowledge its mistake and overturn its decision when complaints and evidence were filed for reconsideration that Employ Media violated its charter. The coalition chairman stated that ICANN was inefficient in dealing with the arbitration proceedings to immediately resolve Employ Media's charter violation, and consequently the company continues to exploit the .jobs TLD and expand the universe.jobs website. Furthermore, it said that the internet community is concerned that ICANN's new gTLD program's multiple stakeholder protection mechanisms might end up mismanaged just like the .jobs TLD and ICANN's promises are "empty words." Moreover, Bell requested the ICANN Board to publicly disqualify Employ Media and its partner, the Direct Employers Association ,from the [[New gTLD Program|new gTLD expansion program]] because the registry operator has a "history of abuse." According to its Chairman, this is the only way for ICANN to regain a measure of regulatory authority.<ref>
 
[http://news.dot-nxt.com/2012/01/11/dot-jobs-could-kill-icann The case study that could kill ICANN]. dotnxt. Published 2012 January 11.</ref>
 
[http://news.dot-nxt.com/2012/01/11/dot-jobs-could-kill-icann The case study that could kill ICANN]. dotnxt. Published 2012 January 11.</ref>
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===A New Approach to Africa===
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On August 10, 2012, ICANN, with the support of [[AfriNIC]], announced an initiative to increase African participation in influence within ICANN. The initiative is the result of a meeting between [[Steve Crocker]], Chairman of ICANN's Board of Directors, ICANN's CEO-Designate [[Fadi Chehadé]], and Interim CEO [[Akram Atallah]], with African community members at [[ICANN 44]] in Prague, Czech Republic. Their goal is to develop a framework for ICANN's Africa strategy to be announced at [[ICANN 45]] in Toronto, Canada. A [[WG|working group]] was established, led by [[Nii Quaynor]] of Ghana, to contribute to the development of the strategy. The group is also to work with [[Tarek Kamel]], Head of Governmental Affairs.<ref>[http://www.icann.org/en/news/announcements/announcement-10aug12-en.htm A New Approach to Africa]. ICANN. Published 2012 August 10.</ref> The initiative has received strong support from African Internet stakeholders, including former Board Member [[Katim Touray]]. In March 2013, [[Fadi Chehadé]], expressed his desire to raise the number of registrars in Africa from 5 to 25, via personal and business relations with the banking and insurance sectors that would allow the African companies to more easily meet some form of tailored ICANN accreditation. His hope is to accomplish this in just a few months, with something implemented around ICANN 47 in Durban, in July, 2013<ref>[http://domainincite.com/12181-chehade-commits-to-grow-the-number-of-domain-registrars-in-africa Chehade Commits to Grow The Number of Number of Domain Registrars in Africa, DomainIncite.com] Retrieved 8 Mar 2013</ref>
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===IANA Functions Stewardship Transition===
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: ''Main article: [[IANA Functions Stewardship Transition]]''
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In March 2014, [[NTIA]] released a statement saying that they are intent on transitioning their part of the [[IANA]] functions away from NTIA and to the global stakeholder community. <ref>[http://www.ntia.doc.gov/press-release/2014/ntia-announces-intent-transition-key-internet-domain-name-functions NTIA announces intent to transition key domain name functions]</ref> ICANN issued a press release supporting this shift. <ref>[https://www.icann.org/resources/press-material/release-2014-03-14-en Press release, March 14 2014]</ref>
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ICANN created a co-ordination group from nominations among 13 community stakeholder groups, totaling 27 individuals, which produced a draft transition document. On December 2nd 2014, ICANN opened the public comment period on the draft transition document produced by the coordination group.<ref>[http://www.thedomains.com/2014/12/02/icann-opens-comment-period-for-its-move-out-of-us-control-deadline-is-december-22nd/ ICANN opens comment period for its move out of US control]</ref>
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==House of Representatives Hearing on new gTLD==
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On December 14, 2011, the U.S. House of Representatives Sub-Committee on Communications Technology-Committee on Energy and Commerce also conducted a similar hearing regarding the new gTLD program. Kurt Pritz and all the other individuals who testified in the Senate also served at witnesses at the House of Representatives who echoed the same views about the program. [[Josh Bourne|Joshua Bourne]], President of The Coalition Against Domain Name Abuse ([[CADNA]]), [[Thomas Embrescia]], CEO of [[Employ Media]] and [[Anjali Hansen]], IP attorney at the Council of Better Business Bureaus joined the rest of the witnesses during the hearing.<ref>[http://www.mondaq.com/unitedstates/x/158500/Trademark/New+gTLD+Hearing+Round+2+A+Critical+House+But+to+What+End United States: New gTLD Hearing, Round 2: A Critical House, But To What End?]. Mondaq. Published 2011 December 22.</ref>
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===Testimony of Witnesses===
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Mr. '''Joshua Bourne''' expressed his concern over the program and suggested some recommendations including the availability of a second round of application ease the anxiety associated with the program, provide option to block trademarks, update the language of the Anti-Cybersquatting Protection Act ([[ACPA]]), reduce pricing for multiple gTLD applicants and to add conditions on the [[IANA]] contract.<ref>[http://democrats.energycommerce.house.gov/index.php?q=hearing/hearing-on-icann-s-top-level-domain-name-program Testimony of Josh Bourne-President, Coalition Against Domain Name Abuse]. Committee on Energy & Commerce. Published 2011 December 14.</ref> The call for second round of application was also expressed by Josh and the attendees of the CADNA gTLD Conference on November 2011.<ref name="worldtrademarkreview">[http://www.worldtrademarkreview.com/daily/detail.aspx?g=1315ECFA-EEB1-4F32-B1BC-2BBCFAF1C9C3 International - Call for ICANN to announce second round of gTLD applications]. World Trademark Review. Published 2011 November 2.</ref>
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In her testimony, Ms. '''Anjali Hansen''' expressed her concern regarding the level of abuses and fraud over the internet and the high costs of brand protection. She also pointed out the importance of a competitive, innovative and open internet and BBB is not requesting for excessive regulation of the Internet by governments but they encourage registries and registrars to implement application standards to help reduce costs to businesses and to restore consumer trust.<ref>[http://www.ana.net/getfile/17081 Testimony of Anjali K. Hansen-Intellectual Property Attorney, Council of Better Business Bureaus]</ref>
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'''Thomas Embrescia''' testified in support of the ICANN new gTLD program. During the hearing, he pointed out that the private sector has a strong demand for new TLDs and the new gTLD program promotes competition, innovation. Furthermore he emphasized that it would help create more jobs and opportunities.He encouraged the members of the Congress to support the program. <ref>[http://democrats.energycommerce.house.gov/index.php?q=hearing/hearing-on-icann-s-top-level-domain-name-program Testimony of Thomas Embrescia, CEO of Employ Media]. Committee on Energy & Commerce. Published 2011 December 14.</ref>
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===ICANN's Answers to Sub-Committee Members' Inquiries===
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On January 5, 2012, Cong. Greg Walden, Chairman of the House Sub-Committee on Communications and Technology, sent a letter to ICANN requesting answers to some issues related to the new gTLD program including:<ref>[http://www.icann.org/en/correspondence/pritz-to-walden-20jan12-en.pdf ICANN's Response to Cong. Greg Walden]. ICANN. Published 2012 January 20.</ref>
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* '''Process used by ICANN in achieving consensus through the [[Multistakeholder Model|multistakeholder model]]'''
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ICANN explained that consensus was achieved through community-driven policy development processes wherein working teams composed of members of the different internet stakeholders developed reports and recommendations and the public were given the opportunity to comment. The public comments were considered when drafting the final report and recommendations, before they were submitted it to the appropriate organization within ICANN such as the [[GNSO]] Council, which would in turn present their findings to the ICANN Board. ICANN emphasized that the GNSO Council is composed of all internet stakeholders and voted 19-1 in favor of the new gTLD policy. The internet governing body also pointed out that ICANN's Advisory Committees ([[GAC]], [[ALAC]], [[SSAC]], [[RSSAC]] etc.) were involved in the consensus development. ICANN reiterated the statement of Sec. [[Lawrence Strickling|Larry Strickling]] that the ICANN ''"multistakeholder does not guarantee that everyone will be satisfied with the outcome.But it is critical to preserving the model of Internet governance that has been so successful to date that all parties respect and work through the process and accept the outcome once a decision is reached..."''
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* '''Rights Protection Mechanisms'''
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Rights protection will be implemented in the first and second level domain names. The internet governing body mentioned the development of the [[Trademark Clearinghouse]] as one of the rights protection mechanisms and it is mandatory to all new TLDs.
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* '''Request for a Second Round of Application'''
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ICANN stated that it is committed to conducting additional rounds of new gTLD applications and it is working on determining that schedule.
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* '''Transparency regarding Surplus Funds generated from the new gTLD applications'''
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ICANN emphasized that it is committed to using the excess funds generated from the new gTLD applications to advance its missions in a transparent way, such as allocating funds to projects that are of interest to the greater Internet community.
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* '''Bilateral Negotiations with registrars about the twelve Law Enforcement Due Diligence Recommendations'''
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ICANN confirmed that it is conducting negotiations with its accredited registrars regarding the 12 recommendations of the enforcement agencies. Updates to the negotiation are available [https://community.icann.org/display/RAA/Negotiations+Between+ICANN+and+Registrars+to+Amend+the+Registrar+Accreditation+Agreement '''here''']
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* '''Contingency Plan in case a registry operator goes out of business'''
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ICANN told the Congress that an "[[EBERO|Emergency Backend Registry Operator]]" ([[EBERO]]) is in place to take-over the operations if a failed registry to ensure that the interest of domain name registrants are protected.
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* '''[[Applicant Support Program]] (ASP)'''
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ICANN explained that information regarding the new Applicant Support Program is available, which offers two types of financial assistance under ASP: a reduced application fee of $47,000 from $185,000, and a payment plan to deal with the whole $185,000 application fee. To qualify for financial assistance, entities must meet certain criteria. Financial Assistance applications will be evaluated by an independent [[SARP|Support Application Review Panel]] (SARP).
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* '''[[Trademark Clearinghouse]]'''
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ICANN explained that the Trademark Clearinghouse is a database of registered trademarks and other  types [[Intellectual Property|intellectual property]] rights, which will be used to provide protection during the "[[Sunrise]]" and "Trademark Claims" processes. ICANN notes that 60-days post launch operation of the Trademark Claims exceeds the final recommendation of the [[Special Trademark Issues]] (STI) team, which was involved in developing the service and suggested that no mandatory post-launch claims service is necessary.
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* '''Possibility of subsidizing the costs of Uniform Dispute Resolution Policy (UDRP) using surplus funds'''
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ICANN clarified that no commitment has been made regarding the use of surplus funds and that the issue is a matter of continued community consultations. ICANN will consider the proposal to subsidize costs of disputes under the UDRP.
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* '''[[Whois#Thick_Whois| Thick Whois]] System'''
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ICANN is dedicated to improving the access and accuracy of the [[Whois]] information; Thick Whois information requirements will be in place for all new gTLDs. Five studies regarding Whois services focusing on issues related to misuse, registrant identification, privacy and proxy services were conducted.
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* '''New gTLD Application Fee'''
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ICANN provided a breakdown of the current $185,000 application fee, which includes development costs ($26,950 per application), applications processing and evaluation costs ($97,800 per application), costs for risk mitigation steps ($60,000 per applicant). Further breakdown of the cost is available [http://www.icann.org/en/topics/new--gtlds/cost--considerations--04oct09--en.pdf.'''here''']
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* '''Revenue from second level domain name registrations under new gTLDs'''
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ICANN said that it did not evaluate any additional revenue that might be generated from defensive second level domain name registrations. Registries are required to pay ICANN with annual fees with fixed components.
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* '''Cost recovery model in assessing fees'''
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The cost-neutral model was a direct response to the GNSO policy recommendation that application fees are designed to ensure that the implementation of the new gTLD program is self funding. Once the TLDs are operational, transaction based fees for registries and registrars will apply to domain registrations.
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* '''Loser pays system against cybersquatting'''
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The new gTLD dispute resolution under the new gTLD program implements the loser pays system. The [[IRT]] did not recommend a full loser pays system for domain name disputes related to [[cybersquatting]]. The loser pays system has exceptions on filing fees for disputes and URS claims of less than 15 domain names. Claims for 26 or more names in a URS claims might be done on a loser-pays basis.
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* '''Auction process for multiple gTLD applicants'''
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The auctions process in case of multiple gTLD applicants will be applied as a last resort. ICANN encourage applicants to work on developing a mutually-agreeable solution.
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* '''[[Cybersquatting]] and other concerns raised by [[ANA]]'''
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The new gTLD program offers heightened protection mechanisms against abuses, registry failure and other malicious conducts designed by intellectual property experts
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* '''Law Enforcement Community Recommendations'''
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ICANN is actively working on the 12 recommendations of the law enforcement community and negotiating with registrars to amend the [[Registrar Accreditation Agreement]] (RAA), particularly the inclusion of a more improved and accurate Whois database.
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* '''Cost/Benefit Analysis used by ICANN before implementing the new gTLD program'''
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Five economic studies were commissioned by ICANN to examine the anticipated benefits and costs of the new gTLD program.
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==Second Round of Application==
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On February 7, 2012, the [[ICANN Board]] approved the implementation of a second round and application window for the new gTLD program in response to the request of the global Internet community, particularly the members of [[CADNA]]. The board delegated the [[ICANN CEO]] to work with the Internet community to develop a work plan and the needed prerequisites to open the second round of application for new gTLDs.<ref>[http://www.icann.org/en/groups/board/documents/resolutions-07feb12-en.htm#4 Approved Board Resolutions | Special Meeting of the ICANN Board]. ICANN. Published 2012 February 7.</ref> <ref name="worldtrademarkreview"></ref>
      
==Awards==
 
==Awards==

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