Domain Names and the Secret Trans-Pacific Partnership Agreement (TPP)

The US government together with other governments, are by-passing ICANN and the ITU, and entering the realm of direct internet governance of Domain Names and the DNS, through the Trans-Pacific Partnership Agreement--essentially mandating a WHOIS and UDRP (cybersquatting remedies) for all ccTLDs--

Secret Trans-Pacific Partnership Agreement (TPP) - IP Chapter: "...WikiLeaks released the secret negotiated draft text for the entire TPP (Trans-Pacific Partnership) Intellectual Property Rights Chapter. The TPP is the largest-ever economic treaty, encompassing nations representing more than 40 per cent of the world’s GDP. The WikiLeaks release of the text comes ahead of the decisive TPP Chief Negotiators summit in Salt Lake City, Utah, on 19-24 November 2013. The chapter published by WikiLeaks is perhaps the most controversial chapter of the TPP due to its wide-ranging effects on medicines, publishers, internet services, civil liberties and biological patents. Significantly, the released text includes the negotiation positions and disagreements between all 12 prospective member states..."

DNS Policy Notes | Bloomberg BNA: "The text of the TPP's Intellectual Property Chapter calls for signatories to do just two things regarding domain names: (1) provide a cybersquatting remedy [UDRP] for ccTLDs along the lines of the Uniform Domain Name Dispute Resolution Policy and (2) provide a reliable and accurate database of domain name registrants [WHOIS] in the ccTLDs. All of the countries participating in the TPP -- except for Brunei (.bn) -- have what the TPP is looking for... Fast-forward to the May 2014 IP chapter draft. According to WikiLeaks, the cybersquatting provision appears to have been amended to each country's satisfaction:

Article QQ.C.12: {Domain Name Cybersquatting}

1.In connection with each Party's system for the management of its country-code top-level domain (ccTLD) domain names, the following shall be available:

(a) an appropriate procedure for the settlement of disputes, based on, or modeled along the same lines as, the principles established in the Uniform Domain Name Dispute-Resolution Policy, or that is: (i) designed to resolve disputes expeditiously and at low cost, (ii) fair and equitable, (iii) not overly burdensome, and (iv) does not preclude resort to court litigation; and

(b) online public access to a reliable and accurate database of contact information concerning domain-name registrants; in accordance with each Party's laws and, or relevant administrator policies regarding protection of privacy and personal data.

2.In connection with each Party's system for the management of ccTLD domain names, appropriate remedies, *shall be available, at least in cases where a person registers or holds, with a bad faith intent to profit, a domain name that is identical or confusingly similar to a trademark.

*It is understood that such remedies may but need not include, for example, revocation, cancellation, transfer, damages, or injunctive relief.

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ICANN 51, Thursday Schedule Highlights, Wednesday Recap

ICANN 51--Thursday, 16 October, Schedule Highlights:
07:00 to 07:30 PDT ALAC and Regional Leadership Wrap-Up Meeting Part I Olympic
07:30 to 08:15 PDT ALAC and ccNSO Council Meeting Olympic
08:00 to 09:00 PDT SSAC Public Meeting Plaza Pavilion
08:00 to 09:15 PDT CCWG on Use of Country/Territory Names as TLDs
08:00 to 18:00 PDT DNSSEC Key Rollover Workshop Brentwood
08:30 to 09:45 PDT Contractual Compliance Registrar Outreach [C] Olympic
08:30 to 09:45 PDT Enhancing ICANN Accountability Los Angeles
08:30 to 09:45 PDT Thick WHOIS Implementation (Working Session) Constellation
09:00 to 09:30 PDT Working Group on GAC Working Methods Plaza Pavilion
09:30 to 10:00 PDT GAC Work Plan Plaza Pavilion
10:00 to 10:30 PDT 2014 Nominating Committee Public Meeting Westwood
10:00 to 11:15 PDT Contractual Compliance Registry Outreach [C] Olympic
10:00 to 12:00 PDT Community Discussion with the IANA Stewardship (ICG) 
10:30 to 11:45 PDT Deploying the IETF's WHOIS Replacement Constellation
10:45 to 23:15 PDT 2014 - 2015 NomCom Meeting [C] Westwood
12:00 to 13:30 PDT ALAC and Regional Leadership Wrap-Up Part II Olympic
12:00 to 13:30 PDT GNSO Wrap-Up Meeting Constellation
13:30 to 17:00 PDT Public Forum Los Angeles
17:00 to 18:30 PDT ICANN Public Board Meeting Los Angeles

(ICANN 51 Full Schedule)

Wednesday Recap (Tweets--go to links for more):

In big win for Europe, ICANN's Governmental Advisory Committee elects Thomas Schneider as Chair & defeats US-backed candidate #ICANN51
— Milton Mueller (@miltonmueller) October 15, 2014

Congrats T Schneider, new chair @ICANN GAC. Hope change means more consensual, accountable, international system in time of change. #ICANN51
— Neelie Kroes (@NeelieKroesEU) October 15, 2014

#ICANN51 GAC: Based on today’s session, USA proposes holding a much longer session w the community on #newgTLDs & geo names at ICANN52
— Samantha Dickinson (@sgdickinson) October 15, 2014

IPC and @ipjustice both very concerned about GAC draft proposal on Geographic Names. Thanks GAC for bringing us together! #ICANN51
— Greg Shatan (@GSS1958) October 15, 2014

Iran requests #ICANN51 GAC Communique inc. txt urging govts to actively participate in #IANAsteward processes, particularly CCWG on names
— Samantha Dickinson (@sgdickinson) October 15, 2014

Three new GAC Vice-Chairs: Argentina, Namibia, Spain #ICANN51
— Tim Unwin (@TimUnwin) October 15, 2014

GAC’s new Vice-Chairs for the coming year: - Olga Cavalli - Henri Kassen - Gema Campillos Gonzales #ICANN51
— Samantha Dickinson (@sgdickinson) October 15, 2014

An average of only 118 Sunrise registrations to date. Highest was 713. #ICANN #NewgTLD
— Jim Prendergast (@jimpren) October 15, 2014

#ccnso #icann51 participants in the room in favour of robust redress mechanism for #IANAsteward
— Mathieu Weill (@mathieuweill) October 15, 2014

#ICANN51 @raulecheberria: fears some parts of #netgov community underestimate importance of UNGA #WSIS+10 event in December 2015
— Samantha Dickinson (@sgdickinson) October 16, 2014

Another #ICANN Board member has resigned. What is going on?
— Kieren McCarthy (@kierenmccarthy) October 16, 2014

Interest high in the #ICANN operating plan process at #ICANN51 pic.twitter.com/8FXVf6zdi0
— Kieren McCarthy (@kierenmccarthy) October 15, 2014

Another #QOTW RT @Jay_Daley ccNSO /Churchill: "Multistakeholderism is the worst way to run the Internet, except for all the others" #ICANN51
— Mathieu Weill (@mathieuweill) October 15, 2014

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INTA conference on Internet, Innovation, and ICANN

"... the Internet and Internet technology have taken the world by storm and now are the epicenter of almost all that we do. The Internet impacts business, government, education and private life. The Internet Corporation for Assigned Names and Numbers (ICANN) has become a dominant force in the policymaking arena for the Internet."  (source infra)

INTA (International Trademark Association) presents an advanced-level conference cosponsored by INTA's Internet and Programs Committees entitled Internet, Innovation and ICANN: The Evolving Landscape of the Net
September 18–19, 2014
JW Marriott Hotel
San Francisco, California, USA

Subject areas according to the program description:

• Cloud-based storage, gaming, augmented reality, wearable technology, 3-D printing and more.
• Reaction to the U.S. government’s announcement regarding its intention to transfer its stewardship role over the Internet’s Domain Name System (DNS).
• Conflicts between trademarks and governments over geographic names and their use in the DNS.
• Effective management of social media interactions between rights holders, platforms and users of social media.
• New changes to the WHOIS domain name directory system, and what trademark owners think about them.
• Lessons learned by applicants, service providers and industry when they applied for a new generic top-level domain (gTLD) in the first round.
• Internet intermediary liability regarding online sales.
• New gTLDs and rights protection mechanisms (RPMs) to help protect trademarks, including the Trademark Clearing House, the Post-Delegation Dispute Resolution Procedure (PDDRP), the Uniform Rapid Suspension system (URS) and traditional litigation.
• What brands can do to ensure their own security and to re-establish trust with their consumers.
• National security and government surveillance, offensive and defensive brand attacks, and consumer-focused data collection and usage.
• Learn latest developments on the newest topics relating to trademarks and the Internet and meet leaders of the trademark community, Internet experts and high-level government officials. 

Sponsors: BrandShield, MarkMonitor, Safenames, VeriSign

registration info

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