Six Key Takeaways From ICANN 56 In Helsinki

ICANN 56, the most recent public meeting of the nonprofit Internet Corporation for Assigned Names and Numbers, was held in Helsinki, Finland, in June 2016. In examining the proceedings, our Internet practice has identified the following six takeaways, covering a range of topics that should be of interest to brand owners, future applicants for generic top-level domains (gTLDs) and registry operators alike.

  1. Community Moves Ahead on Accountability "Work Stream 2," Focusing on "Jurisdictional" Issues

    A Cross Community Working Group has been working on a number of issues related to increasing ICANN's accountability to the community after the "IANA function" transitions away from US government oversight. One such issue is ICANN's commitment, including in its bylaws, to remaining headquartered in the United States and subject to US jurisdiction. Several working group participants attempted to re-open this question in an effort to subvert the decision to keep ICANN operating in the United States under California law.

    Given that litigation against ICANN in the United States is an accountability mechanism of last resort for US businesses and brand owners, commercial stakeholder representatives have been attempting to counterbalance these early inflammatory comments and re-focus discussions on other issue. The team discussing these matters has not yet held its first formal meeting, so it remains to be seen whether the controversy around ICANN's jurisdiction will resurface.

  2. Working Group Pushes Ahead in Developing Rules of the Road for Future gTLD Launches

    Debate on what rules should apply to future launches of new gTLDs (known as the "Subsequent Procedures Working Group") continues on a number of threshold issues, including whether future new gTLD applications should continue in discrete rounds or whether some form of ongoing open rolling application process should become the standard. The group also discussed whether there should be a separate, and possibly early, application track for .Brand TLDs—although many have cautioned that setting up a priority track could incentivize gaming. Ultimately, with few issues apparently conducive to quick community consensus, we continue to anticipate a long, drawn-out process to review and revise new gTLD policy and implementation issues, with the next opportunity for additional gTLD applications not likely until 2018 or later.

  3. Efforts to Devise a New Domain Name Registration Directory Service Focus on Critical Issues for Brand Owners

    Access to accurate domain name registration data is critical for brand owners seeking to enforce trademark rights against counterfeiters, cybersquatters and infringers operating online, as well as to counter online fraud and abuse.

    An ICANN...

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