评论icanns公众咨询新通用顶级域名gtld

Mr. Peter Dengate-ThrushChairman of the Board of DirectorsInternet Corporation for Assigned Names and Numbers4676AdmiraltyWay,Suite330Marina del Rey, CA 90292-6601 Dear Chairman Dengate-Thrush: On October 23, 2008, the Internet Corporation for Assigned Names and Numbers(ICANN) posted for public comment a series of interrelated documents, including a draftapplicant guidebook, related to ICANN's efforts to introduce new generic top leveldomains (gTLDs). The Department of Commerce (Department) appreciates thisopportunity to offer the views of the United States government on such an importanttopic. Understanding that the introduction of new gTLDs has been a long standing goalof the DNS Project, we believe it is critical to keep in mind the foundationalMemorandum of Understanding between the Department and ICANN stipulating as acore principle the need to manage the Internet domain name and addressing system(DNs) in a manner that permits market mechanisms to support competition and consumerchoice so that lower costs are realized, innovation is promoted, and user choice andsatisfaction are enhanced. While we acknowledge the effort and hard work involved inproducing the documents currently out for comment, it is unclear that the thresholdquestion of whether the potential consumer benefits outweigh the potential costs has beenadequately addressed and determined. In thagard,wewould liketo calltoyourattention a decision of the ICANN Board in October 18, 2006, that called for aneconomic study to address questions such as: whether the domain registration market is one market or whether each TLDfunctions as a separate market,whether registrations in different TLDs are substitutablewhatarethe effects on consumer and pricingbehavior ofthe switchingcostsinvolved in moving from one TLD to another,what is the effect of the market structure and pricing on new TLD entrants, andwhether there are other markets with similar issues,and if so how are these issuesaddressed and by who[sic]? ICANN needs to complete this economic study and the results should be considered bythe community before new gTLDs are introduced The United States government recognizes that it is ICANN's intention to carefullyconsider the comments received in this process and initiate further consultations,including a revised applicant guidebook, before introducing new gTLDs. With that inmind, below is a specific list of initial items we believe need to be resolved in the currentdocuments: Ensure that the introduction of a potentially large number of new gTLDs,including internationalized top level domains, will not jeopardize the stability andsecurity of DNS;: Revise the gTLD approval process, the applicant guidebook and the proposedregistry agreement to: (l) consider, allow objections for, and retain authority toaddress any adverse competitive welfare effects that may arise during theapproval of new gTLDs applications or the renewal of subsequent contracts; (2)employ mechanisms such as competitive bidding whereby prospective gTLDoperators would compete by proposing registry terms, including price and qualitycommitments,thatprovideconsumerbenefit; and (3)imposemaximum pricecaps or other terms that would redound to the benefit of consumers in those caseswhere competitive bidding mechanisms will not adequately limit the ability ofregistry operators to exercisemarketpower;Demonstrate that ICANN has sufficient capacity to enforce contract compliancewith an as-yet-unknown number of new contracting parties, especially in light ofoutstanding questions regarding existing contracts (such as the proposedamendments to the Registrar Accreditation Agreements and problems with theWHOIS data accuracy reporting system);State how ICANN will conduct legal reviews of applications, consider legalobjections from third parties, and discharge its responsibility to ensure that theprocess of introducing new gTLDs respects all relevant national and internationallaw, including intellectual property rights;Focus on coordinating technical functions related to the management of the DNSand not on matters more appropriately addressed by governments, such asadjudication of morality,public order and community objections in accordancewith international human rights law. The proposed mechanisms to address thesetopics are inappropriate;Create a mechanism that provides for the expansion of the gTLD reserved nameslist, as appropriate, for technical or infrastructure-related names; and, Articulate a clear rationale for the proposed fee structure as well as a transparentmechanism, that includes community agreement, for the disposition of excessrevenues, should there be any, given ICANN's status as a non-profit entity. The United States government shares ICANN's commitment to promotecompetition in the domain name marketplace while ensuring Internet stability andsecurity and looks forward to continuing to participate in this process so that thecollective concerns of the community are addressed pri