[ICANN-EU] New gTLD. I am trying to understand the issues.

[chiari mario <chiari.hm@flashnet.it>]

Dear All,

I would like to get a better grasp of issues related to new gTLD, free
speech protection, equal opportunity to access, Registry/Registrar
responsability and so on. If you some time, please give a look at my list
of question and let me know your opinion or share your knowledge. 

The questions are of very different kinds. Clearly, some show my opinions
in disguise. Still, I am frankly interested to have replies. Most often I
am just asking information that I have been unable (too lazy?) to find by
myself. ome are very general, some are specific examples.
If a consesus emerges on possible 'answers', I would like to produce
something like a faq (in a nutshell, say).
Clearly, criticisms that I don't have the right selections of questions +
alternative  questions are welcome.

Note- I am writing in a very in a very common, layman  way. It may very
well happen that some word+expression have a well constructed legal use
(with respect to some legal tradition) that  I am unaware/not considering.
Also, I am not so careful about English grammar. (Sorry!)

Thanks Regards mario


1-- Distinction restricted-unrestricted
1.1. Which is the best definitions of this distinction?
1.1.1 Do we need more distinctions? (eg. personal name, restricted with
respect to the type of DN string, to the type of content of the addressed
resources/site, to the type of registrant, ...)

1.2. What is (or should be) the status of the distinction? (eg. Is it
somehow implied by legal norms, technical elements, general ethical
principles, economics, sheer conventions)

1.3. Should ICANN have a (policy) document spelling out the criteria ICANN
will use to define  the distinction? If not, should somebody else have one?
if not, what? 
1.3.1. Do ICANN already have a document as above? (url?) Is this Ok?

2-- Free speech and DNS
2.1 Let us call >strict (free-speech/DNS) issue< any free-speech issues
related  exactly to the use of DN strings. (Eg. issues about expression
like www.mario_is_<slender>.abc). Let us call >general (free-speech/DNS)
issue< the general issue of free speech protection on the Internet. 
Is this distinction of any value? Can we have/Is it useful to have rules on
the strict, even if we are unable to agree on rules on the general issues?
How? 

[Following questions are on the strict issue, as defined above]
2.2. Should ICANN have a set of minimal rules on which DN string should not
be registered (for gTLD, even for all ccTLD) 

(eg. to forbid the use of expression like f--k.<religion-name>.abc); or to
avoid that somebody else register my personal name, my address, my phone
number as his/her DN)

2.2.1 If yes above, which rules? 
2.2.2 Are set of rules like those under 2.2.1, already written somewhere
(ICANN policies or proposals, RCF, ccTLD's guideline, ecc.)?

2.3. 
2.3.1 If yes to 2.2., which rights/duties should have Registry/Registrars
in order to implement those rules? 
2.3.2 Should/could Registry/Registrars have rights to implement their own
(possibly stricter) rules (on DN string?)


3-- Restricted gTLD
3.1. Consider a situation like that of the proposed .union.   Let say that
the relevant  CATEGORY of that gTLD is TradeUnions. Let say that the
Registry is a international ENTITY which is somehow 'formed' by
many/almost-all members of that category, albeit not all. I.e., say there
are DISSIDENT members of the category. Say that that almost-all entity acts
as the registry for the category. 
3.1.1. Who is going to say what counts as to be considered a Trade Unions?
I.e. Who is going to spell out defining criteria for  CATEGORY as above,
i.e., who is going to spell out the criteria to decide who is and who is
not a member of the CATEGORY. According to which (meta-?) principles and
rules?

3.1.2. Should the (ICANN/DNS-)rules ask the Registry to treat fairly the
dissident members. If yes, how? Should the rules let the dissidents to
share Registry responsabilities?
3.1.3 If Registry is unwilling to accept dissidents, should ICANN (or
somebody else?) have a remedy? Which one?

4-- Personal names.
4.1.1. Are there special rules for personal names? Do they need special
protection? Should mario_chiari.abc forbidden under any TLD, if it is not
registered by any one named mario chiari? 
4.1.2. Who is is going to use www.clinton.abc?
     any person  who is legally named Clinton, on  a first come
   rule? 
4.1.3. If conflict arise between personal names and brand name (e.g.
Ferrari are a world wide famous car factory, a decent brand of wine, and a
few hundred thousand italians), who has the strongest claim?