Re: [wg-c-1] Wecome to Drafting Committee 1

[Jonathan Weinberg <weinberg@mail.msen.com>]

	The exchange between Chris and Ross demonstrates that there's a
substantive question we have to address before we can get to the question
of "what the new gTLDs should be" (if, indeed, we get to that question at
all).  That question is: 

*	Should ICANN, in expanding the name space, consider the names or charters
of the particular TLDs seeking authorization, so as to achieve policy goals
relating to the structure of the expanded name space?  Or should it
consider only the number of new TLDs, and the speed at which they should be
added, leaving the structure of the expanded name space to the marketplace?

	Chris has urged that the answer to my first question is no, and that the
answer to my second is yes.  I understand Kevin to argue the opposite, at
least to some extent; he's suggested that it would be undesirable to have
only general-purpose TLDs.  But unless we can reach adequate consensus that
ICANN *should* be considering the names or charters of the particular TLDs
seeking authorization, then we're not in a position to consider either
"what should the new TLDs be" or whether they should have charters.

It may make sense, therefore, to modify Javier's set of questions slightly,
to look something like this:

1.  Should there be new gTLDs?  If so, how many?

2. If there are to be new gTLDs, should they be introduced all at one time,
one at a time, or in groups, and over what time period? 

3. Assuming that a limited number of new gTLDs is to be deployed over a
period of time in the near future, how should ICANN select the gTLDs to be
deployed, and the registries deploying them?  Should it consider the names
or charters of the particular TLDs seeking authorization?  If so, what
should the new gTLDs be?  In what order should they be introduced?  Should
each one, or certain ones, have a specific charter? In other words, should
some gTLDs be limited to use by certain entities, and if so should the
limitation be mandatory?  If the limitation is to be mandatory, what should
be the enforcement mechanism and who should be the enforcement body? 

4. What should be the mechanism for developing new gTLDs after the first
new gTLDs are deployed?

Jon


Jon Weinberg
Professor of Law, Wayne State University
weinberg@msen.com