What Every Non-profit Organization
Should Know About Its Use of the
Internet and Never Dared to Ask
January 14, 2015 – Washington, D.C.
Speakers:
Klaus Stoll, GKPF
Theresa Swinehart, ICANN Brian Winterfeldt, Esq., Katten
Moderator:
Making it work and pay for you!.
Pitfalls and Opportunities for Not-for-profit and
Non-governmental Organizations, NGOs, in the
new Internet Domain Space.
Klaus Stoll Managing Director
Global Knowledge Partnership Foundation
Not-for-profit and Non-governmental Organizations are
taking full advantage of the opportunities the Internet
offers them
.
Most of them have their own www site. They use the Internet extensively for information dissemination and exchange, fundraising, organization and so on.
Only a minority of NGOs have an operational WWW
site with their own domain.
Only 40% of the NGOs investigated actually had an
operational www site with their own domain name.
Many NGOs are not aware how the Domain Name System,
DNS, works and have lost their originally registered domain
name outright.
30% of the NGOs investigated had "lost" their originally registered domain name outright because as organization they where not aware about the need to renew a domain, give
and maintain up to date contact and billing information and/or missed the deadlines of renewal.
There is a general move by NGOs to
abandon their own WWW presence to
a social media site such as Facebook
.65 % of the NGO's investigated had moved
their WWW presence to a social media site
such as Facebook
.Many large organizations mainly in developing
countries undoubtedly make effective use of the
opportunities the Internet offers them, but the vast
majority of the NGO's have huge and very basic
problems to do just that!
What needs to be done to ensure that
NGO's make the best possible use of
the opportunities cyberspace offers to
them?
Awareness and Capacity
Building in any form can
only be real and successful
if the message is relevant
to those who are targeted.
The core message to explain the relevance of the domain
name system to NGOs is not to explain main and numbers
but how they affect and can be used for achieving NGO
goals. The DNS is no longer just about names and
numbers, its about names, numbers and
people
.
Community Based Domains as a
strategy for NGO Impact and
Sustainability
As the Internet has to engage with
its users, NGO's have to engage and
meet up with their public in ways
that go far beyond information
exchange and fund raising
.Domains offer the opportunity to establish online communities in cyberspace
around ideas, concepts, territories, affiliations, needs and abilities.
The Internet users gather in specific and familiar and increasingly personalized
cyber zones, whose boundaries are delineated by domains.
http://www.ekutirsb.com/
So what are the basic conditions to make this happen for NGOs?
1) Awareness building throughout the global Civil Society about the very basics functions of the Internet DNS
2) Capacity building to register and maintain Civil Society organizations WWW sites 3) Increase the relevance and engagement of civil Society organizations in IG.
Ultimately the goal needs to be to bring a broad cross section of Civil Society organizations as active members in Internet Governance
4) Increase domain name registration and renewal of domain names by Civil Society organizations including the registration and use of gTLDs by Civil Society
Organizations.
5) Enable cross sectorial cooperation, participation and representation based on win/win situations
Its important is to find practical ways to achieve these
goals. Pathfinder is one of these ways:
a) Surveys
b) Webinars
c) Regional Organizations
d) Awareness and Capacity Building
e) Resource Center
f) Pathway into NGO Engagement with Internet Governance
mechanisms like ICANN
Online Trademark Abuse and
Legitimate Use Cases for
Profits and
Non-Governmental Organizations
Brian J. Winterfeldt
Katten Muchin Rosenman LLP
+1.212.940.6762
19
Trademark Law Basics
Trademark: Any word, phrase, symbol, or design that identifies and
distinguishes the source of goods or services of one party from those of others.
Non-profit entities and non-governmental organizations can own
trademarks in connection with their public interest and charitable services.
20
Online Trademark Use
Many non-profit entities and NGOs acquire domain names corresponding to their trademarks.
• Examples: UnitedWay.org; RedCross.org
21
Online Trademark Abuse
The domain name space provides opportunities for trademark infringement and fraud.
Example: unauthorized third party registers “americanredcross.info” and uses website to purportedly solicit donations.
22
Legitimate Use
Some cases that may at first appear to be abuse may be legitimate use:
• Use of name in connection with “gripe” site or discussion forum – e.g., antiredcross.org for a website criticizing relief aid practices
- Protected by free speech rights / non-commercial use
• Use of name in connection with dissimilar goods/services – e.g., Ceres.com for a Danish beer versus Ceres.org for a US-based sustainability non-profit
23
Acronyms
Many NGOs and non-profits use acronyms as a primary identifier.
Acronyms are more difficult to protect in the Domain Name System (DNS), because only one registrant per name per Top Level Domain (TLD) and numerous legitimate uses.
Example:
• BRAC is the commonly used name for the Bangladesh Rural Advancement Committee
- Website is located at BRAC.NET
• BRAC is also the common acronym for Breath Alcohol Content, Base Realignment and Closure Commission, Brotherhood of Railway and Airline Clerks, etc.
24
Free Speech in the DNS
EU Trademark Reform Example
New Regulation Art. 9 / Directive Art. 10 – Rights Conferred by a Community Trade Mark
• The following inter alia may be prohibited:
- Affixing the sign to the goods or to the packaging thereof
- Offering the goods, putting them on the market or stocking them
for these purposes under that sign, or offering or supplying services thereunder
- Importing or exporting the goods under that sign
- Using the sign on business papers and in advertising
- Using the sign as a trade or company name [...], or as a domain
25
Free Speech in the DNS (cont.)
The proposed highlighted reform submission could:
• embolden spurious complaints against non-commercial or other legitimate uses and encourage overreaching by mark owners;
• have a chilling effect on free expression by registrants in the EU; and
• ultimately result in an aggregate negative impact on domain name registration and renewal rates among registrants in the EU.
26
Free Speech in the DNS (cont.)
Elevation of non-commercial domain names to commercial use analogous to trade names
Example:
• SASA: Trademark for cosmetic and beauty products
• SASA: Acronym for Society for the Advancement of Science in Africa, South African Sugar Association, Scottish Agricultural Science Agency, Solvent Accessible Surface Area (scientific term)
- SASA also has meaning as a word in various languages, including
Swahili and Samoan
27
Free Speech in the DNS (cont.)
Unintended consequences of “as a part thereof” language
Example:
• ING: Trademark for banking and financial services
• ING: Acronym for International Netherlands Group (trademark); also the suffix to all English language gerunds
• Domain names: BankING.info (trademark); Banking.info (generic); BRACFundraising.org (NGO domain containing “ing”)
28
Implications for NGOs and Non-Profits
As the examples illustrate, regulations like the proposed EU amendment could have serious unintended chilling effects on free speech and internet commerce.
These effects could be felt by NGOs and non-profits who have legitimate rights to use names and acronyms in the DNS that may correspond to others’ TMs.
Negotiations involving the proposed reform are ongoing, and there is still time for advocacy:
• Advocate opposition through domain name organizations (e.g., DNA, ICA, Internet user associations, and ICANN constituencies like NCSG)
• ICANN GAC representatives
29
Thank You!
Brian J. Winterfeldt
Katten Muchin Rosenman LLP
+ 1.212.940.6762
brian.winterfeldt@kattenlaw.com
www.KattenLaw.com
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Theresa.Swinehart@ICANN.org
THE IANA TRANSITION
IANA = Internet Assigned Numbers Authority
WHAT DOES IT MEAN FOR NONPROFIT
ORGANIZATIONS?
Nonprofit Operational Concerns Constituency (NPOC) www.npoc.org Noncommercial Stakeholders Group (NCSG)
https://community.icann.org/display/gnsononcomstake/How+to+Join
Internet Corporation for Assigned Names and Numbers (ICANN) www.icann.org
QUESTIONS????
Thank You!
Nonprofit Operational Concerns Constituency (NPOC) www.npoc.org Noncommercial Stakeholders Group (NCSG)
https://community.icann.org/display/gnsononcomstake/How+to+Join
Internet Corporation for Assigned Names and Numbers (ICANN) www.icann.org