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ANA’s response to the Beckstrom letter in full

Kevin Murphy, August 11, 2011, Domain Policy

The Association of National Advertisers has issued statements in response to ICANN president Rod Beckstrom’s admonishment of its attempt to hold up the new top-level domains program.

ANA appeared out of nowhere last week, vaguely threatening to sue ICANN unless it suspended the program, which it believes will cost brand owners billions of dollars.

But yesterday Beckstrom replied, saying the program was developed through a “multi-stakeholder” policy-making process over several years in which ANA had ample opportunity to participate.

He also pointed out that ANA appears to have made faulty assumptions about how the program is supposed to work, particularly with regards “.brand” gTLDs.

This the official response to Beckstrom’s letter from Bob Liodice, ANA’s president and CEO:

We are not surprised by ICANN’s response although disappointed that ICANN chose to defend its process and deny any doubt as to consensus. Rather, ICANN needs to respond to the real concern from the brand owner community.

There is no question that this Program will increase brand owners’ costs by billions of dollars. We should not be debating if 40 or 45 comment periods were held; instead, ICANN should be justifying its economic analysis regarding the Program against the staggering costs to brands.

ANA welcomes further discussions and an opportunity for further economic study to quantify the need for more TLDs and what it will mean for industry and other stakeholders, such as the public interest community who will face the same brand dilution concerns.

ANA general counsel Doug Wood, from the law firm Reed Smith, stated:

Now is not the time for either side to ‘dig in its heels’ much less defend the process, especially in a depressed economy. ANA has raised real concerns regarding economic losses, brand dilution and resultant privacy/cyber-security harms.

In light of our shared goals of a safe and stable global Internet, ICANN should return to the negotiating table and work with all concerned parties, including the ANA and its members, to resolve brand owners’ legitimate concerns in a manner consistent with ICANN’s consensus obligations.

These are of course concerns that have been debated to death for several years in the ICANN community, lately without ANA’s participation.

The organization submitted a couple of comments more than two years ago and then seemed to disappear from the process.

One could argue that’s very odd behavior for an apparently well-funded outfit now loudly claiming that it’s “horrified” by new gTLDs.