What Every Non-profit Organization Should Know About Its Use of the Internet and Never Dared to Ask

Transcription

1 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: Lori Schulman, Esq., ASCD

2 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

3 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.

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5 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.

6 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.

7 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.

8 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!

9 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

10 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.

11 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. NGO's needs to explore and learn to develop the full potential of gtlds!

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15 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

16 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

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18 Online Trademark Abuse and Legitimate Use Cases for Non-Profits and NonGovernmental Organizations Brian J. Winterfeldt Katten Muchin Rosenman LLP

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. Examples: UNITED WAY; AMERICAN RED CROSS 19

20 Online Trademark Use Many non-profit entities and NGOs acquire domain names corresponding to their trademarks. Examples: UnitedWay.org; RedCross.org Leverage online marketplace for information sharing and fundraising. 20

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. source: josephwrex.me 21

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 - Coexisting uses permitted under TM law 22

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. 23

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 name, or as a part thereof 24

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. 25

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 Domain names: SASA.Health 26

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 ) 27

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 Direct outreach to EU regulators 28

29 Thank You! Brian J. Winterfeldt Katten Muchin Rosenman LLP

30 Theresa Swinehart, ICANN Senior Advisor to the President on Strategy THE IANA TRANSITION IANA = Internet Assigned Numbers Authority WHAT DOES IT MEAN FOR NONPROFIT ORGANIZATIONS?

31 Nonprofit Operational Concerns Constituency (NPOC) Noncommercial Stakeholders Group (NCSG) Internet Corporation for Assigned Names and Numbers (ICANN) QUESTIONS???? Thank You!

32 Nonprofit Operational Concerns Constituency (NPOC) Noncommercial Stakeholders Group (NCSG) Internet Corporation for Assigned Names and Numbers (ICANN) QUESTIONS????