**ECTA**

**European Communities Trade Mark Association**

ECTA Secretariat, Bisschoppenhoflaan 286, Box 5, B-2100 Deurne --
Antwerpen, Belgium Tel 32/3-326 47 23 -- Fax 32/ 3-326 76 13 E-mail
ecta@ecta.org Website www.ecta.org A company limited by guarantee.
Registered in England and Wales No. 1520996 Registered address: 15
Southampton Place, London WC1A 2AJ, England

**To:**

National Telecommunications and Information Administration

1401 Constitution Avenue, N.W., Room 4701, Washington, DC 20230

Docket No. 060519136-6136-01

The Continued Transition of the Technical Coordination and Management of
the Internet Domain Name and Addressing System

AGENCY: National Telecommunications and Information Administration, U.S.
Department of Commerce

> Antwerp, 11 July 2006

**Re: Comment on the continuation of the transition of the technical
coordination and management of the Internet domain name and addressing
system (Internet DNS) to the private sector.**

**[\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}**

On behalf of the Internet Committee of ECTA - the European Communities
Trade mark Association - we thank you for the opportunity to comment on
the continuation of the transition of the technical coordination and
management of the Internet domain name and addressing system (Internet
DNS) to the private sector.

The World Summit on the Information Society, Tunis Agenda for the
Information Society (November 18, 2005), stated: contained the following
propositions, to which we add support for the reasons stated.

*\
40. We underline the importance of the prosecution of cybercrime,
including cybercrime committed in one jurisdiction, but having effects
in another. We further underline the necessity of effective and
efficient tools and actions, at national and international levels, to
promote international cooperation among, inter alia, law-enforcement
agencies on cybercrime. We call upon governments in cooperation with
other stakeholders to develop necessary legislation for the
investigation and prosecution of cybercrime, noting existing frameworks,
for example, UNGA Resolutions 55/63 and 56/121 on \"Combating the
criminal misuse of information technologies\" and regional initiatives
including, but not limited to, the Council of Europe\'s Convention on
Cybercrime.*

**\
ECTA supports this view and further comments that the criminal misuse of
information technology frequently involves counterfeit or other
deliberate misuse of intellectual property, including trade marks. We
support the proposition underlining the importance of the prosecution of
cybercrime, committed in one jurisdiction, but having effects in
another. We also support the call upon governments in cooperation with
appropriate stakeholders to develop necessary legislation for the
investigation and prosecution of cybercrime, within existing frameworks,
relating to prosecution of counterfeit goods. We also underline the need
to provide an appropriate framework within which trade mark owners may
properly protect and enforce property rights against criminal or other
misuse, including ensuring that appropriate "Sunrise" periods are set up
when new TLDs are introduced to enable trade mark owners to protect
valuable property rights against misappropriation.**

**\
A significant factor is the ability to identify quickly and simply those
behind websites from which criminal or other undesirable elements may be
operating. To this end we underline the need to maintain proper records
of those to whom domain names have been allocated, and to establish a
method of quickly and efficiently removing domains found to be wrongly
registered whether or not the domain holder is seeking to hide behind an
incomplete or a false identity.**

The World Summit on the Information Society, Tunis Agenda for the
Information Society (November 18, 2005), stated: contained the following
propositions, to which we add support for the reasons stated.

*\
41. We resolve to deal effectively with the significant and growing
problem posed by spam. We take note of current multilateral,
multi-stakeholder frameworks for regional and international cooperation
on spam, for example, the APEC Anti-Spam Strategy, the London Action
Plan, the Seoul-Melbourne Anti--Spam Memorandum of Understanding and the
relevant activities of OECD and ITU. We call upon all stakeholders to
adopt a multi-pronged approach to counter spam that includes, inter
alia, consumer and business education; appropriate legislation,
law-enforcement authorities and tools; the continued development of
technical and self-regulatory measures; best practices; and
international cooperation.*

**\
ECTA supports the proposition to deal effectively with the significant
and growing problem posed by spam. Again it should be noted that trade
mark owners should be provided with an appropriate framework within
which to properly protect and enforce property rights against misuse,
including ensuring that appropriate "Sunrise" periods are set up when
new TLDs are introduced to enable trade mark owners to protect valuable
property rights against misappropriation.**

**\
A significant factor is the ability to identify quickly and simply those
behind websites from which criminal or other undesirable elements may be
operating. To this end we underline the need to maintain proper records
of those to whom domain names have been allocated, and to establish a
method of quickly and efficiently removing domains found to be wrongly
registered whether or not the domain holder is seeking to hide behind an
incomplete or a false identity.**

The World Summit on the Information Society, Tunis Agenda for the
Information Society (November 18, 2005), stated: contained the following
propositions, to which we add support for the reasons stated.

*\
47. We recognize the increasing volume and value of all e-business, both
within and across national boundaries. We call for the development of
national consumer-protection laws and practices, and enforcement
mechanisms where necessary, to protect the right of consumers who
purchase goods and services online, and for enhanced international
cooperation to facilitate a further expansion, in a non-discriminatory
way, under applicable national laws, of e-business as well as consumer
confidence in it.*

**\
ECTA recognises and supports the need for the development of national
consumer-protection laws and practices, and enforcement mechanisms, to
protect the right of consumers. We also underline the need for the
development of national laws and practices, and enforcement mechanisms,
to protect the right of consumers to obtain properly branded goods,
instead of counterfeit product. Two simple but effective steps in
combating supply of spurious trade marked goods are to ensure
maintenance of appropriate "Sunrise" periods within which trade mark
owners may protect valuable property rights against misappropriation,
and to ensure proper records are maintained of those to whom domain
names have been allocated**

We hope that you find our comments useful. If you have any questions in
this regard or if we can assist you in any other way, please feel free
to contact us again.

Yours sincerely

![](media/image1.jpeg){width="2.5in"
height="0.9861111111111112in"}![](media/image2.jpeg){width="2.25in"
height="0.8333333333333334in"}

Mireia Curell Eric Ramage

President Chairman Internet Committee