Snowe Bill / Industry Development Environment

1. Snowe Bill / Industry Development Environment June 19, 2008

2. Discussion today Intellectual Property interests are pushing to mandate models of domain “ownership” and provision of services in a way that gives them the most possible latitude. Today: • 50,000 ft. view of their strategy • How they’re making their approaches to make governing policy • What registrants and service providers can do

3. The IP Lobby What is Intellectual Property? Intellectual property refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce. Why does the IP lobby care about domain names? Domain names are the unique representations of intellectual property on the Internet as we now experience it.

4. The IP Lobby Then: Domain name investors got out ahead of the IP lobby In the early days, domain name investors saw potential and invested in names faster than the IP interests could adapt governance rules. Now: IP lobby is organized, leaning hard into domain industry How are they doing this?

5. Organization The IP lobby is well organized. They have a long legacy -- (INTA is 130 years old). Our industry is, but not as well and for not as long. CADNA: The Coalition Against Domain Name Abuse, Inc. (CADNA), a 501(c)(6) not-for-profit corporation founded in 2007, is dedicated to building awareness about and advocating action to stop illegal and unethical infringement of brands/trademarks online. Its mission is to decrease instances of cybersquatting in all its forms by facilitating dialogue, effecting change, and spurring action on the part of policymakers in the national and international arenas. CADNA = The IP lobby in the domain industry

6. Opening multiple venues Congress Snowe Bill Courts Aggressive use of courts to dislodge domains (Dell, Microsoft, Verizon) ICANN Working to get control of constituencies • Assumption of direction of BC, IP, and ISP Constituencies • Opposition of GNSO reform Other entities Pushing service providers to make it harder to provision or monetize names

7. They’re good with PR, too How the IP lobby uses PR to define domain industry • Intentionally inflammatory characterizations e.g., All domain tasting is “kiting” • Tying into other issues (e.g., anti-phishing, the crux of the Snowe Bill) that effectively can’t be argued against • Use cachet of high-level companies to support the effort • Unfortunately, it’s all too easy to find cases of TM abuse and use them to define our industry as grey or black hats

8. The danger The clearest danger is the constriction of latitude in operations in a way that removes revenue potential in domain investing and service provision to investors. This is the risk for the industry.

9. What to do about it • State our intentions We don’t want to profit from anyone’s legitimate mark. Nor do we want to unnecessarily give up an asset to which we’re perfectly entitled to have. • Operate cleanly Good PR is the result mainly of good behavior, not good spin. It’s important to stay within the rules.

10. What to do about it • Organize Phil does a very good job with ICA. Join that organization. • Maintain ICANN position Be appropriately supportive of GNSO reform.

11. What to do about it • Open a dialogue Have discussions with CADNA or other players about a reasoned approach to issues of importance.

12. Contact Where to reach me: Mason Cole VP Corp. Communications / Industry Relations Oversee.net (503) 459-5702 mcole@oversee.net