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Objection Process

Community Objection

Community Objection – There is substantial opposition to the gTLD application from a significant portion of the community to which the gTLD string may be explicitly or implicitly targeted.

3.5.4 Community Objection

The four tests described here will enable a DRSP panel to determine whether there is substantial opposition from a significant portion of the community to which the string may be targeted. For an objection to be successful, the objector must prove that:

• The community invoked by the objector is a clearly delineated community; and

• Community opposition to the application is substantial; and

• There is a strong association between the community invoked and the applied-for gTLD string; and

• The application creates a likelihood of material detriment to the rights or legitimate interests of a significant portion of the community to which the string may be explicitly or implicitly targeted. Each of these tests is described in further detail below.

Community – The objector must prove that the community expressing opposition can be regarded as a clearly delineated community. A panel could balance a number of factors to determine this, including but not limited to:

• The level of public recognition of the group as a community at a local and/or global level;

• The level of formal boundaries around the community and what persons or entities are considered to form the community;

 • The length of time the community has been in existence;

 • The global distribution of the community (this may not apply if the community is territorial); and

 • The number of people or entities that make up the community.

If opposition by a number of people/entities is found, but the group represented by the objector is not determined to be a clearly delineated community, the objection will fail.

Substantial Opposition – The objector must prove substantial opposition within the community it has identified itself as representing. A panel could balance a number of factors to determine whether there is substantial opposition, including but not limited to:

 • Number of expressions of opposition relative to the composition of the community;

 • The representative nature of entities expressing opposition;

 • Level of recognized stature or weight among sources of opposition;

 • Distribution or diversity among sources of expressions of opposition, including:

    • Regional
    • Subsectors of community
    • Leadership of community
    • Membership of community

 • Historical defense of the community in other contexts; and

 • Costs incurred by objector in expressing opposition, including other channels the objector may have used to convey opposition.

If some opposition within the community is determined, but it does not meet the standard of substantial opposition, the objection will fail.

Targeting – The objector must prove a strong association between the applied-for gTLD string and the community represented by the objector. Factors that could be balanced by a panel to determine this include but are not limited to:

•  Statements contained in application;

•  Other public statements by the applicant;

•  Associations by the public.

If opposition by a community is determined, but there is no strong association between the community and the applied-for gTLD string, the objection will fail.

Detriment  – The objector must prove that the application creates a likelihood of material detriment to the rights or legitimate interests of a significant portion of the community to which the string may be explicitly or implicitly targeted. An allegation of detriment that consists only of the applicant being delegated the string instead of the objector will not be sufficient for a finding of material detriment. Factors that could be used by a panel in making this determination include but are not limited to:

•  Nature and extent of damage to the reputation of the community represented by the objector that would result from the applicant’s operation of the applied-for gTLD string;

•  Evidence that the applicant is not acting or does not intend to act in accordance with the interests of the community or of users more widely, including evidence that the applicant has not proposed or does not intend to institute effective security protection for user interests;

•  Interference with the core activities of the community that would result from the applicant’s operation of the applied-for gTLD string;

•  Dependence of the community represented by the objector on the DNS for its core activities;

•  Nature and extent of concrete or economic damage to the community represented by the objector that would result from the applicant’s operation of the applied-for gTLD string; and

•  Level of certainty that alleged detrimental outcomes would occur.

 If opposition by a community is determined, but there is no likelihood of material detriment to the targeted community resulting from the applicant’s operation of the applied-for gTLD, the objection will fail. The objector must meet all four tests in the standard for the objection to prevail.

Standing to object

Community Established institution associated with a clearly delineated community

Established institutions associated with clearly delineated communities are eligible to file a community objection. The community named by the objector must be a community strongly associated with the applied-for gTLD string in the application that is the subject of the objection. To qualify for standing for a community objection, the objector must prove both of the following:

  • It is an established institution

– Factors that may be  considered in making this determination include, but are not limited to:

•  Level of global recognition of the institution;

•  Length of time the institution has been in existence;

and

•  Public historical evidence of its existence, such as the presence of a formal charter or national or international registration, or validation by a government, inter-governmental organization, or treaty. The institution must not have been established solely in conjunction with the gTLD application process. It has an ongoing relationship with a clearly delineated community

– Factors that may be considered in making this determination include, but are not limited to:

•  The presence of mechanisms for participation in activities, membership, and leadership;

•  Institutional purpose related to the benefit of the associated community;

•  Performance of regular activities that benefit the associated community; and

•  The level of formal boundaries around the community.


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