Insights from ICANN 81 and Domain Name Disputes in Türkiye

The 81st ICANN meeting (ICANN 81) was held in Istanbul, Türkiye, in November 2024, offering a significant platform for global discussions on internet governance, domain names, and online policy. The 81st ICANN meeting underscored the importance of evolving global internet governance, particularly through advancements in the New gTLD Program and initiatives like the Registration Data Request Service (RDRS). While these developments highlight strides toward inclusivity and accessibility, challenges such as voluntary participation and procedural inefficiencies persist.

• ICANN 81 Insights: A Global Perspective on Domain Names and Internet Governance

ICANN 81 provided a comprehensive overview of the current state and future direction of the Domain Name System (DNS). Key discussions centered around the ongoing developments in ICANN’s New gTLD Program, particularly Round 2 of the program. The Round 2 focuses on diversity and inclusivity of the DNS including universal acceptance of the new gTLDs as well as the inclusion of more Internationalized Domain Names (IDNs). ICANN has confirmed that the application round for new gTLDs is expected to open in April 2026 in a time limited window lasting 12-15 weeks. There will be restrictions applied. Private auctions, closed generics, and plural/singular delegations will not be allowed. It is aimed at improving fairness and transparency in the process. Another key deliverable for Round 2 is the Applicant Guidebook (AGB). It outlines eligibility criteria, application processes, compliance obligations, objection procedures, applicant commitments, contracting terms, and delegation steps. It reflects the culmination of studies and policy work that has been done over the last 10 years. ICANN aims to get the Board’s approval by 2025 for AGB, with the final public comment period scheduled for May 2025. The AGB is expected to be published by December 2025.  

Another topic discussed at ICANN 81 was Registration Data Request Service (RDRS). The RDRS was introduced by ICANN as a response to challenges posed by the GDPR, which restricted public access to domain registration data. The RDRS aims to connect requesters seeking non-public data with registrars who participate in the RDRS. However, participation is voluntary. As of October 2023, about 60% of all gTLD registrations were covered by participating registrars. ICANN continues to monitor the effectiveness of RDRS and gathers data to improve the process, but the voluntary nature of registrar participation remains a key limitation. The RDRS has seen limited use, with only 2,109 total requests submitted in its first year, those were mostly from IP right holders. Despite being globally available, the participation rate is low, and only 91 registrars are involved. ICANN plans to run the service for two years and will assess its effectiveness afterward, given the low volume of requests and concerns about its ability to fully address post-GDPR access challenges. The primary reason for denials of requests is incompleteness in the submitted forms. Many requests are either denied or closed due to missing information. There is a need for better education for requestors, and guidance for registrars to improve the submission process and reduce these issues.

• Domain Name Disputes in Turkey: The Role of TRABIS

TRABIS (".tr" Network Information System), established by the Turkish Information and Communication Technologies Authority ("BTK"), became operational on September 14, 2022 and undertook the management of ".tr" domain names. Upon the introduction of TRABIS, the "first come, first served" principle entered use for allocation of domain names such as ‘com.tr’, ‘org.tr’, ‘net.tr’, ‘gen.tr’, ‘biz.tr’, ‘tv.tr’, ‘web.tr’, ‘info.tr’, ‘bbs.tr’, ‘tel.tr’, or ‘name.tr’. The obligation to submitting any documents to prove the rights of the applicant was abolished.

The introduction of the "first come, first served" principle necessitated an effective dispute resolution mechanism for domain name disputes. Dispute Resolution Service Providers, which are accredited by TRABIS, have started to handle the alternative dispute resolution process regarding “.tr” domain names. The regulatory rules and proceedings are parallel to the Uniform Domain-Name Dispute-Resolution Policy (UDRP) system.

The alternative dispute resolution mechanism, allowing the litigation-free resolution of domain name disputes for ".tr" domain names, operates in an effective and beneficial manner. Türkiye's efforts in managing domain name disputes through TRABIS reflect a robust approach to adapting international frameworks to local needs. However, ongoing regulatory and procedural refinements are essential to ensure effective enforcement and equitable resolution mechanisms. As the digital landscape continues to grow, both global and local measures must evolve to balance innovation with fair governance and protection of rights

First published by Marques - CLASS 46 in Jan 17, 2025.