PUBLIC NOTE regarding the request for the ".AMAZON" top-level domain name
26 de abril de 2019
The Brazilian Internet Steering Committee – CGI.br, in the exercise of its prerogatives under the Presidential Decree no. 4,829/2003,
REAFFIRMING the positions already expressed in resolution CGI.br/RES/2013/011 on April 26, 2013, resolution CGI.br/RES/2013/022 on June 28, 2013, and in the PUBLIC NOTE of August 9, 2017 regarding the request for the “.AMAZON” top-level domain;
CONSIDERING that the top-level domain name “.AMAZON” refers to, and is inextricably intertwined with, the identity of the Amazon communities and the Amazon region, which has invaluable geographic, cultural, symbolic and natural heritage importance to the countries and peoples of the region and, in particular, to Brazil, where it corresponds to almost (49.29%) of the Brazilian territory, constitutes the largest biodiversity reserve in the world, Brazil's largest biome, and is the home to more than 23.4 million Brazilians;
CONSIDERING that the English cognate “AMAZON” is internationally used and recognized to describe and characterize the Amazon, as exemplified by its inclusion on the UNESCO World Heritage List established in accordance with the 1972 Convention for the Protection of World Cultural and Natural Heritage;
CONSIDERING that the delegation of the top-level domain “.AMAZON” exclusively to a private interest would lead to the monopolization, in the domain name system and with global consequences, of a top-level domain name which refers to, and is inextricably intertwined with, the identity and culture of millions of people from eight countries in the region, whose public authorities oppose this monopolization as a matter of public policy;
CONSIDERING that the monopolization of the “.AMAZON” top-level domains, exclusively for private purposes and by a single corporate entity, would entail the “confiscation” of the entire name space semantically and inextricably associated with the region, the countries and the peoples of the Amazon, contributing to the disappearance of the link between the term “Amazon” and the region, the countries and the peoples of the Amazon, their natural and cultural heritage and their identity on the Internet;
CONSIDERING that the delegation of the “.AMAZON” top-level domains exclusively to a private interest, as proposed by the applicant company on April 17, 2019, would not serve the public interest of the Amazon region, in particular that of safeguarding and promoting the natural, cultural and symbolic heritage of the countries and peoples of the Amazon, based on public policies for the Internet developed by the governments of the region;
CONSIDERING that ICANN’s Governmental Advisory Committee (GAC), by opposing the request for the “.AMAZON” top-level domains based on the formal objection procedure provided under the Applicant Guidebook 2012, as expressed in the Durban Communiqué (ICANN 47), recognized that the delegation of the top-level domain name “.AMAZON” would be “problematic, e.g., potentially violate national law”.
CONSIDERING that the Applicant Guidebook 2012 expressly recognizes that are “problematic, e.g. potentially violate national law” top-level domain names that “purport to represent or that embody a particular group of people or interests based on historical, cultural, or social components of identity, such as nationality, race or ethnicity, religion, belief, culture or particular social origin or group, political opinion, membership of a national minority, disability, age, and/or a language or linguistic group (non-exhaustive)”;
CONSIDERING that ICANN’s Governmental Advisory Committee/GAC, in the Abu Dhabi Communiqué (ICANN 60), recognized the need for a solution that is acceptable to the countries of the Amazon region as an indispensable condition for the delegation of the top-level domain name “.AMAZON”;
CONSIDERING that one of the core values of ICANN’s governance model, as expressed in Article 1 (b) (vii) of its Bylaws, is the recognition that governments and public authorities are responsible for identifying and developing public policies;
CONSIDERING that respect for the multi-stakeholder approach to Internet governance should ensure the full participation of all stakeholders, from both developed and developing countries, within their respective roles and responsibilities, and that the policy authority for Internet-related public policy, in particular, is the right and responsibility of governments.
CONSIDERING that the multi-stakeholder composition of the Brazilian Internet Steering Committee enables it to express the legitimate interest of all sectors of the Brazilian society related to Internet governance;
REITERATES the support of all sectors of the Brazilian society represented in the Brazilian Internet Steering Committee – CGI.br (third sector, scientific and technological community, business sector, and government) for the rejection of the delegation of the top-level domain name “.AMAZON” exclusively to a private interest, to be operated as a closed brand top-level domain and in a manner that is inconsistent with the public interest, which would lead to the confiscation of the entire name space that is inextricably associated with the region, the countries and the peoples of the Amazon, contributing to the disappearance of the link between the term “Amazon” and the region, the countries and the peoples of the Amazon, their natural and cultural heritage and their identity on the Internet.