.antivirus Domain

18.1 Mission and Purpose of .ANTIVIRUS

Symantec Corporation ("Symantec") is a leading global provider of information security and protection, serving the needs of consumers around the world, with more than 18,500 employees and operations in numerous countries. Symantec's products are available for purchase online to consumers and Symantec's online content is accessible in the .COM gTLD and in multiple ccTLDs, including .CA, .DE, .EU, and .RU. Symantec is applying for four generic-term gTLDs: .PROTECTION and .SECURITY, which correspond with Symantec's core competencies, and .CLOUD and .ANTIVIRUS, which correspond to Symantec's products.

The intended future mission and purpose of the .ANTIVIRUS gTLD is to serve as a trusted, hierarchical, secure, and intuitive namespace provided by Symantec for its consumers. Symantec is committed to moving forward with a .ANTIVIRUS gTLD application; however at the time of filing this application, there has not been enough time, and currently there is not enough market information available, to fully analyze and evaluate all potential use case options.

Symantec will be analyzing and evaluating other gTLD applications as well as general market adoption to determine short- and long-term potential best-in-class use case options to most effectively serve and enhance Symantec's online strategy as a leading provider of information security and protection. As a company, Symantec's unique focus is to eliminate risks to information, technology, and processes independent of the device, platform, interaction, or location. Symantec helps individuals, small and medium-sized businesses, and global organizations ensure that their information, technology infrastructures, and related processes are protected and easily managed. Symantec delivers solutions that allow customers to access information when they need it and make it available to all of those who should have access to it. The .ANTIVIRUS gTLD will be in line with the company's current focus by providing a trusted, hierarchical, secure, and intuitive namespace.

Antivirus software is a core offering in Symantec's portfolio of products and services to the consumer, small and medium sized-businesses, and enterprise customers. Therefore, the .ANTIVIRUS gTLD will become one of Symantec's core assets. The .ANTIVIRUS gTLD is intended to enhance Symantec's online presence and identity; expand its marketing and promotion efforts; provide a secure channel for online products and services; and offer a platform through which to consolidate many of the intellectual property activities of Symantec.

Symantec intends to initially limit registration and use of domain names within the .ANTIVIRUS gTLD to Symantec and its qualified subsidiaries and affiliates. This initial limited use will allow Symantec to establish its operations and achieve full sustainability. This limited distribution coupled with the other requirements set forth in Specification 9 of the template Registry Agreement is intended to exempt Symantec from its annual Code of Conduct Compliance requirements.

After Stage 2 (see below), Symantec will evaluate whether opportunities exist to carry out the business strategy for the gTLD through expansion that continues the sustainable operations of the registry through fee-based registrations to parties other than Symantec and its qualified subsidiaries and affiliates.

Symantec currently plans a three-stage rollout for the .ANTIVIRUS gTLD:

1. Stage 1
The initial stage of implementation of the gTLD will involve Symantec registering a limited number of .ANTIVIRUS second-level domain names.

This initial use will provide Symantec's IT and security personnel the time to run a number of tests to ensure seamless and secure access using the .ANTIVIRUS gTLD domain names, interoperability with various software and Web-based applications, and unbroken and secure use of all names. This initial allocation will also allow the appropriate Symantec staff to coordinate with the internal and external staff responsible for the delegation and setup phases of the .ANTIVIRUS gTLD to ensure a proper transition from delegation to full operation.

2. Stage 2
Once all testing has been successfully completed, Symantec will begin allocating domain names in .ANTIVIRUS for more widespread internal corporate use. It is in Stage 2 that Symantec will evaluate expanding the operations of the gTLD to permit registration by other registrants such as licensees and/or strategic partners. Should an assessment of its expansion strategy lead to a decision to extend registration rights to other parties, this expansion is currently planned to take place during Stage 3. However, any expansion would be conditioned upon a review of Specification 9 (Registry Code of Conduct) set forth in the template Registry Agreement to ensure compliance with Symantec's business model.

3. Stage 3
Based on its evaluations, Symantec will assess and determine whether its business plan and expansion strategy should be augmented by extending registration rights to a broader class of licensees, strategic partners, customers of Symantec, and/or other third parties. It is anticipated by Symantec that changes to the domain name industry, and particularly the impact of generic term gTLDs, will take at least five years to be realized and assessed. Any decision to expand the gTLDs beyond corporate, subsidiary, and affiliate use will take into account this experience as well as the technical analysis of potential expansion.

Notwithstanding this potential future expanded use of the .ANTIVIRUS namespace beginning in the sixth year of operation, Symantec currently anticipates implementing a throttle mechanism to ensure that any proposed expansion is controlled and responsible.

Specifically, under the throttle mechanism Symantec would cease registration of domain names to this potential expanded universe of registrants if and when Symantec reaches 90 percent of the annual 50,000-domain name transaction currently provided for in the template Registry Agreement. Symantec believes that is prudent to incorporate this "time-out" into the business plan in order to reevaluate potential future growth and the necessary resources to ensure that this growth does not negatively impact the secure and stable operation of the .ANTIVIRUS namespace when approaching the 50,000-domain name transaction threshold. This proposed "time-out" mechanism is described in greater detail in the responses to the financial questions (Question 45-50).

The potential use of the .ANTIVIRUS gTLD will also be driven by Symantec's future business strategies as identified in its annual report and investor filings, see: http://investor.symantec.com/phoenix.zhtml?c=89422&p=irol-reports.

Utilizing current projections based upon Symantec's existing businesses, future business plans, current domain name portfolio, and other strategic factors, Symantec estimates second-level domain name registrations to be in line with the projections set forth in the financial template provided in response to Question 46 of this application.
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18.2 How do you expect that your proposed gTLD will benefit registrants, Internet users, and others?

Symantec believes that a proposed .ANTIVIRUS gTLD has the potential to offer the following benefits to Internet users and consumers:

Establish a trusted source of information and an online marketplace for the millions of consumers who purchase goods and services through Symantec's online stores, for investors and third parties seeking information, and for the general Internet user population;

Provide Symantec and its qualified subsidiaries and affiliates with short and memorable Internet addresses; provide increased navigation to products, services, advertising campaigns, public interest content, public awareness initiatives, etc.;

Minimize the cost and need for defensive registrations because domain names within the .ANTIVIRUS gTLD will only be allocated internally to Symantec and its qualified subsidiaries and affiliates, at least for the first three years of operation; and

Develop a potential platform for the secure access to, purchase of, and distribution of Symantec products and information to consumers, in order to minimize the potential for counterfeit or infringing goods and services.

18.2.1 What is the goal of your proposed gTLD in terms of areas of specialty, service levels, or reputation?

The primary mission and purpose of the .ANTIVIRUS gTLD is to provide a trusted, hierarchical, secure, and intuitive online marketplace to deliver Symantec content, services, and information about our business and focus, as well as other goods and services. As Symantec continues to expand, it is the company's desire to pursue and develop opportunities to market and distribute its online content and products to consumers in the U.S. and internationally on various platforms, including the Internet and mobile devices, among others.

Businesses are increasingly adopting cloud, virtualization, and mobile technologies to reduce the cost of their IT infrastructures and enhance access to their information. By providing products and solutions that support the adoption of these key technology trends, Symantec seeks to maintain a position of leadership in helping businesses protect, secure, and manage their information and identities. Given the increasing demand to access Symantec and its products through a variety of channels, which include domain names, Symantec believes that a .ANTIVIRUS gTLD has the potential to provide an innovative, virtual avenue to Symantec goods and services that will deepen and broaden its relationship with consumers.

Most importantly, Symantec will be able to provide access to its products and online content in a namespace devoid of piracy, cybersquatting, and other malicious activities. Providing consumers with a trusted experience is paramount to Symantec, and a .ANTIVIRUS gTLD will be used to further that goal.

While security companies such as Symantec fight a never-ending battle to protect information, consumers, businesses, and governments from piracy on the Internet, a .ANTIVIRUS gTLD potentially offers consumers a safe and intuitive means of accessing authorized content from Symantec and its qualified subsidiaries and affiliates.

18.2.2 What do you anticipate your proposed gTLD will add to the current space, in terms of competition, differentiation, or innovation?

The primary driving factors of the .ANTIVIRUS gTLD are differentiation and innovation. The number of domain names registered will not measure the success of the gTLD, but rather success will be judged by the level of consumer recognition and trust that is placed in the .ANTIVIRUS gTLD. Using this benchmark, Symantec strives to build consumer recognition and trust through the usage of the .ANTIVIRUS gTLD that rises to the level of that found in the .EDU and .GOV gTLDs.

18.2.3 What goals does your proposed gTLD have in terms of user experience?

Symantec believes that the .ANTIVIRUS gTLD will provide a trusted ecosystem experience for the millions of consumers worldwide who purchase the company's products, as well as those who seek information that Symantec provides, such as investors and members of the press. In addition to providing consumers with short, memorable, and intuitive domain names, the .ANTIVIRUS gTLD will indicate to consumers that all domains and content therein are owned and controlled by Symantec, thus protecting users from potential infringing, pirated, or harmful content.

The initial use of the .ANTIVIRUS gTLD will involve Symantec registering a limited number of second-level domain names. This initial use will provide Symantec's IT and security personnel the ability to run a number of tests to ensure seamless and secure access to the Symantec websites, and interoperability with various software and Web-/mobile-based applications. Once appropriate security and stability issues have been satisfactorily addressed, Symantec will likely begin allocating domain names for internal corporate use and may redirect new .ANTIVIRUS domain names to preexisting content. This phased rollout will likely take place over a multi-year period, but is subject to change depending upon a range of external factors.

During this same period of time, Symantec will evaluate potential strategies to use the .ANTIVIRUS gTLD in other ways that will advance Symantec's corporate mission and goals.

18.2.4 Provide a complete description of the applicant's intended registration policies in support of the goals listed above.

Symantec currently intends for the .ANTIVIRUS gTLD to be exclusively used by Symantec and its qualified subsidiaries and affiliates, at least for the first three years of operation. Because of this condition, Symantec intends to address registration and use requirements in its qualified subsidiary and affiliate agreements, rather than in a domain name registration agreement.

Notwithstanding this, Symantec will incorporate all required ICANN consensus policies and other legal/policy requirements imposed on new gTLD applicants into the terms and conditions of the domain name registration agreements.

18.2.5 Will your proposed gTLD impose any measures for protecting the privacy or confidential information of registrants or users? If so, please describe any such measures.

As a global information and security company, Symantec recognizes that this is an evolving area of law in which there is no international standard. However, due to the fact that every domain name will be registered to Symantec and its qualified subsidiaries and affiliates, at least for the first three years of operation, Symantec has a vested interest in making sure that accurate and current domain name information is readily available in connection with each .ANTIVIRUS domain name. For the .ANTIVIRUS gTLD, all private and confidential information will be protected.

Symantec will ensure that the operation of the .ANTIVIRUS gTLD will be consistent with its Statement of Privacy Principles, available on its website, see http://www.symantec.com/about/profile/policies/privacy.jsp.

In addition, Symantec intends to incorporate contractual language in its Registry-Registrar Agreement (RRA) modeled after language that has been included in the template Registry Agreement and that has been successfully utilized by existing ICANN gTLD Registry Operators.

The template Registry Agreement states, "Registry Operator shall (i) notify each ICANN-accredited registrar that is a party to the registry-registrar agreement for the TLD of the purposes for which data about any identified or identifiable natural person ("Personal Data") submitted to Registry Operator by such registrar is collected and used under this Agreement or otherwise and the intended recipients (or categories of recipients) of such Personal Data, and (ii) require such registrar to obtain the consent of each registrant in the TLD for such collection and use of Personal Data. Registry Operator shall take reasonable steps to protect Personal Data collected from such registrar from loss, misuse, unauthorized disclosure, alteration or destruction. Registry Operator shall not use or authorize the use of Personal Data in a way that is incompatible with the notice provided to registrars."

18.2.6 Describe whether and in what ways outreach and communications will help to achieve your projected benefits.

Symantec sees the potential for this gTLD to play a large role in Symantec's future online strategic initiative. However, there are a number of unanswered questions concerning consumer recognition, the adoption of new gTLDs, and the response from search engines in the marketplace that will influence the usage of the gTLD and communication about that usage.

Notwithstanding this, Symantec plans to start using .ANTIVIRUS domains initially as redirects to existing .COM domains. Symantec also plans to carefully review the release of new gTLDs by others, the response from search engines to gTLDs, and the perception of consumers. As the marketplace evolves, Symantec will invest in outreach and communication as needed to ensure that its consumers, partners, and affiliates continue to interact with Symantec content in a simplified and efficient manner.
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18.3 What operating rules will you adopt to eliminate or minimize social costs (e.g., time or financial resource costs, as well as various types of consumer vulnerabilities)?

Symantec's proposed operating rules to limit registration to Symantec and its qualified subsidiaries and affiliates, at least for the first three years of operation, will provide a trusted online environment for consumers to access Symantec's online content, and by default will minimize social costs. This verified ecosystem provides consumers with a trusted source for Symantec goods and services with a substantially lower risk of the fraud, misdirection, infringement, or scams that consumers are plagued with in .COM and other open gTLDs. Symantec does not anticipate consumer vulnerabilities. Therefore, one way in which social costs will be eliminated is that there will be no need for other trademark and brand owners to defensively register second-level domains in the .ANTIVIRUS gTLD. In fact, Symantec's expectation is that the usage of a .ANTIVIRUS gTLD will eliminate many of the vulnerabilities that Symantec consumers face in the wider Internet today.

18.3.1 What other steps will you take to minimize negative consequences/costs imposed upon consumers?

Symantec believes that the proposed operation of the .ANTIVIRUS gTLD as set forth in this application has no known negative consequences or cost implications to consumers. On the contrary, the proposed operation of this registry will likely lead to direct and quantifiable benefits to consumers.

18.3.2 How will multiple applications for a particular domain name be resolved, for example, by auction or on a first-come/first-serve basis?

Symantec does not envision multiple applicants for the same domain name, as domain names will only be allocated to Symantec and its qualified subsidiaries and affiliates, at least for the first three years of operation, in accordance with Symantec's business plan for the .ANTIVIRUS gTLD.

18.3.3 Explain any cost benefits for registrants you intend to implement (e.g., advantageous pricing, introductory discounts, bulk registration discounts).

Symantec does not envision any advantageous pricing, introductory discounts, or bulk registration discounts because these marketing/commercial initiatives are inconsistent with the mission and purpose of the .ANTIVIRUS gTLD as a trusted online source identifier. Moreover, it is the current intention of Symantec to provide domain name registrations to itself and its qualified subsidiaries and affiliates at no cost, though the company reserves the right to reevaluate this decision and may alter it in the future.

18.3.4 Note that the Registry Agreement requires that registrars be offered the option to obtain initial domain name registrations for periods of one to ten years at the discretion of the registrar, but no greater than ten years. Additionally, the Registry Agreement requires advance written notice of price increases. Do you intend to make contractual commitments to registrants regarding the magnitude of price escalation? If so, please describe your plans.

Symantec is committed to providing the domain name registration periods set forth in the Registry Agreement. However, as noted above, the registration and use of the domain name is conditioned upon a separate qualified subsidiary or affiliate relationship with Symantec. Therefore, providing contractual commitments in a domain name registrant agreement regarding the magnitude of price escalations does not seem relevant or appropriate. Additionally, as noted above, the current business model envisions Symantec providing domain name registrations to itself and its qualified subsidiaries and affiliates at no cost, at least for the first three years of operation.

Symantec acknowledges that the current template Registry Agreement requires that the Registry Operator "shall offer registrars the option to obtain registration periods for one to ten years at the discretion of the registrar." However, Symantec and its qualified subsidiaries and affiliates, as the sole registrants within the .ANTIVIRUS gTLD, will only be registering domain names on an annual basis. This is done to better account for costs on an annual basis as well as to provide for more concise financial statements in Question 46 of this application; therefore, there will be no multi-year registrations or deferred revenue.
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22.1 Symantec Corporation has Properly Researched this Topic

Symantec Corporation ("Symantec") is keenly aware of the sensitivity of national governments in connection with protecting country and territory identifiers in the Domain Name System (ʺDNSʺ). In preparation for answering this question, Symantec reviewed the following relevant background material regarding the protection of geographic names in the DNS:

-ICANN Board Resolution 01-92 regarding the methodology developed for the reservation and release of country names in the .INFO top-level domain, see http://www.icann.org/en/minutes/minutes-10sep01.htm;
-ICANN's Proposed Action Plan on .INFO Country Names, see http://www.icann.org/en/meetings/montevideo/action-plan-country-names-09oct01.htm;
-"Report of the Second WIPO Internet Domain Name Process: The Recognition and Rights and the Use of Names in the Internet Domain Name System," Section 6, Geographical Identifiers, see http://www.wipo.int/amc/en/processes/process2/report/html/report.html;
-ICANN's Governmental Advisory Committee (GAC) Principles Regarding New gTLDs, see https://gacweb.icann.org/download/attachments/1540128/gTLD_principles_0.pdf?version=1&modificationDate=1312358178000; and
-ICANN's Generic Names Supporting Organization Reserved Names Working Group - Final Report, see http://gnso.icann.org/issues/new-gtlds/final-report-rn-wg-23may07.htm.

22.2 Initial Reservation of Country and Territory Names

Symantec is committed to initially reserving the country and territory names contained in the internationally recognized lists described in Article 5 of Specification 5 attached to the Applicant Guidebook at the second-level and at all other levels within the .ANTIVIRUS gTLD at which Symantec will provide registrations. Specifically, Symantec will reserve:

1. The short form (in English) of all country and territory names contained on the ISO 3166-1 list, as updated from time to time, including the European Union, which is exceptionally reserved on the ISO 3166-1 list, and its scope extended in August 1999 to any application needing to represent the name European Union, see http://www.iso.org/iso/support/country_codes/iso_3166_code_lists/iso-3166-1_decoding_table.htm#EU;

2. The United Nations Group of Experts on Geographical Names, Technical Reference Manual for the Standardization of Geographical Names, Part III Names of Countries of the World; and

3. The list of United Nations member states in six official United Nations languages prepared by the Working Group on Country Names of the United Nations Conference on the Standardization of Geographical Names.

22.3 Fair & Non-Misleading Use of Geographical Identifiers

Symantec is a leading provider of information security and protection serving the wide-ranging needs of consumers around the globe, with more than 18,500 employees and operations in numerous countries throughout North America, South America, Asia, Africa, and Europe. Symantec Corporation's online sales are available to consumers in multiple countries, and online content can be accessed under the .COM gTLD and numerous ccTLDs, including .CA, .DE, .EU, and .RU.

Symantec intends to explore the option of providing a hierarchical and intuitive framework for the .ANTIVIRUS namespace by using geographic identifiers as second-level domain names. Symantec believes that the use of geographic identifiers to the left of the TLD and as part of the domain name itself has a direct and material impact on search engine algorithms and their corresponding query results. In addition, such naming conventions are intuitive and practiced by direct navigation Internet users (those who type their intended destination into address bars as opposed to search engines). Symantec would like to evaluate whether this type of hierarchical and intuitive use of second-level domain names within a gTLD provides increased consumer functionality and innovation, as premised by ICANN.

Symantec believes that the .ANTIVIRUS gTLD can provide an online source identifying function for Internet users around the world navigating to the .ANTIVIRUS namespace.

22.4 The Legal Protection of Geographical Identifiers

One of the more authoritative resources on the current state of the law in connection with the protection of geographical identifiers was authored by the World Intellectual Property Organization (WIPO) in its 2001 "Report of the Second WIPO Internet Domain Name Process: The Recognition of Rights and the Use of Names in the Internet Domain Name System." Section six of this report was devoted exclusively to the protection of geographical identifiers.

In analyzing the well-established framework against the misuse of geographical identifiers at the international, regional, and national levels, WIPO identified the following two elements for the protection of geographical identifiers: (i) a prohibition of false descriptions of the geographical source of goods; and (ii) a more extensive set of rules prohibiting the misuse of one class of geographical source indicators, known as geographical indications (see "Report of the Second WIPO Internet Domain Name Process," Paragraphs 206 and 210). Neither false descriptions of the geographical source of goods, nor misuse of geographical indications, is present in Symantec's current or proposed use of geographical identifiers.

Notwithstanding WIPO's recommendation that the protection of geographical identifiers is "a difficult area on which views are not only divided, but also ardently held" (Paragraph 237) national governments within the ICANN Governmental Advisory Committee (GAC) and other international forums have continued to advocate for increased safeguards to protect against the misuse of geographical identifiers within the domain name system.

Symantec, acting as a responsible international business, seeks to minimize any potential business practices that might mislead consumers. However, at the same time, it believes that it is important to be able to use geographical identifiers in a fair use and non-misleading manner, if such use can benefit Internet users as proposed in Symantec's business model.

22.5 Samples of Fair & Non-Misleading Use of Geographical Identifiers

In undertaking a thorough research of this subject matter prior to filing this application, Symantec's subject matter experts were able to uncover the following representative sampling of fair and non-misleading use of geographical identifiers used in the existing gTLD domain name space:

Fair Use of National Geographical Identifiers

AUSTRALIA.COOP - Is operated by Co-operatives Australia, the national body for State Co-operative Federations, and provides a valuable resource about cooperatives within Australia.

USA.JOBS - Is operated by DirectEmployers Association (ʺDEʺ). While Employ Media, the registry operator of the .JOBS gTLD, is currently in a dispute with ICANN regarding the allocation of this and other domain names, DE has a series of partnerships and programs with the United States Department of Labor, the National Association of State Workforce Agencies, and Facebook to help unemployed workers find jobs.

MALDIVIAN.AERO - Is the dominant domestic air carrier in Maldives, and provides a range of commercial and leisure air transport services.

Fair Use of Regional/Local Geographical Indicators

TEXAS.JOBS - Is operated by a joint effort between DE, the Texas Workforce Commission, and the National Labor Exchange to connect job seekers with approximately 96,000 job openings. An additional domain name operated by this joint effort was WORKINTEXAS-VETERANS.JOBS, a resource devoted to helping Texas veterans translate their military skills to jobs in the civil marketplace.

BROOKLYN.COOP - Is operated by Brooklyn Cooperative Federal Credit Union, which began as a modest storefront business in 2001, but is now New York City's fastest growing credit union and a model for community development credit unions nationwide.

SACRAMENTO.AERO - Is a portal website operated by Sacramento County to provide links to each of the airports serving the Sacramento area: Sacramento International Airport (SMF), Mather Airport (MHR), Executive Airport (SAC), and Franklin Field (F72).

22.6 Protection of Regional and Local Geographic Names for Non-Misleading Use

Symantec has stated its intention to consider using non-reserved geographic identifiers as part of a hierarchical and intuitive framework in a fair and non-misleading use to help consumers navigate the .ANTIVIRUS namespace. Symantec is committed to operating the .ANTIVIRUS namespace in a manner that minimizes potential consumer confusion, and will actively work with others in the ICANN community regarding any future policy development in this area.

22.7 Potential Future Release of Initially Reserved Names

Given that Symantec is an international organization currently operating in numerous other countries, Symantec looks forward to collaborating with other new gTLD registry operators in potentially working with ICANN's GAC to explore potential processes that could permit the release of initially reserved country names (including ISO-3166 two-characters). Specifically, Symantec is interested in exploring other Registry Service Evaluation Processes (RSEP) that have been filed by existing gTLD registry operators in releasing previously reserved domain names.

22.8 Dispute Resolution

Symantec does not envision any potential disputes from governments or public authorities in connection with the registration and use of geographic names within the .ANTIVIRUS gTLD based upon its proposed use, set forth in the response to Question 18 of this application.

However, Symantec is committed to working with governments, public authorities, or IGOs that may have a concern regarding the registration of names with national or geographic significance at the second-level within .ANTIVIRUS. Therefore, should there arise any potential disputes, Symantec will undertake an immediate policy development process as identified below.

22.9 Creation and Updating the Policies

If there should arise some future need for the creation or updating of the policies regarding this class of domain names, Symantec will act in an open and transparent manner consistent with its prior practices to develop such a policy and/or recommendation.

Symantec is also committed to continually reviewing and updating these lists to prevent the misleading use of geographical identifiers. Consistent with this commitment, Symantec intends to remain an active participant in any ongoing ICANN policy discussion regarding the protection of geographic names within the DNS.

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