New gTLD applications: what are the PICS?

In the context of new gTLD (generic Top-Level Domain) applications to ICANN, PICS stands for Public Interest Commitments.

These are formal commitments made by an applicant for a new gTLD, outlining how they intend to operate their registry in a way that benefits the public interest. PICs are a crucial part of the application process and become legally binding provisions within the Registry Agreement between ICANN and the successful gTLD operator.

Here's a breakdown of what PICS entail and why they are important:

• Purpose: PICs are designed to address concerns from various stakeholders, including governments (through the Governmental Advisory Committee - GAC), civil society, and other public interest groups. They aim to ensure that new gTLDs are operated responsibly and contribute positively to the Internet ecosystem.
• Types of PICs:
  • Mandatory PICs: These are standard commitments that all new gTLD applicants must include. They are generally uniform across all Registry Agreements and often derive from GAC advice.
  • Safeguard PICs: These are required for gTLDs identified as pertaining to sensitive or regulated industries (e.g., .bank, .pharmacy). They aim to provide additional protections for users in these specific sectors.
  • Voluntary PICs (now often referred to as Registry Voluntary Commitments - RVCs): Applicants can propose additional commitments beyond the mandatory and safeguard PICs. These can reflect specific policies, philosophical standpoints, or unique ways the applicant intends to serve the public interest. They might address issues raised in public comments, objections, or GAC early warnings.
• Content of PICs: PICs can cover a wide range of areas, including:
  • Abuse prevention and mitigation: Measures to combat malicious activities like phishing, spam, malware, and botnets within the gTLD.
  • Consumer protection: Policies to safeguard registrants and users from deceptive practices.
  • Data protection and privacy: Commitments related to the handling of personal data.
  • Restrictions on content or registration: For specific types of gTLDs (e.g., community TLDs, brand TLDs, or those for regulated industries), PICs might define who can register domains and what kind of content is permitted. However, ICANN is cautious about content-related commitments that might imply content regulation, ensuring they are legally sound and enforceable.
  • Community support: For community gTLDs, PICs demonstrate the applicant's commitment to the specific community they represent.
• Enforceability: Once included in the Registry Agreement, PICs are legally binding. ICANN has mechanisms, such as the Public Interest Commitment Dispute Resolution Procedure (PICDRP), to address complaints that a Registry Operator may not be complying with their PICs.

In essence, PICs are a way for ICANN to hold new gTLD operators accountable to broader public interest principles and ensure the responsible expansion of the domain name system. They are a critical component of demonstrating an applicant's suitability to operate a new gTLD.