February 2015 - ALAC - lists.icann.org

Public Comment on Rights Protection Mechanisms
by Alan Greenberg Feb. 27, 2015

Feb. 27, 2015

ICANN staff has worked to compile and analyze quantitative and qualitative data on the usage of all rights protection mechanisms, including the Trademark Clearinghouse, Uniform Rapid Suspension system, and Post-Delegation Dispute Resolution Procedures. The data includes statistics reported by third-party service providers as well as feedback from users on the effectiveness of these processes to meet rights protection objectives. This paper, as updated to incorporate feedback received during the public comment period, is intended to be available to inform the Issue Report requested by the GNSO as well as the independent review of Trademark Clearinghouse recommended by the GAC. In addition, this paper will serve as input to the Review Team on Competition, Consumer Trust, and Consumer Choice to be convened under Section 9.3 of the Affirmation of Commitments, charged with assessing the effectiveness of the safeguards developed for the New gTLD Program. See https://www.icann.org/public-comments/rpm-review-2015-02-02-en for further details. The deadline for submitted a ratified comment is 3 April 2015. If anyone feels it is important for the ALAC to comment at this stage (implying you or someone in your region) is prepared to carefully read the document and the other (many) resources and propose something relevant to users), please identify yourself to Ariel. I do not think that at this stage, this is a high priority issue for the ALAC and am prepared to say we make no comment unless someone presents a compelling reason why AND is prepared to do the work. Alan

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Re: [ALAC] [ALAC-Announce] Announcement of replacement of ALAC CWG Member
by Vanda Scartezini Feb. 26, 2015

Feb. 26, 2015

On 2/26/15, 18:51, "Vanda Scartezini" <vanda(a)etges.com.br> wrote: >Great group. We are well represented! > Hope everyone had a chance to hear the hearing at USA Senate with Larry, >Fadi and Ambassador representing Internet Coalition. Was quite >interesting. No news but clear statements which I believe was needed. >Best to all >Vanda Scartezini >Polo Consultores Associados >Av. Paulista 1159, cj 1004 >01311-200- Sao Paulo, SP, Brazil >Land Line: +55 11 3266.6253 >Mobile: + 55 11 98181.1464 >Sorry for any typos. > > > > > > >On 2/26/15, 18:33, "Alan Greenberg" <alan.greenberg(a)mcgill.ca> wrote: > >>One of the five Members of the CWG on the IANA >>Stewardship Transition, Fouad Bajwa, has resigned for health reasons. >> >>APRALO Leadership was consulted and recommended >>Cheryl Langdon-Orr as the replacement, and that >>appointment has been ratified by a Consensus Call of the ALAC. >> >>The five members representing the ALAC on the CWG are now: >> >>Seun Ojedeji (AFRALO) >>Cheryl Langdon-Orr (APRALO) >>Olivier Crépin-Leblond (EURALO) >>Fatima Cambronero (LACRALO) >>Eduardo Diaz (NARALO) >> >>Alan >> >> >>_______________________________________________ >>ALAC-Announce mailing list >>ALAC-Announce(a)atlarge-lists.icann.org >>https://atlarge-lists.icann.org/mailman/listinfo/alac-announce >> >>At-Large Official Site: http://www.atlarge.icann.org

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Announcement of replacement of ALAC CWG Member
by Alan Greenberg Feb. 26, 2015

Feb. 26, 2015

One of the five Members of the CWG on the IANA Stewardship Transition, Fouad Bajwa, has resigned for health reasons. APRALO Leadership was consulted and recommended Cheryl Langdon-Orr as the replacement, and that appointment has been ratified by a Consensus Call of the ALAC. The five members representing the ALAC on the CWG are now: Seun Ojedeji (AFRALO) Cheryl Langdon-Orr (APRALO) Olivier Crépin-Leblond (EURALO) Fatima Cambronero (LACRALO) Eduardo Diaz (NARALO) Alan

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CONSENSUS CALL: Appointment of IANA Transition CWG Member
by Alan Greenberg Feb. 25, 2015

Feb. 25, 2015

The Formally appointed Members of the IANA Stewardship Transition CWG were: * AFRALO: Seun Ojedeji * APRALO: Fouad Bajwa * EURALO: Olivier Crépin-Leblond * LACRALO: Fatima Cambronero * NARALO: Eduardo Diaz The people were selected by their respective RALOs and ratified by the ALAC. Fouad has resigned due to his inability to fully fulfill the functions of the role due to ill health. I requested that APRALO Leadership identify a replacement who was fully up-to-speed and could immediately assume the formal responsibilities of a Member. They have named Cheryl Langdon-Orr. Cheryl is already a Participant in the CWG and has been a team leader of one of the major parts of the CWG activities, so there is no one who I could say is more qualified to assume the role. Cheryl is also a Member of the ICANN Accountability CCWG (and a team leader there as well!), and we had originally been reluctant to name the same person to both activities to ensure that they would not be overloaded. However this new title within the CWG will not increase her time-commitment and I feel there is no reason not to proceed with the formal appointment. With this message, I am opening a formal Consensus Call on the ratification of Cheryl's appointment as a Member of the IANA Stewardship Transition CWG. Unless there is significant opposition raised prior to Wednesday, 25 February 2015 at 23:59 UTC, I will inform the CWG leadership that Cheryl is the 5th ALAC Member of the CWG replacing Fouad Bajwa. Alan

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Fwd: Following up the ICANNs Corporate Responsibility to Respect Human Rights meeting at ICANN52
by Olivier MJ Crepin-Leblond Feb. 24, 2015

Feb. 24, 2015

Dear colleagues, following-up on the Human Rights issues, please find the attached summary of the session that took place in Singapore. Kind regards, Olivier -------- Forwarded Message -------- Subject: Following up the ICANNs Corporate Responsibility to Respect Human Rights meeting at ICANN52 Date: Mon, 23 Feb 2015 13:49:30 +0000 From: Niels ten Oever <niels(a)article19.org> To: Human Rights <cc-humanrights(a)icann.org> Dear Sir or Madam, Thank you very much for attending the session on ICANNs Corporate Responsibility to Respect Human Rights at ICANN52 in Singapore. Please find underneath the summary of session, as prepared by Marilia Maciel. For your convenience I also attached the report produced by Article19. We're looking forward to continue the conversation with you on this topic at the e-mail list. We subscribed the people that indicated so, you can subscribe yourself here: https://mm.icann.org/mailman/listinfo/cc-humanrights If by any chance we subscribed and you did not want this, you can unsubscribe using the same link. We're looking forward to continue the discussion on the list. Best, Niels ten Oever Head of Digital Article 19 www.article19.org PGP fingerprint 8D9F C567 BEE4 A431 56C4 678B 08B5 A0F2 636D 68E9 Human Rights in ICANN: continuing the conversation ICANN’s corporate responsibility to respect human rights Summary of the main points raised during the session held at ICANN 52 Wed, February 11th 1. There is a need for ICANN to respect human rights in its policies and procedures. It was recalled that Article 4 of ICANN’s Articles of Incorporation state that ICANN shall operate for the benefit of the Internet community as a whole, carrying out its activities in conformity with relevant principles of international law and local law. These include legal instruments on human rights. 2. Internationally recognized standards for corporate responsibility, such as the UN Guiding Principles on Business and Human Rights, also apply to ICANN. This point is further explored in a paper presented as a background material to this session available at: https://community.icann.org/display/gnsocouncilmeetings/Continuing+the+conv… 3. Actors operating in ICANN have different responsibilities with regards to human rights. States in the GAC are bound by treaties and international obligations to protect human rights, while ICANN as an organization needs to respect human rights in its policies and procedures. 4. The mandate of ICANN is very specific and the discussion on human rights needs to observe the limits of ICANN’s remit. The impact of ICANN’s policies on first generation human rights, such as the right to privacy and right to freedom of expression is particularly important and needs to be assessed. 5. ICANN contracted parties have identified difficulties operate with different national laws. There is need for guidance to reconcile the need to respect local laws and their obligation to contractual compliance with ICANN. The obligations faced by Registrars regarding the collection of information and the need to harmonize it with data privacy standards was mentioned as an example. 6. There is need to discuss mechanisms to make sure that policies are developed in a manner that is consistent with human rights obligations. 7. A shared concern with this topic can be identified in ICANN communities. Support to start a cross-community effort was expressed during the session in the form of a working party or of a working group. Some possible goals of this cross-community discussion could be: To continue the process of raising awareness about the interplay between ICANN’s policies and human rights; To map and collect information on the concrete cases identified by the community in which further guidance on how to harmonize policies and procedures with human rights would be necessary; To develop guidelines for the procedures that in place or that should be created in the policy development process to ensure the respect for human rights; To propose mechanisms that could help to identify potential human rights implications during the process of policy development. 8. Regarding the next steps, some action items have been suggested: To create a cross-community working group or a cross-community working party, after assessing which of these structures would be the best option; To further the contact with SO and AC chairs in order to jointly assess the way forward and the best way to foster cross-community engagement; Terms of reference for this cross-community work will be developed; Discussion about this topic should continue in ICANN 53 in Buenos Aires. 9. For further information: The audio recording of this session is available at: http://audio.icann.org/meetings/singapore2015/human-rights-11feb15-en.mp3 The transcripts of the session are available at: http://singapore52.icann.org/en/schedule/wed-human-rights/transcript-human-… Mailing list: cc-humanrights(a)icann.org Article 19. ICANN’s corporate responsibility to protect Human Rights. February, 2015. https://community.icann.org/display/gnsocouncilmeetings/Continuing+the+conv…

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Fwd: CONSENSUS CALL: Appointment of IANA Transition CWG Member
by Beran Gillen - Yahoo Feb. 23, 2015

Feb. 23, 2015

"There is nothing more difficult to arrange and more dangerous to carry through than initiating change..." Machiavelli Sent from my iPhone Begin forwarded message: > From: Beran Gillen - Yahoo <berangillen(a)yahoo.com> > Date: 23 February 2015 08:30:47 GMT > To: Alan Greenberg <alan.greenberg(a)mcgill.ca> > Cc: ALAC <alac(a)atlarge-lists.icann.org> > Subject: Re: [ALAC] CONSENSUS CALL: Appointment of IANA Transition CWG Member > > Dear Alan > > I could not think of a better person who is more in tune with the process as a whole. It's a go for me > > Beran > > "There is nothing more difficult to arrange and more dangerous to carry through than initiating change..." Machiavelli > > Sent from my iPhone > >> On 22 Feb 2015, at 23:18, Alan Greenberg <alan.greenberg(a)mcgill.ca> wrote: >> >> The Formally appointed Members of the IANA Stewardship Transition CWG were: >> >> * AFRALO: Seun Ojedeji >> * APRALO: Fouad Bajwa >> * EURALO: Olivier Crépin-Leblond >> * LACRALO: Fatima Cambronero >> * NARALO: Eduardo Diaz >> >> The people were selected by their respective RALOs and ratified by the ALAC. >> >> Fouad has resigned due to his inability to fully fulfill the functions of the role due to ill health. >> >> I requested that APRALO Leadership identify a replacement who was fully up-to-speed and could immediately assume the formal responsibilities of a Member. They have named Cheryl Langdon-Orr. >> >> Cheryl is already a Participant in the CWG and has been a team leader of one of the major parts of the CWG activities, so there is no one who I could say is more qualified to assume the role. Cheryl is also a Member of the ICANN Accountability CCWG (and a team leader there as well!), and we had originally been reluctant to name the same person to both activities to ensure that they would not be overloaded. However this new title within the CWG will not increase her time-commitment and I feel there is no reason not to proceed with the formal appointment. >> >> With this message, I am opening a formal Consensus Call on the ratification of Cheryl's appointment as a Member of the IANA Stewardship Transition CWG. Unless there is significant opposition raised prior to Wednesday, 25 February 2015 at 23:59 UTC, I will inform the CWG leadership that Cheryl is the 5th ALAC Member of the CWG replacing Fouad Bajwa. >> >> Alan >> >> >> _______________________________________________ >> ALAC mailing list >> ALAC(a)atlarge-lists.icann.org >> https://atlarge-lists.icann.org/mailman/listinfo/alac >> >> At-Large Online: http://www.atlarge.icann.org >> ALAC Working Wiki: https://community.icann.org/display/atlarge/At-Large+Advisory+Committee+(AL…

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Fwd: [ccnso-council] ICANN 52 Board Statement on ICANN Sending IANA Stewardship Transition and Enhancing ICANN Accountability Proposals to NTIA
by Maureen Hilyard Feb. 13, 2015

Feb. 13, 2015

---------- Forwarded message ---------- From: Gabriella Schittek <gabriella.schittek(a)icann.org> Date: Thu, Feb 12, 2015 at 11:37 PM Subject: [ccnso-council] ICANN 52 Board Statement on ICANN Sending IANA Stewardship Transition and Enhancing ICANN Accountability Proposals to NTIA Dear all, The ICANN Board has made a statement on Sending IANA Stewardship Transition and Enhancing ICANN Accountability Proposals to NTIA: https://www.icann.org/news/announcement-3-2015-02-12-en Kind regards, Gabi

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Fwd: [ccnso-council] CWG-Stewardship Chairs' Statement - Summary of ICANN 52 Meeting
by Maureen Hilyard Feb. 13, 2015

Feb. 13, 2015

---------- Forwarded message ---------- From: Gabriella Schittek <gabriella.schittek(a)icann.org> Date: Thu, Feb 12, 2015 at 11:34 PM Subject: [ccnso-council] CWG-Stewardship Chairs' Statement - Summary of ICANN 52 Meeting Dear all, Lise Fuhr & Jonathan Robinson, the two co-Chairs of the Cross Community Working Group (CWG) on Naming Related Functions have published a CWG-Stewardship Chairs¹ Statement, summarising the ICANN 52 Meeting: https://www.icann.org/news/announcement-4-2015-02-12-en Kind regards, Gabi

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Re: [ALAC] Narelle's Intervention: Public Forum
by Carlton Samuels Feb. 12, 2015

Feb. 12, 2015

Thanks for sharing Sala. What's most interesting to me - and seemingly germane to discussions connecting IANA transition and ICANN Accountability - is the resolution on principles to address CCWG recommendations. I always thought it is overly optimistic to expect the Board of an American Corporation to vote to neuter itself. Especially when it conceives itself as the guardian of and ultimate firewall for the global public interest. -Carlton ============================== Carlton A Samuels Mobile: 876-818-1799 *Strategy, Planning, Governance, Assessment & Turnaround* ============================= On Thu, Feb 12, 2015 at 1:42 AM, Salanieta T. Tamanikaiwaimaro < salanieta.tamanikaiwaimaro(a)gmail.com> wrote: > Dear All, > > Further to Narelle's intervention on the Board Resolution re: perception of > changing community perception, kindly find the link to the Resolution > provided by Ram Mohan: > > https://www.icann.org/resources/board-material/resolutions-2014-10-16-en#2.d > > Kind Regards, > > -- > > *Salanieta Tamanikaiwaimaro aka Sala T* > > *P. O. Box 17862* > > *Suva* > > > *Republic of Fiji* > > *Cell: +679 7656770; +679 8024129; +6797144838* > > *Home: +679 3362003* > *Twitter: @SalanietaT* > > > > > *"You will never do anything in this world without courage. It is the > greatest quality of the mind next to honour." Aristotle* > _______________________________________________ > ALAC mailing list > ALAC(a)atlarge-lists.icann.org > https://atlarge-lists.icann.org/mailman/listinfo/alac > > At-Large Online: http://www.atlarge.icann.org > ALAC Working Wiki: > https://community.icann.org/display/atlarge/At-Large+Advisory+Committee+(AL… >

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Update from Keith Davidson about the FOIWG
by Maureen Hilyard Feb. 12, 2015

Feb. 12, 2015

... and answering some of the questions that came up in todays Wrap Up meeting :) Keith Davidson keith(a)internetnz.net.nz via icann.org Hi FOIWG'ers, Reporting from ICANN52 Singapore, firstly please excuse this lengthy message. I have copied below the ccNSO Council resolutions, the ccNSO report, the GAC Communique and the report from the ccNSO to the ICANN Board in the public forum. In a nutshell, the GAC did not object to the FOI, and the FOI received final approval from the ccNSO. It therefore is referred to the ICANN Board for their consideration, and implementation within IANA. Also the ccNSO will send the FOI to the CWG-IANA and CCWG-Accountability so that relevant recommendations may be incorporated into the IANA Transition Plan. While not the perfect outcome of having full GAC support, it nevertheless enables a useful implementation path. With that, the work of the FOIWG concludes and the FOI has become the property of the ccNSO, and hopefully a property of ICANN in due course. Byron and I will steward the process within ICANN. So as a last act as the Chair of the working group, I would like to extend my heartfelt thanks to all the active members of the group, and especially to the vice chair Becky, who assisted above and beyond the call of duty. It has been a fantastic experience and a very long haul to get us through, and I admire the tenacity and endurance of you all, and the support you have given me along the way. My last task as your chair will be to ask our secretariat to close the mailing list. Cheers Keith =========== ccNSO Resolutions: 7.1 Support Framework of Interpretation. The ccNSO Council expresses its final support for the "Framework of Interpretation" to provide more accurate and detailed analysis of the existing policies for the delegation, transfer and revocation of country code Top Level Domains. 7.2 Submission Framework of Interpretation and recommendations to CWG Stewardship and CCWG Accountability: The ccNSO Council will provide the Framework of Interpretation as an input to both the CWG-Stewardship and CCWG-Accountability working groups, with the request that the Framework and relevant recommendations from the report be incorporated into their work, including into the Service Level Agreement that will be included in the proposal for the IANA Transition Plan." 7.3 Submission of the Framework of Interpretation and recommendations to ICANN Board of Directors. The ccNSO Council empowers its chair and Keith Davidson, former chair of the FOIWG, to recommend the Final Report of the FOIWG to the ICANN Board of Directors, if they consider that the terms of the GAC Communiqué are compatible with such recommendations. The ccNSO Council also recommends that ICANN adopt the Framework of Interpretation and adopt the document as the specific guidance on the interpretation of the existing, applicable policies. With that in mind, the ccNSO Council recommends that certain previous documents including the GAC Principles 2000 (which the GAC superseded in 2005), ICANN's ICP1 and News Memo 1 should be archived and considered no longer used by ICANN or IANA staff. The ccNSO Council urges ICANN and IANA staff to apply the Framework in the near future, and the Council stands ready to assist IANA staff with that work. ========== CCNSO Council Report: Final Report FOI WG Introduction and Background The Framework of Interpretation WG was established in March 2011. According to its charter the FOIWG is to develop and propose a "Framework of Interpretation" (FOI) for the existing policies and guidelines applicable to the delegation and re-delegation of ccTLDs. After a long and intense consultation process of the FOIWG, community and others, the FOIWG finalized its recommendations during the London meeting (June 2014). The chair of the FOIWG submitted the Final Report of the WG to the ccNSO recommending that the ccNSO adopts the proposed FOI and Recommendations contained in the Final Report at the ICANN Los Angeles October 2014 meeting. In accordance with the charter of the FOIWG, its chair submitted the Final Report to the chair of GAC as well, and actively sought endorsement or support from the GAC for the FOI and Recommendations. After an intense discussion with the ccTLD managers present at the ccNSO meeting in Los Angeles (October 2014), the ccTLD managers unanimously endorsed the FOI and expressed their support for the recommendations contained in the Final Report. At its meeting in Los Angeles the ccNSO Council expressed its interim support for the Framework of Interpretation and the Recommendations contained in the Final Report of the FOIWG, requested its chair and the chair of the FOIWG to work with the chair of the Governmental Advisory Committee to engage with the GAC. As part of this engagement the ccNSO has committed to engage with the GAC going forward to provide further guidance on issues relating to delegations, transfers and revocations of ccTLDs, to review and identify any gaps in the existing policies and guidelines, and to consider whether or not a formal policy development process is needed to cover these policy gaps. An example of which would be the "retirement" of ccTLDs, where there is currently no policy basis for decision-making. Further, based on the dialogue at the ccNSO-GAC joint meeting, the ccNSO Council is optimistic that the GAC will not oppose to the Framework of Interpretation and hence not object to submission of the Framework to the ICANN Board of Directors. Finally, the ccNSO Council has been made aware that ccNSO appointed members and ccTLD participants in both the CWG Stewardship and CCWG Accountability reference the Framework of Interpretation in their work. ========== ccNSO Chairs Comments to ICANN Public Forum: The ccNSO, working closely with the GAC has now completed a multi year effort that started in 2009 with the Delegation and Redelegation Working Group. Having given unanimous provisional approval to the ccNSO's Framework of Interpretation at its meeting in <?>, the Council yesterday gave its overwhelming final approval. The FoI WG, in which the GAC was fully represented has been a good example on how different parts of ICANN can work together. The Framework may not constrain the operation of applicable law, nor may it limit the role of nataonal governments as the ultimate decision-maker in matters of public policy; and the Framework says so, explicitly. We welcome the GAC's consideration of our work, as noted in their Communique. The ccNSO Council directed the Chair of the Council and the Chair of the FoI to transmit the Framework to the Board and we look forward to working together with IANA staff as they start to use it as a tool to assist their day to day operations ========= GAC Communique: 1. Framework of Interpretation Working Group (FOIWG) Report The GAC notes the work of the ccNSO FOIWG, and its efforts to provide interpretive clarity to RFC1591. The GAC welcomes the FOIWG’s recognition that, consistent with the GAC’s 2005 Principles, the ultimate authority on public policy issues relating to ccTLDs is the relevant government. As such, nothing in the FOIWG report should be read to limit or constrain applicable law and governmental decisions, or the IANA operator´s ability to act in line with a request made by the relevant government.

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