Re: [ALAC] Red Cross/IOC - Questions for Consensus Call - Reply due by September 26th
Sept. 25, 2012
4:23 a.m.
Sala, one question. You end one paragraph with "It follows that any variations to Registry Agreements require the activation of a Policy Development Process (PDP)." Can you explain how "it follows"? Reserved names are one of the things in signed registry agreements that are subject to Consensus Policy created by a PDP (colloquially called "within the picket fence"), but in this case we are talking about a draft registry agreement that is not yet in force and is explicitly prefixed with the notice that ICANN may make changes prior to it being used. Alan At 23/09/2012 07:13 PM, Salanieta T. Tamanikaiwaimaro wrote: >Dear Alan, > >I sent the wrong version. Please ignore the previous one. This is >the correct version that I meant to send and they are still Draft >Submissions but enough to see the rationale of where I basing my arguments. > >Kind Regards, >Sala > >On Mon, Sep 24, 2012 at 11:01 AM, Salanieta T. Tamanikaiwaimaro ><<mailto:salanieta.tamanikaiwaimaro@gmail.com>salanieta.tamanikaiwaimaro@gmail.com> >wrote: >Dear Alan, > >Here are my draft Submissions, I have sent it to APRALO for >feedback. I have yet to complete them as you can see but they show >the reasons why I suggest a PDP is crucial and vital although I >argue that the exception that has its legacy from the GAC Proposal >should be further narrowed. > >Kind Regards, >Sala > >On Thu, Sep 20, 2012 at 12:06 PM, Salanieta T. Tamanikaiwaimaro ><<mailto:salanieta.tamanikaiwaimaro@gmail.com>salanieta.tamanikaiwaimaro@gmail.com> >wrote: > > >On Thu, Sep 20, 2012 at 12:03 PM, Alan Greenberg ><<mailto:alan.greenberg@mcgill.ca>alan.greenberg@mcgill.ca> wrote: >If you are talking about the Issue Report on considering grranting >protecttion to all IGOs, that the Issue Report has not yet been >posted. There was a Preliminary Issue Report. The pointer is filed >under Recently Closed Public Comment Periods on the main ICANN web >site. The specific pointer for this one is ><http://www.icann.org/en/news/public-comment/prelim-protection-io-names-04jun12-en.htm>http://www.icann.org/en/news/public-comment/prelim-protection-io-names-04jun12-en.htm >. > >I am not after the Preliminary Issues Report (PIR) but the Final >Issues Report which is mentioned within the PIR. > >Although input from the ALAC is virtually always solicited on any >GNSO activity, since this was a formal Public Comment Period (as is >required by ICANN Bylaws), we were certainly able to comment and in >fact did. All comments are accessible through the above pointer. > >If you are talking about the specific case of protection for the RC >and IOC names, that is not a PDP and there is no Issue Report. I >have been a participant in the drafting team charged with looking at >the issue, and anyone else who chose to could have participated as well. > > > >Alan > > > >At 19/09/2012 05:25 PM, Salanieta T. Tamanikaiwaimaro wrote: >>Alan, >> >>I had sent you my preliminary thoughts and will send you my >>submissions later. Do you have the link for the Issues Report that >>was developed following the GNSO Council Resolution? Is the request >>for feedback from the ALAC part of the development of the Issues >>Report? I am guessing it is the latter but need you to confirm. >> >>This will help us in submitting our analysis and feedback. >> >>Kind Regards >> >>On Wed, Sep 19, 2012 at 5:28 PM, Alan Greenberg >><<mailto:alan.greenberg@mcgill.ca>alan.greenberg@mcgill.ca > wrote: >>I apologize for the length of this note, but it is necessary to fully >>brief you on an issue that we must come to closure on. >>The GNSO Red Cross/IOC Drafting Team has narrowed down the options >>for possible recommendation to the GNSO and has pout out a Consensus >>Call with replies due on September 26. I propose that this be >>discussed on our list prior to the ALAC meeting on September 25th, >>and that a decision be reached at that meeting to allow me to report >>back to the DT at its meeting the following day. >>I specifically ask that all ALAC members who will not be able to >>attend the meeting next week make their views known prior to the meeting. >>Note that this proposed recommendation seems to generally be in line >>with a motion adopted by the Board New gTLD Program Committee on >>September 13ths, but the Drafting Team had formulated the draft >>proposal well before that date. The gTLD Program Committee resolution >>can be found at >><http://www.icann.org/en/groups/board/documents/resolutions-new-gtld-13sep12-en.htm>http://www.icann.org/en/groups/board/documents/resolutions-new-gtld-13sep12-en.htm >>. >>The proposal has two parts and is as follows. >> >1. Whether a PDP is necessary to resolve the the RC/IOC issue. My >> >personal position is that a PDP is not needed to resolve the issue >> >for the first round. A PDP is needed for any following round. A PDP >> >is being considered on the larger IGO issue (which include as a >> >subset the RC/IOC), but it is not yet clear that the GNSO Council >> >will proceed with it (highly likely in my mind). Since it is quite >> >likely that there will be a PDP, but that it will not be complete >> >prior to the first new gTLDs being deployed, the 2nd part of this >> >proposal only makes sense if that PDP does proceed. >> > >> >2. The Second consensus call item is a proposal originally put forth >> >by J. Scott Evans and endorsed by the Registry SG which recommends >> >the following: >> > >> >2.a. Recommend a moratorium be placed on the registration of exact >> >matches of the IOC/Red Cross names contained in the GAC >> >recommendation of September 15, 2011 at the second level in the >> >first round of new gTLDs pending results of the PDP covering IGO >> >names, IOC/RC names and other international organizations. This >> >would provide a back stop if the PDP does not finish in time and >> >would also eliminate the argument that the GNSO is just choosing >> >this approach as a way of avoiding the issue. >> > >> >2.b. Communicate to the GAC: >> > >> >2.b.i. That the GNSO recommends a PDP be initiated as soon as >> >possible to cover IGO names, IOC/RC names any other international >> >organizations. >> > >> >2.b.11. A rationale for that position with a particular emphasis on >> >pointing out the things that could be accomplished via a PDP and >> >that would be difficult to adequately do so otherwise. >> > >> >2.b.iii. That the GNSO welcomes feedback from the GAC as soon as >> >possible on this position. >> > >> >2.b.iv. That sincere efforts will be made to expedite the PDP; note >> >that the work that has already been done on this issue should >> >facilitate the process. >>I recommend that the ALAC support this recommendation as I have >>qualified it above. >>The rationale is as follows: >>- in the longer term, it makes sense that such a major issue such as >>protection of IGO (and possible other names such as charities) be >>done under the auspices of a PDP. This is an issue that has come up >>before. The last time in 2007, the specific question was the creation >>of a dispute resolution process that could be used by IGO (since the >>UDRP is for trademarks, it does not apply). Ultimately, after a LOT >>of work was done, the GNSO Council chose not to do any further work >>on this, with the understanding that for new gTLDs, the IGO issue >>would be incorporated into the plans. It was not. If the issue is not >>definitively dealt with now, it will simply come back again. And no >>doubt sooner than the 4 years it took to return this time. >>- If we allow the status quo to stand and the RC/IOC names are not >>protected at the 2nd level as new gTLDs are deployed, AND if >>ultimately a PDP decides that the RC and IOC names SHOULD be >>protected at the 2nd level, there will be no practical way to call >>back any names that have been registered in the interim, certainly >>not until they expire. As a result, these organization will have been >>impacted unreasonably. At the very least, they would have to do >>significant defensive registrations. On the other hand, if the names >>are protected and the PDP judges that they do not deserve this >>protection, the names can easily be released at that time. >>- In recent statements, the ALAC has been more sympathetic with the >>case of the Red Cross than with the IOC. However, the two are firmly >>linked at this time (although they could be delinked in a future >>PDP), so the only way to offer protection to the RC is to do it to >>both organizations. >>- The recommendation is about as conservative as it could be given >>that the organizations wanted protection for a far wide range of >>languages than was originally requested in the GAC letter >>( https://gacweb.icann.org/display/GACADV/2011-09-14-IOCRC-1). And of >>course it is exact matches only and not the more flexible protection >>that they would prefer. >>Although not a rationale for doing this, it should be noted that if >>the GNSO either makes no recommendation or takes a more rigid >>position that no additional protections should be granted, it is >>likely (in my opinion) that the Board will do something of this sort >>anyway, creating a very time-and energy-consuming issue with no real benefit. >>_______________________________________________ >>ALAC mailing list >><mailto:ALAC@atlarge-lists.icann.org>ALAC@atlarge-lists.icann.org >>https://atlarge-lists.icann.org/mailman/listinfo/alac >>At-Large Online: <http://www.atlarge.icann.org>http://www.atlarge.icann.org >>ALAC Working Wiki: >><https://community.icann.org/display/atlarge/At-Large+Advisory+Committee+(ALAC)>https://community.icann.org/display/atlarge/At-Large+Advisory+Committee+(ALAC) >> > > > >-- >Salanieta Tamanikaiwaimaro aka Sala >P.O. Box 17862 >Suva >Fiji > >Twitter: @SalanietaT >Skype:Salanieta.Tamanikaiwaimaro >Fiji Cell: <tel:%2B679%20998%202851>+679 998 2851 > > > > > > >-- >Salanieta Tamanikaiwaimaro aka Sala >P.O. Box 17862 >Suva >Fiji > >Twitter: @SalanietaT >Skype:Salanieta.Tamanikaiwaimaro >Fiji Cell: <tel:%2B679%20998%202851>+679 998 2851 > > > > > > > >-- >Salanieta Tamanikaiwaimaro aka Sala >P.O. Box 17862 >Suva >Fiji > >Twitter: @SalanietaT >Skype:Salanieta.Tamanikaiwaimaro >Fiji Cell: <tel:%2B679%20998%202851>+679 998 2851 > > > > > > > >-- >Salanieta Tamanikaiwaimaro aka Sala >P.O. Box 17862 >Suva >Fiji > >Twitter: @SalanietaT >Skype:Salanieta.Tamanikaiwaimaro >Fiji Cell: +679 998 2851 > > > > >Content-Type: application/pdf; > name="Draft Response to ALAC GNSO Liaison IOC RCRC 24.9.12.pdf" >Content-Disposition: attachment; > filename="Draft Response to ALAC GNSO Liaison IOC RCRC 24.9.12.pdf" >X-Attachment-Id: f_h7grjh421
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Alan Greenberg