December 2009 - Bc-gnso - lists.icann.org

Excellent news and thank you to Gary!
by Marilyn Cade 27 Dec '09

27 Dec '09

Sent via BlackBerry by AT&T -----Original Message----- From: Zahid Jamil <zahid(a)dndrc.com> Date: Fri, 18 Dec 2009 16:29:45 To: <bc-gnso(a)icann.org> Subject: Members may recall Gary Hills has resigned as our secretariat with effect from 31 December 2009 after many years of service. In January we will hold elections for the new executive committee. That executive committee will be proposing a budget for 2010 including the level of secretariat services required bearing in mind what services may be available from ICANN. This means that a request for a new secretariat with effect from 1 January 2010 is problematic as we may be changing what services we ask for within weeks. Accordingly the BC Officers have agreed with Gary to retain his services on a consultancy basis until 28 February 2010 which will allow the newly elected executive committee to decide on a longer-term request for new secretariat services. We would like to thank Gary for agreeing to do this. Zahid Mike Philip Sincerely, Zahid Jamil Barrister-at-law Jamil & Jamil Barristers-at-law 219-221 Central Hotel Annexe Merewether Road, Karachi. Pakistan Cell: +923008238230 Tel: +92 21 5680760 / 5685276 / 5655025 Fax: +92 21 5655026 www.jamilandjamil.com <http://www.jamilandjamil.com> *** This Message Has Been Sent Using BlackBerry Internet Service from Mobilink ***

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ICANN New gTLD Expression of Interest Train Leaving the Station?
by Michael D. Palage 19 Dec '09

19 Dec '09

Hello All: I just wanted to bring to everyone's attention the following excerpt from the ICANN Board minutes, "ICANN staff shall present a proposed EOI process model for approval at the ICANN Board's February 2010 meeting. " See full ICANN Board resolution below, http://www.icann.org/en/minutes/prelim-report-09dec09-en.htm Plan for Expressions of Interest The Board received a presentation from staff outlining the work done in response to the Board's resolution passed in Seoul directing staff to provide a plan for Board consideration regarding a call for "expressions of interest" in the New gTLD program. The Board then discussed the proposed plan and took the following action: Whereas the ICANN Board has passed a resolution in Seoul directing ICANN staff to study the potential impact of a call for formal "expressions of interest", and provide a plan for Board consideration in December 2009, including possible options and a risk analysis relating to a proposed action; Whereas ICANN staff has presented an analysis of the potential benefits of an Expressions of Interest (EOI) process, and has developed a preliminary EOI process model for ICANN Board discussion; Whereas the board discussion has resulted in some preliminary determinations pending formalizing the EOI process model and obtaining public comment on those determinations; Resolved, (2009.12.09.05), ICANN staff is hereby directed to record and publish for public comment the risks and considerations considered by the board and the ICANN Board's determinations on the EOI process model. Staff is also directed to continue undertaking additional analysis on those determinations. Resolved, (2009.12.09.06), ICANN staff shall summarize: a) the public comments resulting from the publication of the risks and considerations considered by the board, b) ICANN Board's determinations on the EOI process model, and c) the additional staff analysis undertaken; and present that summary to the ICANN Board. Further, along with that summary ICANN staff shall present a proposed EOI process model for approval at the ICANN Board's February 2010 meeting. All Board members in attendance unanimously approved of the resolutions

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None
by Zahid Jamil 18 Dec '09

18 Dec '09

Members may recall Gary Hills has resigned as our secretariat with effect from 31 December 2009 after many years of service. In January we will hold elections for the new executive committee. That executive committee will be proposing a budget for 2010 including the level of secretariat services required bearing in mind what services may be available from ICANN. This means that a request for a new secretariat with effect from 1 January 2010 is problematic as we may be changing what services we ask for within weeks. Accordingly the BC Officers have agreed with Gary to retain his services on a consultancy basis until 28 February 2010 which will allow the newly elected executive committee to decide on a longer-term request for new secretariat services. We would like to thank Gary for agreeing to do this. Zahid Mike Philip Sincerely, Zahid Jamil Barrister-at-law Jamil & Jamil Barristers-at-law 219-221 Central Hotel Annexe Merewether Road, Karachi. Pakistan Cell: +923008238230 Tel: +92 21 5680760 / 5685276 / 5655025 Fax: +92 21 5655026 www.jamilandjamil.com *** This Message Has Been Sent Using BlackBerry Internet Service from Mobilink ***

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Registry Agreement Consultation
by BC Secretariat 17 Dec '09

17 Dec '09

Dear Community Members, ICANN invites community participation in an open consultation regarding the proposed registry agreement for new gTLDs. This meeting is being organized in response to a commitment made by ICANN at its meetings in Seoul to continue discussions with the community about open issues in the agreement, including the process for amending the agreement, aspects of registry services reviews, and restrictions on registry operators' ability to distribute names through affiliated registrars (e.g., vertical separation). The consultation will be held on Thursday, 7 January 2010, from 14:00 to 20:00 UTC <http://timeanddate.com/s/1gwx>. A conference call bridge and Adobe Connect access will be available for this discussion and all interested parties are encouraged to participate. ICANN will facilitate this discussion from Washington, DC and space will be available to accommodate some in-person participation. The reference materials for the consultation include the Registry Agreement published in Draft Applicant Guidebook v3 viewable at http://icann.org/en/topics/new-gtlds/draft-agreement-specs-clean-04oct09-en…, the redline version of the Draft Applicant Guidebook from v2 to v3 viewable at http://icann.org/en/topics/new-gtlds/draft-agreement-specs-redline-04oct09-…. If you are interested in participating, please confirm at registry-liaison(a)icann.org by 28 December 2009. Please indicate whether you will attend in-person or remotely. Additional details regarding remote participation will be provided in advance of the consultation. We look forward to your participation in this work. Thank you. Craig Schwartz Chief gTLD Registry Liaison ICANN Please note the announcement 15 December 2009 ICANN Consultation on New gTLD Registry Agreement http://www.icann.org/en/announcements/announcement-15dec09-en.htm العربية 中文 English Français Español Русский 日本語 Deutsch Português 한국어 Italiano Glen de Saint Géry GNSO Secretariat gnso.secretariat(a)gnso.icann.org http://gnso.icann.org

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Board rejects 3 of the 4 new constituencies
by Philip Sheppard 16 Dec '09

16 Dec '09

>From Board summary 9 December 2009 - New GNSO Constituency Applications The Board discussed the fact that work was continuing on one of the four new GNSO Constituency Applications. The Board then took the following action: Whereas, The Board has received four formal petitions for the creation of four new GNSO Constituencies, the first formal requests for new GNSO constituencies in a decade; Whereas, Each petition has been subjected to a two-phase, public process that was instituted as part of the GNSO Improvements effort, and Public Comment Forums for all four petitions have concluded; It is RESOLVED (2009.12.09.07) that: 1. The Board is pleased with the response of the community in organizing these four prospective new Constituencies and in completing the various notifications, petitions, and charter documents designed to formally seek Board recognition and approval; 2. The Board thanks and acknowledges the work of the four Constituency proponents for their perseverance and dedication in attempting to further the evolution and representativeness of the GNSO; 3. The Board appreciates the work done by proponents of the CyberSafety Constituency (CSC), including its most recent response to various Board member and community questions and concerns. The Board, after careful reconsideration, has determined that this petition does not satisfy the standards for a new GNSO Constituency established by the Board; thus, the petition is not approved. Those individuals, groups, and organizations who have been involved with the CyberSafety proposal are encouraged to remain active within ICANN and, where applicable, seek to join other approved Constituencies. 4. The Board appreciates the work done by proponents of the City TLD Constituency; however, that petition is not approved on the basis that the Registries SG will be organized as a grouping of individually contracted Registries rather than as a grouping of Constituencies; as such, each City will be eligible to join the RySG once it signs a formal ICANN contract as a registry operator. In the interim, the proposed RySG Charter provides for "observer" status for any City TLD proponent interested in becoming an ICANN gTLD Registry. 5. The IDNgTLD Constituency petition, as presently formulated does not appear to be focused enough to be eligible for any single Stakeholder Group, is not comprised solely of non-governmental entities, and apparently is not focused on gTLD policies beyond non-Latin script IDNs. The Board acknowledges and thanks the IDNgTLD Constituency petitioners for their interest and effort, and welcomes further input on the structural and membership concerns raised.

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Fw: [gnso-sti] My thoughts... and best wishes
by Zahid Jamil 16 Dec '09

16 Dec '09

Thought this may give some background of BC efforts on the STI. Sincerely, Zahid Jamil Barrister-at-law Jamil & Jamil Barristers-at-law 219-221 Central Hotel Annexe Merewether Road, Karachi. Pakistan Cell: +923008238230 Tel: +92 21 5680760 / 5685276 / 5655025 Fax: +92 21 5655026 www.jamilandjamil.com *** This Message Has Been Sent Using BlackBerry Internet Service from Mobilink *** -----Original Message----- From: Kathy Kleiman <Kathy(a)KathyKleiman.com> Date: Tue, 15 Dec 2009 11:55:12 To: <McGradyP(a)gtlaw.com> Cc: <gnso-sti(a)icann.org> Subject: [gnso-sti] My thoughts... and best wishes Hi All, I would like to add my warm thoughts to the ones voiced on this list, and appreciation for all that has been shared. First, great tx to all for wrapping up just in time for the Jewish Festival of Lights (Happy Hanukah to all who are celebrating!) *As I think about the history of the STI, I would like to thank: **Zahid *for starting the STI process in such a positive way. Zahid is the founder of the Common Grounds paper, the builder of bridges, and bringer of different views to the table. He knew the work had to begin in Seoul, and he led the way with great skill, thought and work. *Paul and Mark* for sharing their expertise and sharing their insight. On notices, forum-shopping, appeals, and other issues, we took the matters offline and spent hours in discussion, and thought. Now I know what happens when people of different viewpoints meet and work -- the result is a better one! A special tx to Paul who showed me the process can even be fun :-). *David and Jon* for excellent chairing and facilitation of discussion - you allowed all views to be heard and still moved the discussion forward. A real feat! *Jeff and Jeff *for sharing information (on and offline) about how things really work, and Jeff N's special insight as "Father of the IP Claims" :-) *Margie *for capturing so much so well. * To All: great thanks for an ICANN experience that moved fast and well thanks to everyone's to the dedication and work of all. Happy Holidays and Happy New Year, Kathy** * > I would like to say for the record what a fantastic job David and Jon > did at chairing and substitute chairing, respectively, this process. > Your patience and creative problem solving really helped move the ball > forward. > > A special thanks also to staff, especially Margie, who did a excellent > job of keeping us informed and productive and whose first rate work is > reflected in the report. > > To my fellow team members, especially Kathy, thank you for good humor > and good faith in these discussions. > > Happiest of Holidays to all! > > > Paul D. McGrady, Jr. > > Greenberg Traurig, LLP > > 77 West Wacker Drive, Suite 2500 > > Chicago, IL 60601 > > 312 456 8426 tel > > 312 899 0407 fax > > mcgradyp(a)gtlaw.com > > Assistant: Loyanna Grierson (312) 236-4952 Direct Dial (312) 456-8435 > Facsimile griersonl(a)gtlaw.com >

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Re: [bc-gnso] Fw: [gnso-sti] My thoughts... and best wishes
by Steve DelBianco 16 Dec '09

16 Dec '09

That's high praise and well-deserved, too. Thanks, Zahid. Zahid Jamil <zahid(a)dndrc.com> wrote: Thought this may give some background of BC efforts on the STI. Sincerely, Zahid Jamil Barrister-at-law Jamil & Jamil Barristers-at-law 219-221 Central Hotel Annexe Merewether Road, Karachi. Pakistan Cell: +923008238230 Tel: +92 21 5680760 / 5685276 / 5655025 Fax: +92 21 5655026 www.jamilandjamil.com *** This Message Has Been Sent Using BlackBerry Internet Service from Mobilink *** -----Original Message----- From: Kathy Kleiman <Kathy(a)KathyKleiman.com> Date: Tue, 15 Dec 2009 11:55:12 To: <McGradyP(a)gtlaw.com> Cc: <gnso-sti(a)icann.org> Subject: [gnso-sti] My thoughts... and best wishes Hi All, I would like to add my warm thoughts to the ones voiced on this list, and appreciation for all that has been shared. First, great tx to all for wrapping up just in time for the Jewish Festival of Lights (Happy Hanukah to all who are celebrating!) *As I think about the history of the STI, I would like to thank: **Zahid *for starting the STI process in such a positive way. Zahid is the founder of the Common Grounds paper, the builder of bridges, and bringer of different views to the table. He knew the work had to begin in Seoul, and he led the way with great skill, thought and work. *Paul and Mark* for sharing their expertise and sharing their insight. On notices, forum-shopping, appeals, and other issues, we took the matters offline and spent hours in discussion, and thought. Now I know what happens when people of different viewpoints meet and work -- the result is a better one! A special tx to Paul who showed me the process can even be fun :-). *David and Jon* for excellent chairing and facilitation of discussion - you allowed all views to be heard and still moved the discussion forward. A real feat! *Jeff and Jeff *for sharing information (on and offline) about how things really work, and Jeff N's special insight as "Father of the IP Claims" :-) *Margie *for capturing so much so well. * To All: great thanks for an ICANN experience that moved fast and well thanks to everyone's to the dedication and work of all. Happy Holidays and Happy New Year, Kathy** * > I would like to say for the record what a fantastic job David and Jon > did at chairing and substitute chairing, respectively, this process. > Your patience and creative problem solving really helped move the ball > forward. > > A special thanks also to staff, especially Margie, who did a excellent > job of keeping us informed and productive and whose first rate work is > reflected in the report. > > To my fellow team members, especially Kathy, thank you for good humor > and good faith in these discussions. > > Happiest of Holidays to all! > > > Paul D. McGrady, Jr. > > Greenberg Traurig, LLP > > 77 West Wacker Drive, Suite 2500 > > Chicago, IL 60601 > > 312 456 8426 tel > > 312 899 0407 fax > > mcgradyp(a)gtlaw.com > > Assistant: Loyanna Grierson (312) 236-4952 Direct Dial (312) 456-8435 > Facsimile griersonl(a)gtlaw.com >

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interesting developments in a US cybersquatting case involving private registrations
by Mike O'Connor 15 Dec '09

15 Dec '09

here's the argument, from TransAmerica, that persuaded the judge that Moniker was acting as more that a registrar, and thus not immune from the ACPA; > In this case, Transamerica alleges that Oversee and the Moniker Defendants, together with the ostensible registrants – the John Doe Defendants – are the de facto registrants of the domain names in question. Transamerica claims that Moniker was not merely acting as a registrant in providing registration services to the John Doe Defendants for the infringing domain names, but instead was part of a scheme to profit from the use of the infringing names. As Transamerica points out, Moniker receives a fee each time an internet user clicks on one of the links attached to the infringing domain sites; such payment establishes at least partial ownership in the domain name. (See Hearing 63, 67). Transamerica’s Amended Complaint alleges that Moniker Online provides registration services, Moniker Privacy protects the identity of the ostensible registrant, and Oversee provides the monetization service to the domain name. (See id. at 65). Together, these three Defendants are part of a scheme by which they profit from the misuse of others’ trade and service marks. (See id.). These allegations, taken as true as they must be on a Rule 12(b)(6) motion, satisfy the requirement that Defendants be acting as more than registrars so as to strip them of immunity under the ACPA. here's the link to the article; http://domainnamewire.com/2009/12/14/judge-nixes-monikers-motion-to-dismiss… mikey - - - - - - - - - phone 651-647-6109 fax 866-280-2356 web www.haven2.com handle OConnorStP (ID for public places like Twitter, Facebook, Google, etc.)

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BC Minority Position re STI Initial Report
by Mike Rodenbaugh 12 Dec '09

12 Dec '09

Attached please find the Minority Statement that Zahid and I have drafted, based upon the earlier consensus document agreed by the BC, further comments from Members during this STI process, and our own negotiation and participation efforts within the STI team. I also include Zahid's version 1.0, which I have edited drastically due to focus, length and repetition. He has not had a chance to review my version 2.0 yet, either, as he is hopefully asleep right now. Margie, this is tentative, subject to modification upon formal review of our membership, but Zahid and I believe it represents consensus of the BC. We ask you to please hold it, and do not submit the Initial Report to the Council, until at least 3pm PST today, to allow our members the chance to offer comments to me and Zahid, for possible further editing today. Thanks, Mike Mike Rodenbaugh RODENBAUGH LAW 548 Market Street San Francisco, CA 94104 (415) <http://service.ringcentral.com/ringme/callback.asp?mbid=57178438,0,&referer =http://rodenbaugh.com/contact> 738-8087 http://rodenbaugh.com <http://rodenbaugh.com/>

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RE: [gnso-sti] Special Trademark Issues Work Team Report to the GNSO Council
by Mike Rodenbaugh 12 Dec '09

12 Dec '09

Thanks Margie and everyone else in the STI group, it was a monstrous effort in a ludicrously short timeframe. The BC Minority Statement is attached. Zahid and I believe it reflects the consensus of our membership, after active consultation with them throughout the STI process. However the document is out for comment within our Constituency, so may be modified and may not be a final version for up to three weeks, per the terms of our Charter. We do not object to nearly as many things as are reflected in the .pdf charts from Margie this morning, so hopefully they will be updated online at least. On those charts, our Minority Statement is relevant to sections 3, 4, 6.1, 7 and 10.1 re the Clearinghouse, and section 7.1 re the URS. We object to only two aspects of the Clearinghouse as it is devised within the STI Initial Report: 1) the breadth of data allowed into the Clearinghouse, and 2) required use of information within the Clearinghouse, beyond Sunrise Periods, to serve notices to registrants or would-be registrants that there is a potential trademark conflict related to their registration. We believe that businesses ought to get more benefit from the Clearinghouse, than merely the right to buy domain names during sunrise periods - which most do not want to do. We believe businesses should get more protection than the right to buy exact matches only of registered trademarks. If they wish to purchase other trademark names during sunrise, because they believe squatters otherwise will, then they should be allowed to do so (as in .asia, .tel and .eu launches, at least). Further, we believe that broadening the use of the Clearinghouse in these ways would be beneficial to everyone in the community insofar as pertinent information would be available, which could be used to notify registrants of potential domain name disputes at the point of sale, thereby avoiding a substantial percentage of those domain disputes. The ICANN community ought to demonstrate this commitment to avoiding these costly and frequent disputes. We object to only one failing of the URS as stated in the STI report -- that it would not provide successful complainants the option to have the clearly infringing domain name registration(s) transferred. We believe that, after all appeal timeframes have lapsed, the successful complainant will have demonstrated a clear and convincing burden of proof, and so should be allowed to put the formerly infringing domain names to beneficial use. We believe the absence of this remedy will result in underutilization of this process, and thus continued overutilization of the more expensive UDRP, in many more obvious cases of cybersquatting. At minimum, we believe some sort of feasibility study should be conducted before a decision is made to include it, or not, as an available remedy. We hope, at least, that these potential future modifications would be possible within a flexible design of these new systems, so they are not costly to add if the community later sees any wisdom in doing so. Thanks, Mike Rodenbaugh GNSO Councilor, Business Constituency Mike Rodenbaugh RODENBAUGH LAW 548 Market Street San Francisco, CA 94104 <http://service.ringcentral.com/ringme/callback.asp?mbid=57178438,0,&referer =http://rodenbaugh.com/contact> (415) 738-8087 <http://rodenbaugh.com/> http://rodenbaugh.com From: owner-gnso-sti(a)icann.org [mailto:owner-gnso-sti@icann.org] On Behalf Of Margie Milam Sent: Friday, December 11, 2009 9:20 AM To: GNSO Council Cc: gnso sti Subject: [gnso-sti] Special Trademark Issues Work Team Report to the GNSO Council Importance: High Dear All, On behalf of David Maher, the Chair of the STI Work Team, I am pleased to forward the Report from the Special Trademark Issues Work Team describing recommendations for the GNSO Council to consider at its meeting on 17 December 2009. Please note that there are several minority reports that are currently under development, as referenced in Annex 4, that will be sent separately to the GNSO Council as they are completed. Best Regards, Margie Milam _________________ Margie Milam Senior Policy Counselor ICANN _________________

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