July 2010 - Bc-gnso - lists.icann.org

FW: [gnso-rap-dt] Call for volunteers proposing a way forward on the RAP Final Report recommendations
by Berry Cobb July 23, 2010

July 23, 2010

BC, Below you will find a notice wrt to the Registration Abuse Policies prep-PDP recommendations passed to the GNSO council. The council is looking to build a team that will draft a proposal plan for executing the recommendations contained in the report. According the last GNSO call, the council seems interested in executing recommendations where unanimous consensus was achieved first and then work down the recommendation list. For example, UDRP reform is at the top of that list. I myself have signed on to the team, but I am sure the group could use additional help. Please review the thread below if you are interested. Thank you. B Berry Cobb Infinity Portals LLC berrycobb(a)infinityportals.com http://infinityportals.com 866.921.8891 -----Original Message----- From: owner-gnso-rap-dt(a)icann.org [mailto:owner-gnso-rap-dt@icann.org] On Behalf Of Glen de Saint Géry Sent: Monday, July 19, 2010 6:17 AM To: gnso-rap-dt(a)icann.org Subject: [gnso-rap-dt] Call for volunteers proposing a way forward on the RAP Final Report recommendations Dear All, Following on from the GNSO Council discussion on Thursday 15 July, regarding the Registration Abuse Policies (RAP) Final Report Conclusions, Recommendations, & Next Steps http://gnso.icann.org/issues/rap/rap-final-report-conclusion-recommendations -13jul10-en.pdf This is a call for volunteers who would be willing to draft a proposed approach with regard to the recommendations contained in the report, which could include the timing of forming groups to consider some of the recommendations in the final report as well as how to deal with those recommendations that did not achieve unanimous consensus. For those recommendations that do not concern the Initiation of a Policy Development Process, proposed next steps / actions by the GNSO Council might be considered too. Please consult with your stakeholder groups and anyone willing to work on this task please contact the gnso.secretariat(a)gnso.icann.org. Volunteers are not restricted to Council members and may come from the RAP Working Group itself. While he does not have the time to take the lead on this, Chuck volunteered to assist in this effort if needed. Please submit names to be added to the mailing list for this purpose by 23 July 2010. A progress report on where the group is will be submitted to the Council at its next meeting on 5 August 2010. Thank you. Kind regards, Glen Glen de Saint Géry GNSO Secretariat gnso.secretariat(a)gnso.icann.org http://gnso.icann.org

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FW: [liaison6c] Fellowship Programme: Application Round Opens for Cartagena Meeting Fellowships
by Marilyn Cade July 23, 2010

July 23, 2010

Dear BC members: I would like to see a strong effort to encourage self nominations for small businesses or small associations from developing countries to attend Cartagena. Ayesha, Waudo, Anders, and I will be discussing how to advance awareness of the fellowships announcement, IF you want to participate in this off list discussion, send me a private email at marilynscade(a)hotmail.com; and join this discussion. Chris Chaplow will also be participating, as our V.Chair, operations and finance. I'd like to prioritize participation from African region and Latin America, so if you have relevant contacts, please forward this announcement to those contacts. Marilyn CadeBC Chair From: Glen(a)icann.org To: liaison6c(a)gnso.icann.org Date: Fri, 23 Jul 2010 00:47:45 -0700 Subject: [liaison6c] Fellowship Programme: Application Round Opens for Cartagena Meeting Fellowships Application Round Opens for Cartagena Meeting Fellowships Program ensures global representation at ICANN’s International Public Meetings 22 July 2010 MARINA DEL REY, Calif.: The Internet Corporation for Assigned Names and Numbers has launched the 11th round of the Fellowship program applications for its 39th International Public Meeting to be held Cartagena, Columbia on 5-10 December 2010. Over the last 10 meetings, the Fellowship program has proven to be a successful method of capacity building for the ICANN community, making sure global voices are heard in the wide variety of public forums that it holds. As CEO Rod Beckstrom said when addressing the Russian Internet Governance Forum in Moscow last May, “The Internet is a work in progress. It feeds and grows off ideas, and new ideas greatly affect its direction. Its most influential contributors are those who can see the possibilities that others don’t. And the most powerful are those whose ideas trigger the imagination of others.” We see the Fellowship program playing a major role in bringing those great ideas and idea makers into the Internet community. Priority in selection is given to applicants who are current residents of developing and least developed nations and interested in participating in ICANN and its supporting organizations, such as the Governmental Advisory Committee, the Country Code Names Supporting Organization, the At-Large and the Generic Names Supporting Organization. The Fellowship program will assist in covering airfare, hotel and a stipend. Recipients will be expected to actively participate in and contribute to ICANN processes. As always, registration for ICANN’s meetings is free for anyone wanting to attend. Applications for the meeting in Cartagena will be accepted from now until 1200 PDT (UTC -7) on 1 September 2010. More information, as well as a link to the application for a fellowship, is available online at: https://forms.icann.org/fellowship/applications/icann39/ or email at fellowships(a)icann.org What Is ICANN? To reach another person on the Internet you have to type an address into your computer - a name or a number. That address has to be unique so computers know where to find each other. ICANN coordinates these unique identifiers across the world. Without that coordination we wouldn't have one global Internet. ICANN was formed in 1998. It is a not-for-profit public-benefit corporation with participants from all over the world dedicated to keeping the Internet secure, stable and interoperable. It promotes competition and develops policy on the Internet’s unique identifiers. ICANN doesn’t control content on the Internet. It cannot stop spam and it doesn’t deal with access to the Internet. But through its coordination role of the Internet’s naming system, it does have an important impact on the expansion and evolution of the Internet. Glen de Saint Géry GNSO Secretariat gnso.secretariat(a)gnso.icann.org http://gnso.icann.org

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REMINDER: Documents and ballot for BC Comments on DAGv4 (poll closes noon EDT Friday 23-Jul-2010)
by Steve DelBianco July 22, 2010

July 22, 2010

Just a reminder for the BC poll on DAGv4 comments. (see original email below) Voting closes at 12:00 noon EDT on Friday 23-July-2010. If you’ve already voted, thank-you! ------- Forwarded Message From: Steve DelBianco <sdelbianco(a)netchoice.org> Date: Tue, 20 Jul 2010 18:38:24 -0400 To: 'bc - GNSO list' <bc-gnso(a)icann.org> Subject: Documents and ballot for BC Comments on DAGv4 (poll closes noon EDT Friday 23-Jul-2010) As described in our previous note (repeated below), the BC is now polling members to determine support for proposed comments on Draft Applicant Guidebook version 4 (DAGv4). Attached are three documents: *** Comment part 1: DAGv4 BC points 1-3.pdf Points 1thru 3: This proposed comment is a restatement of prior BC comments regarding: market differentiation; translations and IDN versions of gTLDs; and community-based evaluation scoring. Our Rapporteur Ron Andruff updated these prior comments to reflect some recommendations of the latest economic analysis provided to ICANN. *** Comment part 2: DAGv4 BC points on RPMs.pdf Rights Protection Mechanisms. Sarah Deutsch and Jon Nevett collaborated on this proposed comment, which is based upon the BC “minority statement” we approved and submitted on a previous draft of the DAG. *** A blank ballot form: BC Polling Form 20-Jul-2010.doc, where you can indicate support or non-support for each of these 2 proposed comments. Voting instructions for BC members: Attached is your ballot form. Please complete your ballot and save the document to your local computer. Then attach your saved ballot to an email and send to bcvote(a)bizconst.org Please use the subject line "DAG4 Comments Vote". You will receive an auto confirmation of your email. This mailbox will retain all the ballot emails. Nobody on the Executive Committee has access to this mailbox at this time. When the voting closes at 12:00 noon EDT on Friday 23-July-2010, we will arrange for our Secretariat (or another neutral party) to access and tally the ballots. Reminder: please submit your ballot by 12:00 noon EDT on Friday 23-July-2010. Thanks to all who contributed to these draft comments. ------ Forwarded Message From: Steve DelBianco <sdelbianco(a)netchoice.org> Date: Tue, 20 Jul 2010 13:14:38 -0400 To: 'bc - GNSO list' <bc-gnso(a)icann.org> Cc: "excomm(a)bizconst.org" <excomm(a)bizconst.org> Subject: Process and polling for BC Comments on DAGv4 From: Marilyn Cade (BC Chair) and Steve DelBianco (vice chair for policy coordination) to: BC members Comments on DAGv4 are due to ICANN on 21-July. Ron Andruff volunteered to be BC Rapporteur and worked with Sarah Deutsch to circulate a draft on 14-July. For the last week, about a dozen BC members debated and exchanged alternate drafts via email. During that discussion, at least 5 BC members expressed opposition to the comment draft. If opposition reaches 15% of paid membership, section 7.4 in our Charter is triggered: 7.4. Approval where there is continued disagreement Where the discussion mechanism indicates a split in the Constituency of more than 15% of the number of members, there will then be a vote (typically by e-mail) on the position. Only the designated representatives of members will be eligible to vote. A position paper which has the support of at least a simple majority of 51% of the eligible votes in favour will be deemed adopted by the Constituency so long as the total number of members voting represents not less than a quorum of 50% of paid-up members. Where a quorum is not reached the Executive Committee will decide whether a re-vote, re-thinking of the position or publication of a minority position is required and the process will then repeat as appropriate. http://www.bizconst.org/charter.htm The ability of the BC to comment on DAG 4 is important to many of the members. The time line has to be modified to do follow the polling process in our charter. The majority of your executive committee supports giving a clean document to members to vote/poll in a shortened time frame. We respect that some of you may not be in agreement with the decision. However, we see no other way to achieve a submission within a reasonable time frame. Although it will be 2 days late, it will be within a reasonable time frame to be considered by ICANN. Ron Andruff is working with a few others on a clean document that he will distribute by 4pm EDT today. The goal is to for this document to get as close as we can to a consensus that all BC members can vote on. Ron may also distribute additional section(s) that would be subject to a separate vote. We will then conduct a formal members poll to close by noon EDT, Friday 23-July. We understand that this is not the best option. But given time pressures, and the work that has gone into this from all members, we want to ensure that we do all we can to have as much agreement on a core submission as we can, and that we find ways to hear the voices and concerns of all members. ------ End of Forwarded Message ------ End of Forwarded Message

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Process and polling for BC Comments on DAGv4
by Steve DelBianco July 20, 2010

July 20, 2010

From: Marilyn Cade (BC Chair) and Steve DelBianco (vice chair for policy coordination) to: BC members Comments on DAGv4 are due to ICANN on 21-July. Ron Andruff volunteered to be BC Rapporteur and worked with Sarah Deutsch to circulate a draft on 14-July. For the last week, about a dozen BC members debated and exchanged alternate drafts via email. During that discussion, at least 5 BC members expressed opposition to the comment draft. If opposition reaches 15% of paid membership, section 7.4 in our Charter is triggered: 7.4. Approval where there is continued disagreement Where the discussion mechanism indicates a split in the Constituency of more than 15% of the number of members, there will then be a vote (typically by e-mail) on the position. Only the designated representatives of members will be eligible to vote. A position paper which has the support of at least a simple majority of 51% of the eligible votes in favour will be deemed adopted by the Constituency so long as the total number of members voting represents not less than a quorum of 50% of paid-up members. Where a quorum is not reached the Executive Committee will decide whether a re-vote, re-thinking of the position or publication of a minority position is required and the process will then repeat as appropriate. http://www.bizconst.org/charter.htm The ability of the BC to comment on DAG 4 is important to many of the members. The time line has to be modified to do follow the polling process in our charter. The majority of your executive committee supports giving a clean document to members to vote/poll in a shortened time frame. We respect that some of you may not be in agreement with the decision. However, we see no other way to achieve a submission within a reasonable time frame. Although it will be 2 days late, it will be within a reasonable time frame to be considered by ICANN. Ron Andruff is working with a few others on a clean document that he will distribute by 4pm EDT today. The goal is to for this document to get as close as we can to a consensus that all BC members can vote on. Ron may also distribute additional section(s) that would be subject to a separate vote. We will then conduct a formal members poll to close by noon EDT, Friday 23-July. We understand that this is not the best option. But given time pressures, and the work that has gone into this from all members, we want to ensure that we do all we can to have as much agreement on a core submission as we can, and that we find ways to hear the voices and concerns of all members.

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IRTP-B initial Report
by Chris Chaplow July 20, 2010

July 20, 2010

Hi, The WG today agreed to extend the public comment period to 8th August for the IRTP-B initial report. This give the BC opportunity to comment. Chris Chaplow Managing Director Andalucía.com S.L. Avenida del Carmen 9 Ed. Puertosol, Puerto Deportivo 1ª Planta, Oficina 30 Estepona, 29680 Malaga, Spain Tel: + (34) 952 897 865 Fax: + (34) 952 897 874 E-mail: <mailto:chris@andalucia.com> chris(a)andaluciaws.com Web: <http://www.andalucia.com/> www.andaluciaws.com

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RE: Re[2]: [bc-gnso] DRAFT BC Public Comments on DAGv4
by john＠crediblecontext.com July 20, 2010

July 20, 2010

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RE: [bc-gnso] DRAFT BC Public Comments on DAGv4
by Ron Andruff July 20, 2010

July 20, 2010

Thanks to Mark Monitor and AIM for your notes of support for the circulated draft. I encourage other members to give the doc a quick read. While it is several pages long, please note that it is the same document we submitted for DAGv3 so what we are asking is for you to review the redlines and give your comments/amendments. To that end, Phil Corwin, can you send your suggested URS text asap? Thanks again everyone for taking a moment to review the DAGv4 draft comments. RA Ronald N. Andruff President RNA Partners, Inc. 220 Fifth Avenue New York, New York 10001 + 1 212 481 2820 ext. 11 _____ From: frederick felman [mailto:ffelman@markmonitor.com] Sent: Friday, July 16, 2010 12:21 PM To: Ron Andruff; bc-GNSO(a)icann.org Subject: Re: [bc-gnso] DRAFT BC Public Comments on DAGv4 Importance: High MarkMonitor support the BC comments to DAGv4. On 7/15/10 7:20 AM, "Ron Andruff" <randruff(a)rnapartners.com> wrote: Dear Members, Further to my reminder earlier this week regarding the need for a BC public comment on DAGv4, Sarah Deutsch and I have developed a draft for member review and comment. Effectively, we have taken the BC's DAGv3 comments and added/amended based on (1) staff having largely ignored our comments in DAGv2 and v3; and (2) utilized subsequent information that has come available in the interim (e.g., the latest economic study). FYI, Sarah drafted the RPM material and I took responsibility for the other elements. We ask that members review and comment on the document at your earliest convenience, so that we can meet the submission deadline of Wednesday, July 21st. Sorry for the late posting, but unfortunately with summer holidays and all, a few things are slipping between the cracks... Thanks in advance for your soonest input. Kind regards, RA Ronald N. Andruff President RNA Partners, Inc. 220 Fifth Avenue New York, New York 10001 + 1 212 481 2820 ext. 11

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RE: DRAFT BC Public Comments on DAGv4
by Phil Corwin July 19, 2010

July 19, 2010

For clarification, the vast majority of domain investors do NOT see major new business opportunities in new gTLDs (Michael Castello and his brother David are in the forefront on that view). To the extent that they have a business model based on owning non-infringing generic word domains and benefit from ad revenue driven by type-in direct search traffic there will be almost no such traffic at new gTLDs and it is doubtful a domain could generate sufficient PPC revenue to offset annual registration costs. Now there is a big movement among domainers to developing their best domains -- both because PPC revenue is down as well as that this is a more profitable use of a good domain -- but time will tell if developing a new gTLD domain is a worthwhile enterprise. Domainers feel very burned by past gTLD rollouts in which investments were not at all rewarded -- .travel is usually cited as a prime disappointment -- and are skeptical about the business opportunities in any new ones coming along. So ICA's attitude has been anything but "let her rip" in regard to new gTLDs being rolled out. In fact, we are on the record in our prior comment letters as questioning the wisdom of near-simultaneous rollout of 500+ new gTLDs on a variety of grounds, and urged ICANN to proceed cautiously and consider paced and prioritized introduction. We fully understand the concerns of trademark owners, although we do think they are somewhat exaggerated. That is, just as brand owners don't register at every ccTLD there will be lots of new gTLDs where the opportunities for profitable infringement will be low to nil (that is, a .phone could pose a threat to Verizon but a .cuisine much less so). We have consistently proposed a balanced UDRP reform process that addressed the default case issue for rights holders while also considering registrant concerns with the current UDRP -- what we have opposed is consideration of major new changes in the new gTLD context that amounted to one-sided UDRP reform (and many rights holders and even ICANN staff stated publicly that they hoped that any new rights protections adopted for new gTLDs would rapidly be applied to incumbents, so this was hardly an unwarranted concern). Finally, to the extent that any new gTLDs achieve market success this is to be welcomed as it will provide new opportunities for domain investors and developers, and businesses and individuals generally, and hopefully will provide some pricing constraints at .com and other incumbents. My perception is that even VeriSign would welcome that development, as being regarded in the DNS space as akin to Microsoft for PCs and Google for search imposes costs as well as benefits for them. Philip S. Corwin Partner Butera & Andrews 1301 Pennsylvania Ave., NW Suite 500 Washington, DC 20004 202-347-6875 (office) 202-347-6876 (fax) 202-255-6172 (cell) "Luck is the residue of design." -- Branch Rickey ________________________________ From: Rick Anderson [randerson(a)waltonglobal.com] Sent: Sunday, July 18, 2010 7:44 PM To: michaelc(a)traveler.com Cc: sarah.b.deutsch(a)verizon.com; Phil Corwin; mike(a)haven2.com; jb7454(a)att.com; randruff(a)rnapartners.com; ffelman(a)markmonitor.com; bc-gnso(a)icann.org Subject: DRAFT BC Public Comments on DAGv4 Hi Michael. I think it's important that ICANN and the Business Constituency thereof remain focussed upon our own role. It could well be that Google has too great a market dominance in search, and it could well be that pro-competition regulatory authorities in various jurisdictions will wish to address that. Perhaps, perhaps not. But this is some distance from our role with regards to the policies we (the ICANN community) put in place around the domain name system. It is NOT our (ICANN's) job to regulate Google, nor to regulate the search advertising market. Our (ICANN's) job is to oversee "...IP address space allocation, protocol identifier assignment, generic and country code Top-Level Domain name system management, and root server system management functions....(through being) dedicated to preserving the operational stability of the Internet; to promoting competition..." Try starting a new business or organization today, and see what .com domain choices are available to you. I know you know the answer - very limited, unless you go to the secondary market. Is this our intent - that future domain name registrants continue to crowd into the saturated .com space and pay high rates to secondary providers for .com names? If it is, then I guess we should continue to drag our heels with respect to new gTLDs, and thereby protect the market for incumbent players. If it is not, we should take further steps to open the market. cheers/Rick Rick Anderson EVP, Walton Global Investments Ltd randerson(a)WaltonGlobal.com cell (403) 830-1798 PS: Please note our updated corporate name and email address ________________________________ From: Michael Castello To: Rick Anderson Cc: sarah.b.deutsch(a)verizon.com ; pcorwin(a)butera-andrews.com ; mike(a)haven2.com ; jb7454(a)att.com ; randruff(a)rnapartners.com ; ffelman(a)markmonitor.com ; bc-gnso(a)icann.org Sent: Sun Jul 18 17:03:56 2010 Subject: Re: DRAFT BC Public Comments on DAGv4 Rick, Thanks for your comments. Ten years ago that might have been the case. Today the monopoly could be seen as Google. It is not Google's fault since many were using direct navigation in the early net but those that did not find tangible content searched for it. In doing so, search has dominated the way people navigate today. Having hundreds more gTLDs will only enhance that monopoly. Today anyone can register ANY gTLD and get high search ranking and relevance with the right kind of content and input. There is speculation in gold but in reality it is what people make gold out to be. Scarcity in itself creates worth ONLY to those that see the worth of its scarcity (;>. We have had many gTLDs since dot com but where did they go wrong? That is a matter of opinion since I know many that made millions from them. The ONLY difference is the worth that the global community places in them over time. As I said earlier, there will be great wealth in the short term exposure to the new gTLDs in sales. You have to get the public perception to buy into developing them in order for them to become a global brand. Those are two drastically differing returns. If you really want to make all navigation equal to everyone we could revert back to the IP system. Michael Castello CEO/President Castello Cities Internet Network, Inc. http://www.ccin.com michael(a)ccin.com<mailto:michael@ccin.com> -- Sunday, July 18, 2010, 1:28:36 PM, you wrote: Hi Michael. Not sure where I said .com should be undone, I agree it has been a success. What I say is that amidst the successful evolution of the domain name system we have also seen the (unintended) consequence of .com being so dominant as to be a near-monopoly. It will not always be this way, and it is in the community's interest to move more quickly than we have done to diversify domain name demand away from an over-concentration on .com. Because .com is still seen by so many as the only way to go, we have created the circumstances which have lead to speculation in .com names with most of the attractive names now registered, leading to an artificial scarcity of domain name real estate. But this is really just a perceptual scarcity, and a policy-induced one, not a real scarcity. The best way to eliminate that artificial scarcity, in my view, is through the creation of more real estate, as has been done with some success (but not yet enough) with ccTLDs . More gTLDs are part of the answer, this is a matter of basic market economics. cheers/Rick Rick Anderson EVP, Walton Global Investments Ltd randerson(a)WaltonGlobal.com cell (403) 830-1798 PS: Please note our updated corporate name and email address ________________________________ From: Michael Castello To: Rick Anderson Cc: sarah.b.deutsch(a)verizon.com ; pcorwin(a)butera-andrews.com ; mike(a)haven2.com ; jb7454(a)att.com ; randruff(a)rnapartners.com ; ffelman(a)markmonitor.com ; bc-gnso(a)icann.org Sent: Sun Jul 18 13:52:57 2010 Subject: Re: DRAFT BC Public Comments on DAGv4 Hello Rick, In all due respect your third reason absolutely floored me. The virtual world will be built by those that take the time, effort and sacrifice to do so. Dot com (commercial) was the only available gTLD to me and many others like me in 1994. It was what we had to build upon. ICANN does not determine what the public chooses or uses. The 1994 Internet, in my circles, was considered a fad. We could have simply used IPs to navigate and allowed search to do the workload. What had happened was actually quite beautiful. Average citizens could find a global distributional channel for ideas and products that used words to navigate. There was clarity in that a "word" with a dot com. It was understood as "the Internet". Dot com in itself became a brand. That was something the general public decided not the DNSO or ICANN. To purposely try to undo something that was natural will be futile in my opinion. There is a lot of growth in the name space for the global future. The new gTLDs will offer great wealth to those that sell, purchase and resell but it remains unseen if the global community chooses to "build upon" it. I personally think your intentions would have better served you unsaid. Michael Castello CEO/President Castello Cities Internet Network, Inc. http://www.ccin.com michael(a)ccin.com<mailto:michael@ccin.com> -- Sunday, July 18, 2010, 11:55:07 AM, you wrote: Sarah does a good job of identifying two of the three key drivers in the gTLD discussion, namely 1. The commercial interest of service providers and domain name investors in having access to a new universe of products to provide and-or invest in 2. The interest of trademark owners in not being subject to fresh new rounds of defensive registrations and trademark protection There is a third driver though, and it is the one which prompts BC members who are not in the domain business to support new gTLDs: 3. The need for the ICANN community to dissolve the perceptual and economic domination of .com in the domain space. To some of us, eliminating the .com dominance/monopoly is the single most important policy challenge facing ICANN. ICANN's practices and polices have had the (unintended) consequence of creating a near-monopoly, and an artificial scarcity of supply where none in fact exists, a near-monopoly and scarcity which distort prices and limit access. We need to fix that, and I at least have not yet heard a better way to do so than through multiplying TLDs. This is more than a debate between those with a commercial interest in the domain business vs those with a defensive interest in trademark protectionism cheers/Rick Rick Anderson EVP, Walton Global Investments Ltd randerson(a)WaltonGlobal.com cell (403) 830-1798 PS: Please note our updated corporate name and email address ________________________________ From: owner-bc-gnso(a)icann.org To: Phil Corwin ; michaelc(a)traveler.com ; mike(a)haven2.com Cc: jb7454(a)att.com ; randruff(a)rnapartners.com ; ffelman(a)markmonitor.com ; bc-GNSO(a)icann.org Sent: Sun Jul 18 11:41:13 2010 Subject: RE: Re[2]: [bc-gnso] DRAFT BC Public Comments on DAGv4 I'm not opposed to polling members on this issue. I can understand that many of Phil's members who are in the domain name business may see business opportunities from the introduction of new gTLDs. They and others who expressed concern do not own a well known brand or have widespread trademark infringement problems. Those who object have different business interests and protecting corporate brands and consumers in the new gTLD spaces is not on their list of priorities. I respect that. However, ICANN designated trademark protection as one of the overarching issues surrounding the rollout and pledged that these issues would be adequately addressed in the DAG. I'm not aware of any major brand owners, including the IPC members participating on the IRT, who are happy with the diluted trademark protections currently contained in DAG 4. I would hope even members without trademark concerns, should respect the interests of BC members who have such concerns and allow them to express those. Our BC GNSO councilors have consistently advocated for these protections on our behalf. The BC already submitted consistent comments in the past, including on DAG 3. Ron tried to keep much of the DAG 4 comments identical to the language to the DAG 3 draft. I'm sure Ron is open to receiving additional constructive edits on tone and substance (e.g., Mike R's helpful suggestion to delete reference to the GPML since that appears to be dead in the water). I'm hopeful that we can find a consructive way to move forward given the importance of this issue to so many BC members. We've heard from those raising concerns, but we've also heard from AT&T, News Corp, Mike Rodenbaugh, NetChoice, Verizon and RNA Partners weighing in supporting the comments. I would urge others to weigh in on this as well. Sarah Sarah B. Deutsch Vice President & Associate General Counsel Verizon Communications Phone: 703-351-3044 Fax: 703-351-3670 ________________________________ From: owner-bc-gnso(a)icann.org [mailto:owner-bc-gnso@icann.org] On Behalf Of Phil Corwin Sent: Saturday, July 17, 2010 9:48 PM To: 'michaelc(a)traveler.com'; 'mike(a)haven2.com' Cc: 'jb7454(a)att.com'; 'randruff(a)rnapartners.com'; 'ffelman(a)markmonitor.com'; 'bc-GNSO(a)icann.org' Subject: Re: Re[2]: [bc-gnso] DRAFT BC Public Comments on DAGv4 Given the diversity of opinion within the BC, as well as the fact that other members appear to have broader concerns than those I raised, I would again suggest that a poll should be taken of BC members to take the Constituency's temperature and determine if there is any consensus for the proposed position statement. Philip S. Corwin Partner, Butera & Andrews 1301 Pennsylvania Ave., NW Suite 500 Washington, DC 20004 2026635347/Office 2022556172/Cell "Luck is the residue of design." -- Branch Rickey From: Michael Castello [mailto:michaelc@traveler.com] Sent: Saturday, July 17, 2010 07:04 PM To: Mike O'Connor <mike(a)haven2.com> Cc: Phil Corwin; BRUEGGEMAN, JEFF (ATTSI) <jb7454(a)att.com>; Ron Andruff <randruff(a)rnapartners.com>; frederick felman <ffelman(a)markmonitor.com>; bc-GNSO(a)icann.org <bc-GNSO(a)icann.org> Subject: Re[2]: [bc-gnso] DRAFT BC Public Comments on DAGv4 I agree with both Phil and Mikey. There was certainly a lot of freedom early on with the internet and closing ranks on the concerns of trademark holders and new entities were, over time, clearly needed. The name space was allowed to flourish because it was so available to everyone. We need to make sure that these regulations, while needed, do not become too cumbersome to new participants. Everyone needs to be invited to the party. Michael Castello CEO/President Castello Cities Internet Network, Inc. http://www.ccin.com michael(a)ccin.com<mailto:michael@ccin.com> -- Saturday, July 17, 2010, 5:39:34 AM, you wrote: i am in Phil's camp on this. several years ago i started referring to myself as "a member of the business wing of the Business Constituency" just to make it clear that i'm not keen on our strident views with regard to rights protections and cyber-security. of course cyber-crime is important, but folks like Bruce Schneier make an extremely compelling case that there needs to be a culture of security in which all participants are active and aware rather than creating a culture of passive consumers being "protected" by ever-increasingly intrusive "authorities" like governments and ICANN. of course trademark violations are unacceptable -- but to make this our signature issue, to take our position beyond even those of the IPC, and leaving *small* business owners defenseless in the face of large corporate brand-owners, leaves me continuing to feel disenfranchised (much the way i feel disenfranchised by the extreme politics in my country -- where the heck do moderates hang out??). i would love to see the BC develop a positive message (based on positive positions) that truly reflect the needs of businesses large and small rather than recycling these views from our reactionary past. i would also love to get out of the continuing role of being an apologist for our somewhat quirky positions. haarrrumph! :-) so, just to be on record, i do not support these comments on DAGv4. sorry about the rant. thanks for taking the time to craft these notes Phil, mikey On Jul 16, 2010, at 7:11 PM, Phil Corwin wrote: Ron (and other BC members who contacted me to ask that I provide alternative URS language): I appreciate the request, as I appreciate the hard work put in by Ron and Sarah on the draft. That said, a few word changes will not suffice to alter ICA's dissent, as we have an entirely different perspective. We represent individuals and companies with substantial investments in domain portfolios. They view domains in the same way that most of you (and we) view trademarks -- as an intangible asset with substantial value. When a trademark rights protection is proposed it might be useful to ask whether you would be willing to have one of your trademarks suspended, or forfeited, on the basis of what is on the table. If not, then don't expect registrants to embrace it. In no way do we condone trademark infringement, but proposed responses to it need to assure basic due process. If a majority wills it then the BC is within its rights to proffer a reworking of the same positions it has articulated on prior occasions, and it should expect essentially the same results -- especially after BC members participated in an STI process that reworked the IRTrecommendations, and the STI's work was embraced by the GNSO and approved by the Board. If ICANN staff have significantly altered the STI's consensus recommendations then that certainly should be raised, but otherwise the rights protections for new gTLDs have been pretty much baked into the DAG. Does anyone really think they will be reopened in any significant way? As regards the specifics of the URS provision, we cannot agree that the URS should have the same substantive standard as the UDRP. The URS was proposed by the IRT as reserved for "obvious", "no brainer" rights disputes, and was originally proposed with a higher evidentiary standard to distinguish URS cases from UDRPs. We don't think the BC's credibility on trademark matters is enhanced when it consistently articulates a harder line than that of the IPC, which conceived of and oversaw the IRT. As for urging that the URS lead to a domain transfer and not just a suspension -- again, this goes beyond the IRT recommendation and would likewise blur the distinction between the URS and UDRP. Finally, we find the discussion of the "impact" test for a finding of RDNH in the URS to be confusing -- but we do believe that if a complainant advances deliberate falsehoods with the intent of having a favorable impact on its complaint then it is clearly guilty of attempting to abuse the available system. Beyond the URS, our only other comment on the rights protection language is to note our strong questioning of a TM Clearinghouse regime in which an "identical match" is defined as "typographical variations". Identical means identical, not variations. Variations to what degree? Having a trademark in one word doesn't provide a right to fire warning shots at tens of thousands of possible variants of that word, multiple degrees of separation away from it. If you're going to propose that variations be encompassed then it really is incumbent to articulate some defining limits on that notion - "we know it when we see it" is really not adequate assurance for registrants. And, of course, these issues become even more problematic for dictionary words that are trademarked for various purposes. Please let's remember that in most instances infringement can't just be determined by the name of a domain but requires a look at how it is being used. Finally, to note an area of agreement -- we share the concern that ICANN devotes inadequate resources to compliance, and indeed in Brussels we suggested publicly that it earmark a meaningful portion of revenues from new gTLD applications to that end. Summing up, we would have to oppose the URS regime that the majority of the BC seems to favor as providing inadequate assurance of due process to registrants, and we think the overall position on rights protection is backwards looking given that the STI train has left the station. Again, this does not mean we are unsympathetic to the concerns of rights holders. Throughout the past 18 months we have advocated comprehensive UDRP reform that would address the concerns of all parties across the entire gTLD space, and we continue to believe that a good faith collaboration could produce positive changes that could be put in place in tandem with the opening of new gTLDs. Regards to all, Philip Philip S. Corwin Partner Butera & Andrews 1301 Pennsylvania Ave., NW Suite 500 Washington, DC 20004 202-347-6875 (office) 202-347-6876 (fax) 202-255-6172 (cell) "Luck is the residue of design." -- Branch Rickey ________________________________ From: owner-bc-gnso(a)icann.org<mailto:owner-bc-gnso@icann.org> [owner-bc-gnso(a)icann.org] on behalf of BRUEGGEMAN, JEFF (ATTSI) [jb7454(a)att.com] Sent: Friday, July 16, 2010 3:36 PM To: Ron Andruff; frederick felman; bc-GNSO(a)icann.org<mailto:bc-GNSO@icann.org> Subject: RE: [bc-gnso] DRAFT BC Public Comments on DAGv4 Thanks Ron and Sarah. AT&T supports filing comments and I like how you've updated them. While I was not involved in the original BC comments, I would note that you could add a reference to the recommendation in the Economic Study that it may be wise for ICANC to continue its practice of introducing new gTLDs in discrete, limited rounds. Jeff Brueggeman AT&T Public Policy (202) 457-2064 From: owner-bc-gnso(a)icann.org<mailto:owner-bc-gnso@icann.org> [mailto:owner-bc-gnso@icann.org] On Behalf Of Ron Andruff Sent: Friday, July 16, 2010 12:34 PM To: 'frederick felman'; bc-GNSO(a)icann.org<mailto:bc-GNSO@icann.org> Subject: RE: [bc-gnso] DRAFT BC Public Comments on DAGv4 Thanks to Mark Monitor and AIM for your notes of support for the circulated draft. I encourage other members to give the doc a quick read. While it is several pages long, please note that it is the same document we submitted for DAGv3 so what we are asking is for you to review the redlines and give your comments/amendments. To that end, Phil Corwin, can you send your suggested URS text asap? Thanks again everyone for taking a moment to review the DAGv4 draft comments. RA Ronald N. Andruff President RNA Partners, Inc. 220 Fifth Avenue New York, New York 10001 + 1 212 481 2820 ext. 11 ________________________________ From: frederick felman [mailto:ffelman@markmonitor.com] Sent: Friday, July 16, 2010 12:21 PM To: Ron Andruff; bc-GNSO(a)icann.org<mailto:bc-GNSO@icann.org> Subject: Re: [bc-gnso] DRAFT BC Public Comments on DAGv4 Importance: High MarkMonitor support the BC comments to DAGv4. On 7/15/10 7:20 AM, "Ron Andruff" <randruff(a)rnapartners.com<https://exchange.sierracorporation.com/owa/UrlBlockedError.aspx>> wrote: Dear Members, Further to my reminder earlier this week regarding the need for a BC public comment on DAGv4, Sarah Deutsch and I have developed a draft for member review and comment. Effectively, we have taken the BC's DAGv3 comments and added/amended based on (1) staff having largely ignored our comments in DAGv2 and v3; and (2) utilized subsequent information that has come available in the interim (e.g., the latest economic study). FYI, Sarah drafted the RPM material and I took responsibility for the other elements. We ask that members review and comment on the document at your earliest convenience, so that we can meet the submission deadline of Wednesday, July 21st. Sorry for the late posting, but unfortunately with summer holidays and all, a few things are slipping between the cracks... Thanks in advance for your soonest input. Kind regards, RA Ronald N. Andruff President RNA Partners, Inc. 220 Fifth Avenue New York, New York 10001 + 1 212 481 2820 ext. 11 - - - - - - - - - phone 651-647-6109 fax 866-280-2356 web http://www.haven2.com handle OConnorStP (ID for public places like Twitter, Facebook, Google, etc.) This e-mail message and any attachments may contain confidential and/or privileged information intended only for the addressee. In the event this e-mail is sent to you in error, sender and sender's company do not waive confidentiality or privilege, and waiver may not be assumed. 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DRAFT BC Public Comments on DAGv4
by Ron Andruff July 19, 2010

July 19, 2010

Dear Members, Further to my reminder earlier this week regarding the need for a BC public comment on DAGv4, Sarah Deutsch and I have developed a draft for member review and comment. Effectively, we have taken the BC's DAGv3 comments and added/amended based on (1) staff having largely ignored our comments in DAGv2 and v3; and (2) utilized subsequent information that has come available in the interim (e.g., the latest economic study). FYI, Sarah drafted the RPM material and I took responsibility for the other elements. We ask that members review and comment on the document at your earliest convenience, so that we can meet the submission deadline of Wednesday, July 21st. Sorry for the late posting, but unfortunately with summer holidays and all, a few things are slipping between the cracks... Thanks in advance for your soonest input. Kind regards, RA Ronald N. Andruff President RNA Partners, Inc. 220 Fifth Avenue New York, New York 10001 + 1 212 481 2820 ext. 11

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Re: DRAFT BC Public Comments on DAGv4
by Michael Castello July 18, 2010

July 18, 2010

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