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

BC Policy Calendar, for discussion on BC Conf Call Friday 10-Sep-2010
by Steve DelBianco 10 Nov '10

10 Nov '10

To: BC Members From: Steve DelBianco, vice chair for policy coordination The attached pdf is an updated policy calendar for discussion on Friday’s BC member call. Dial-in details will be sent separately. Highlighted item: there is a GNSO Council meeting tomorrow, and the relevant agenda items are described below. Upcoming discussions & votes at 8-Sep GNSO Council meeting: Full agenda and links at http://gnso.icann.org/meetings/agenda-council-08sep10-en.htm Item 2. Vote on GNSO endorsements for members of SSR & Whois review teams. CSG has endorsed BC members Jeff Brueggeman for SSR and Susan Kawaguchi for Whois. Discuss whether to add candidates to improve diversity; adding alternates. Vote on motion to endorse the GNSO slate Item 3. Vote on whether to proceed with Whois study #1. Registries have amended the motion drafted by the BC. Item 4. Vote on whether to submit the current Vertical Integration progress report to the Board for consideration at their 13-Sep retreat. Item 5. Discuss suggested improvements for Council meetings Item 6. Discuss Council interactions with the Board Item 7. Vote on motion to form a cross-community working group to provide guidance to ICANN new gTLD Implementation Team and ICANN Board, regarding TLD strings that contravene generally-accepted legal norms relating to morality and public order, as recognized under international principles of law. Item 8: Status of Continued Action Items Registration Abuse Policies WG Recommendations Action Plan Drafting team for draft DNS-CERT/SSR WG charter Standing committee to monitor GNSO Improvements implementation Prioritization of GNSO Projects

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BC and CSG working sessions and BC Meeting+ Oct 12, 2010
by Marilyn Cade 29 Sep '10

29 Sep '10

Dear BC members Please mark your calenders for a multi purpose day of events and sessions on October 12, with onsite in Washington, DC and remote participation provided by ICANN for all sessions, and transcription of all sessions. We realize many members cannot attend in person, so the meeting will be fully transcribed, and we will have good remote participation support. Agenda i. CSG Charter : 1.5 Hours Sarah Deutsch, BC ; IPC and ISPCP CSG reps; ICANN staff as presenters ii. Panel on Security, Stability and Resiliency: Business User leadership and key issues Informational Sessionw ith speakers from BC and key industry players ´(GUESTS WHO ARE POSSIBLE RECRUITS/RELEVANT COLLEAGUES FROM ISP-IPC CONSTITUENCIES) iii. Panel on Brands as new top level domain names Informational session: speakers from experts and key NGOs who hold well known brands (RELEVANT GUESTS FROM POSSIBLE RECRUITS-SPECIAL SPEAKERS FROM KEY NGOS WITH SHARED ISSUES AS SPEAKERS) ´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´´ iv. BC Members Meeting -- Hosted at Wilmer Hale Law Offices 8:15 -Continental Breakfast-Registration 8:30 a.m. Meeting opens +Chair Welcome-Overview +Discussion of Panels in a.m. RE reflecting into BC policy priorities overall - Co Moderated by Marilyn Cade and Steve DelBianco +Discussion of three to four key gTLD policy topics - Steve DelBianco, V.Chair, Policy Coordination (Steve will work with the full set of BC members engaged in the working groups to develop this fast paced update and discussion of current issues) +Update from GSNO Council provided by Councilors_Zahid Jamil and Mike Rodenbaugh +BC Charter updates driven by CSG and other Restructuring recommendations - CoModerated by Marilyn Cade and Chris Chaplow +update on Operations and Finance - Chris Chaplow, V.Chair, Operations and Finance - communications plan + presentation of prototype newsletter-initiative -Finance Committee + planning for Cartegeha - Marilyn Cade +NomComm overview - Chris Martin and Mike Roberts, appointees to NC from BC + Chair's Round UP 5:30 Meeting ends 6-7:30 p.m. Networking reception with USG, other industry BC candidates, guests BACKGROUND The CSG [Commercial Stakeholder Group] must update its charter in time to submit it before Cartegena meeting in December, and there are related updates which will affect the BC Charter. The BC also needs to critically examine its current policy prioritiesö look at the range of rapporteur reps, and plan for a challenging rest of year and early 2011. The BC will be holding elections in October for Councilor and confirming the V.Chair of Operations and Finance, and preparing for elections of officers in January for the four offices of Chair, V.Chair, Operations and Finance, V.Chair, Policy Coordination, and CSG Rep. A lot is happening at ICANN that has implications for the role of the business user community in guiding and influencing ICANN as an entity, as well as in gTLD policy. Policy decisions in the cc area and in related secuirity issues, which are broader than gTLD GNSO issues are also growing in importance to business. Accordingly, we will host a meeting, which will be anchored in Washington, D.C., but have remote participation supported by ICANN, for all BC members, on October 12. Many mambers have asked for more time to debate and dicuss business perspectives and policy topics, and like many other constituencies, we need to develop more discussion opportunities among our members. During this meeting, the V.Chair of Operations and Finance and BC colleagues working with him will also present a prototype of a BC communique. While we have added several new members since the new election of officers in 2010, supported by outreach by all of our active members, we need to do more outreach and recruitment. Therefore, the BC also will examine some emerging issues with some invited speakers in two one hour sessions, followed by a BC members discussion, which will include a discussion on the BC Charter changes which will be then formulated into a BC Charter's Update and circulated to the BC Membership for two rounds of comments, via email, and follow up conference call, later in October. All of these sessions will be transcribed. Decisions on the Charter for CSG and BC changes will not be made at the Oct. 12 meeting, but members input, which will include electronic comments or submissions by email will be gathered and incorporated into draft Charter for circulation. The two topics which will provide the emerging issues 'panels' are SSR -- Security, Stability and Resiliency, which will b a discussion with experts from both BC members and one or two industry wide experts The role and considerations of 'brands' TLDs, which will include two guests participants from NGO brands. Both of these sessions are to provoke exchange of views, information, and perspective.They will include invited guests from companies who the BC is interested in recruiting to membership. These sessions will be followed by a BC members only discussion about these topics and how they fit into the BC's mission and an examination of gTLD policy priorities and current activities, with a view to develop priorities for rest of year, and early 2011. [This session will be co-moderated by Marilyn Cade and Steve DelBianco] The outreach/recruitment/informational sessions are being planned by invited members to expand the role and involvement of our BC members. A panel description for each panel will be shared shortly. Chris Chaplow, V.Chair, Operations and Finance will also review a new communications pilot he has undertaken with the assistance of one of our members, John Berard. He will also introduce the new Finance subCommittee members Jon Nevett and Anders Halvorsen. NomComm Appointees Mike Roberts and Chris Martin are also invited to give a short overview of their expectations for the 2011 NomComm process and highlight the importance of early outreach via BC members to possible broader business candidates for the range of positions appointed by the NC. Finally, we will begin the effort to update the BC Charter by looking at the CSG Charter, and the output-recommendations that are'being approved from the Council accepting the recommendations of various restructuring committees with a briefing by ICANN staff, and then discuss the highlighted areas of possible enhancements to the BC Charter. (again, this is a briefing and overview discussion with online distribution fo charter changes. All decisions will be made after two rounds of email consultations to follow this briefing). The BC is a unique constituency and one that can significantly change its role in ICANN through increasing its focus on SSR and other issues that are now becoming a key concern, augmenting the present set of key concerns. We have added 11 new members since the new leadership was elected, and the members include several with a key expertise in SSR. ' Most other constituencies hold face to face meetings during the year, and we may work toward such an event for all BC members ion early 2011. For this upcoming meeting, we will focus on drawing those who can travel to Washington, DC for face to face, and work hard with ICANN on remote participation and transcription to make your investment of time well worthwhile. The fuller set of speakers for the two informational sessions is being finalized and will be distributed shortly. Marilyn Cade BC Chair

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Returning to neutral corners
by john＠crediblecontext.com 28 Sep '10

28 Sep '10

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.Continuing to Move New gTLDs Forward
by Marilyn Cade 27 Sep '10

27 Sep '10

Dear BC Members, In forwarding the following announcement to the BC list. I also take this opportunity to note that there will be a high interest within the BC and other constituencies to understand how certain issues have been addressed. Accordingly, I have contacted ICANN staff to ask about an update on the economic analysis, among other topics shown below in the Board's announcement and will update the BC list upon reaching staff. Marilyn Cade BC Chair > http://www.icann.org/en/announcements/announcement-26sep10-en.htm > > Continuing to Move New gTLDs Forward > > 26 September 2010 > > The ICANN Board met in Trondheim Norway on 24-25 September, focusing specifically on new gTLD issues. As ICANN completes preparations for expansion of the top-level domain space, the Board is working to ensure that key issues (including competition, consumer protection, security, stability and resiliency, malicious abuse issues, and rights protection) will be adequately addressed prior to implementation. > > The expansion of the top level domain space is intended to promote competition and consumer choice, and the work this week will ensure an effective application and evaluation process with safeguards to mitigate costs and risks. > > The detailed Board discussion was guided by recent community input and provided direction in the implementation of trademark protections, the new registry agreement terms, measures to mitigate malicious conduct, and ensuring root zone stability. The resolutions > http://www.icann.org/en/minutes/resolutions-25sep10-en.htm > indicate that many important issues have been addressed, including trademark protection, morality and public order, and vertical integration. > > Chairman Peter Dengate Thrush indicated that "The board made considerable progress on the remaining issues and has asked staff to prepare additional working papers and a modified applicant guidebook for public review prior to the upcoming ICANN meeting in Cartagena in December 2010. The meeting results represent a key milestone after years of work by the ICANN community as we prepare for community discussion and debate in Cartagena." > > Reviewing the Board direction, President and CEO Rod Beckstrom stated, "ICANN is prepared to implement this important new offering to increase consumer choice and to promote competition." > > >

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RE: [bc-gnso] CSG charter and knock-on effects to BC charter
by john＠crediblecontext.com 27 Sep '10

27 Sep '10

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Board on new TLDs
by Philip Sheppard 27 Sep '10

27 Sep '10

http://www.icann.org/en/announcements/announcement-26sep10-en.htm Philip

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SF here we come
by Chris Chaplow 26 Sep '10

26 Sep '10

Hi there, A lot of gTLD interest in Board retreat Minutes and. Resolved (2010.09.25.07), the Board approves San Francisco, California as the location of the ICANN 2011 North America Meeting to be held from 13-18 March 2011, with a budget not to exceed US$1.941M. 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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FW: ICANN Policy Update - September 2010
by Mike Rodenbaugh 24 Sep '10

24 Sep '10

Fyi the staff’s latest policy update, which is a very useful recap of ICANN policy development efforts. Mike Rodenbaugh RODENBAUGH LAW tel/fax: +1 (415) 738-8087 <http://rodenbaugh.com/> http://rodenbaugh.com From: ICANN Policy Update [mailto:policyupdate@icann.org] Sent: Thursday, September 23, 2010 4:24 PM To: icann(a)rodenbaugh.com Subject: ICANN Policy Update - September 2010 <http://www.icann.org/> ICANN Policy Update Internet Corporation for Assigned Names and Numbers http://www.icann.org/en/topics/policy/ Volume 10, Issue 9 – September 2010 _____ Contents Across ICANN 1. Issues <http://www.icann.org/en/topics/policy/update-sep10-en.htm#1> Currently Open for Public Comment ccNSO 2. ccNSO <http://www.icann.org/en/topics/policy/update-sep10-en.htm#2> Council Nominations Open 3. ccNSO <http://www.icann.org/en/topics/policy/update-sep10-en.htm#3> Members Appointed to Joint Security and Stability Analysis Charter Drafting Group 4. ccNSO <http://www.icann.org/en/topics/policy/update-sep10-en.htm#4> Realigns Strategic and Operational Planning Working Group Charter 5. Other <http://www.icann.org/en/topics/policy/update-sep10-en.htm#5> Issues Active in the ccNSO GNSO 6. Progress <http://www.icann.org/en/topics/policy/update-sep10-en.htm#6> Toward Consensus on Vertical Integration Slow Following Public Comment on Initial Report 7. GNSO <http://www.icann.org/en/topics/policy/update-sep10-en.htm#7> Council Approves Initiation of Whois Misuse Study – Other Clarifying Studies Budgeted 8. Inter-Registrar <http://www.icann.org/en/topics/policy/update-sep10-en.htm#8> Transfer Policy WG Absorbs Comments on Initial Report 9. GNSO <http://www.icann.org/en/topics/policy/update-sep10-en.htm#9> Council Addresses Recommendations in the Registration Abuse Policies Final Report 10. Post-Expiration <http://www.icann.org/en/topics/policy/update-sep10-en.htm#10> Domain Name Recovery WG Closes Public Comment Forum; Seeks Consensus 11. GNSO <http://www.icann.org/en/topics/policy/update-sep10-en.htm#11> Improvements: Council Approves New Operating Procedures for Council, Constituencies and Stakeholder Groups 12. Other <http://www.icann.org/en/topics/policy/update-sep10-en.htm#12> Issues Active in the GNSO ASO 13. Adoption <http://www.icann.org/en/topics/policy/update-sep10-en.htm#13> of Proposal for Recovered IPv4 Addresses Seems Imminent - in Two Flavors 14. Global <http://www.icann.org/en/topics/policy/update-sep10-en.htm#14> Policy Proposal on ASN Ratified by ICANN Board Joint Efforts 15. Issues <http://www.icann.org/en/topics/policy/update-sep10-en.htm#15> Open as Joint Efforts At-Large 16. At-Large <http://www.icann.org/en/topics/policy/update-sep10-en.htm#16> Attracts Globally Diverse Pool of Applicants for the ICANN Board 17. ALAC <http://www.icann.org/en/topics/policy/update-sep10-en.htm#17> and Nominating Committee Announce Delegates 18. At-Large <http://www.icann.org/en/topics/policy/update-sep10-en.htm#18> Community Teams Help Implement Improvement Recommendations SSAC 19. SSAC <http://www.icann.org/en/topics/policy/update-sep10-en.htm#19> to Advise on Protecting Domain Names This message was sent from ICANN Policy Update to icann(a)rodenbaugh.com. It was sent from: ICANN, 4676 Admiralty Way, Suite 330 , Marina del Rey, CA 90292-6601. You can modify/update your subscription via the link below. <http://www.icontact.com/a.pl/144186> Email Marketing by <http://www.icontact.com/a.pl/144186> iContact - Try It Free! <http://app.icontact.com/icp/static/images/icons/email_manage_subscription.p…> <http://app.icontact.com/icp/mmail-mprofile.pl?r=11033829&l=6333&s=PWHD&m=32…> Manage your subscription <http://click.icptrack.com/icp/track.php?msgid=323696&act=PWHD&r=11033829&c=…>

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Online Piracy and Domains
by Phil Corwin 22 Sep '10

22 Sep '10

The Senate Judiciary Committee is slated to consider legislation tomorrow, S. 3084, that would provide the U.S. Department of Justice with new tools against domains that intentionally distribute unauthorized copyrighted works or counterfeit trademarked goods. The bill was just introduced on Monday and there have been no hearings on it. ICA supports the purpose of the bill but has concerns about some aspects. We are speaking with Committee counsel and we are told that many other parties are as well. It is also my understanding that ICANN is reviewing the measure. I have posted the comment appearing below at http://www.internetcommerce.org/Online_Infringements_and_Counterfeits_Legis… . If you are involved with online payments processing, ISP services, or ad networks the bill would place requirements on you that may be problematic. Other BC members may want to consider whether the claim of extraterritorial jurisdiction for US law would be a good precedent, and whether enactment of the proposal as introduced would be a plus or minus for ICANN's long term independence. I hope you find this information useful. Best to all. Proposed Online Infringements and Counterfeits Legislation Targets Domains On September 20, 2010 Senate Judiciary Committee Chairman Patrick Leahy, joined by nine other Senators, introduced S. 3084, the "Combating Online Infringement and Counterfeits Act". If enacted, this proposal would expedite Department of Justice (DOJ) actions against domains that abet the sale or distribution of unauthorized copyrighted materials and counterfeit goods. It would also give U.S. law extraterritorial effect by requiring certain actions of third parties beyond ICANN-accredited registries and registrars. The ICA certainly supports effective efforts to curb the online piracy of copyrighted materials as well as the distribution of counterfeit goods. But we also have some specific and general concerns about the bill as introduced and intend to monitor its progress through the legislative process and work with lawmakers and other parties of interest to address those concerns. At the outset, it's important for domain investors and developers to understand that this is in no way a new version of the Snowe bill of several years ago, which would have set up a domain name trademark infringement regime in addition to and in conflict with the Anticybersquatting Consumer Protection Act (ACPA). S. 3084 focuses on the activities facilitated by domains, and not on the domain name itself. Further, the bill only authorizes actions by the Attorney General and creates no new private cause of action. Also, the seizure of domains involved in facilitating online intellectual property (IP) infringement is not unprecedented. The DOJ seized nine unauthorized movie streaming websites this spring. While S. 3084 would make such domain seizures/blockages a regular part of DOJ IP enforcement actions, to the extent that it sets forth statutory standards and requires judicial oversight that is probably a good thing. And, while the bill establishes in rem jurisdiction against websites, that precedent was established a decade ago by the ACPA. But there are certain aspects of the bill that raise legitimate concerns. Our review of its statutory language finds that it covers not just websites that directly infringe IP but also those that include "the provision of a link or aggregated links to other sites or Internet resources". While one hopes for prosecutorial discretion in utilizing such power, the linkage nexus could encompass both search engines and non-infringing websites that unintentionally provide 1-click access to infringing materials. The proposal also allows DOJ to establish a public list of domain names that it believes are "dedicated to infringing activities but for which the Attorney General has not filed an action". Various parties would be immunized from any negative actions they took against such a listed website absent any judicial review to prevent mistakes or abuse, and that seems like a highly questionable concept at odds with basic due process. In attempting to reach websites for which neither the registry or registrar is domiciled in the U.S., the proposal gives DOJ the authority to cause Internet Service Providers, financial transaction providers, and advertising networks to block access to and withdraw their services from such domains. This aspect of the bill may well be opposed. The banking industry, for one, did not like being "deputized" to withdraw payment services from Internet gambling websites and has been hoping to get that legislation repealed - a goal shared by House Financial Services Committee Chairman Barney Frank. The proposal also lacks any consideration of defensive factors such as notice and takedown policies to remove infringing materials and links - and such policies have provided shields for such services as Google and eBay in civil IP infringement litigation. Online fair use and civil liberties groups may well raise their own concerns. Public Knowledge, for example, has already issued a statement that reads in part: "The bill has some troubling political and technical implications, particularly as it attempts to extend U.S. control over the worldwide Internet addressing system. "Domestically, we are concerned that the bill would establish an Internet black list of sites that the Justice Department thinks are 'pirate' sites but against which it hasn't taken action. Putting an innocent site on this list could seriously harm the business of legitimate Web site operators. The remedies in the bill for those guilty until they prove themselves innocent are inadequate. "We are also concerned about some of the vague definitions of what constitutes an infringing site and of the level of proof needed. It's quite possible that this bill would have allowed entertainment companies to throttle YouTube at the beginning of its creation by alleging piracy and the young company would have been unable to defend itself." The likelihood of enactment in the few remaining days of the 111th Congress is exceedingly slim. That said, Chairman Leahy has added the bill to the Judiciary Committee's calendar for consideration on September 23rd - and we think that's a bad idea. Our experience is that no legislative proposal is perfect upon introduction and that proceeding in regular order, with hearings that allow for constructive input and subsequent amendment, is the sound way to create good law. Judiciary Committee rules allow for any member to object to a bill and automatically defer its consideration until the following business meeting and we would hope that option is exercised on this proposal. Aside from tightening the bill's language, any consideration of this measure should seriously consider some broader implications. These include whether U.S. actions against domains for which there is no domestic nexus will be cited as justification by foreign regimes that regularly block their citizens' access to websites that contain "subversive" speech and ideas. Further, will such U.S. assertions of extraterritorial authority against wholly foreign domains in any way undermine ICANN's legitimacy and thereby provide ammunition to those who seek to transfer ICANN's functions to the ITU or a similar body -- a development that would place DNS management solely in the hands of governments to the exclusion of business and civil society? The goals of this legislation are laudable. But when access to a website is blocked, or when it is deprived of critical payments and advertising services, the speech and commerce it facilitates are terminated. If mistakes are made the operators of such a blocked website may have been effectively denied the resources they need to obtain judicial redress. Congress needs to proceed deliberatively so that all relevant considerations are examined before a law this sweeping is enacted. 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

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FW: [hstld-ag] HSTLD RFI Published Today
by Mike Rodenbaugh 22 Sep '10

22 Sep '10

FYI today's posting from ICANN, which should be of relevance to many on this list. Questions or comments are encouraged, as ICANN continues to develop the framework for a "High Security TLD" designation. http://www.icann.org/en/announcements/announcement-22sep10-en.htm Mike Rodenbaugh RODENBAUGH LAW tel/fax: +1 (415) 738-8087 http://rodenbaugh.com <http://rodenbaugh.com/> From: hstld-ag-bounces(a)icann.org [mailto:hstld-ag-bounces@icann.org] On Behalf Of Craig Schwartz Sent: Wednesday, September 22, 2010 10:30 AM To: hstld-ag(a)icann.org Subject: [hstld-ag] HSTLD RFI Published Today Dear AG Members, The Request for Information that you worked so diligently to develop was posted today on ICANN's website at http://www.icann.org/en/announcements/announcement-22sep10-en.htm. The response period runs through 21 October 2010, and you are encouraged to share this with any organization that might be a potential responder. Once the response period has closed and there is information to share, I'll be back in touch to schedule a conference call to discuss the results of the RFI. Best, Craig Schwartz Chief gTLD Registry Liaison ICANN

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