I agree with George that at least some pieces of the IRT recommendations are clearly policy recommendations, and major ones at that -- and not mere technical implementation. The URS is certainly one of these. It might better be called the Uniform Rapid Suspension Policy, since it both overlaps with and supplements the Uniform Dispute Resolution POLICY. If the URS is adopted and ICANN is even half right about the number of new gTLDs to be applied for and created it would be a powerful policy in place at the majority of gTLDs. Regardless of one's position on the IRT recommendations, and on new gTLDs generally, it is very important that whatever is done proceed through proper procedures. The precedents set by this process will have repercussions for years. For example, the BC often has disputes with the Registry or Registrar Constituencies -- would we want ICANN to appoint one of them to form a "team" to propose "solutions" on some other matter and then have those adopted without GNSO consideration because they were characterized as Implementation rather than Policy work? Despite complaints that GNSO reform gives the contract parties too much power, at least that power is tempered by referral to the GNSO that gives other constituencies a chance to shape their proposals and the final result. Likewise, some take the view that certain IRT recommendations go beyond protecting existing trademark rights and establish new ones -- the Global Protected Marks List being the prime example. We can debate that matter, but does anyone really want ICANN acting as a legislature and creating rights in the DNS that are not firmly rooted in national law and international treaty? Overriding proper procedure to expedite certain results can set precedents that may be sorely regretted down the road. 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@icann.org [owner-bc-gnso@icann.org] On Behalf Of George Kirikos [icann@leap.com] Sent: Tuesday, June 02, 2009 8:51 PM To: BC gnso Subject: [bc-gnso] ICANN staff misuse the word "implementation" in order to avoid going through the GNSO for new policies Hi folks, During yesterday's Registration Abuse Policies working group, the issue of “policy” creation and how it should be done properly came up. http://forum.icann.org/lists/gnso-rap-dt/msg00206.html http://audio.icann.org/gnso/gnso-rap-20090601.mp3 Fast forward to 27:10 (27 minutes and 10 seconds) of the MP3 recording and listen to the next 2 minutes where I ask Margie Milam of ICANN a question about policy vs. implementation. At 27:24 or so she says the ICANN Bylaws *require* policy work to go through the GNSO. But, at 28:05 or so she says “The IRT work is *implementation work.*” !!! She dances around the issue for the next 40 seconds. Policies *need* to go through the GNSO. However, ICANN Staff are describing *all* the new gTLD stuff as *implementation*, even though they are definitely creating new policy. Furthermore, take a look at the IRT’s full name “Implementation Recommendation Team.” Once again, this is doublespeak by ICANN, a way to circumvent proper procedures. These recommendations *are policy* and should be going through the GNSO. That would have resulted in balanced work, instead of the abomination and extreme report we received. So, be watchful, as ICANN staff are mischaracterizing and deliberately calling things “implementation” in order to be able to do as much as possible in terms of policy creation in an unaccountable manner. Whether you're a supporter or an opponent of new gTLDs, whether you're a supporter or opponent of the IRT, this unaccountable behaviour of staff should be of concern, as it undermines the the role of the GNSO, and thus the role of the BC. I would hope this would be raised in the GNSO Council, as it is being neutered by staff and made more irrelevant day after day. Sincerely, George Kirikos 416-588-0269 http://www.leap.com/