Thanks Steve - I support the reply.

Martin C SUTTON
Group Risk
Manager, Group Fraud Risk and Intelligence | HSBC HOLDINGS PLC HGHQ
Group Security & Fraud Risk
8 Canada Square,Canary Wharf,London,E14 5HQ,United Kingdom

________________________________________________________________ Phone +44 (0)20 7991 8074 / 7991 8074 Mobile +44 (0) 7774556680 Email martinsutton@hsbc.com ________________________________________________________________ Protect our environment - please only print this if you have to!

From:	Steve DelBianco <sdelbianco@netchoice.org>
To:	bc - GNSO list <bc-gnso@icann.org>
Date:	05/02/2013 03:22
Subject:	[bc-gnso] BC Reply Comment on Strawman proposal
Sent by:	owner-bc-gnso@icann.org

---

On 15-Jan, the BC filed substantive comments on the TM Clearinghouse Strawman solution. (link)

We did not anticipate needing to also file a "Reply" comment.  But the ExCom now believes we should file, since we heard last week about the CEO's wavering support for the Strawman proposal.

Feb 5 is deadline for "Reply" comments on this topic. So we are proposing a brief Reply comment summarizing comments filed and re-emphasizing key parts of our initial Strawman comments.

Below are DRAFT Reply Comments from the Business Constituency, regarding TM Clearinghouse Strawman Solution (link)

Of the 88 comments filed on the Strawman solution, 67 supported the Strawman solution and/or called for even stronger rights protection mechanisms, such as Limited Preventive Registrations (LPR).   In other words, 76 percent of commenters favor implementation changes such as advance Sunrise notice and enhanced TM claim notices.

Unsurprisingly, these supporting comments came from businesses that are negatively affected by having to purchase defensive registrations and engage in other expensive and often inadequate mechanisms to protect their consumers against confusion or outright fraud using second level domain names.  

While the BC does not believe that new gTLD operators will proactively solicit fraudulent registrations, we believe the comments submitted show that present anti-abuse mechanisms are simply inadequate.  That is why commenters from around the world have endorsed the minimal implementation improvements proposed in the Strawman.

The additional Strawman suggestion for Limited Preventive Registrations (LPR) also found wide support in comments filed.  We believe that LPR could be done as a matter of implementation.   But if ICANN determines that LPR is new policy, we believe that GNSO Council should embark on a fast-track policy development process (PDP).  The gNSO Council has in the past done at least one fast-track PDP, which entailed face-to-face working sessions and significant time commitment from Councilors.   ICANN should also commit to provide support for a fast track PDP, such as consulting services and travel funding for PDP participants.


Unless we see objections from at least four BC members, we will file the above comment before end of day tomorrow, 5-Feb-2013.

--
Steve DelBianco
Vice chair for policy coordination
Business Constituency






************************************************************
HSBC Holdings plc
Registered Office: 8 Canada Square, London E14 5HQ, United Kingdom
Registered in England number 617987
************************************************************
----------------------------------------- SAVE PAPER - THINK BEFORE YOU PRINT! This E-mail is confidential. It may also be legally privileged. If you are not the addressee you may not copy, forward, disclose or use any part of it. If you have received this message in error, please delete it and all copies from your system and notify the sender immediately by return E-mail. Internet communications cannot be guaranteed to be timely secure, error or virus-free. The sender does not accept liability for any errors or omissions.