BC Minority Position re STI Initial Report
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/>
Mike, Zahid, great work. I find this minority report both captures the position of my organisation of AIM and looks to be an acceptable compromise text for the BC. It clearly explains what we want, why the proposal is inadequate, and thus why we are not welcoming it with open arms, while making the best of what is there. A good job all round. The shorter version is helpful. (One typo in line 5 - will creates ) Philip
Mike, Thank you and Zahid for preparing the reports. I agree with statements put forward in the minority report and reflects the concerns with the proposed RPMs put forward by the ICANN Staff. Best regards, Martin 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 ________________________________________________________________ "Mike Rodenbaugh" <icann@rodenbaugh.com> Sent by: owner-bc-gnso@icann.org Dec 11 2009 15:17 Mail Size: 90434 Please respond to <icann@rodenbaugh.com> To <bc-gnso@icann.org> cc "'Margie Milam'" <Margie.Milam@icann.org> Subject [bc-gnso] BC Minority Position re STI Initial Report Entity HSBC Holdings plc - GMO 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) 738-8087 http://rodenbaugh.com [attachment "BC Minority Report v2.0.docx" deleted by Martin C SUTTON/GMO/HSBC] [attachment "BC Minority Report v1.0.docx" deleted by Martin C SUTTON/GMO/HSBC] ************************************************************ 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.
Zahid and Mike, I agree. This is a thoughtful and constructive statement, which accurately describes the remaining concerns with the Clearinghouse and URS, while at the same time, not objecting to the concepts as a whole. Best, Sarah Sarah B. Deutsch Vice President & Associate General Counsel Verizon Communications Phone: 703-351-3044 Fax: 703-351-3670 sarah.b.deutsch@verizon.com ________________________________ From: owner-bc-gnso@icann.org [mailto:owner-bc-gnso@icann.org] On Behalf Of martinsutton@hsbc.com Sent: Friday, December 11, 2009 10:52 AM To: icann@rodenbaugh.com Cc: bc-gnso@icann.org; 'Margie Milam'; owner-bc-gnso@icann.org Subject: Re: [bc-gnso] BC Minority Position re STI Initial Report Mike, Thank you and Zahid for preparing the reports. I agree with statements put forward in the minority report and reflects the concerns with the proposed RPMs put forward by the ICANN Staff. Best regards, Martin 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 <mailto:martinsutton@hsbc.com> ________________________________________________________________ "Mike Rodenbaugh" <icann@rodenbaugh.com> Sent by: owner-bc-gnso@icann.org Dec 11 2009 15:17 Mail Size: 90434 Please respond to <icann@rodenbaugh.com> To <bc-gnso@icann.org> cc "'Margie Milam'" <Margie.Milam@icann.org> Subject [bc-gnso] BC Minority Position re STI Initial Report Entity HSBC Holdings plc - GMO 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) 738-8087 <http://service.ringcentral.com/ringme/callback.asp?mbid=57178438,0,&ref erer=http://rodenbaugh.com/contact> http://rodenbaugh.com <http://rodenbaugh.com/> [attachment "BC Minority Report v2.0.docx" deleted by Martin C SUTTON/GMO/HSBC] [attachment "BC Minority Report v1.0.docx" deleted by Martin C SUTTON/GMO/HSBC] ************************************************************ 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.
Thanks to the members who have expressed views on this today. The final version submitted to the Council is attached. Support is noted from: Verizon, HSBC, Facebook, AIM, Infinity Portals, DNDRC, MCade, Rodenbaugh Law Dissent is noted from: ICA, O'Connor, Palage I hope other members please will continue to weigh in with their thoughts. 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-bc-gnso@icann.org [mailto:owner-bc-gnso@icann.org] On Behalf Of Deutsch, Sarah B Sent: Friday, December 11, 2009 8:12 AM To: martinsutton@hsbc.com; icann@rodenbaugh.com Cc: bc-gnso@icann.org; Margie Milam; owner-bc-gnso@icann.org Subject: RE: [bc-gnso] BC Minority Position re STI Initial Report Zahid and Mike, I agree. This is a thoughtful and constructive statement, which accurately describes the remaining concerns with the Clearinghouse and URS, while at the same time, not objecting to the concepts as a whole. Best, Sarah Sarah B. Deutsch Vice President & Associate General Counsel Verizon Communications Phone: 703-351-3044 Fax: 703-351-3670 sarah.b.deutsch@verizon.com _____ From: owner-bc-gnso@icann.org [mailto:owner-bc-gnso@icann.org] On Behalf Of martinsutton@hsbc.com Sent: Friday, December 11, 2009 10:52 AM To: icann@rodenbaugh.com Cc: bc-gnso@icann.org; 'Margie Milam'; owner-bc-gnso@icann.org Subject: Re: [bc-gnso] BC Minority Position re STI Initial Report Mike, Thank you and Zahid for preparing the reports. I agree with statements put forward in the minority report and reflects the concerns with the proposed RPMs put forward by the ICANN Staff. Best regards, Martin 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. <mailto:martinsutton@hsbc.com> martinsutton@hsbc.com ________________________________________________________________ "Mike Rodenbaugh" <icann@rodenbaugh.com> Sent by: owner-bc-gnso@icann.org Dec 11 2009 15:17 Mail Size: 90434 Please respond to <icann@rodenbaugh.com> To <bc-gnso@icann.org> cc "'Margie Milam'" <Margie.Milam@icann.org> Subject [bc-gnso] BC Minority Position re STI Initial Report Entity HSBC Holdings plc - GMO 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 <http://service.ringcentral.com/ringme/callback.asp?mbid=57178438,0,&referer =http://rodenbaugh.com/contact> (415) 738-8087 <http://rodenbaugh.com/> http://rodenbaugh.com [attachment "BC Minority Report v2.0.docx" deleted by Martin C SUTTON/GMO/HSBC] [attachment "BC Minority Report v1.0.docx" deleted by Martin C SUTTON/GMO/HSBC] ************************************************************ 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.
Have no substantive changes I would like to add. Wondering if line item comments would be useful to enable GNSO Councilors and the Board when reading to easily spot concerns side-by-side the STI recommendations. 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 <http://www.jamilandjamil.com/> www.jamilandjamil.com Notice / Disclaimer This message contains confidential information and its contents are being communicated only for the intended recipients . If you are not the intended recipient you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this message by mistake and delete it from your system. The contents above may contain/are the intellectual property of Jamil & Jamil, Barristers-at-Law, and constitute privileged information protected by attorney client privilege. The reproduction, publication, use, amendment, modification of any kind whatsoever of any part or parts (including photocopying or storing it in any medium by electronic means whether or not transiently or incidentally or some other use of this communication) without prior written permission and consent of Jamil & Jamil is prohibited. From: owner-bc-gnso@icann.org [mailto:owner-bc-gnso@icann.org] On Behalf Of Mike Rodenbaugh Sent: Friday, December 11, 2009 8:14 PM To: bc-gnso@icann.org Cc: 'Margie Milam' Subject: [bc-gnso] BC Minority Position re STI Initial Report 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/>
I support the BC Minority Position as attached with only one small edit. Page 2, What does a Match Mean? 2nd Sentence.... However, he STI recommends ß should it be the STI recommends? Berry A. Cobb Infinity Portals LLC 866.921.8891 From: owner-bc-gnso@icann.org [mailto:owner-bc-gnso@icann.org] On Behalf Of Mike Rodenbaugh Sent: Friday, December 11, 2009 07:14 To: bc-gnso@icann.org Cc: 'Margie Milam' Subject: [bc-gnso] BC Minority Position re STI Initial Report 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 Zahids 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/>
Wondering how soon we can send this to Margie. The STI report goes to Council any moment. 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: "Berry Cobb" <berrycobb@infinityportals.com> Date: Fri, 11 Dec 2009 08:14:09 To: <icann@rodenbaugh.com>; <bc-gnso@icann.org> Cc: 'Margie Milam'<Margie.Milam@icann.org> Subject: RE: [bc-gnso] BC Minority Position re STI Initial Report I support the BC Minority Position as attached with only one small edit. Page 2, What does a Match Mean? 2nd Sentence.... However, he STI recommends ß should it be “the STI recommends”? Berry A. Cobb Infinity Portals LLC 866.921.8891 From: owner-bc-gnso@icann.org [mailto:owner-bc-gnso@icann.org] On Behalf Of Mike Rodenbaugh Sent: Friday, December 11, 2009 07:14 To: bc-gnso@icann.org Cc: 'Margie Milam' Subject: [bc-gnso] BC Minority Position re STI Initial Report 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/>
While I generally support the Minority Report, I want to raise one item just for awareness and consideration. Re the suggestion on page one that the "costs of developing and operating the TMC must be borne by ICANN and its registries and registrars": I think that in the past that business has understood that there would also need to be a cost based fee that would be paid by trademark holders who decide to use the service. I think that we need to be pragmatic and realistic about recognizing that there will be a fee for trademark holders, and focus on making it 'cost based'. I agree that the TMC will also benefit registries, of course. The last sentence under Who Pays? does indicate that the costs would be shared. I think that we need to be very pragmatic about recognizing that costs have to be shared, but that the trademark fees must be "cost based" fees. I especially appreciate that the minority report makes it clear that defensive registrations remain a serious problem with the present lack of safeguards. typo: Under What does a Match mean? Second sentence, : However, the STI.... ... II. The URS I wonder if we might change the use of the term 'mean spirited'. Perhaps as business people, we might just say that the BC supports the ALAC representative's comments that object to 'forcing successful URS complainants... etc. I like the proposal for a feasibility study. We might want to make it clear that we consider this a 'fast track' feasibility study, so that it is not rejected out of hand as an effort to delay any progression on new gTLDs. Thanks for the hard work of the BC team. Marilyn Cade From: berrycobb@infinityportals.com To: icann@rodenbaugh.com; bc-gnso@icann.org CC: Margie.Milam@icann.org Subject: RE: [bc-gnso] BC Minority Position re STI Initial Report Date: Fri, 11 Dec 2009 08:14:09 -0800 I support the BC Minority Position as attached with only one small edit. Page 2, What does a Match Mean? 2nd Sentence.... However, he STI recommends ß should it be “the STI recommends”? Berry A. Cobb Infinity Portals LLC 866.921.8891 From: owner-bc-gnso@icann.org [mailto:owner-bc-gnso@icann.org] On Behalf Of Mike Rodenbaugh Sent: Friday, December 11, 2009 07:14 To: bc-gnso@icann.org Cc: 'Margie Milam' Subject: [bc-gnso] BC Minority Position re STI Initial Report 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) 738-8087 http://rodenbaugh.com
I agree with the current version of the Minority Report. I appreciate that you have softened the language opposing the Clearinghouse and clearly stated the issues we see with it. I have never agreed with the concept of the URS allowing for a transfer of the domain name but will not oppose that stance by the BC. Very much appreciate all the hard work that has gone into this report. It is obvious that a lot of hard work has gone into this. Best regards, Susan Kawaguchi Domain Name Manager Facebook Inc. 1601 S. California Avenue Palo Alto, CA Phone - 650 485-6064 Cell - 650 387 3904 NOTICE: This email (including any attachments) may contain information that is private, confidential, or protected by attorney-client or other privilege. Unless you are the intended recipient, you may not use, copy, or retransmit the email or its contents." From: owner-bc-gnso@icann.org [mailto:owner-bc-gnso@icann.org] On Behalf Of Mike Rodenbaugh Sent: Friday, December 11, 2009 7:14 AM To: bc-gnso@icann.org Cc: 'Margie Milam' Subject: [bc-gnso] BC Minority Position re STI Initial Report 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) 738-8087<http://service.ringcentral.com/ringme/callback.asp?mbid=57178438,0,&referer=...> http://rodenbaugh.com<http://rodenbaugh.com/>
participants (8)
-
Berry Cobb -
Deutsch, Sarah B -
Marilyn Cade -
martinsutton@hsbc.com -
Mike Rodenbaugh -
Philip Sheppard -
Susan Kawaguchi -
Zahid Jamil