February 2008 - council - lists.icann.org

RE: Tim's response regarding the third amendment
by Tim Ruiz Feb. 13, 2008

Feb. 13, 2008

Perhaps the issue is that the response needs to clarify between the fast track and the issues for the PDP. For the fast track, one per entry for which an IANA delegation exists, and a different response for the PDP input. Tim -------- Original Message -------- Subject: Tim's response regarding the third amendment From: Tim Ruiz <tim(a)godaddy.com> Date: Tue, February 12, 2008 9:48 pm To: 'Council GNSO' <council(a)gnso.icann.org> I thought this was supposed to be an interim solution. A fast track for existing ccTLDs. Agreeing to one so-called IDN ccTLD per 3166-1 entry, for which an IANA delegation exists, is very generous. Any others should wait for whatever PDP ensues to resolve it further. Tim

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Domain Tasting ad hoc group
by Mike Rodenbaugh Feb. 13, 2008

Feb. 13, 2008

As a matter of fact, the group I chaired had many members that are not Councilors, and was open to anyone. Please see page 33 (Annex 1) of the report. Annex 1 - Subscribers to the DT list The following individuals were signed up to the mailing list [gnso-dt-wg] of the DT ad hoc group: ALAC: Alan Greenberg CBUC: Marilyn Cade, Sarah Deutsch, Phil Lodico, Mike O'Connor, Mike Rodenbaugh ISPCP: Greg Ruth IPC: Kristina Rosette, David Steele, Patrick Cain, Laura Mather Nominating Committee appointees to GNSO Council: Sophia Bekele, Avri Doria NCUC: Danny Younger Registrar C: Francesco Cetraro, Mason Cole, Robert Connelly, Paul Diaz, Jeff Eckhaus, Jothan Frakes, Seth Jacoby, John Kane, Adrian Kinderis, Peter Lamson, Margie Milam, Bill Mushkin, Jon Nevett, Tim Ruiz, Paul Stahura, Peter Stevenson, Ricardo Vaz Monteiro, Jay Westerdal gTLD Registry C: Caroline Greer, Chuck Gomes, David Maher, Ram Mohan, Jeff Neuman Observers: Rod Rasmussen - APWG ICANN staff: Patrick Jones, Tim Cole, Olof Nordling, Karen Lentz, Kurt Pritz, Denise Michel, Glen de Saint-Géry Thanks, Mike

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RyC Statement on GNSO Reform
by Edmon Chung Feb. 13, 2008

Feb. 13, 2008

The attached was read earlier at the Council meeting. begin 666 GNSO Improvements Support from the RyC - 12 Feb - Final.doc MT,\1X*&Q&N$`````````````````````/@`#`/[_"0`&```````````````! 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1 0

BC statement on reform
by philip.sheppard＠aim.be Feb. 13, 2008

Feb. 13, 2008

BC statement. Re send in earlier Word format. Apologies for earlier version. Philip

1 0

IPC statement on GNSO Reform
by Rosette, Kristina Feb. 13, 2008

Feb. 13, 2008

Avri, I would appreciate it if you would read this statement. 1. The IPC was disappointed by some aspects of the final report of the Board Governance Committee WG re GNSO reform. IPC had provided extensive comments on the draft report in November, which included our reasons why consideration of the drastic restructuring of the Council proposed by the draft report should be postponed until after a number of other recommendations had been implemented. We also made some specific suggestions regarding alternatives to the re-structuring proposed in the draft report. The final report, issued just before this meeting began, does not provide any indication that these views were considered. Of course we will continue to review the final report and plan to provide comments on it. 2. Here in New Delhi there have been a number of discussions with our colleagues in other constituencies concerning preparation of an alternative proposal to the Council restructuring proposal in the BGC-WG final report. We intend to continue these discussions on an intensive basis with the goal of joining in a comprehensive and concrete proposal in the near future and prior to the Paris meeting. The "tripartite" proposal put forward by a member of the business constituency will be given serious consideration in that process, although we have already identified some concerns with it. We plan to contribute our own ideas to this process. 3. The issue of the extent to which ICANN is fulfilling the often-stated goal of private sector leadership in the management of the domain name and addressing system will be a topic of considerable discussion in the context of the mid-term review of the Joint Project Agreement by the Department of Commerce. Review of the Board Governance Committee's proposed restructuring will - quite properly -- take place in that context. That proposal is widely viewed as diminishing the role of the private sector interests in the ICANN process, at least those private sector interests that may be greatly affected by ICANN decisions but that are not dependent upon ICANN (through contractual relationships) as the basis for their business. We hope that the Board, in considering the BGC proposal and any alternatives, will take that perspective seriously, and that its ultimate decision will concretely demonstrate its commitment to the concept of private sector leadership. Thanks. Best, K

1 0

Clarification on the Tasting motion
by Tim Ruiz Feb. 13, 2008

Feb. 13, 2008

At least two of the drafting team members said that they still needed to get feedback from their constituencies on the motion. There really hasn't been much time for that, and discussions among the registrars so far resulted in a number of concerns being raised. We'd at least like time to address those before moving forward with any motion. Tim Ruiz Vice President Corp. Development & Policy The Go Daddy Group, Inc. Direct: 319-329-9804 Fax: 480-247-4516 tim(a)godaddy.com How am I doing? Please contact my direct supervisor at president(a)godaddy.com with any feedback. This email message and any attachments hereto is intended for use only by the addressee(s) named herein and may contain confidential information. If you have received this email in error, please immediately notify the sender and permanently delete the original and any copy of this message and its attachments.

3 2

RE: [council] I AM SO ANGRY ABOUT THE ABYSMAL REMOTE PARTICIPATION THAT I CAN BARELY SEE STRAIGHT
by Tim Ruiz Feb. 13, 2008

Feb. 13, 2008

We keep getting told that. It is better, only every third word is getting dropped. Tim -------- Original Message -------- Subject: RE: [council] I AM SO ANGRY ABOUT THE ABYSMAL REMOTE PARTICIPATION THAT I CAN BARELY SEE STRAIGHT From: "Gomes, Chuck" <cgomes(a)verisign.com> Date: Tue, February 12, 2008 11:24 pm To: "Rosette, Kristina" <krosette(a)cov.com>, <COUNCIL(a)gnso.icann.org>, "Rodin, Rita A" <Rita.Rodin(a)skadden.com> Glen just informed me that the phone should be working. Chuck From: owner-council(a)gnso.icann.org [mailto:owner-council@gnso.icann.org] On Behalf Of Rosette, Kristina Sent: Wednesday, February 13, 2008 12:07 AM To: COUNCIL(a)gnso.icann.org Subject: [council] I AM SO ANGRY ABOUT THE ABYSMAL REMOTE PARTICIPATION THAT I CAN BARELY SEE STRAIGHT THIS IS INEXCUSABLE. IF ICANN IS GOING TO HAVE MEETINGS THAT REQUIRE THOUSANDS OF DOLLARS IN EXPENDITURES TO ATTEND, YOU SHOULD MAKE DARN SURE THAT REMOTE PARTICIPATION IS POSSIBLE - LET ALONE EFFECTIVE!!!!!!!!!!!!!!!!!!!!!!

1 0

Comment on the tasting discussion (probably belated)
by Tim Ruiz Feb. 13, 2008

Feb. 13, 2008

Regarding Jeff's comments on the ICANN fee, without it the largest of the tasting activity, in .com, will continue. I appreciate the work that Neustar and Afilias have done regarding their funnel requests and have supported them, but so far there is no indication that Verisign intends to follow their lead. Regarding the motion, and even though I was on the design team, the feedback we've received from our constituency indicates that more time and work is needed. And finally, although a little off topic, we need to do some serious work on viable and consistent tools for remote participation in these meetings. Tim

1 0

I AM SO ANGRY ABOUT THE ABYSMAL REMOTE PARTICIPATION THAT I CAN BARELY SEE STRAIGHT
by Rosette, Kristina Feb. 13, 2008

Feb. 13, 2008

THIS IS INEXCUSABLE. IF ICANN IS GOING TO HAVE MEETINGS THAT REQUIRE THOUSANDS OF DOLLARS IN EXPENDITURES TO ATTEND, YOU SHOULD MAKE DARN SURE THAT REMOTE PARTICIPATION IS POSSIBLE - LET ALONE EFFECTIVE!!!!!!!!!!!!!!!!!!!!!!

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Presentations on AGP and domain tasting proposals
by Adrian Kinderis Feb. 13, 2008

Feb. 13, 2008

All, Please find attached the two presentations we discussed in the Registrar Constituency yesterday. I hopes this helps the Council (and subsequent Constituencies) to better understand the AGP and Domain Tasting. Regards, Adrian Kinderis Managing Director AusRegistry Group Pty Ltd Level 8, 10 Queens Road Melbourne. Victoria Australia. 3004 Ph: +61 3 9866 3710 Fax: +61 3 9866 1970 Email: adrian(a)ausregistry.com Web: www.ausregistrygroup.com The information contained in this communication is intended for the named recipients only. It is subject to copyright and may contain legally privileged and confidential information and if you are not an intended recipient you must not use, copy, distribute or take any action in reliance on it. If you have received this communication in error, please delete all copies from your system and notify us immediately.

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RE: [council] You can't hear us anymore
by Tim Ruiz Feb. 13, 2008

Feb. 13, 2008

I have also lost the Webcast now. Tim -------- Original Message -------- Subject: [council] You can't hear us anymore From: "Rosette, Kristina" <krosette(a)cov.com> Date: Tue, February 12, 2008 10:55 pm To: <council(a)gnso.icann.org>

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Regarding Board motion on tasting
by Bruce Tonkin Feb. 13, 2008

Feb. 13, 2008

Hello All, Just to be clear the Board has not "decided" to introduce the fee, but the Board has asked it to be considered in the budget process. There is a whole process around approving the budget, and the staff are seeking public input on the budget. The registrars also need to approve the method of charging so they can be invoiced directly by ICANN, rather than ICANN charging fees to registries instead. So there are a few steps - and I would expect that registrars and registries may provide further feedback on the budget process. "THEREFORE, the Board resolves (2008.01.04) to encourage ICANN's budgetary process to include fees for all domains added, including domains added during the AGP, and encourages community discussion involved in developing the ICANN budget, subject to both Board approval and registrar approval of this fee. " Regards, Bruce Tonkin

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You can't hear us anymore
by Rosette, Kristina Feb. 13, 2008

Feb. 13, 2008

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FW: [ccnso-idncctld] IDNC meeting time & room Thursday 14th
by Edmon Chung Feb. 13, 2008

Feb. 13, 2008

From: owner-ccnso-idncctld(a)icann.org [mailto:owner-ccnso-idncctld@icann.org] On Behalf Of Gabriella Schittek Sent: Wednesday, February 13, 2008 12:48 PM To: ccnso-idncctld(a)icann.org Subject: [ccnso-idncctld] IDNC meeting time & room Thursday 14th Dear all, The next IDNC WG meeting will take place on Thursday 14th, from 14.00 – 16.00 in the Sheesh Mahal room. Thanks, Gabi ---------- Gabriella Schittek ccNSO Secretariat gabriella.schittek(a)icann.org

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RE: [council] Conference is up but barely understandable...
by Tim Ruiz Feb. 13, 2008

Feb. 13, 2008

Cyril, go to this link: http://delhi.icann.org/event/2008/02/13/day/all/all/1 Then click on the heading in the first box on that page that says "Open GNSO Council Meeting." Tim -------- Original Message -------- Subject: Re: [council] Conference is up but barely understandable... From: cyrilchua(a)atmdlaw.com.sg Date: Tue, February 12, 2008 10:42 pm To: Tim Ruiz <tim(a)godaddy.com> Cc: "'Council GNSO'" <council(a)gnso.icann.org>, owner-council(a)gnso.icann.org Tim, would you be able to send me the link to the transcript? Avri's voice was terribly distorted at my end. Tim Ruiz <tim(a)godaddy.com> Sent by: To owner-council@gns "'Council GNSO'" o.icann.org <council(a)gnso.icann.org> cc 13/02/2008 12:38 Subject PM [council] Conference is up but barely understandable... Please respond to Tim Ruiz <tim(a)godaddy.com> ...I am continuing to use the Webcast as a result Tim Ruiz Vice President Corp. Development & Policy The Go Daddy Group, Inc. Direct: 319-329-9804 Fax: 480-247-4516 tim(a)godaddy.com How am I doing? Please contact my direct supervisor at president(a)godaddy.com with any feedback. This email message and any attachments hereto is intended for use only by the addressee(s) named herein and may contain confidential information. If you have received this email in error, please immediately notify the sender and permanently delete the original and any copy of this message and its attachments.

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Conference is up but barely understandable...
by Tim Ruiz Feb. 13, 2008

Feb. 13, 2008

...I am continuing to use the Webcast as a result Tim Ruiz Vice President Corp. Development & Policy The Go Daddy Group, Inc. Direct: 319-329-9804 Fax: 480-247-4516 tim(a)godaddy.com How am I doing? Please contact my direct supervisor at president(a)godaddy.com with any feedback. This email message and any attachments hereto is intended for use only by the addressee(s) named herein and may contain confidential information. If you have received this email in error, please immediately notify the sender and permanently delete the original and any copy of this message and its attachments.

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Re: [council] Response to ccNSO/GAC Issues report
by cyrilchua＠atmdlaw.com.sg Feb. 13, 2008

Feb. 13, 2008

Hi Avri We need to maintain the consistency because we do not want similar factual disputes having different outcomes in gTLD and ccTLD. Kind regards, Cyril Chua Partner IP & Technology Group -------- Alban Tay Mahtani & de Silva LLP 39 Robinson Road #07-01, Robinson Point, Singapore 068911 Tel: (65) 6534 5266 / Fax: (65) 6223 8762 / DID: (65) 6428 9812 http://www.atmdlaw.com.sg -------- ALBAN TAY MAHTANI & DE SILVA LLP < This message (including attachments) contains privileged and confidential information. If you are not the intended recipient, you are not to take any action in reliance on it nor to disseminate, distribute, publish or copy this message. If you have received this message in error, please accept our apologies, delete all copies from your system and notify us at mail(a)atmdlaw.com.sg. Unless it relates to the official business of ATMD, any opinions or matters expressed in this message are those of the individual sender. > ----- Original Message ----- From: Avri Doria [avri(a)psg.com] Sent: 02/12/2008 05:41 PM ZE5B To: Council GNSO <council(a)gnso.icann.org> Subject: Re: [council] Response to ccNSO/GAC Issues report Hi, While it would be inconsistent with the new gTLD policy recommendations, I don't know if there is a necessity for consistency in this case as we are dealing with ccTLDs not gTLDs and we are dealing with significant expressions of a countries name or identity. So the conditions might be different. In terms of the statement I am not sure I know what Technical confusion is any more then I really understood what confusingly similar was. Are we saying it should not be visually or homographically similar,? I also wonder if there is another problem in this one. The name of a country in various representations will be similar to the name of the country in another representation - but in a sense that seems appropriate and not a problem. a. On 12 Feb 2008, at 16:28, Gomes, Chuck wrote: > That would be inconsistent with the recommendations made for new > gTLDs. We can't go back now and change what we already did. > > Chuck > > From: owner-council(a)gnso.icann.org [mailto:owner-council@gnso.icann.org > ] On Behalf Of Robin Gross > Sent: Tuesday, February 12, 2008 5:53 AM > To: Avri Doria > Cc: Council GNSO > Subject: Re: [council] Response to ccNSO/GAC Issues report > > How about: > "Strings that cause technical confusion should be avoided." > > Thanks, > Robin > > > On Feb 12, 2008, at 1:43 AM, Avri Doria wrote: > >> >> >> On 12 Feb 2008, at 14:29, Robin Gross wrote: >> >>> >>> **** THEREFORE, I propose that we amend our statement, so that >>> only "technical confusion" is the type of confusion that we deal >>> with. Otherwise, not only are we in contrast with legal norms, >>> we are also outside the scope of ICANN's authority. >> >> >> Can you suggest the exact wording change you are proposing? >> >> As with other suggested changes, I believe we can make if there are >> no objections. >> On the other hand, if there are objections, we may need to vote on >> this amendment before voting on the response itself. >> >> thanks >> >> a. >> > > > > > IP JUSTICE > Robin Gross, Executive Director > 1192 Haight Street, San Francisco, CA 94117 USA > p: +1-415-553-6261 f: +1-415-462-6451 > w: http://www.ipjustice.org e: robin(a)ipjustice.org > > >

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Tim's response regarding the third amendment
by Tim Ruiz Feb. 13, 2008

Feb. 13, 2008

I thought this was supposed to be an interim solution. A fast track for existing ccTLDs. Agreeing to one so-called IDN ccTLD per 3166-1 entry, for which an IANA delegation exists, is very generous. Any others should wait for whatever PDP ensues to resolve it further. Tim

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RE: [council] #9 of Response to ccNSO/GAC Issues report
by Tim Ruiz Feb. 13, 2008

Feb. 13, 2008

The problem is that Government Policy changes. We should stick to one per 3166-1 entry. Tim -------- Original Message -------- Subject: RE: [council] #9 of Response to ccNSO/GAC Issues report From: "Edmon Chung" <edmon(a)dotasia.org> Date: Tue, February 12, 2008 8:46 pm To: "'Tim Ruiz'" <tim(a)godaddy.com>, "'Avri Doria'" <avri(a)psg.com> Cc: "'Council GNSO'" <council(a)gnso.icann.org> Hi Tim, I am also concerned with the spawning of IDN ccTLDs, but I think it is prudent also to look at a reasonable approach for the cc side as well. I have already added in the part "AND governmental policy makes selecting a single string inappropriate", which I think provides adequate safe guard against the volume of TLDs. Also, this update actually does not change the general concept in the body of the document that already says: "These should be limited to one IDN ccTLD per ISO 3166-1country or territory, except in those cases where governmental policy makes selecting a single script impossible." Perhaps a slight tweak to make it a different sentence maybe better?: 9. There should be only one IDN ccTLD string per ISO 3166-1 entry per relevant script. Measures must be taken to limit confusion and collisions due to variants. Where one script is used for multiple languages and governmental policy makes selecting a single string in appropriate, one IDN ccTLD string per ISO 3166-1 entry per language may be considered. Edmon > -----Original Message----- > From: owner-council(a)gnso.icann.org [mailto:owner-council@gnso.icann.org] On > Behalf Of Tim Ruiz > Sent: Wednesday, February 13, 2008 9:21 AM > To: Avri Doria > Cc: 'Council GNSO'; Edmon Chung > Subject: RE: [council] #9 of Response to ccNSO/GAC Issues report > > > I don't agree with this change. This is the slippery slope I am > concerned about. We started talking about one so-called IDN ccTLD per > ISO 3166-1 entry, now we're opening it up to any number. So India could > get 20 or so based on this new language? I am amazed that the registries > have agreed to this. > > > Tim > > -------- Original Message -------- > Subject: Re: [council] #9 of Response to ccNSO/GAC Issues report > From: Avri Doria <avri(a)psg.com> > Date: Tue, February 12, 2008 7:03 pm > To: Edmon Chung <edmon(a)dotasia.org> > Cc: "'Council GNSO'" <council(a)gnso.icann.org> > > > Hi, > > I agree that this is a good change. I was working on something > similar myself and this this is better wording then what I was coming > up with. > > thanks > > a. > > On 13 Feb 2008, at 01:17, Edmon Chung wrote: > > > > > fter some discussion at the Registries Constituency today, would > > like to make > > the following suggested edits to #9. > > > > The current wording: > > > > 9. There should be only one IDN ccTLD string per ISO 3166-1 entry per > > relevant script. Measures must be taken to limit confusion and > > collisions due > > to variants. > > > > > > Suggested edit: > > > > 9. There should be only one IDN ccTLD string per ISO 3166-1 entry per > > relevant script, except in those cases where one script is used for > > multiple > > languages and governmental policy makes selecting a single string > > inappropriate. Measures must be taken to limit confusion and > > collisions due to > > variants. > > > > > > The rationale for the edit is to provide for the situation is for > > example in > > India where one script is used for multiple languages and the > > representation > > of "india" in those different languages using the same script may be > > different. > > > > We would have to make a change to the main body as well, mainly with > > regards > > to the response to: > > a) Should there similarly be only a single IDN ccTLD for a given > > script for > > each !%territory!& or can there be multiple IDN ccTLD strings? For > > example, > > should there be only one equivalent of .cn in Chinese script for > > China or .ru > > in Cyrillic for Russia? > > Proposed GNSO response: Yes, the GNSO believes that there should be > > only one > > string per ISO 3166-1 entry per relevant script. > > > > > > Suggested change to the proposed response: > > > > Yes, the GNSO believes that there should be only one string per ISO > > 3166-1 > > entry per relevant script., except in those cases where one script > > is used for > > multiple languages and governmental policy makes selecting a single > > string > > inappropriate. Measures must be taken to limit confusion and > > collisions due to > > variants. > > > > > > Edmon > > > > > > > > > > > > > > > > > > > > > > >

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We can't hear you!
by Rosette, Kristina Feb. 13, 2008

Feb. 13, 2008

Kristina, Rita, Tim, Tom & Cyril

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RE: [council] #9 of Response to ccNSO/GAC Issues report
by Tim Ruiz Feb. 13, 2008

Feb. 13, 2008

I don't agree with this change. This is the slippery slope I am concerned about. We started talking about one so-called IDN ccTLD per ISO 3166-1 entry, now we're opening it up to any number. So India could get 20 or so based on this new language? I am amazed that the registries have agreed to this. Tim -------- Original Message -------- Subject: Re: [council] #9 of Response to ccNSO/GAC Issues report From: Avri Doria <avri(a)psg.com> Date: Tue, February 12, 2008 7:03 pm To: Edmon Chung <edmon(a)dotasia.org> Cc: "'Council GNSO'" <council(a)gnso.icann.org> Hi, I agree that this is a good change. I was working on something similar myself and this this is better wording then what I was coming up with. thanks a. On 13 Feb 2008, at 01:17, Edmon Chung wrote: > > fter some discussion at the Registries Constituency today, would > like to make > the following suggested edits to #9. > > The current wording: > > 9. There should be only one IDN ccTLD string per ISO 3166-1 entry per > relevant script. Measures must be taken to limit confusion and > collisions due > to variants. > > > Suggested edit: > > 9. There should be only one IDN ccTLD string per ISO 3166-1 entry per > relevant script, except in those cases where one script is used for > multiple > languages and governmental policy makes selecting a single string > inappropriate. Measures must be taken to limit confusion and > collisions due to > variants. > > > The rationale for the edit is to provide for the situation is for > example in > India where one script is used for multiple languages and the > representation > of "india" in those different languages using the same script may be > different. > > We would have to make a change to the main body as well, mainly with > regards > to the response to: > a) Should there similarly be only a single IDN ccTLD for a given > script for > each ��territory�� or can there be multiple IDN ccTLD strings? For > example, > should there be only one equivalent of .cn in Chinese script for > China or .ru > in Cyrillic for Russia? > Proposed GNSO response: Yes, the GNSO believes that there should be > only one > string per ISO 3166-1 entry per relevant script. > > > Suggested change to the proposed response: > > Yes, the GNSO believes that there should be only one string per ISO > 3166-1 > entry per relevant script., except in those cases where one script > is used for > multiple languages and governmental policy makes selecting a single > string > inappropriate. Measures must be taken to limit confusion and > collisions due to > variants. > > > Edmon > > > > > > > > > > >

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Updated interest statement of Tim Ruiz
by Tim Ruiz Feb. 13, 2008

Feb. 13, 2008

I am Vice President of Corporate Development and Policy for The Go Daddy Group, Inc. The Go Daddy Group companies include eight ICANN accredited registrars including GoDaddy.com, Inc. GoDaddy.com is a member of the Registrars Constituency of the GNSO and I am its Registered Representative. GoDaddy.com is a member of the dotMOBI Advisory Group (MAG). I represent GoDaddy.com on the MAG. I am on the MAG Steering Committee and have been appointed by the Steering Committee to represent the MAG on the dotMOBI Policy Advisory Board (PAB). The MAG and PAB, among other activities, are involved in recommending policy to mTLD, the dotMOBI Registry Operator. GoDaddy.com recently acquired a small interest in Afilias Limited for investment purposes. GoDaddy.com and Afilias USA recently formed a joint venture dba Alliance Registry, in which Afilias USA is the managing member and assumes authority and responsibility for all day-to-day registry operations. Go Daddy and Afilias also recently formed a joint venture with MEnet, a Montenegrin company. That joint venture, doMEn doo, was selected by the Government of Montenegro as the Registration Agent for the .me ccTLD. I currently represent Go Daddy on the Board of doMEn. GoDaddy.com is also a member of the United States Council for International Business (USCIB). The USCIB is a member of the Business Constituency of the GNSO. Our primary interest in the USCIB is the DNS and Internet Identifiers Working Group. GoDaddy.com was a founding Member of the Country Code 1 ENUM LLC. I represented GoDaddy.com on the Board of the LLC from Aug 2004 through Dec 2006, at which time GoDaddy.com withdrew from the LLC. In all my positions with the Go Daddy Group, or in the appointments noted above, my focus has been the development and promotion of registrar related business, products, and services. Tim Ruiz

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#9 of Response to ccNSO/GAC Issues report
by Edmon Chung Feb. 13, 2008

Feb. 13, 2008

fter some discussion at the Registries Constituency today, would like to make the following suggested edits to #9. The current wording: 9. There should be only one IDN ccTLD string per ISO 3166-1 entry per relevant script. Measures must be taken to limit confusion and collisions due to variants. Suggested edit: 9. There should be only one IDN ccTLD string per ISO 3166-1 entry per relevant script, except in those cases where one script is used for multiple languages and governmental policy makes selecting a single string inappropriate. Measures must be taken to limit confusion and collisions due to variants. The rationale for the edit is to provide for the situation is for example in India where one script is used for multiple languages and the representation of "india" in those different languages using the same script may be different. We would have to make a change to the main body as well, mainly with regards to the response to: a) Should there similarly be only a single IDN ccTLD for a given script for each ¡¥territory¡Š or can there be multiple IDN ccTLD strings? For example, should there be only one equivalent of .cn in Chinese script for China or .ru in Cyrillic for Russia? Proposed GNSO response: Yes, the GNSO believes that there should be only one string per ISO 3166-1 entry per relevant script. Suggested change to the proposed response: Yes, the GNSO believes that there should be only one string per ISO 3166-1 entry per relevant script., except in those cases where one script is used for multiple languages and governmental policy makes selecting a single string inappropriate. Measures must be taken to limit confusion and collisions due to variants. Edmon

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Re: [council] Response to ccNSO/GAC Issues report
by Robin Gross Feb. 13, 2008

Feb. 13, 2008

Hi Mike, Actually, the UDRP makes my case: registrations are PERMITTED and only taken away AFTER-THE-FACT, when wrong doing has been shown. The point is not about "activation", but rather "registration". Sure, you can establish bad faith after a registration but before activation based on the facts and circumstances of the situation (registering a domain that includes a TM and then sending a letter to the TM owner saying if they want it they gotta pay you big bucks to get it). But it is still a USE based analysis, not something that can be determined before registration in order to deny a registration. Remember the Taubman v. Webfeats case [319 F.3d 770 (6th Cir. 2003)]: "If [defendant's] use is commercial, then, and only then, do we analyze his use for a likelihood of confusion." The court continues: "Even if [defendant's] use is commercial speech, i.e., "in connection with the sale . . . or advertising of any goods or services," and within the jurisdiction of the Lanham Act, there is a violation only if his use also creates a likelihood of confusion among customers. 15 U.S.C. 1114(1). Moreover, the only important question is whether there is a likelihood of confusion between the parties' goods or services. Bird v. Parsons, 289 F.3d 865, 877 (6th Cir. 2002). Under Lanham Act jurisprudence, it is irrelevant whether customers would be confused as to the origin of the websites, unless there is confusion as to the origin of the respective products. See also Daddy's Junky Music Stores, 109 F.3d at 280." This is just the first case that comes to mind. Briefly, here is another: Cline v. 1-888-PLUMBING, 146 F. Supp. 2d 351 (S.D.N.Y. 2001). The court held that merely registering a domain name likely to be confused with a registered trademark was not enough to infringe upon the mark, as it was not a “use in commerce” of the mark. “In the context of domain names, parties encroach on a registrant’s rights under […] the Lanham Act not when they reserve a domain name […] but when they use it.” Id. at 369. **** THEREFORE, I propose that we amend our statement, so that only "technical confusion" is the type of confusion that we deal with. Otherwise, not only are we in contrast with legal norms, we are also outside the scope of ICANN's authority. Thank you, Robin On Feb 11, 2008, at 4:54 AM, Mike Rodenbaugh wrote: > There are plenty of UDRP decisions holding that domain names can be > registered in bad faith, even if not activated. The fact the > domain is registered in effort to extract money from TM owner, and/ > or deprives TM owner of ability to use the name, is enough. I am > pretty certain there are also US court precedents on that point at > least as well, and would bet they exist in other jurisdictions at > this point too. So, with respect, I think Professor Farley is > incorrect. ICANN’s scope of authority includes mitigation of > likelihood of consumer confusion in any sense, that was settled > with enactment and entrenchment of the UDRP as a purported remedy. > > Interested to hear more about the font idea, as I don’t immediately > see how that will help. > > Thanks, > Mike > > From: owner-council(a)gnso.icann.org [mailto:owner- > council(a)gnso.icann.org] On Behalf Of Robin Gross > Sent: Monday, February 11, 2008 4:36 AM > To: Chuck Gomes > Cc: Council GNSO > Subject: Re: [council] Response to ccNSO/GAC Issues report > > Chuck, > > I agree with you that trademarks are only a subset of "confusingly > similar". The point is that trademarks are outside of the realm of > technical confusion, and only technical confusion should be > included within the "confusingly similar" issue since that is all > that is within ICANN's scope of authority. > > I disagree that international law says that domain names, without > any analysis of their use, can be considered confusingly similar. > Please remember the presentation that Professor Christine Haight > Farley, American University international trademark law expert, > gave to us in San Juan, where she attempted to explain this key > point in detail. > Her paper is online at: http://ipjustice.org/wp/2007/06/06/ > farley-legal-briefing/ > and the video of her presentation is at: http://www.keep-the- > core-neutral.org/node/31 > > It is a mistake for us to continue to expand trademark rights in > domain names beyond the scope of rights that trademark law > grants. So I can't support a GNSO position that does this. > > Another suggestion that was provided at our dinner table last night > was that a better way to deal with confusion caused by similar > script characters (such as the "paypal example") is by the > creation of new FONTS that make the characters more distinct and > thus eliminate this type of confusion through a software fix > (rather than by expanding trademark rights). I agree that we > should explore this approach. > > Thanks, > Robin > > > On Feb 11, 2008, at 4:00 AM, Gomes, Chuck wrote: > > > Recommendation 2 (confusingly similar) does not necessarily relate > to trademarks although that could be a subset. The detailed > discussion we included for this was taken from international law > relating to trademarks but the intent was to apply the requirement > on broader basis, in particularly for existing gTLDs that do not > have any trade mark rights. > > Chuck > > From: owner-council(a)gnso.icann.org [mailto:owner- > council(a)gnso.icann.org] On Behalf Of Robin Gross > Sent: Monday, February 11, 2008 12:50 AM > To: Council GNSO > Subject: Re: [council] Response to ccNSO/GAC Issues report > The same issue was raised at my table by the board members. The > feeling was "if two countries are going to start a war over a > domain name, that is their problem. They must pick 1 name." I > think there is merit to this view. It was also mentioned that > Chinese is a script that is used by a large community in just about > EVERY country in the world, so does this mean every country gets a > script in Chinese? In the US alone, there are large language > communities for probably 10 scripts, giving the US 10 scripts under > our rule. I do not believe this is what we intended. > > And a few other points were raised that need to be dealt with. In > particular, the recommendation that "strings must not be > confusingly similar" is misplaced. Only technical confusion is the > type that should be dealt with here, not general confusion. I > agree. This recommendation really does not make sense from a > trademark viewpoint (although that is how it is intended), since a > domain name, by itself, does not cause confusion, but only with > relation to how the domain is used. We are going well beyond > technical stability and trying to regulate other things that are > outside ICANN's authority. > > Perhaps we should give more thought to our recommendations before > we vote on them. I found the feedback from the board to be > enormously useful and we should try to address their concerns > before voting. > > Thanks, > Robin > > > > On Feb 10, 2008, at 7:39 PM, Norbert Klein wrote: > > > I also agree with Avri's suggestion, where others already consented. > > At the table I was - and I later talking to people from another > table - there > was opposition to the "One IDNccTLD per one script per one language > group": "their government should decide to choose just one." > > I was surprised about the lack of sensitivity on the political/ > social/cultural > implications. I argued - as a example - saying that it would be highly > destructive in the presently tense situation, if the Malaysian > government > would give preference to the Chinese over against the Indian ethnic > sections > of the society by allocating only one IDNccTLD, but this was dismissed > as "not ICANN's problem." > > Norbert > > - > > ---------- Forwarded Message ---------- > > Subject: RE: [council] Response to ccNSO/GAC Issues report > Date: Monday, 11 February 2008 > From: "Edmon Chung" <edmon(a)dotasia.org> > To: "'Council GNSO'" <council(a)gnso.icann.org> > > > Agreed. > Edmon > > > -----Original Message----- > From: owner-council(a)gnso.icann.org [mailto:owner- > council(a)gnso.icann.org] On > Behalf Of Adrian Kinderis > Sent: Monday, February 11, 2008 10:11 AM > To: Avri Doria; Council GNSO > Subject: RE: [council] Response to ccNSO/GAC Issues report > > > The same issue was raised at our table Avri. > > I believe your suggested change would be appropriate. > > Regards, > > Adrian Kinderis > > -- > If you want to know what is going on in Cambodia, > please visit us regularly - you can find something new every day: > > http://cambodiamirror.wordpress.com > > Agreed. > Edmon > > > -----Original Message----- > From: owner-council(a)gnso.icann.org [mailto:owner- > council(a)gnso.icann.org] On > Behalf Of Adrian Kinderis > Sent: Monday, February 11, 2008 10:11 AM > To: Avri Doria; Council GNSO > Subject: RE: [council] Response to ccNSO/GAC Issues report > > > The same issue was raised at our table Avri. > > I believe your suggested change would be appropriate. > > Regards, > > Adrian Kinderis > Managing Director > AusRegistry Group Pty Ltd > Level 8, 10 Queens Road > Melbourne. Victoria Australia. 3004 > Ph: +61 3 9866 3710 > Fax: +61 3 9866 1970 > Email: adrian(a)ausregistry.com > Web: www.ausregistrygroup.com > > The information contained in this communication is intended for the > named recipients only. It is subject to copyright and may contain > legally privileged and confidential information and if you are not an > intended recipient you must not use, copy, distribute or take any > action > in reliance on it. If you have received this communication in error, > please delete all copies from your system and notify us immediately. > > > -----Original Message----- > From: owner-council(a)gnso.icann.org [mailto:owner- > council(a)gnso.icann.org] > On Behalf Of Avri Doria > Sent: Monday, 11 February 2008 12:59 PM > To: Council GNSO > Subject: [council] Response to ccNSO/GAC Issues report > > > Hi, > > At my table this evening, we had a conversation about Executive > summary point #5 - specifically the last phrase "... without GNSO's > concurrence" > > While explaning it this, I explained that it really refered to the > need to have have resolved the issue as explained in #2 and the ICANn > community had achieved a common agreement of an interim procedure. > > I am wondering whether we might be to change it to say: " without > prior community concurrence" > > thanks > > a. > > > > > > IP JUSTICE > Robin Gross, Executive Director > 1192 Haight Street, San Francisco, CA 94117 USA > p: +1-415-553-6261 f: +1-415-462-6451 > w: http://www.ipjustice.org e: robin(a)ipjustice.org > > > > > > > IP JUSTICE > Robin Gross, Executive Director > 1192 Haight Street, San Francisco, CA 94117 USA > p: +1-415-553-6261 f: +1-415-462-6451 > w: http://www.ipjustice.org e: robin(a)ipjustice.org > > > IP JUSTICE Robin Gross, Executive Director 1192 Haight Street, San Francisco, CA 94117 USA p: +1-415-553-6261 f: +1-415-462-6451 w: http://www.ipjustice.org e: robin(a)ipjustice.org

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ICANN POLICY UPDATE – 11 February 2008
by Denise Michel Feb. 13, 2008

Feb. 13, 2008

Attached are brief summaries of a number of Internet policy issues that are being addressed in the ICANN community's bottom-up policy development structure. This update is provided by ICANN's Policy Staff in response to community requests for periodic summaries of ICANN's policy work. Links to additional information are included in the attached document, and we encourage you to go beyond these brief staff summaries and learn more about the ICANN community's work. Our goal is to maximize transparency and broad community participation in ICANN's policy development activities. We continue to investigate more effective and efficient ways to communicate the relevance, importance and status of ongoing issues to the ICANN community. Comments and suggestions on how we can improve these efforts are most welcome and should be sent to policy-staff(a)icann.org. This update will be posted on ICANN's website. Regards, Denise Denise Michel ICANN VP, Policy ------------------------------------------------------------------ ICANN POLICY UPDATE – 11 February 2008 CONTENTS: 1. GNSO -- IMPROVEMENTS 2. GNSO -- DOMAIN NAME TASTING 3. GNSO -- WHOIS 4. GNSO -- INTER-REGISTRY TRANSFER POLICY 5. GNSO -- LEADERSHIP/ELECTION 6. MULTIPLE ENTITIES -- IDN ccTLDs 7. CCNSO -- IANA WORKING GROUP 8. CCNSO -- PARTICIPATION WORKING GROUP 9. CCNSO -- WORK PLAN 10. CCNSO -- PHISHING SURVEY 11. SSAC -- REPORTS AND STATEMENTS FOR NEW DELHI 12. AT-LARGE -- APRALO PRIORITIES 13. AT-LARGE -- NEW DELHI POLICY AGENDA 14. AT-LARGE -- PARTICIPATION

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