November 2012 - council - lists.icann.org

Trademark Clearinghouse Meetings
by Jonathan Robinson 27 Nov '12

27 Nov '12

All, If you have not picked up the latest blog posting on this topic, I recommend looking at it here: http://blog.icann.org/2012/11/a-follow-up-to-our-trademark-clearinghouse-mee tings/ In particular, please note the references to and expectations of the GNSO Council. Jonathan

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RE: [council] Proposed Council dates through to December 2013
by john＠crediblecontext.com 27 Nov '12

27 Nov '12

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Draft ATRT2 letter
by KnobenW＠telekom.de 26 Nov '12

26 Nov '12

All, following the discussion at the council meeting I've drafted the letter to ICANN board and GAC chair (see attached). Please comment as well as help to polish the English phrasing. Best regards Wolf-Ulrich

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FW: URS update
by Jonathan Robinson 22 Nov '12

22 Nov '12

All, Please see below with an update on the URS from Olof. Jonathan From: Olof Nordling [mailto:olof.nordling@icann.org] Sent: 22 November 2012 10:26 To: Jonathan Robinson (jonathan.robinson(a)ipracon.com) Subject: URS update Dear Jonathan, The deadline for responses to the URS RFI has passed and I'm happy to inform you that we have received several responses which we are now evaluating. Moreover, my first impression is that the situation looks quite promising, both in terms of adherence to the URS text and regarding the target fee. This also means that there is less of an urgency than I previously thought to convene a drafting team (and I'm glad to have been proven wrong in that regard!). There may still be details where such a drafting team can provide useful guidance and I will get back to you with further updates on this and other URS matters as we advance with the evaluations. Very best regards Olof

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Update on Timing of Recent Issue Reports
by Margie Milam 21 Nov '12

21 Nov '12

Dear Jonathan & All, As you recall, the GNSO Council requested three issue reports at its 17 October 2012 meeting. Since these issue reports are generally due 45 days from the request, with extensions available as necessary to complete them, we wanted to let you know that Staff will need additional time to complete the issue reports on Uniformity of Reporting, and on translation/transliteration of Registration Data. We expect to deliver these by 14 December 2012. Please note that the IRTP Part D Issue Report has already been published for the council's consideration (see: http://gnso.icann.org/en/node/35543 ), and a public comment forum is currently open on this Report (see: http://www.icann.org/en/news/public-comment/irtp-d-prelim-issue-report-14no… ). We are also in the process of drafting the Board requested issue report on WHOIS, addressing purpose, access, and accuracy, but do not yet have an estimated delivery date for this Issue Report. We are planning internal meetings next week to discuss this resolution, and will let you know separately the expected timing of this Report. Happy Thanksgiving! Best Personal Regards, Margie _______ Margie Milam Senior Policy Counselor ICANN _______

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GAC Early Warnings on new gTLDs are now public
by Bruce Tonkin 21 Nov '12

21 Nov '12

Hello All, The GAC early warnings are now public at: https://gacweb.icann.org/display/gacweb/GAC+Early+Warnings Nice to see that the: String Applicant Filing Government and Early Warning have been published. Regards, Bruce Tonkin

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Renewed Motion to Recommend Protections in the First Round of New gTLDs for Certain Red Cross / Red Crescent (RCRC) and International Olympic Committee (IOC) Names
by Winterfeldt, Brian 20 Nov '12

20 Nov '12

To the GNSO Council: Given the lack of clarity on conflict of interest rules and procedures for renewed Councilor votes on motions, as discussed on our last Council teleconference, I wish to present the following motion to recommend protections in the first round of new gTLDs for certain Red Cross / Red Crescent (RCRC) and International Olympic Committee (IOC) names: Made by: Brian Winterfeldt Seconded by: WHEREAS: The Board Resolution 2011.06.20.01, authorized "the President and CEO to implement the new gTLD program which includes . . . incorporation of text concerning protection for specific requested Red Cross and IOC names for the top level only during the initial application round, until the GNSO and GAC develop policy advice based on the global public interest, . . ." (http://www.icann.org/en/groups/board/documents/resolutions-20jun11-en.htm) The IOC/RC Drafting Team established [Date] by the GNSO Council has considered a number of different options with respect to protections of both the IOC and the RCRC terms in response to the GAC proposal to provide permanent protection for such terms including at the second level in new gTLDs; The solution proposed by the IOC/RC Drafting Team, to initiate a PDP and to provide temporary reservation of the exact match IOC/RC names, was posted for public comment on 28 September 2012 and closed on 9 November 2012; The GNSO has now [Date] initiated a policy development process (PDP) to evaluate possible protections for certain international organization names in all gTLDs, including, specifically, whether to recommend policies to protect IOC/RCRC names; and Therefore, the IOC/RC Drafting Team recommends that the GNSO Council recommend to the Board that it adopt the second recommendation of the IOC/RC Drafting Team, providing for temporary reservation of the exact match IOC/RC names, prior to the delegation of the first round of new gTLDs. NOW THEREFORE, BE IT RESOLVED: That the GNSO Council adopts the IOC/RC Drafting Team's recommendation to temporarily reserve the exact match of IOC and RCRC second level domain names listed in Section 2.2.1.2.3 of the Applicant Guidebook and per the GAC recommendation of 14 September 2011 pending the outcome of the recently launched policy development process involving International Governmental and Non-governmental Organizations. That the GNSO Council thanks the members of the IOC/RC Drafting Team for their efforts in producing these recommendations, and hereby disbands the IOC/RC Drafting Team; and That the Chair of the GNSO Council is authorized to forward these recommendations to the ICANN Board. _______________________________________ Thank you, Brian Brian J. Winterfeldt Partner bwinterfeldt(a)steptoe.com<mailto:bwinterfeldt@steptoe.com> Steptoe +1 202 429 6260 direct +1 202 903 4422 mobile +1 202 429 3902 fax Steptoe & Johnson LLP - DC 1330 Connecticut Avenue, NW Washington, DC 20036 www.steptoe.com<http://www.steptoe.com/> +1 212.506.3935 direct +1 212.506.3950 fax Steptoe & Johnson LLP - New York 1114 Avenue of the Americas New York, NY 10036 This message and any attached documents contain information from the law firm Steptoe & Johnson LLP that may be confidential and/or privileged. If you are not the intended recipient, please do not read, copy, distribute, or use this information. If you have received this transmission in error, please notify the sender immediately by reply e-mail and then delete this message.

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Draft minutes of GNSO Council meeting 15 November 2012
by Glen de Saint Géry 20 Nov '12

20 Nov '12

Dear Councillors, Attached please find the draft minutes of the GNSO Council meeting held on 15 November 2012. If there are no comments, these minutes will be published on the website as approved, according to the GNSO Rules of Procedure http://gnso.icann.org/en/council/gnso-operating-procedures-13sep12-en.pdf section 3.5 "If no objections are received within 10 days, the minutes will be deemed to have been approved for posting" on 29 November 2012. Thank you. Kind regards, Glen Glen de Saint Géry GNSO Secretariat gnso.secretariat(a)gnso.icann.org<mailto:gnso.secretariat@gnso.icann.org> http://gnso.icann.org

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WHOIS resolution from the Board meeting on 8 Nov 2012
by Bruce Tonkin 20 Nov '12

20 Nov '12

Hello All, The Board resolution from 8 Nov 2012 on WHOIS is now public at: http://www.icann.org/en/groups/board/documents/resolutions-08nov12-en.htm I have attached the Board briefing document. It contains a detailed section on staff actions against each of the WHOIS review team recommendations - see page 8 onwards. Below is the Board resolution. Regards, Bruce Tonkin 8 November 2012 WHOIS Policy Review Team Report Whereas, the WHOIS Policy Review Team Report was submitted to the Board on 11 May 2012 and was the subject of extensive public comment and community discussion; Whereas, the Review Team's work has encouraged the Board and community to re-examine the fundamental purpose and objectives of collecting, maintaining and providing access to gTLD registration data, has inspired renewed and new efforts to enforce current WHOIS policy and contractual conditions, and has served as a catalyst for launching a new approach to long-standing directory services challenges; Resolved (2012.11.08.01), the Board directs the CEO to launch a new effort to redefine the purpose of collecting, maintaining and providing access to gTLD registration data, and consider safeguards for protecting data, as a foundation for new gTLD policy and contractual negotiations, as appropriate (as detailed in the 1 November 2012 Board paper entitled, "Action Plan to Address WHOIS Policy Review Team Report Recommendations"-ICANN Board Submission Number 2012-11-08-01 [PDF, 266 KB]), and hereby directs preparation of an Issue Report on the purpose of collecting and maintaining gTLD registration data, and on solutions to improve accuracy and access to gTLD registration data, as part of a Board-initiated GNSO policy development process; Resolved (2012.11.08.02), the Board directs the CEO to continue to fully enforce existing consensus policy and contractual conditions relating to the collection, access and accuracy of gTLD registration data (referred to as gTLD WHOIS data), and increase efforts to communicate, conduct outreach on, and ensure compliance with existing policy and conditions relating to WHOIS (as detailed in the 1 November 2012 Summary of the Board Action entitled, "WHOIS Policy Review Team Report Recommendations"). Resolved (2012.11.08.03), pursuant to Article III, Section 5.4 of the Bylaws, the Board directs that the contents of this resolution and rationale shall not be made publicly available until 19 November 2012. Rationale for Resolutions 2012.11.08.01 - 2012.11.08.02 The Affirmation of Commitments (AoC) between ICANN and the U.S. Department of Commerce commits ICANN to enforcing its existing policy relating to WHOIS (subject to applicable laws), which "requires that ICANN implement measures to maintain timely, unrestricted and public access to accurate and complete WHOIS information, including registrant, technical, billing, and administrative contact information." The AoC obligates ICANN to organize no less frequently than every three years a community review of WHOIS policy and its implementation to assess the extent to which WHOIS policy is effective and its implementation meets the legitimate needs of law enforcement and promotes consumer trust. The AoC further commits ICANN's Board to publish for public comment the report submitted by the Review Team, and to take action on the report within six months of its submission. The Team's volunteer members were appointed by ICANN's CEO and the GAC Chair, per the AoC requirements, and reflected the broad Internet community's interests in WHOIS policy. For 18 months, the Team conducted fact-finding, including meetings with ICANN's relevant Supporting Organizations and Advisory Committees, members of the broader Internet community, and other interested parties, and issued a draft report for public comment before submitting its Final Report to the Board on 11 May 2012. The Report was posted for two months of public comment and the Board requested input from ICANN's Supporting Organizations and Advisory Committees. Community discussion and input on the Report continued through the ICANN Toronto meeting in October 2012. The GAC and ALAC endorsed the WHOIS review report, SSAC provided a response in SAC055 (http://www.icann.org/en/groups/ssac/documents/sac-055-en.pdf), and the GNSO provided a response by constituency (http://gnso.icann.org/en/correspondence/robinson-to-icann-board-07nov12-en.… [PDF, 377 KB]). There is general agreement on the objective of strengthening the enforcement of existing consensus policies and contracts and the WHOIS Review Team Report provides many relevant recommendations to that effect. However, both the WHOIS Review Team Report and the SSAC comments highlighted the limits of the current framework for gTLD directory services and the need to move beyond the present contractual provisions. The WHOIS Review Team for instance clearly stated that "the current system is broken and needs to be repaired." Likewise, the SSAC report stated that "the foundational problem facing all 'WHOIS' discussions is understanding the purpose of domain name registration data", that "there is a critical need for a policy defining the purpose of collecting and maintaining registration data" and suggested that "the formation of a properly authorized committee to drive solutions to these questions first, and to then derive a universal policy from the answers, is the appropriate sequence of steps to address the WHOIS Review Team's report ." Indeed, the WHOIS protocol is over 25 years old (the current version is documented in RFC3912 dated September 2004, and the original version is documented in RFC812 dated March 1982). Furthermore, ICANN's requirements for domain name registration data collection, access and accuracy for gTLD registries and registrars are largely unchanged after more than 12 years of GNSO task forces, working groups, workshops, surveys and studies. Concerns of access, accuracy, privacy, obsolescence of protocols in an evolving name space, and costs to change remain unresolved. In this context, taking into account these inputs and community concerns, the Board has determined that a broad and responsive action is required and has decided to implement a two-pronged approach. Accordingly, the Board is simultaneously: 1.Directing the President and CEO to continue to fully enforce existing consensus policy and contractual conditions as well as to increase efforts to communicate, conduct outreach on, and ensure compliance with such existing policy and conditions. 2.Directing the President and CEO to launch a new effort focused on the purpose and provision of gTLD directory services, to serve as the foundation of an upcoming Board-initiated gNSO PDP. The outcomes of this work should act as guidance to the Issue Report that will be presented as part of the GNSO's policy development work; as a result, the Issues Report is not expected to be produced until such time as the President and CEO determines that his work has progressed to a point that it can serve as a basis of work within the PDP. On both aspects, additional information is contained in the document, "Action Plan to Address WHOIS Policy Review Team Report Recommendations"-ICANN Board Submission Number 2012-11-08-01" (http://www.icann.org/en/groups/board/documents/briefing-materials-1-08nov12… [PDF, 266 KB]). As part of the work of the President and CEO to ensure continued compliance with existing policy and conditions, the President and CEO has moved the Compliance Department to report directly to the President and CEO (http://www.icann.org/en/news/announcements/announcement-14sep12-en.htm), and the Board granted financial authorization to establish a Contractual Compliance Audit Program through an independent Service Provider (http://www.icann.org/en/groups/board/documents/resolutions-03oct12-en.htm#1…) Furthermore, appropriate liaison will be established with the ongoing work undertaken in the IETF WG on the Web Extensible Internet Registration Data Service (WEIRDS) Protocol to ensure coherence. The Board strongly feels that taking this two-pronged approach is essential to fulfill ICANN's responsibility to act in the global public interest. The initiation of a focused work on Whois is expected to have an impact on financial resources as the research and work progresses. If the resource needs are greater than the amounts currently budgeted to perform work on Whois-related issues, the President and CEO will bring any additional resource needs to the Board Finance Committee for consideration, in line with existing contingency fund request practices. This action is not expected to have an immediate impact on the security, stability or resiliency of the DNS, though the outcomes of this work may result in positive impacts. This is an Organizational Administrative Function of the Board for which the Board received public comment, at http://www.icann.org/en/news/public-comment/whois-rt-final-report-11may12-e….

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TR: ICANN Board Addresses WHOIS
by Glen de Saint Géry 19 Nov '12

19 Nov '12

[http://www.vocus.com/images/pr/icannheader2_logo.jpg] 19 November 2012 For Immediate Release ICANN Board Launches New Effort to Tackle gTLD Registration Data Challenges Based on Policy Review Team Report Approved resolution also reconfirms full support for Enforcement of WHOIS policy and obligations Los Angeles, California... The ICANN Board of Directors has directed the Chief Executive Officer to launch a new effort to re-examine the purpose of collecting, maintaining and providing access to generic Top-Level Domain (gTLD) registration data. The move follows the recommendations of a review team that examined implementation of WHOIS data policy. WHOIS is a listing of domain registrants and their contact information. "WHOIS began more than 25 years ago, before there was even a World Wide Web and its purpose was far more technical than it is today," said Dr. Stephen D. Crocker, ICANN Board Chair. "It's clear that we have to take a thorough look at WHOIS from the ground up, and that's what we're asking the CEO to do - what should WHOIS be and how can we best improve its accuracy?" The Board tasked the CEO to go beyond the existing WHOIS protocol and start a new initiative focused on directory services. In response CEO Fadi Chehadé will convene an expert working group to help lay the foundation for new policy development work. The Board resolution also directs the CEO to continue to fully enforce the contractual conditions that relate to the current collection, access and accuracy of gTLD registration data, and increase efforts to communicate and conduct outreach ensuring compliance with existing WHOIS policy and conditions. "It's basically a two-track approach," said Crocker. "In addition to a full examination of WHOIS, the Board wants to make certain that enforcement of existing WHOIS reporting requirements is strengthened in conformance with the Affirmation of Commitments and the recommendations of the WHOIS Review Team." The Affirmation of Commitments (AoC) is an agreement signed by ICANN and the U.S. Department of Commerce in 2009 that, among other things, commits ICANN to enforcing existing policies relating to WHOIS. ## To read the Board resolution on WHOIS, go here: http://www.icann.org/en/groups/board/documents/resolutions-08nov12-en.htm#1 To read the report of the WHOIS Policy Review Team, go here: http://www.icann.org/en/groups/board/documents/briefing-materials-1-08nov12… MEDIA CONTACTS: Brad White Director of Global Media Affairs Washington, DC, USA Tel. +1 202.570.7118 brad.white(a)icann.org<mailto:brad.white@icann.org> Andrew Robertson Edelman Public Relations London, U.K. Tel. + 44 (7811) 341 945 andrew.Robertson(a)edelman.com<mailto:andrew.Robertson@edelman.com> About ICANN: ICANN's mission is to ensure a stable, secure and unified global Internet. To reach another person on the Internet you have to type an address into your computer - a name or a number. That address has to be unique so computers know where to find each other. ICANN coordinates these unique identifiers across the world. Without that coordination we wouldn't have one global Internet. ICANN was formed in 1998. It is a not-for-profit public-benefit corporation with participants from all over the world dedicated to keeping the Internet secure, stable and interoperable. It promotes competition and develops policy on the Internet's unique identifiers. ICANN doesn't control content on the Internet. It cannot stop spam and it doesn't deal with access to the Internet. But through its coordination role of the Internet's naming system, it does have an important impact on the expansion and evolution of the Internet. For more information please visit: www.icann.org<http://www.icann.org>. If you would rather not receive future communications from ICANN, let us know by clicking here.<http://ICANN.pr-optout.com/OptOut.aspx?523509x19831x89344x1x3785396x24000x6…> ICANN, 12025 Waterfront Drive Suite 300, Los Angeles, CA 90094 United States

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