Forwarded From: Steve DelBianco]

This comment is in response to GNSO Council's 08-Dec-2010 request for

constituency comments on recommendations of the cross-community working

group (CWG) regarding Council's Recommendation 6 (the "morality and public

order" section of the draft AGB)

The Business Constituency (BC) addressed this issue in its Dec-2010

comments on the proposed final AGB.

(see page 7 of BC comments posted at

http://forum.icann.org/lists/5gtld-guide/msg00026.html and attached here)

Relevant points from that submission are repeated here in response to

Council's request.

In our Dec-2010 comments, the BC explains our rationale for concerns over

the proposed objection process:

The BC is concerned that confusion and controversy may result from
subjective and undefined aspects of the Limited Public Interest and
Community objections.

The BC understands that ICANN may need to outsource objection and
evaluation tasks during the new gTLD application process. But a decision
to outsource services does not enable ICANN to escape accountability for
decisions made by outsourcing vendors. ICANN's Board must be the final
resolution body for disputes that arise during evaluation and objection
processes.

The challenges of managing both internal and outsourced objection
processes underlies the BC's recommendation for an initial batch of
fewer than 500 applications:

"The first batch should be limited to significantly fewer than 500
applications, in order to test the operational readiness of newly
designed application processing and objection / contention systems."
(see page 3 of our Dec-2010 comments, attached)

The BC also called for more definitions and specifics in the Guidebook

section on Limited Public Interest objections:

3.1.2.3 ".. an applied-for gTLD string may be considered contrary to

generally accepted legal norms..."

the BC believes that term "generally accepted" should be specifically

defined.

The objector must prove substantial opposition within the community it has

identified itself as representing.

the BC believes the term "substantial opposition" should be
specifically defined.

3.1.5 Independent Objector A formal objection to a gTLD application may

also be filed by the Independent Objector (IO). The IO does not act on

behalf of any particular persons or entities, but acts solely in the best

interests of the public who use the global Internet.

The BC believes the Guidebook should include a description of the
methodology ICANN will use to solicit interest from independent
Objectors.

The IO will be selected by ICANN, through an open and transparent process,

and retained as an independent consultant.

the BC recommends adding specific decision criteria regarding the
selection and supervision of the Independent Objector.

Anyone may file a [Limited Public Interest Objection]. Due to the

inclusive standing base, however, objectors are subject to a ³quick look²

procedure designed to identify and eliminate frivolous and/or abusive

objections.

the BC believes that open-ended guidelines may create a perpetual loop
of opposition. The BC recommends a more specific regime.

Steve DelBianco

Vice chair for policy coordination

ICANN Business Constituency