I'm not at all clear on similarity of strings in the context of determination of variants or the rule which states that the same Registry Operator cannot be awarded a string which is deemed similar unless that string is a "variant".  

The String Contention process was identified in Module 4 of the 2012 AGB.   The language there says:

In this Applicant Guidebook, “similar” means strings so
similar that they create a probability of user confusion if
more than one of the strings is delegated into the root
zone.

The link to Module 4 is here:  https://newgtlds.icann.org/sites/default/files/string-contention-procedures-04jun12-en.pdf

Anne





Anne Aikman-Scalese
GNSO Councilor
NomCom Non-Voting 2022-2024


On Wed, May 15, 2024 at 9:35 PM 陳曼茹 Manju Chen <manju@nii.org.tw> wrote:
Hi Susan,

Thank you for the clarification. I have no problems using existing definition and rationale if they've acquired community consensus.
I'd therefore suggest we clearly list the references in the Issue Report and avoid paraphrasing but stick to the original wording that has community consensus.

Thank you!

Best,
Manju


On Thu, May 16, 2024 at 12:21 PM Susan Payne <susan.payne@comlaude.com> wrote:
Hi Manju
I couldn’t support that addition.  The term used in the Request for an Issues Report is “visually confusingly similar”, which paraphrases the standard applied in the 2012 round and affirmed by SubPro recommendations 24.1 and 24.2. There is therefore a clear definition and rationale for the use of the term. 

Susan

From: 陳曼茹 Manju Chen via council <council@icann.org>
Sent: Thursday, May 16, 2024 3:25 AM
To: Anne ICANN <anneicanngnso@gmail.com>
Cc: GNSO Council List <council@gnso.icann.org>; Julie Bisland via Gnso-secs <gnso-secs@icann.org>
Subject: [council] Re: [Ext] Re: Re: [gnso-secs] Motion & Request for Issue Report Re: Action Items | GNSO Council meeting 18 April 2024
 
Hi all,

During NCSG's discussion regarding this topic, some of our members raised the concerns that 'confusing similarity' is a legal term that can be interpreted in many ways. They want to caution against using the term without clear definition and rationale.
 
To reflect this concern, can we add 'definition and evaluating criteria in ICANN regarding confusing similarity concerning gTLD strings' in the 'suggestions on specific items to be addressed' in the request form?

Thank you!

Best,
Manju


On Thu, May 16, 2024 at 5:48 AM Anne ICANN via council <council@icann.org> wrote:
I also support Kurt's clause and wonder whether we can get clarity on the history of the determination that only the variant of the pre-existing string is eligible to be awarded to the same RO, whereas the rule says that the similar string which is not a variant may not proceed even if applied for by the holder of the pre-existing TLD.

Anne Aikman-Scalese
GNSO Councilor
NomCom Non-Voting 2022-2024


On Tue, May 14, 2024 at 3:11 PM Tomslin Samme-Nlar via council <council@icann.org> wrote:
Agree.

Warmly,
Tomslin

On Wed, 15 May 2024, 08:06 DiBiase, Gregory via council, <council@icann.org> wrote:

Hearing no conflicting views, I accept Kurt’s proposed addition (the below Whereas clause) as a friendly amendment.  Thanks Kurt.

 

Thanks,

Greg

 

From: kurt kjpritz.com <kurt@kjpritz.com>
Sent: Monday, May 13, 2024 10:43 PM
To: DiBiase, Gregory <dibiase@amazon.com>
Cc: Steve Chan <steve.chan@icann.org>; Justine Chew <justine.chew.icann@gmail.com>; GNSO Council List <council@gnso.icann.org>; Julie Bisland via Gnso-secs <gnso-secs@icann.org>
Subject: RE: [EXTERNAL] [council] [Ext] Re: Re: [gnso-secs] Motion & Request for Issue Report Re: Action Items | GNSO Council meeting 18 April 2024

 

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you can confirm the sender and know the content is safe.

 

Hi Greg: 

 

I think it would be good to signal in the motion that the Council, in its investigation to date, understands that this issue had been considered in the past and that a set of rules governing the handling of diacritics exists, i.e., that we are not considering a new issue or that it is one of “first impression." With that goal of ‘completeness’ in mind, I suggested the additional Whereas clause in my earlier email that I repeat here: 

 

4.5 During these discussions the Council came to understand that a set of clear rules exists regarding the delegation of TLDs including diacritics, resulting from the considered work of the Latin LGR panel, and the Council sought to learn more concerning the rationale for those conclusions and the scope of authority of the LGR Panels and of the GNSO in considering these questions. 

 

If the prevailing view is that the motion is better without this additional clause, that’s fine too. 

 

Best regards,

 

Kurt

 

 



On 14 May 2024, at 3:24 am, DiBiase, Gregory <dibiase@amazon.com> wrote:

 

Hi All- noting Steve’s clarification that may address Kurt’s concern below, do we feel that the motion needs to be amended?  If so, please suggest a specific amendment that we can consider for Thursday’s meeting.

 

Thanks,

Greg

 

From: Steve Chan via council <council@icann.org> 
Sent: Wednesday, May 8, 2024 3:14 AM
To: Justine Chew <justine.chew.icann@gmail.com>; kurt kjpritz.com <kurt@kjpritz.com>; GNSO Council List <council@gnso.icann.org>
Cc: Julie Bisland via Gnso-secs <gnso-secs@icann.org>
Subject: [EXTERNAL] [council] Re: [Ext] Re: Re: [gnso-secs] Motion & Request for Issue Report Re: Action Items | GNSO Council meeting 18 April 2024

 

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you can confirm the sender and know the content is safe.

 

Dear Councilors,

 

I just wanted to call attention to one of the documents that Julie attached in submitting the motion on behalf of Greg. There is a proposed Request for Issue Report form which includes a section titled: Suggestions on specific items to be addressed in the Issue Report (if any). In that section, amongst other items, it suggests the line of research mentioned by Kurt. I would encourage you all to review the request form and provide your input on whether it is captured adequately.

 

To Justine’s comment, the action identified in Resolved para 2 of the motion comes from section 5 of the PDP Manual:https://gnso.icann.org/sites/default/files/file/field-file-attach/annex-2-pdp-manual-15mar23-en_0.pdf. If any Councilors wishes to add more context about Resolved para 2, that is the relevant context.

 

Best,

Steve

 

From: Justine Chew via council <council@icann.org>
Reply-To: Justine Chew <justine.chew.icann@gmail.com>
Date: Wednesday, May 8, 2024 at 1:51 AM
To: "kurt kjpritz.com" <kurt@kjpritz.com>, GNSO Council List <council@gnso.icann.org>
Cc: Julie Bisland via Gnso-secs <gnso-secs@icann.org>
Subject: [council] Re: [Ext] Re: Re: [gnso-secs] Motion & Request for Issue Report Re: Action Items | GNSO Council meeting 18 April 2024

 

All,

Good proposition, Kurt. 

I'd also like to ask that if the GAC secretariat is to be informed in the Resolved para 2, then perhaps a reference as to why could be added as to a Whereas para. Otherwise, Resolved para 2 seems odd. 

And while we are at it, I'd like to point out that the ALAC Chair Jonathan Zuck had sent a letter to (now former) GNSO Chair Sebastien Ducos on this Diacritics issue too, in August last year. See: Jonathan Zuck, ALAC Chair to Sebastien Ducos, GNSO Chair [gnso.icann.org]


Kind regards,
Justine

 

 

On Tue, 7 May 2024 at 22:41, kurt kjpritz.com [kjpritz.com] via council <council@icann.org> wrote:

Hi All:  

 

I’d like to add some language that ensures the Issue Report includes an explanation and rationale for the conclusions by the Latin LGR Panel that these characters should be treated as diacritics and not variant characters (if I said that right). We should also understand where authority and restrictions lie, with the LGR as a technical body and the GNSO as a policy making body.

 

Maybe we could add an additional Whereas clause: 

 

4.5 During these discussions the Council came to understand that a set of clear rules exists regarding the delegation of TLDs including diacritics, resulting from the considered work of the Latin LGR panel, and the Council sought to learn more concerning the rationale for those conclusions and the scope of authority of the LGR Panels and of the GNSO in considering these questions. 

 

So not a deal breaker but I am seeking to ensure that certain questions are specifically considered in the Issues Report. 

 

Best regards,

 

Kurt

 

 

On 7 May 2024, at 2:31 pm, Devan Reed via council <council@icann.org> wrote:

 

Hi Tomslin!

 

Thank you so much. This is noted.

 

Kind regards,

Devan

 

From: Tomslin Samme-Nlar <mesumbeslin@gmail.com>
Date: Tuesday, May 7, 2024 at 4:07 AM
To: Devan Reed <devan.reed@icann.org>
Cc: GNSO Council List <council@gnso.icann.org>, Julie Bisland via Gnso-secs <gnso-secs@icann.org>
Subject: [Ext] Re: [council] Re: [gnso-secs] Motion & Request for Issue Report Re: Action Items | GNSO Council meeting 18 April 2024

 

Hi Devan,

 

I second the motion.

 

Warmly, 
Tomslin

 

On Tue, 7 May 2024, 05:41 Devan Reed via council, <council@icann.org> wrote:

Thank you for submitting this motion. It will be posted shortly to the motions wiki page.

 

Reminder, this motion will need a second.

 

Thank you!

Kind regards,

Devan

 

From: Julie Hedlund via Gnso-secs <gnso-secs@icann.org>
Reply-To: Julie Hedlund <julie.hedlund@icann.org>
Date: Monday, May 6, 2024 at 2:21 PM
To: "council@gnso.icann.org" <council@gnso.icann.org>
Cc: "gnso-secs@icann.org" <gnso-secs@icann.org>, "DiBiase, Gregory" <dibiase@amazon.com>
Subject: [gnso-secs] Motion & Request for Issue Report Re: [council] Action Items | GNSO Council meeting 18 April 2024

 

Dear Councilors,

 

On behalf of Greg DiBiase, GNSO Chair, who is unable to send this message at this time, please see the attached draft motion and Request for Issue Report relating to the following action per the message below:

 

Item 5: COUNCIL DISCUSSION - Diacritics in Latin Script and Singular/Plurals (20 minutes)

Action Items: The GNSO Council agreed to request an Issues Report on diacritics in Latin script.  This request will require a vote to be scheduled at the 16 May Council meeting.

 

Kind regards,

Julie Hedlund, GNSO Support Staff

Sent on behalf of Greg DiBiase, GNSO Chair

 

From: Terri Agnew via council <council@icann.org>
Reply-To: Terri Agnew <terri.agnew@icann.org>
Date: Monday, April 22, 2024 at 5:11 PM
To: "council@gnso.icann.org" <council@gnso.icann.org>
Cc: "gnso-secs@icann.org" <gnso-secs@icann.org>
Subject: [council] Action Items | GNSO Council meeting 18 April 2024 

 

Dear Councilors,

 

Please find the action items, as stated during the meeting, below arising from the GNSO Council meeting held on Thursday, 18 April 2024. Please refer to the Action Item page for updates on item completion progress. 

 

Please take note of the action items coming out of the Council meeting and the proposed timing for delivering on these actions.  

Please refer to this page for the recent status updates on the Action items.

 

Please note that actions for all councilors are highlighted below.

 

GNSO Council meeting on 18 April 2024

 

Item 3: Consent Agenda (5 minutes)

GNSO Council Review of the GAC Communiqué

Action Items: 

  1. On behalf of the GNSO Chair, staff informs the ICANN Board that the GNSO Council has adopted the GNSO Council Review of the ICANN79 San Juan, Puerto Rico Communiqué Advice.
  2. The GNSO Liaison to the GAC informs the GAC that the GNSO Chair has informed the ICANN Board that the GNSO Council has adopted the GNSO Council Review of the ICANN79 San Juan, Puerto Rico Communiqué Advice.

 

GNSO Council Small Team Guidance Document

Action Items: The Policy Support Staff posts the updated Small Team Guidelines (seehttps://gnso.icann.org/sites/default/files/policy/2024/draft/updated-small-team-guidelines-05apr24.pdf [gnso.icann.org]) to the GNSO site.

 

Confirmation of Standing Predictability Implementation Review Team (SPIRT) Charter Drafting Team Leadership (Chair - Nitan Walia; Vice-chair - Alan Greenberg; GNSO Council liaison - Anne Aikman-Scalese)

Action Items: On behalf of the GNSO Council, ICANN org support staff informs the SPIRT Charter Drafting Team and leadership team that they have been confirmed, and thanks the members, Chair and Vice-Chair for volunteering to serve on the SPIRT Charter Drafting Team. 

 

Item 4: COUNCIL DISCUSSION - Deferral of Policy Status Report Request - Expiration Policies (10 minutes)

Action Items: IPC Councilors to provide a suggested proposal for how to proceed with the Deferral of Policy Status Report Request - Expiration Policies by 06 May for consideration at the 16 May Council meeting.

 

Item 5: COUNCIL DISCUSSION - Diacritics in Latin Script and Singular/Plurals (20 minutes)

Action Items: The GNSO Council agreed to request an Issues Report on diacritics in Latin script.  This request will require a vote to be scheduled at the 16 May Council meeting.

 

Item 6: COUNCIL VOTE - SubPro Supplemental Recommendations (20 minutes)

Action Items: 

  1. On behalf of the GNSO Council, the GNSO Secretariat transmits the Supplemental Recommendations to the ICANN Board, with the exception of the Topic 24 recommendation.
  2. GNSO Council to consider 1) a proposal from Leadership for the Small Team Plus to revisit Topic 24 and, accordingly, 2) a revised Small Team Plus assignment form.

 

Item 7: COUNCIL DISCUSSION - New gTLD Auction Proceeds Cross Community Working Group - Auction Proceeds (CCWG-AP) - Proposed Update to Recommendation 7 (20 minutes) 

Action Items: Anne-Aikman Scalese volunteered to draft a unified response for GNSO Council review by 03 May.

 

Item 9: Update on Status of Privacy and Proxy Services Accreditation Implementation (15 minutes)

Action Items: None.  Paul McGrady and Stephanie Perrin as Liaisons to monitor and report to Council as necessary.

 

Item 10: Any Other Business (10 minutes)

 

10.1 - IPC’s RFR decision and Council’s subsequent letter (Damon Ashcraft)

Action Items: Staff to add as a potential discussion item for the 16 May meeting.

 

10.3 - Replacement of Council representative to the Continuous Improvement Program Community Coordination Group (CIP-CCG)

Action Items: On behalf of the GNSO Council, the GNSO Secretariat notifies the staff support for the CIP-CCG that Damon Ashcraft has assumed the role of GNSO Council representative, replacing Manju Chen, and thanks Damon for volunteering.

 

Thank you.

 

Kind regards,

 

Terri

Policy Team Supporting the GNSO

 

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