From: Anne ICANN <anneicanngnso@gmail.com>
Date: Wednesday, November 12, 2025 at 8:29 AM
To: Terri Agnew <terri.agnew@icann.org>
Cc: farzaneh badii <farzaneh.badii@gmail.com>, "lawrence@microboss.org" <lawrence@microboss.org>, Nacho Amadoz <nacho@amadoz.cat>, "council@icann.org" <council@icann.org>, GNSO-Secs <gnso-secs@icann.org>
Subject: Re: [council] Re: Update to amended IGO/INGO Motion (former Motion 4)

Hi Council,

 

At this time, Option 4 has been updated with friendly amendment (3f)submitted by Susan P and seconded by Nacho.

f) The GNSO Council notes that procedures exist under the AGB and ICANN Bylaws that govern how a TLD application is treated, where an objection is filed or GAC advice is submitted against the string, pending resolution of the same.

 

Regarding Anne’s friendly amendment suggestion to Option 4 we would need both Susan and Nacho to agree to this as maker and seconder of option 4.

"The GNSO Council further instructs the IRT to include a provision in the Reserved Names section of the AGB advising potential applicants that ICANN will be notifying the Government Advisory Committee and the protected organizations of any applications received for strings deemed confusingly similar to the Reserved Names."

 

Option 1 has been noted as “withdrawn”

Option 2 and 3 have been left as is.

 

Motion wiki page: https://icann-community.atlassian.net/wiki/x/XKifBg

 

Please keep using the council@icann.org mailing list to help sort this all out before the meeting on 13 Nov.

 

Thanks all!

 

Terri

 

From: farzaneh badii <farzaneh.badii@gmail.com>
Date: Tuesday, November 11, 2025 at 9:16 PM
To: "lawrence@microboss.org" <lawrence@microboss.org>
Cc: Anne ICANN <anneicanngnso@gmail.com>, Nacho Amadoz <nacho@amadoz.cat>, "council@icann.org" <council@icann.org>, GNSO-Secs <gnso-secs@icann.org>
Subject: Re: [council] Re: Update to amended IGO/INGO Motion (former Motion 4)

 

Hi Lawrence

 

Can you please specify what option 3 is. I am personally against sending anything to be decided by the board and anything that leads to new policy creation l! IRT is in charge of this and will remain in charge. 

 

Best wishes 

Farzaneh 

 

 

On Tue, Nov 11, 2025 at 7:35 PM Lawrence O. Olawale-Roberts via council <council@icann.org> wrote:

Dear Council Members,

 

I am supportive of the new text in 3(f) for Motion 4 and also consider Anne’s edit as friendly. With its addition Motion 4 looks almost ready. 

 

Should Motion 4 not gather enough votes to sail through, in-order not to create a lacuna on the advise required to be provided (as we are only voting on one option, not between both options), it might be best to tie in Option 3 to the decision made, such that the board could still make a call on the issue.  

 

Where there is a mechanism for the board to still act without need for an amendment to Motion 4, then we can proceed to withdraw Option 2 and Option 3.

 

Lawrence.

 

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From: Anne ICANN <anneicanngnso@gmail.com>
Sent: Tuesday, November 11, 2025 4:15 PM
To: Nacho Amadoz <nacho@amadoz.cat>; Lawrence O. Olawale-Roberts <lawrence@microboss.org>
Cc: Susan Payne <susan.payne@comlaude.com>; council@icann.org <council@icann.org>; GNSO-Secs <gnso-secs@icann.org>
Subject: Re: [council] Re: Update to amended IGO/INGO Motion (former Motion 4)

 

Dear Council Members,

Regarding the IGO/INGO Reserved Names issue, Lawrence and I have agreed to withdraw Motion 1 since the language is more fully reflected in Motion 4.  Will staff please remove Motion 1 from the agenda as "Withdrawn"?  Regarding Motions 2 and 3, I defer to Lawrence as to possible withdrawal of  those Motions as he has expressed some concerns regarding the deletion of the original Paragraph 3(f) in Motion 4.  

 

I do have another friendly amendment to Motion 4 to propose and can explain as set out below:

 

With respect to the new Paragraph 3(f) friendly amendment, this appears to be a restatement of the fact that any application can be subject to Objection procedures and/or GAC Early Warning and/or GAC Consensus Advice.  In light of the GAC Communique language concerning this issue (see below), it appears that a third party applicant for a string confusingly similar to a Reserved Name protected string would be taking the risk of the application fee but perhaps without the knowledge that GAC Advice is likely to issue against any confusingly similar string.   The ICANN84 Communique states:

 

"The GAC takes note of ongoing discussions in the Subsequent Procedures Implementation Review
Team and GNSO Council concerning the inclusion of reserved Intergovernmental Organizations
(IGO) identifiers in the scope of String Similarity Evaluation in the Next Round of New gTLDs, in
which applied-for strings are evaluated for string similarity against the list of reserved strings. The
GAC takes note of letters from the ICANN Board and the ALAC to the GNSO Council supporting this
inclusion.
Against the backdrop of the GNSO policy recommendations for the introduction of new gTLDs that6
applied-for strings must not be confusingly similar to a reserved name, and must not infringe
existing legal rights, and the 2007 GAC Principles regarding New gTLDs that the introduction of new
gTLDs must make proper allowance for rights in the names and acronyms of IGOs, the GAC
continues to monitor this evolving topic, and anticipates further discussions and contributions
following the ICANN84 Dublin Meeting."

 

 

PROPOSED FRIENDLY AMENDMENT

 

To advance the principle of Predictability for applicants,  I would propose to Susan and Nacho a friendly amendment to the new Motion 4 which adds an instruction to the IRT at the very end as follows:  

 

"The GNSO Council further instructs the IRT to include a provision in the Reserved Names section of the AGB advising potential applicants that ICANN will be notifying the Government Advisory Committee and the protected organizations of any applications received for strings deemed confusingly similar to the Reserved Names."

 

Especially in light of the GAC comments, it seems only fair to let potential applicants know of the added notification process that is being adopted by the Board and endorsed by the Council in Motion 4.

 

Anne

 

Anne Aikman-Scalese

GNSO Councilor

NomCom Non-Voting 2022-2026

anneicanngnso@gmail.com

 

 

On Tue, Nov 11, 2025 at 3:49 AM Nacho Amadoz via council <council@icann.org> wrote:

Hi Susan and all, 

 

I confirm I would consider this amendment friendly. 

 

Thanks

 

Nacho

 

El 10 nov. 2025, a les 21:53, Susan Payne <susan.payne@comlaude.com> va escriure:

 

All

Following some discussion offline regarding the text of Motion 4, I am submitting one (hopefully) final amendment, which adds in an amended resolved clause 3(f), as follows:

 

3(f) The GNSO Council notes that procedures exist under the AGB and ICANN Bylaws that govern how a TLD application is treated, where an objection is filed or GAC advice is submitted against the string, pending resolution of the same.

 

The intention of this is not to create any new rights or procedures, but to note that procedures already exist as to the treatment of applied-for strings which are the subject of an objection of receive GAC advice.  

 

Nacho, as seconder, would you please confirm for the avoidance of doubt whether you would view this amendment as friendly?

 

Many thanks all.

 

Susan Payne Head of Legal Policy Com Laude T +44 (0) 20 7421 8250 Ext 255

 

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From: Lawrence O. Olawale-Roberts <lawrence@microboss.org>
Sent: 06 November 2025 18:06
To: Anne ICANN via council <council@icann.org>; Susan Payne <susan.payne@comlaude.com>
Cc: 'GNSO-Secs' <gnso-secs@icann.org>
Subject: Re: Amended IGO/INGO Motion (former Motion 4)

 

Dear Susan and All,

 

Thanks for picking the pen to suggest edits to this motion and all the work behind the scenes to arrive at a consensus on this one.

 

I see your updated motion now has Section 3(f) deleted, unfortunately this is the only section in the draft motion that provides some PROTECTION for the safeguard of strings on the reserved name list pending adequate action.  Many will agree that this draft motion without such protection especially for the IGO's that may be affected needs further work.

 

As we are made to understand in some quarters that this Option under discuss was preferred by some IRT members, it would be helpful to build around their thinking of how the reserved names would be protected for exact strings and similar strings as guidance towards coding this into our draft motion.

 

Where we have concensus on this language, i would propose that we consider substituting option 4 for option 1, whilst looking at a way forward on the other two options in the pool.

 

Lawrence.

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From: Susan Payne via council <council@icann.org>
Sent: Wednesday, November 5, 2025 6:34 PM
To: Anne ICANN via council <council@icann.org>
Cc: 'GNSO-Secs' <gnso-secs@icann.org>
Subject: [council] FW: Amended IGO/INGO Motion (former Motion 4)

 

Trying again with the correct address

 

Hi colleagues

 

Please find below a redline of the draft Motion (4) on the IGO/INGO issue.  The amendments are to remove para 3(f) to address concerns of the RySG.  There are a couple of minor clean-ups as well, as you will see.  I am hoping that Nacho will support this as a friendly amendment. 

 

Would you please seek voting instructions from your groups, we will vote on this on 13 November. 

 

Thanks

 

Redline:

 

Council Confirmation of Policy Intent regarding Specific IGO/INGO PDP Recommendations

Submitted By: Susan Payne

Seconded By: Nacho Amadoz

Whereas:

1.     In November 2013, the Working Group for the Protection of International Governmental Organizations (IGO) and International Non-Governmental Organizations (INGO) in All gTLDs completed a Policy Development Process (PDP) and submitted its Final Report [gnso.icann.org] to the GNSO Council;

2.     On 20 November 2013, the GNSO Council approved [gnso.icann.org] all the consensus recommendations in the PDP Final Report;

3.     On 30 April 2014, the ICANN Board approved those of the GNSO’s consensus recommendations that were not inconsistent with advice received from the Governmental Advisory Committee (GAC) on the topic of IGO and INGO protections, which recommended top-level protections for specific identifiers associated with the Red Cross Red Crescent Movement and the International Olympic Committee and the full names of specific International Governmental Organizations and International Non-Governmental Organizations “the protected organizations”);

4.     In the context of implementing the PDP Recommendations in the Next Round Applicant Guidebook, the implementation staff and the Implementation Review Team (IRT) discussed potential alternatives for the implementation of Recommendations 3.1.1, 3.1.2, 3.2.1, 3.2.2, 3.3.1, 3.3.2, 3.4.1 and 3.4.2 from the Protection of IGO and INGO in All gTLDs PDP (“the Applicable Recommendations”), the so-called “Options 1 and 2” as set out in the staff briefing  [icann-community.atlassian.net] but could not reach agreement on which option properly reflects the intent and scope of the protections afforded by the Applicable Recommendations.

5.     On 15 September 2025 staff referred this matter to the GNSO Council for guidance on the interpretation of the Applicable Recommendations, as a late addition to the agenda of the GNSO Council meeting on 18 September 2025.

6.     On 16 September 2025, the ICANN Board sent correspondence to the GNSO Council, providing the Board’s interpretation of the relevant recommendations, while acknowledging that the decision resides with the Council;

7.     The Council discussed the request for guidance during its meeting on 18 September,  Extraordinary Meeting on 9 October 2025, and meeting on 29 October 2025; and,

8.     The Council has now carefully considered the natural meaning and original intent of Recommendations 3.1.1, 3.1.2, 3.2.1, 3.2.2, 3.3.1, 3.3.2, 3.4.1 and 3.4.2 from the Protection of IGO and INGO in All gTLDs PDP.

 

Resolved:

1.     The GNSO Council confirms that the intent of the Applicable Recommendations is only to ensure that no organization other than the protected organization can apply for the exact match of the specific, protected  identifier associated with that organization, and that as such,  Reserved Name strings are now placed in the category formerly-termed “ineligible for delegation” under paragraph 2.2.1.2.3 of the 2012 Round AGB.  Accordingly, the relevant identifiers shall not be included in the String Similarity Evaluation in the New gTLD Program and such a relevant identifier shall not operate as a bar to an application by another applicant for a string that could be considered potentially confusingly similar during that evaluation.  Objection proceedings and GAC Advice could still be brought against such a third-party application, where applicable, in the usual manner. Pursuant to existing policy, any application submitted by a protected organization for its protected string would remain subject to existing policy barring delegation if such string is found to be visually-confusingly similar to a string previously delegated. Option 1 would align with this interpretation.

 

2.              The GNSO Council acknowledges that this was a difficult issue.  Although the majority support this interpretation as best reflecting the intent of the policy recommendations, which were made more than a decade ago, this view was not unanimous.  It is clear that reasonable people can differ as to this intent.

 

3.              The GNSO appreciates the Board’s consideration of steps which could be taken to ensure that the protected organizations and GAC are made aware, if any application for a confusingly similar string were to be submitted, as set out in the penultimate paragraph of the Board’s letter of 26 September 2025.  The GNSO Council would support and encourage the following steps:

a) The application process must prominently display and clearly communicate the Reserved Names list this List so that TLD applicants are fully aware of its existence and implications prior to filing its choice of the TLD string. 

b) That Org should contact the relevant protected organizations after String Confirmation Day to ensure they are aware of any applied-for strings that could be considered confusingly similar to those on the Reserved Names list, and are aware of their options for bringing formal Objection or seeking support of the GAC.

c) That Org should also contact the GAC after String Confirmation Day to ensure that the GAC are aware of any applied-for strings that could be considered confusingly similar to those on the Reserved Names list, in order that GAC members may consider whether any Early Warning(s) or GAC Consensus Advice would be appropriate.

d) We also would encourage the GAC to contact the relevant protected organizations to ensure that they are aware of any the applied-for strings and can decide whether to utilize any challenge methods outlined in the AGB. 

e) That Org should also notify the applicant of the confusingly similar string, and give them the option to withdraw for an appropriate refund.

f) The GNSO Council encourages the Board to ensure that Org puts appropriate mechanisms in place to safeguard the strings on the Reserved Names List, pending the conclusion of the Objection period, the outcome of any filed Objection, the outcome of any GAC Consensus Advice against a confusingly similar string, or confirmation from the GAC that it does not intend to issue Consensus Advice.  Such an appropriate mechanism might include placing any confusingly similar application on hold, pending such resolution.   

 

4.              If the Board considers it timely for the existing policy to be reviewed, the GNSO Council would invite the Board to request an issues report for further potential policy work which might apply to subsequent future rounds.  The GNSO Council assumes that Org would again be instructed to take any steps considered appropriate to safeguard the strings on the Reserved Names List from any confusingly similar applications, which might be submitted in any application round pending the future conclusion of such policy work.  

 

 

Susan Payne    Head of Legal Policy

<image008.png>

28 Little Russell Street, London WC1A 2HN, UK T +44 (0) 20 7421 8250 Ext 255

comlaude.com

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