Many thanks Susan.  This does indeed demonstrate why the question is complicated.  Completely agree that the question is NOT "which option does Council prefer?"  The question is exactly as you have stated it  - which option properly reflects the policy Recommendations relative to these "protected strings" ?

Those supporting Option 1 point to the fact that it was clear in the 2012 round AGB language that no String Similarity review would occur as against the "names ineligible for delegation".  Thus, their position is that this 2012 AGB language governs in the 2026 round. (Was this AGB language based on a policy or was it implementation due to the fact that these "strings ineligible for delegation" could not be delegated at all hence no chance of similar names being added to the root? )

As I understand ICANN staff and those supporting Option 2, they believe that the policy for what are now referred to as "Reserved Names" requires a change to the 2012 AGB language since the new policy Recommendations have resulted in an Exception process whereby the Reserved Names may actually be delegated if applied for by the "protected organization".  (It appears this position depends on the view that the 2012 AGB language specifying that no String Similarity review would be conducted was implementation and not policy.)

Is it the Council's conclusion that the 2012 AGB language cited below  re no String Similarity review for these names constitutes policy?  

To be clear, it is agreed that the consequence of Option 1 is that the Reserved Names would only be protected against similar names if the Reserved Name is applied for by the protected organization in the 2026 round OR if no similar name were delegated first in the 2026 or a later round. This is because it is affirmed policy that no subsequent application for a TLD can be delegated if found in String Similarity Review to be similar to a pre-existing TLD.  I believe that is why the Board stated in its letter to Council that it would have to notify the "protected organization" of a similar name application if the Council advises the IRT to implement Option 1.  (Such notification would permit a timely Objection process.)

I depend on Susan to correct any errors in the above observations.  It may also be worth repeating that no one wants a delay in the next round.  That is why we are expediting  the Council advice to the IRT.

GNSO staff has advised and drafted a Motion in the alternative which will reach your inboxes with appropriate WHEREAS clauses sometime later today when finalized.

Anne

Anne Aikman-Scalese
GNSO Councilor
NomCom Non-Voting 2022-2026
anneicanngnso@gmail.com


On Mon, Sep 29, 2025 at 2:22 AM Susan Payne <susan.payne@comlaude.com> wrote:

Paul, All

It may be semantics, but we should be clear that the question for Council is not “Option 1 or Option 2?” per se, but “what is the meaning and intent of the existing policy recommendations and consequently which, if either, of Option 1 or Option 2 aligns with that”. 

 

So that everyone again has them conveniently to hand, the relevant IGO-INGO PDP recommendations (which SubPro then affirmed) are as follows:

 

3.1.1: “Top-Level protections of Exact Match, Full Name Scope 1 identifiers of the Red Cross Red Crescent Movement are placed in the Applicant Guidebook section 2.2.1.2.3, Strings "Ineligible for Delegation"

3.1.2: “For Red Cross Red Crescent Movement identifiers, if placed in the Applicant Guidebook as ineligible for delegation at the Top-Level, an exception procedure should be created for cases where a protected organization wishes to apply for their protected string at the Top-Level.”

 

These are the recommendations on Red Cross names.  There are equivalent versions covering IOC, IGO and INGO names. 

 

The section of the 2012 AGB which is referenced in the IGO/INGO recommendations is as follows (in full):

 

2.2.1.2.3   Strings Ineligible for Delegation

The following names are prohibited from delegation as gTLDs in the initial application round. Future application rounds may differ according to consideration of further policy advice.

 

These names are not being placed on the Top-Level Reserved Names List, and thus are not part of the string similarity review conducted for names on that list. Refer to subsection 2.2.1.1: where applied-for gTLD strings are reviewed for similarity to existing TLDs and reserved names, the strings listed in this section are not reserved names and accordingly are not incorporated into this review.

 

Applications for names appearing on the list included in this section will not be approved.


 

International Olympic Committee	
OLYMPIC	OLYMPIAD	OLYMPIQUE	
OLYMPIADE	OLYMPISCH	OLÍMPICO	
OLIMPÍADA	أوﻟﻴﻤﺒﻲ	أوﻟﻴﻤﺒﻴﺎد	
奥林匹克	奥林匹亚	奧林匹克	
奧林匹亞	Ολυμπιακοί	Ολυμπιάδα	
올림픽	올림피아드	Олимпийский	
Олимпиада
1IB nternational Red Cross and Red Crescent Movement
REDCROSS	REDCRESCENT	REDCRYSTAL
REDLIONANDSUN	MAGENDDAVIDADOM	REDSTAROFDAVID
CROIXROUGE	CROIX-ROUGE	CROISSANTROUGE
CROISSANT-ROUGE	CRISTALROUGE	CRISTAL-ROUGE
מגן דוד אדום	CRUZROJA	MEDIALUNAROJA
CRISTALROJO	Красный Крест	Красный Полумесяц
Красный Кристалл	رمحألا بيلصلا	لالهلا رمحألا
ءارمحلا ةرولبلا	اﻟﻛرﻳﺳﺗﺎﻟﺔ اﻟﺣﻣراء	紅十字
红十字	紅新月	红新月
紅水晶	红水晶

 

Finally, a reminder that terminology has been changed for the next Round(s), which can lead to confusion:

 

2012 Round                                   New Rounds

Reserved                                       Blocked

Ineligible for delegation             Reserved

 

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

 

 

 

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From: Paul McGrady via council <council@icann.org>
Sent: 29 September 2025 05:00
To: Anne ICANN <anneicanngnso@gmail.com>
Cc: council@icann.org
Subject: [council] Re: Draft Proposal: Board Reversal of its Adoption of a GNSO PDP Recommendation

 

Hi Anne. Thanks for your email to the list. You are entitled to your view, of course, and I wouldn’t presume to tell you not to make it more complicated than it is. The bottom line here is that the Board and the staff both seem to prefer Option 2 and there is no alignment among the IRT members, much less the staff, that Option 2 requires any policy change. The question for Council is does it recommend to staff and Board that they proceed with Option 2 and wrap up the Guidebook on time or does Council attempt to put its thumb on the scale for an unmeasured fraction of IRT members that have a different view and rush delays and/or triggering a bunch of GAC advice during the evaluation proved that could have been avoided.  May be complicated for some; seems straightforward to me. 

 

Best,

Paul

 

Sent from my iPhone



On Sep 28, 2025, at 7:02PM, Anne ICANN <anneicanngnso@gmail.com> wrote:



Hi Paul - just a reminder that ICANN Staff asked for Council direction on the Options.  Not everyone on the IRT agreed with Option 1.  Staff supports Option 2 and there are some on the IRT who agree.  There was also a proposal for a third option which came out of the IRT so please don't make this sound as though the topic is simple and that Council is somehow pushing to intervene.

 

The Extraordinary Meeting is a Council Action Item from our September meeting.  It provides an opportunity for a full discussion of a fairly complex issue.  Susan and I agree, as Co-Liaisons, that the question before the Council is -  which Option properly reflects the intent of the policy Recommendations?  (Everyone seems to agree that the third option involves a policy change so we are not bringing that before Council.)  

 

Susan and I have heard directly from GNSO staff that clear direction from Council to ICANN Org will be helpful.  With staff's help, we are finalizing a Motion to be distributed on Monday with appropriate background which will enable Councilors to fully brief their Cs and SGs.  

 

Anne

 

Anne Aikman-Scalese

GNSO Councilor

NomCom Non-Voting 2022-2026

 

 

On Sat, Sep 27, 2025 at 11:15AM Paul McGrady <paul@elstermcgrady.com> wrote:

Thanks Anne. 

 

All, I hope we don’t take a full hour discussing the Reserved Names issue. It is pretty straightforward. We have a disagreement between the Staff whose job it is to implement policy and members of the IRT whose job it is to advise Staff. Staff doesn’t believe that implementing Option 2 requires any new policy. Certain members of the IRT disagree. What is being asked of Council is whether or not, in what appears to be both a close call on whether or not Staff would be making policy and such policy would only affect applicants in the most outlier of all cases (i.e. applicants unwisely applying for similar things to the Reserved Names), Council wants to take the extraordinary step of interfering in the relationship between the Staff (implementors) and the Board (adopters of policy and supervisor of Staff). For me, that is an easy “no.”  If this were a clear-cut case of Staff being wrong or Staff hemming and hawing, that would be a different matter and I would be the first one passing out the picket signs. 😊  I hope we can dispatch this topic quickly in the extraordinary (well named!) meeting and also have time to consider the items Steve raises since it is a topic that was front and center in our Special Session in DC and it would be wonderful to wrap up that work this term ends.

 

Best,

Paul

 

 

 

From: Anne ICANN via council <council@icann.org>
Sent: Saturday, September 27, 2025 8:53 AM
To: Steve Chan <steve.chan@icann.org>
Cc: council@icann.org
Subject: [council] Re: Draft Proposal: Board Reversal of its Adoption of a GNSO PDP Recommendation

 

Thanks Steve.  I don't think we can add this item to the agenda for the special meeting on October 9.  We should not cut short the time to discuss the topic of Reserved Names and associated String Similarity implementation issues.  Councilors will have plenty of work to brief Cs and SGs for that special meeting when the draft Motion is published on Monday the 29th (10 days before the special meeting).

 

I have not had a chance to review these Board reversal redlines to our Operating Procedures and PDP and EPDP manuals, but wanted to ask whether we can add this to the agenda for our working session in Dublin?  Hopefully that working session takes place prior to our meeting with the Board.

 

Thank you,

Anne

 

Anne Aikman-Scalese

GNSO Councilor

NomCom Non-Voting 2022-2026

 

 

On Fri, Sep 19, 2025 at 2:37PM Steve Chan via council <council@icann.org> wrote:

Dear Councilors,

 

I have an update on the development of the draft redlines for the ICANN Board’s non-adoption of previously adopted GNSO policy recommendations. Having neither seen nor heard any objections, staff has developed proposed redlines to the relevant procedural manuals.

 

 

Staff would like to propose that Councilors review these redlines with their respective groups and provide comments or concerns on Council list. In the likely event that a special meeting will need to be scheduled for the SubPro Reserved Names issue, perhaps this topic can be added for a brief discussion as well; the scheduling of that meeting can help dictate the deadline for feedback on the updated manuals. These next steps are proposed with an eye towards putting the Council in a position where it’s able to discuss the proposed redlines with the Board at ICANN84.

 

Best,

Steve

 

 

 

From: Steve Chan via council <council@icann.org>
Reply-To: Steve Chan <steve.chan@icann.org>
Date: Tuesday, August 19, 2025 at 3:52
PM
To: "council@icann.org" <council@icann.org>
Subject: [council] Draft Proposal: Board Reversal of its Adoption of a GNSO PDP Recommendation

 

Dear Councilors,

 

You will likely recall that during the Council’s last Strategic Planning Session (SPS), the Council came to general agreement on the approach for the ICANN Board to reverse its adoption of a GNSO recommendation. The action item from the SPS was to identify the proper place to document that generally agreed upon process. Your GNSO support staff has coordinated with ICANN legal to determine the most appropriate location to capture the process and in short, the recommendation is to update the EPDP, PDP, and GGP Manuals.

 

In the attached document, you will see a briefing document that contains about 2.5 pages of text that explains the thought process and rationale for the approach; if you’re able to recall the conversation at the SPS, this text should feel very familiar. What has been included on page 3 is a very brief analysis on which documentation is most appropriate for capturing the process, which specific section could be updated, and the nature of the changes.

 

Proposed next steps:

  • Council to review the attached document and in particular, consider the suggestion of where to document the process, and provide any questions or concerns by 27 August.
  • If there are no substantive concerns on how to capture the process, staff to develop proposed redlines to the EPDP, PDP, and GGP Manuals, in time for discussion by the Council during the September meeting.
  • Again, if no substantive concerns, the ICANN Board and GNSO Council can discuss the proposed redlines during their bilateral at ICANN84.
  • Once there is a set of mutually agreed upon (i.e., Board and Council) redlines, the amended GNSO Operating Procedures would be put out for public comment, as is required for such changes.

 

The proposed next steps assume that there are no major concerns that need to be addressed along the way; if that turns out to not be the case, then intervening discussion can and would of course take place, pushing out timelines as needed.

 

If you have any questions or concerns, about either the attached documentation or the proposed next steps, please do let us know.

 

Best,

Steve

 

 

Steven Chan

VP, Policy Development Support & GNSO Relations

 

Internet Corporation for Assigned Names and Numbers (ICANN) 

12025 Waterfront Drive, Suite 300

Los Angeles, CA 90094-2536

                                                                  

Email: steve.chan@icann.org

Skype: steve.chan55

Mobile: +1.310.339.4410

 

Find out more about the GNSO by visiting: https://learn.icann.org/

Follow @GNSO on Twitter: https://twitter.com/ICANN_GNSO

Transcripts and recordings of GNSO Working Group and Council events are located on the GNSO Master Calendar 

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