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.
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Susan Payne
Head of Legal Policy
Com Laude
T +44 (0) 20 7421 8250
Ext 255
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Error! Filename not specified.
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.
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.
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Susan Payne
Head of Legal Policy
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