I concure with Robin. ICANN is no fast track to avoid regular legal and treaty process out of convinience. Thought the UDRP sets a contradicting precedence I do not believe that it is in the scope of ICANN to be involved into the game of what belongs to whom and how such disputes can be settled. Best, tom _____ Von: owner-council@gnso.icann.org [mailto:owner-council@gnso.icann.org] Im Auftrag von Robin Gross Gesendet: Mittwoch, 19. Dezember 2007 02:40 An: council@gnso.icann.org Betreff: Re: [council] Proposed motions for IGO DRP I think we need to have more discussion on this issue before we launch into a PDP with such a broad scope and unclear objective. I'd like to better understand what the "problem" is and why the proscribed recommendation is the right approach to take. The argument that' treaties take a long time and are difficult' isn't very convincing for why ICANN should try to circumvent legitimate legal processes. It seems that we haven't had enough information or discussion on this issue to rush into any pre-determined outcome yet. Where is the fire? Thanks, Robin On Dec 17, 2007, at 3:16 PM, Mike Rodenbaugh wrote: Thanks Avri. Thanks also to Olof for the redline document of Nov. 30, showing differences between the proposed DRP and the existing UDRP. I am not convinced that we need a PDP scoped so broadly, with a Task Force, and would prefer to limit the scope up front. I would much prefer to frame this PDP as proposed, limited amendments to the UDRP, to address IGO concerns -- rather than an entire new policy for such a small set of names. I think it would be far less controversial and easier to implement if we produce a set of amendments which can meet the concerns of IGOs, rather than an entirely new policy for IGO names. I also think it is much more important to devote substantial time to amending the URDP to make it more effective for ALL rights owners, asap in the New Year, than to focus so much effort on the concerns of relatively few IGOs. So, I would prefer to see Staff provide another document similar to Olof's redline, but showing recommended amendments to the existing UDRP, rather than a whole new policy. And then we should proceed with a more limited PDP. Accordingly, I propose a different motion re IGO DRP, as follows: Whereas: - The Issues Report for IGO (http://gnso.icann.org/issues/igo-names/issues-report-igo-drp-15jun07.pdf) has been released and discussed - and in response to a GNSO Council resolution the ICANN Staff has produced a proposal for an IGO dispute resolution procedure (http://gnso.icann.org/drafts/gnso-igo-drp-report-v2-28sep07.pdf) - and subsequent to GNSO resolution 20071120-1 to postpone the vote on commencing a PDP until 20 December 2007, the IPC prepared a proposal for a revised IGO DRP (http://gnso.icann.org/drafts/igo-domain-name-drp-28nov2007.pdf) Resolves: - The GNSO initiates a PDP to discuss amendments to the UDRP which would enable IGOs to pursue domain names referring to IGO names via the UDRP and, in the event of an unfavorable decision by a UDRP panel, to challenge that decision via a new appeal process to be added to the UDRP and which shall be limited to disputes regarding IGO names. - As initial material for the PDP, the following will be used: - the Issues report prepared by the staff http://gnso.icann.org/issues/igo-names/issues-report-igo-drp-15jun07.pdf - the DRP proposal prepared by the staff http://gnso.icann.org/drafts/gnso-igo-drp-report-v2-28sep07.pdf - the revised DRP proposal prepared by the IPC http://gnso.icann.org/drafts/igo-domain-name-drp-28nov2007.pdf - a new document to be prepared by Staff no later than January 12, 2008, showing proposed amendments to the UDRP based upon the IPC's Nov. 28th proposal, rather than an entirely new DRP proposal - Staff will request Constituency representatives by January 12, 2008, who shall meet and confer in order to recommend to Council, no later than January 26, 2008, whether or not a Task Force is needed for this PDP. At that point, Council can decide to accept that recommendation, or not, but the PDP would continue down one of the two paths in the Bylaws (Task Force, or Constituency Impact Statements). Also I am not clear about the proposed appeal process for IGOs, which I thought was the fundamental reason they wanted changes to the UDRP. Seems there would need to be a further arbitration agreement added to the Registration Agreement, that binds registrants to a further arbitration in the event of an IGO disputing a UDRP decision. The IPC's revised proposal says that any 'arbitral tribunal' with appropriate jurisdiction can hear an IGO's appeal, but isn't the only/best way for an arbitral tribunal to get jurisdiction over a registrant via the Registration Agreement? And doesn't that raise other questions about what arbitration providers and processes should be named in the contract? I am also curious why we are not considering a different approach to help out IGOs, much like ICANN protects itself and related organizations via the Reserved Names list. It seems rather easy for ICANN to add the Paris Convention 6ter list as Reserved Names in newTLDs. Of course that doesn't help IGOs with their concerns re existing TLDs, and so we still may need UDRP modifications, but seems to me at least worth consideration. Generally I do not see why IGO names should be treated differently than ICANN-related names, so perhaps we should also take ICANN-related names off the Reserved Names list, and make them subject to the new IGO-amended UDRP. Thanks, Mike Rodenbaugh -----Original Message----- From: owner-council@gnso.icann.org [mailto:owner-council@gnso.icann.org] On Behalf Of Avri Doria Sent: Monday, December 17, 2007 12:21 PM To: Council GNSO Subject: [council] Proposed motions for IGO DRP Hi, We have the vote on creating a PDP on the IGO DRP n the agnda for this week's meeting. the following are the proposed motions on this subject. they can be found in the motins page of docs.google.com). thanks a. -- Motion 1 on IGO-DRP: Whereas: - The Issues report for IGO (http://gnso.icann.org/issues/igo-names/issues-report-igo-drp-15jun07.pdf ) has been released and discussed - and in response to a council resolution the staff has produced a proposal for an IGO dispute resolution procedure (http://gnso.icann.org/drafts/gnso-igo-drp-report- v2-28sep07.pdf) - and subsequent to GNSO resolution 20071120-1 to postpone the vote on commencing a PDP until 20 December 2007, the IPC prepared a proposal for a revised IGO DRP (insert pointer) Resolves The GNSO will initiate a PDP to discuss the creation on a PDP on IGO dispute Resolution Procedures -- Motion 2 on IGO-DRP contingent on the success of Motion 1 on IGO-DRP Whereas the Council has decided to initiate a PDP on IGO-Dispute Resolution mechanism, a Task Force will be created according to the By- laws, section 5 of Annex A of the GNSO Policy Development Process. As initial material for the PDP, the following will be used: - the Issues report prepared by the staff http://gnso.icann.org/issues/igo-names/issues-report-igo-drp-15jun07.pdf - the DRP proposal prepared by the staff http://gnso.icann.org/drafts/gnso-igo-drp-report-v2-28sep07.pdf - the revised DRP proposal prepared by the IPC http://gnso.icann.org/drafts/igo-domain-name-drp-28nov2007.pdf -- Motion 3 on IGO-DRP contingent on the success of Motion 1 on IGO-DRP Whereas the Council has decided to initiate a PDP on IGO-Dispute Resolution mechanism, and whereas the holiday season is rapidly approaching, the schedule will be shifted out 2 weeks indicating that the requisite deadline for appointment of constituency representatives will be delayed until Jan 12 2008. IP JUSTICE Robin Gross, Executive Director 1192 Haight Street, San Francisco, CA 94117 USA p: +1-415-553-6261 f: +1-415-462-6451 w: http://www.ipjustice.org e: robin@ipjustice.org

Philip, I understand there was some talk on this issue 5 years ago, but that was before my time. I've only served on this council for 3 years and this is first time this request has crossed my desk. So I'm hoping that those who were on the council 5 years ago when this issue was discussed can say why this issue is so important we need to launch into this particular PDP now. I actually do think that if governments want to create special rights for IGO's they should go through international legal institutions to do that. Also if IGOs want the special rights, they can go through the same legitimate processes to get those rights. To make ICANN the 'go to place' for getting global policies that cannot be achieved through legitimate legal processes is a bad precedent for us to set. It invites bad policies that are forum shopping for an easy venue. Robin On Dec 19, 2007, at 1:02 AM, Philip Sheppard wrote:

Tom, Robin, fast track - we've been talking about this for 5 years !

Do you guys really want to encourage governments (think Brazil, China) to start a treaty on domain name protection ? Do you really think they would stop at the small list of IGOs ? Think IDN Treaty.

Philip

IP JUSTICE Robin Gross, Executive Director 1192 Haight Street, San Francisco, CA 94117 USA p: +1-415-553-6261 f: +1-415-462-6451 w: http://www.ipjustice.org e: robin@ipjustice.org