RE: [council] Request for clarification from IOC-RC Drafting Team
Mason, Your statement is true only at the top level and ignores the bulk of the GAC request which relates to the second level. The GNSO has yet to make any recommendations nor respond to the GAC with regards to second level protections. This is why I have asked for this item to be a "discussion". I am not saying that the GNSO should accept of reject the GAC recommendations at the second level, but we need to at least give those recommendations some analysis. Whether that is through the GNSO directly or through a drafting team is the real item up for discussion. I strongly suggest we lay the facts on the table at the Council meeting and have a productive conversation on the next call. Thanks. Sent with Good (www.good.com) -----Original Message----- From: Mason Cole [mailto:mcole@nameking.com] Sent: Wednesday, April 25, 2012 07:25 PM Eastern Standard Time To: William Drake; Stéphane Van Gelder Cc: council@gnso.icann.org Subject: RE: [council] Request for clarification from IOC-RC Drafting Team All -- What I read is this: - The GAC asked for protections for IOC/RC - The GNSO Council voted to recommend to the board to provide protections in time for first round - The Board declined - The IOC/RC DT work is concluded UNLESS... - We want to keep the DT in place to a) communicate to the GAC on behalf of the GNSO, and b) pick up work on the now passed IGO motion OR... - We disband the IOC/RC DT and form a new DT to address the IGO issue later In any case, I believe we should communicate to the GAC. I would like the GNSO's position on record that we supported their request on the basis of their representation that IOC/RC have special protections above the level of those afforded IGOs and others. I don't know if others are willing to sign on to that position, but I believe it is important to get across. ICANN is already receiving other requests for all manner of protection, and boundaries should be clear. -----Original Message----- From: owner-council@gnso.icann.org on behalf of William Drake Sent: Sat 4/21/2012 1:46 AM To: Stéphane Van Gelder Cc: council@gnso.icann.org Subject: Re: [council] Request for clarification from IOC-RC Drafting Team I can't help noticing that this sounds rather similar to a statement that was described in SJ as a slap in the GAC's face, the end of the GNSO Council, and an impediment to life saving work.. Bill On Apr 20, 2012, at 7:16 PM, Stéphane Van Gelder wrote: Councillors, The Board rationale for the IOC/RC resolution has now been provided. Please see here: http://www.icann.org/en/groups/board/documents/prelim-report-new-gtld-10apr1... Stéphane Van Gelder Directeur Général / General manager INDOM Group NBT France ---------------- Head of Domain Operations Group NBT Le 19 avr. 2012 à 04:26, Neuman, Jeff a écrit : Thanks to Mary for sending this note to the Council and I agree that clarification is needed. I do want to note a couple of points that were perhaps implicit in Mary's note, but not stated. Yes, a coup,e of people from the NCSG questioned whether this group should continue, others from other constituencies and SGs did believe that the DT could still continue. Even if ultimately a new group were formed in response to a PDP, the work of the DT could be used to inform the PDP process. So, one of the options included in Mary's e-mail is keeping the Drafting Team in place on the narrow issue of advising the GNSO on Its response to the GAC proposal dated September 14, 2011. Whether or not we keep the drafting team in place, we do owe the GAC a response to its proposal, which is now over 7 months old. The other thing to keep in mind is that a Preliminary Issue report will not be out until Prague and a final one by the Toronto meeting. This would be when the formal PDP would be launched and would also be over 12 months from when The GAC made its proposal to the GNSO regarding the IOC-RC names. So, let's get the discussion started at the Council to provide direction. Sent with Good (www.good.com <http://www.good.com/> ) -----Original Message----- From: Mary.Wong@law.unh.edu [mailto:Mary.Wong@law.unh.edu] Sent: Wednesday, April 18, 2012 08:27 PM Eastern Standard Time To: council@gnso.icann.org Subject: [council] Request for clarification from IOC-RC Drafting Team Dear Councilors, A question has arisen in the IOC-RC Drafting Team (DT), which as you'll recall was formed by the Council at the conclusion of the Dakar meeting to formulate an appropriate GNSO response to the GAC request of September 2011, regarding specific protections for the IOC and RCRC. In light of certain recent events, i.e. the April passage of a recent GNSO Council motion and two relevant Board resolutions, the DT requests clarification from the Council as to whether or not it is to continue with its discussions regarding second level protections for these two organizations. Since the DT is not a formal GNSO Working Group (WG), it does not have a formal charter that sets out clearly the scope of its work, which in any event may in the view of some have been superseded by these recent events anyway. While some in the DT believe there is no reason not to continue its deliberations for second level protections relating to the IOC and RCRC, others prefer that the Council (which was the body that formed it) provide further direction. Options include disbanding the DT in light of the pending Issue Report, forming a WG that would supersede it, or suspend the DT's work until either the Board's rationale for its resolutions is available or the conclusion of the Issue Report process (or both). Can the Council please provide some guidance on this question? FYI the language of our recent motion and the Board resolutions are: - The Council's recent passage of a motion to request an Issue Report on whether certain international organizations (to be defined/described) should be given additional protections at the top and second levels in the new gTLD program: http://gnso.icann.org/resolutions/#201204; - The Board's recent resolution not to make further changes to the AGB at this time despite the Council's earlier passage of a motion recommending the adoption of the DT's proposals for additional protections for the IOC and RCRC: http://www.icann.org/en/groups/board/documents/resolutions-new-gtld-10apr12-... (GNSO Council motion: http://gnso.icann.org/resolutions/#201203); and - The Board's recent resolution to request a staff briefing paper on defensive registrations and second level protections as well as for the GNSO to consider whether "additional work on defensive registrations at the second level" should be undertaken: http://www.icann.org/en/groups/board/documents/resolutions-new-gtld-10apr12-.... Thanks and cheers Mary Mary W S Wong Professor of Law Chair, Graduate IP Programs Director, Franklin Pierce Center for IP UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAW Two White Street Concord, NH 03301 USA Email: mary.wong@law.unh.edu Phone: 1-603-513-5143 Webpage: http://www.law.unh.edu/marywong/index.php Selected writings available on the Social Science Research Network (SSRN) at: http://ssrn.com/author=437584
No objection to the discussion at all, Jeff. I'm aware of the request re second level, though speaking personally the same philosophy holds for me. Looking forward to the discussion on the DT. -----Original Message----- From: Neuman, Jeff [mailto:Jeff.Neuman@neustar.us] Sent: Wed 4/25/2012 4:36 PM To: Mason Cole; 'William Drake'; 'Stéphane Van Gelder' Cc: council@gnso.icann.org Subject: RE: [council] Request for clarification from IOC-RC Drafting Team Mason, Your statement is true only at the top level and ignores the bulk of the GAC request which relates to the second level. The GNSO has yet to make any recommendations nor respond to the GAC with regards to second level protections. This is why I have asked for this item to be a "discussion". I am not saying that the GNSO should accept of reject the GAC recommendations at the second level, but we need to at least give those recommendations some analysis. Whether that is through the GNSO directly or through a drafting team is the real item up for discussion. I strongly suggest we lay the facts on the table at the Council meeting and have a productive conversation on the next call. Thanks. Sent with Good (www.good.com) -----Original Message----- From: Mason Cole [mailto:mcole@nameking.com] Sent: Wednesday, April 25, 2012 07:25 PM Eastern Standard Time To: William Drake; Stéphane Van Gelder Cc: council@gnso.icann.org Subject: RE: [council] Request for clarification from IOC-RC Drafting Team All -- What I read is this: - The GAC asked for protections for IOC/RC - The GNSO Council voted to recommend to the board to provide protections in time for first round - The Board declined - The IOC/RC DT work is concluded UNLESS... - We want to keep the DT in place to a) communicate to the GAC on behalf of the GNSO, and b) pick up work on the now passed IGO motion OR... - We disband the IOC/RC DT and form a new DT to address the IGO issue later In any case, I believe we should communicate to the GAC. I would like the GNSO's position on record that we supported their request on the basis of their representation that IOC/RC have special protections above the level of those afforded IGOs and others. I don't know if others are willing to sign on to that position, but I believe it is important to get across. ICANN is already receiving other requests for all manner of protection, and boundaries should be clear. -----Original Message----- From: owner-council@gnso.icann.org on behalf of William Drake Sent: Sat 4/21/2012 1:46 AM To: Stéphane Van Gelder Cc: council@gnso.icann.org Subject: Re: [council] Request for clarification from IOC-RC Drafting Team I can't help noticing that this sounds rather similar to a statement that was described in SJ as a slap in the GAC's face, the end of the GNSO Council, and an impediment to life saving work.. Bill On Apr 20, 2012, at 7:16 PM, Stéphane Van Gelder wrote: Councillors, The Board rationale for the IOC/RC resolution has now been provided. Please see here: http://www.icann.org/en/groups/board/documents/prelim-report-new-gtld-10apr1... Stéphane Van Gelder Directeur Général / General manager INDOM Group NBT France ---------------- Head of Domain Operations Group NBT Le 19 avr. 2012 à 04:26, Neuman, Jeff a écrit : Thanks to Mary for sending this note to the Council and I agree that clarification is needed. I do want to note a couple of points that were perhaps implicit in Mary's note, but not stated. Yes, a coup,e of people from the NCSG questioned whether this group should continue, others from other constituencies and SGs did believe that the DT could still continue. Even if ultimately a new group were formed in response to a PDP, the work of the DT could be used to inform the PDP process. So, one of the options included in Mary's e-mail is keeping the Drafting Team in place on the narrow issue of advising the GNSO on Its response to the GAC proposal dated September 14, 2011. Whether or not we keep the drafting team in place, we do owe the GAC a response to its proposal, which is now over 7 months old. The other thing to keep in mind is that a Preliminary Issue report will not be out until Prague and a final one by the Toronto meeting. This would be when the formal PDP would be launched and would also be over 12 months from when The GAC made its proposal to the GNSO regarding the IOC-RC names. So, let's get the discussion started at the Council to provide direction. Sent with Good (www.good.com <http://www.good.com/> ) -----Original Message----- From: Mary.Wong@law.unh.edu [mailto:Mary.Wong@law.unh.edu] Sent: Wednesday, April 18, 2012 08:27 PM Eastern Standard Time To: council@gnso.icann.org Subject: [council] Request for clarification from IOC-RC Drafting Team Dear Councilors, A question has arisen in the IOC-RC Drafting Team (DT), which as you'll recall was formed by the Council at the conclusion of the Dakar meeting to formulate an appropriate GNSO response to the GAC request of September 2011, regarding specific protections for the IOC and RCRC. In light of certain recent events, i.e. the April passage of a recent GNSO Council motion and two relevant Board resolutions, the DT requests clarification from the Council as to whether or not it is to continue with its discussions regarding second level protections for these two organizations. Since the DT is not a formal GNSO Working Group (WG), it does not have a formal charter that sets out clearly the scope of its work, which in any event may in the view of some have been superseded by these recent events anyway. While some in the DT believe there is no reason not to continue its deliberations for second level protections relating to the IOC and RCRC, others prefer that the Council (which was the body that formed it) provide further direction. Options include disbanding the DT in light of the pending Issue Report, forming a WG that would supersede it, or suspend the DT's work until either the Board's rationale for its resolutions is available or the conclusion of the Issue Report process (or both). Can the Council please provide some guidance on this question? FYI the language of our recent motion and the Board resolutions are: - The Council's recent passage of a motion to request an Issue Report on whether certain international organizations (to be defined/described) should be given additional protections at the top and second levels in the new gTLD program: http://gnso.icann.org/resolutions/#201204; - The Board's recent resolution not to make further changes to the AGB at this time despite the Council's earlier passage of a motion recommending the adoption of the DT's proposals for additional protections for the IOC and RCRC: http://www.icann.org/en/groups/board/documents/resolutions-new-gtld-10apr12-... (GNSO Council motion: http://gnso.icann.org/resolutions/#201203); and - The Board's recent resolution to request a staff briefing paper on defensive registrations and second level protections as well as for the GNSO to consider whether "additional work on defensive registrations at the second level" should be undertaken: http://www.icann.org/en/groups/board/documents/resolutions-new-gtld-10apr12-.... Thanks and cheers Mary Mary W S Wong Professor of Law Chair, Graduate IP Programs Director, Franklin Pierce Center for IP UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAW Two White Street Concord, NH 03301 USA Email: mary.wong@law.unh.edu Phone: 1-603-513-5143 Webpage: http://www.law.unh.edu/marywong/index.php Selected writings available on the Social Science Research Network (SSRN) at: http://ssrn.com/author=437584
participants (2)
-
Mason Cole -
Neuman, Jeff