Dear Bruce, dear all,
Thank you to Bruce for sharing the draft
paragraph for the Board Resolution on the Red Cross and Red Crescent names
and identifyers' protections.
Please find enclosed a few suggestions
on the draft paragraph - including on both its preambular sections recalling
the outcomes of last Saturday's facilitated dialogue and on the operative
sections.
We were also considering whether the
Resolution should not be more precise in defining a timeline for the conclusion
of the GNSO review (as far as possible) by ICANN 59 in Johannesburg.
Kind regards,
Stéphane Hankins
Legal adviser
Cooperation and coordination within the Movement
International Committee of the Red Cross
Tel (direct line): ++0041 22 730 24 19
From:
Bruce Tonkin <Bruce.Tonkin@melbourneit.com.au>
To:
"discussion-igo-rc@icann.org"
<discussion-igo-rc@icann.org>
Date:
14.03.2017 14:41
Subject:
[Discussion-igo-rc]
Possible text for a Board resolution following the discussion on Red Cross
on Saturday morning
Sent by:
discussion-igo-rc-bounces@icann.org
Hello All,
At the conclusion for the discussion on protection for names of the International
Red Cross and Red Crescent Movement, the GNSO delegation proposed that
the Board formally ask the GNSO to investigate.
Here is some possible text of a Board resolution that could be passed on
Thursday for your comment:
"Whereas, during the facilitated discussion, the affected parties
discussed the following matters:
(1)
The list of the names of the Red Cross and Red Crescent National Societies
is a finite, limited list of specific names recognized within the International
Red Cross and Red Crescent Movement (see http://www.ifrc.org/Docs/ExcelExport/NS_Directory.pdf)
;
(2)
The GAC's rationale for seeking permanent protection for the terms most
closely associated with the International Red Cross and Red Crescent Movement
and its respective components is grounded in the protections of the designations
"Red Cross", "Red Crescent", "Red Lion and Sun",
and "Red Crystal" under international treaty law and under multiple
national laws;
(3)
There are no other legitimate uses for these terms; and
(4)
The public policy considerations associated with protecting the International
Red Cross and Red Crescent Movement identifiers in the domain name system
(DNS).
Whereas, the participants in the facilitated discussion took note that,
following the completion of the GNSO PDP, the GAC provided additional guidance
as to the specific International Red Cross and Red Crescent Movement identifiers
for which protections were being sought.
Whereas, the Board has considered the outputs from the facilitated discussion
in the context of ICANN's mission and ICANN's commitment to carry out its
mission in conformity with relevant principles of international law and
international conventions and applicable local law, as expressed in ICANN's
Bylaws.
Resolved (xx.xx.2017.xx), the Board requests that the GNSO initiate its
process for Amendments or Modifications of Approved Policies, as described
in Section 16 of the GNSO PDP Manual, to consider amending Recommendation
5 in Section 3.1. of the PDP Working Group Final Report to duly take into
account the public policy advice to reserve the finite list of names of
the Red Cross and Red Crescent National Societies, as recognized within
the International Red Cross and Red Crescent Movement, in all gTLDs.
Regards,
Bruce Tonkin
[attachment "NS_Directory.pdf" deleted by Stephane Hankins/DIR_GEN_MOUV_CHF/GVA/ICRC]
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