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Agenda and draft document for WG call on Wednesday 3 December 2014
by Jim Bikoff Dec. 8, 2014

Dec. 8, 2014

Phil, Suggested revisions attached. Best, Jim James L. Bikoff Silverberg, Goldman & Bikoff, LLP 1101 30th Street, NW Suite 120 Washington, DC 20007 Tel: 202-944-3303 Fax: 202-944-3306 jbikoff(a)sgbdc.com<mailto:jbikoff@sgbdc.com> From: gnso-igo-ingo-crp-bounces(a)icann.org<mailto:gnso-igo-ingo-crp-bounces@icann.org> [gnso-igo-ingo-crp-bounces(a)icann.org] on behalf of Mary Wong [mary.wong(a)icann.org] Sent: Tuesday, December 02, 2014 3:54 PM To: gnso-igo-ingo-crp(a)icann.org<mailto:gnso-igo-ingo-crp@icann.org> Subject: [Gnso-igo-ingo-crp] Agenda and draft document for WG call on Wednesday 3 December 2014 Dear all, Here is the proposed agenda as well as a document for review and discussion during our next WG call on Wednesday 3 December 2014: 1. Roll Call/Updates to SOI 2. Updates on previous Action Items (Mason Cole/ICANN staff) 3. Discussion of draft letter to GNSO Stakeholder Group/Constituency chairs (note that the final version can also be tweaked, as necessary, for sending to SO/AC chairs outside the GNSO) 4. [if time permits] Commence discussions of next Work Plan task: "Develop potential considerations (e.g. qualifying requirements, authentication criteria and appeal processes) for IGOs and INGOs that would be relevant to their use of dispute resolution proceedings (existing or new)" 5. Next steps Thanks and cheers Mary Mary Wong Senior Policy Director Internet Corporation for Assigned Names & Numbers (ICANN) Telephone: +1 603 574 4892 Email: mary.wong(a)icann.org<mailto:mary.wong@icann.org>

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MP3 IGO WG - Wednesday, 03 December 2014 at 1700 UTC
by Terri Agnew Dec. 3, 2014

Dec. 3, 2014

Dear All, Please find the MP3 recording for IGO-INGO Access to Curative Rights Protection Mechanisms Working Group call on Wednesday, 03 December 2014 at 1700 UTC at: <http://audio.icann.org/gnso/gnso-igo-ingo-crp-access-20141203-en.mp3> http://audio.icann.org/gnso/gnso-igo-ingo-crp-access-20141203-en.mp3 On page: <http://gnso.icann.org/en/group-activities/calendar#dec> http://gnso.icann.org/en/group-activities/calendar#dec The recordings and transcriptions of the calls are posted on the GNSO Master Calendar page: <http://gnso.icann.org/calendar/> http://gnso.icann.org/calendar/ Attendees: George Kirikos - Individual Jim Bikoff – IPC Petter Rindforth – IPC Phil Corwin – BC Gary Campbell – GAC Kristine Dorrain- Individual Paul Tattersfield – Individual Lori Schulman – NPOC Nat Cohen - BC Imran Ahmed Shah – NCUC Kathy Kleiman – NCUC Jay Chapman - Individual Apologies: Mason Cole – RySG David Maher – RySG Paul Keating – NCUC ICANN staff: Mary Wong Berry Cobb Steve Chan Terri Agnew ** Please let me know if your name has been left off the list ** Mailing list archives: <http://mm.icann.org/pipermail/gnso-igo-ingo-crp/> http://mm.icann.org/pipermail/gnso-igo-ingo-crp/ Wiki page: <https://community.icann.org/x/97rhAg> https://community.icann.org/x/97rhAg Thank you. Kind regards, Terri Agnew ------------------------------- Adobe Connect chat transcript for Wednesday, 03 December 2014: Terri Agnew:Dear all, welcome to the IGO-INGO Curative Rights Protection PDP WG Meeting on the 03 December 2014 George Kirikos:Hi everyone. George Kirikos:It looks like just a few of us so far. Lori Schulman:Hello George Kirikos:Hi Lori. Petter Rindforth:Phil is the Meeting Chair today Gary Campbell:Hi all George Kirikos:Hi Gary. Petter Rindforth:...and hello all! George Kirikos:Did staff have a nice retreat? Petter Rindforth:Thanks, Mary - just saw that you have the latest version Steve Chan:@George, thanks for asking! It's been good so far, although almost a bit like a mini ICANN meeting :) George Kirikos:hehe Philip Corwin:Hello all George Kirikos:Welcome, Philip. Terri Agnew:Welcome Kristine Dorrain Kristine Dorrain-NAF:Thank you! sorry I'm late Mary Wong:@George, yes thank you for asking! Lots of good information sharing, brainstorming, training and cross-departmental discussions. Terri Agnew:Nat Cohen has joined audio Terri Agnew:Jim Bikoff has joined audio Mary Wong:The Sub-Group updates that Steve is mentioning: https://community.icann.org/x/khbxAg Terri Agnew:Imran Ahmed Shah has joined Kristine Dorrain-NAF:and I think I've dropped the ball on that.... :( Terri Agnew:Kathy Kleiman has joined audio Mary Wong:@Kristine - no worries. Thanks for taking it on; we're just making sure we don't move too far ahead without completing existing tasks :) Just let us know if you need anything more from staff at this stage. George Kirikos:I just found another UDRP case: http://www.wipo.int/amc/en/domains/search/text.jsp?case=D2012-1922 George Kirikos:"Unitaid is not a separate legal entity as the World Health Organisation serves as the host organization, providing its Secretariat, Trust Fund, administrative and fiduciary support. Today, Unitaid is supported by 29 countries and by the Bill & Melinda Gates Foundation." George Kirikos:"For the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the disputed domain names <unitaid.biz>, <unitaid.com>, <unitaid.info>, <unitaid.net> and <unitaid.org> be transferred to the Complainant." George Kirikos:(one of the few examples of cases brought by an IGO, and in this case, it won; in the World Food Program example, the UDRP was terminated, so no decision was made by the panel) Terri Agnew:Jay Chapman has joined Kathy:Hi All, I've been on the phone for a while, and now able to join the adobe connect. George Kirikos:Looks fine to me. Lori Schulman:I support the letter. Lori Schulman::) George Kirikos:It might be an IGO....still researching it. Kathy:Sounds (and looks) like a very good letter. Tx you! Paul Tattersfield:looks good George Kirikos:I'll send it to the mailing list, for those not here. Mary Wong:Thanks much, George. Imran Ahmed Shah:I also support letter, Kathy:I think Phil raises some very good points - and concerns. Mary Wong:Will do, Phil, thanks for the reminder. Petter Rindforth:Everything is perfect ;-) George Kirikos:I found another interesting decision, re: worldbank.net George Kirikos:http://www.wipo.int/amc/en/domains/decisions/html/2002/d2002-0222.h… George Kirikos:World Bank is definitely an IGO, and it's even on the reserved list. Kathy:reasonable! George Kirikos:https://www.icann.org/sites/default/files/packages/reserved-names/R… George Kirikos:Sounds like a reasonable plan, Phil. Lori Schulman:As I joined after the subgroups were formed, I am happy to volunteer for any new one that is formed. Mary Wong:Thanks, Lori. Lori Schulman:Lots to think about. Thanks for the great work. Kathy:Tx for the meeting, Phil and All! George Kirikos:Bye everyone. Have a great day. Mary Wong:Thanks everyone, thanks Phil! Steve Chan:Thanks all Nat Cohen:thanks Imran Ahmed Shah:thanks Jay Chapman:thanks Gary Campbell:Thanks Paul Tattersfield:thanks

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An interesting UDRP
by George Kirikos Dec. 3, 2014

Dec. 3, 2014

Hi folks, During our call today I discovered an interesting UDRP related to "UNITAID" http://www.wipo.int/amc/en/domains/search/text.jsp?case=D2012-1922 I'm not 100% sure whether it's an IGO, but it is hosted by the World Health Organization, and its members are mostly governments: http://en.wikipedia.org/wiki/Unitaid http://www.unitaid.eu/en/how/members It might be a demonstration of how IGOs might pursue UDRPs, under existing rules. In the UDRP decision, it mentions: "In 2009, a Fiduciary Agreement was made between the World Health Organization/Unitaid and the Complainant to file and hold in its own name, for the benefit of Unitaid, the necessary applications for the protection of the “Unitaid” name, according to the instructions and under the control of World Health Organization/Unitaid. In 2009, the Complainant thus registered, in its own name but for the benefit of World Health Organization/Unitaid, UNITAID as a trademark in numerous jurisdictions." That seems to be a great mechanism to entirely avoid the immunity/jurisdcition issue. Sincerely, George Kirikos 416-588-0269 http://www.leap.com/

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Agenda and draft document for WG call on Wednesday 3 December 2014
by Mary Wong Dec. 2, 2014

Dec. 2, 2014

Dear all, Here is the proposed agenda as well as a document for review and discussion during our next WG call on Wednesday 3 December 2014: 1. Roll Call/Updates to SOI 2. Updates on previous Action Items (Mason Cole/ICANN staff) 3. Discussion of draft letter to GNSO Stakeholder Group/Constituency chairs (note that the final version can also be tweaked, as necessary, for sending to SO/AC chairs outside the GNSO) 4. [if time permits] Commence discussions of next Work Plan task: "Develop potential considerations (e.g. qualifying requirements, authentication criteria and appeal processes) for IGOs and INGOs that would be relevant to their use of dispute resolution proceedings (existing or new)² 5. Next steps Thanks and cheers Mary Mary Wong Senior Policy Director Internet Corporation for Assigned Names & Numbers (ICANN) Telephone: +1 603 574 4892 Email: mary.wong(a)icann.org

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Policy staff Retreat 1 - 5 December 2014
by Nathalie Peregrine Nov. 28, 2014

Nov. 28, 2014

Dear all, Policy staff will be on a their annual training retreat from the 1st to the 5th December 2014. Whilst minimum coverage of conference calls will be provided, please expect delays regarding email response time. If you do have an urgent request, please mark URGENT in the email title, so we can treat it as a matter of priority. We thank you for your understanding. Kind regards Nathalie GNSO Secretariat

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Updates from the GNSO Council meeting
by Petter Rindforth Nov. 21, 2014

Nov. 21, 2014

Dear All, See below the notes from the latest GNSO Council meeting, on topics of interest for our WG: TheCouncil confirmed the following Council Liaison:Curative Rights Protections for IGO/INGOs PDP –Susan Kawaguchi(BC) 7.Since the conclusion earlier this year of thePDPexamining protections for the identifiers of the Red Cross/Red Crescent (RCRC), International Olympic Committee, International Non-Governmental Organizations (INGOs) and International Governmental Organizations (IGOs), the New gTLD Program Committee (NGPC) of the ICANN Board has been working with theGACto address GAC concerns that certain of the PDP recommendations—specifically with respect to IGO acronyms and RCRC national society names—were not adequate.The GNSO Council sent a letter earlier this year seeking an update from NGPC on the status of those ongoing negotiations. The NGPC has not yet responded to the Council’s letter, but ICANN Staff assured the Council that the NGPC is aware of its outstanding obligation to respond and will do so in due course. Following the Los Angeles ICANN meeting, theIGO-INGO Curative Rights Protection PDP Working Grouptransmitted a letter totheGNSO Liaison to the GAC, requesting that he engage with the GAC on certain questions raised by the GAC’s Los Angeles Communiqué. In the Communiqué, the GAC advised the ICANN Board that any curative rights process developed by this PDP Working Group “should be at no or nominal cost to IGOs” and that in developing an appropriate curative rights mechanism “the UDRP should not be amended.” These requests are at some variance with the directives contained in the Working Group Charter, and the letter therefore requests that the Liaison engage in dialogue with the GAC regarding this matter and to encourage direct engagement by interested GAC members in the PDP. The Liaison is awaiting further instructions from the Council as to how to proceed. Best regards, Petter -- Petter Rindforth, LL M Fenix Legal KB Stureplan 4c, 4tr 114 35 Stockholm Sweden Fax: +46(0)8-4631010 Direct phone: +46(0)702-369360 E-mail: petter.rindforth(a)fenixlegal.eu www.fenixlegal.eu NOTICE This e-mail message is intended solely for the individual or individuals to whom it is addressed. It may contain confidential attorney-client privileged information and attorney work product. If the reader of this message is not the intended recipient, you are requested not to read, copy or distribute it or any of the information it contains. Please delete it immediately and notify us by return e-mail. Fenix Legal KB, Sweden, www.fenixlegal.eu Thank you

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MP3 IGO WG - Wednesday, 19 November 2014 at 1700 UTC
by Nathalie Peregrine Nov. 19, 2014

Nov. 19, 2014

Dear All, Please note that there will be NO meeting next week, the WG will resume meetings on the 3rd December 2014. Please find the MP3 recording for IGO-INGO Access to Curative Rights Protection Mechanisms Working Group call on Wednesday, 19 November 2014 at 1700 UTC at: http://audio.icann.org/gnso/gnso-igo-ingo-crp-access-20141119-en.mp3 On page: <http://gnso.icann.org/en/group-activities/calendar#nov> http://gnso.icann.org/en/group-activities/calendar#nov The recordings and transcriptions of the calls are posted on the GNSO Master Calendar page: <http://gnso.icann.org/calendar/> http://gnso.icann.org/calendar/ Attendees: George Kirikos - Individual Jim Bikoff – IPC Petter Rindforth – IPC Val Sherman – IPC Phil Corwin – BC Mason Cole – RySG Gary Campbell – GAC David Healsley - IPC Kristine Dorrain- Individual Paul Tattersfield – Individual David Maher – RySG Paul Keating – NCUC Imran Ahmed Shah – NCUC Kathy Kleiman - NCUC Apologies: Osvaldo Novoa – ISPCP Lori Schulman – NPOC ICANN staff: Mary Wong Berry Cobb Amy Bivins Terri Agnew Nathalie Peregrine ** Please let me know if your name has been left off the list ** Mailing list archives: <http://mm.icann.org/pipermail/gnso-igo-ingo-crp/> http://mm.icann.org/pipermail/gnso-igo-ingo-crp/ Wiki page: <https://community.icann.org/x/97rhAg> https://community.icann.org/x/97rhAg Thank you. Kind regards, Nathalie ------------------------------- Adobe Connect chat transcript for Wednesday, 19 November 2014: Nathalie Peregrine:Dear all, welcome to the IGO-INGO Curative Rights Protection PDP WG Meeting on the 19th November 2014 George Kirikos:Hi everyone. Paul Tattersfield:Hi George, everyone Gary Campbell:Hi everyone George Kirikos:Hi Paul & Gary. How are you today? Gary Campbell:I am great George George Kirikos:Glad to hear it, Gary. Paul Tattersfield:Good George, thanks you? Is it cold yet in Canada? George Kirikos:It's freeezzzzinnnnggggg. Brrrrr. We have had snow here for the last couple of days. George Kirikos:Not as bad as Buffalo, NY, though. Val Sherman:David Heasley is also on the line Paul Keating:Today's weather in Barcelona is mostely dark but scattered britghtness is expected in about 12 hours :-) George Kirikos:I think Gary has us all beat -- in Jamaica! :-) Gary Campbell:lol @ George Nathalie Peregrine:@ Val, David has been noted for attendance. Kristine Dorrain-NAF:Pre-apologies: I'm going to need to leave the call in 1/2 hour. Imran Ahmed Shah:Hi Everyone! George Kirikos:Welcome, Imran. Imran Ahmed Shah:But I think the GAC representative is to be assigned by the GAC itself. Mason Cole:Correct, Mary Imran Ahmed Shah:Okay, Thanks Marry Gary Campbell:IMran is correct Mary Wong:@Gary, please feel free to let Mason and us know if you have advice on how we can best proceed. Gary Campbell:@Mary and will do Gary Campbell:You need to write Thomas Schneider the GAC Chair and ask for GAC representation George Kirikos:On a formatting note, the questions should perhaps be set apart separately (and maybe be numbered), instead of just being in bold within the text of a letter. Mason Cole:all, i need to sign off the call. i will follow up with any action items beyond the communication to the GAC George Kirikos:e..g. Q1 "What is....", Q2. "What would be the basis, etc. George Kirikos:Usually the immunity is to defend a suit. But, the UDRP/URS is an "initiating" action, where the IGO is bringing the dispute. That's really an express waiver, when used as a "sword". Mary Wong:@George, yes, my understanding is that this is a point the IGOs are concerned about on this issue. George Kirikos:But, since the IGOs face the same issues when enforcing their Article 6ter marks offline, the question then becomes "what's different in the online world?" Imran Ahmed Shah:+ 1 George. Imran Ahmed Shah:I also agree that specific questions should be asked. And I suggest that we ask them to elaborate their requirements and concern specifically:do they like to reserve:a. the full name string and similarity strings of the domain name related to IGOb. the abbreviations of the full name string and similarity string of the domain name related to IGO Mary Wong:@Imran, I'm afraid that the issue of reserving namse is outside the scope of this WG. That was dealt with by the previous IGO WG. Imran Ahmed Shah:a. the full name string and similarity strings of the domain name related to IGO Imran Ahmed Shah:b. the abbreviations of the full name string and similarity string of the domain name related to IGO Imran Ahmed Shah:c. or anything in the string they could claim as a similar string George Kirikos:Maybe January 6? Val Sherman:+ Kathy George Kirikos:So we have the input before the January 7th call? George Kirikos:(if we have one on Jan 7) George Kirikos:Although, perhaps that won't work, looking at the calendar (Jan 1 = Thursday) Paul Keating:9th is fine Imran Ahmed Shah:I also agree for 9 George Kirikos:9th is ok. Philip Corwin:ok on January 9 Kathy Kleiman:9th gives everyone a week to finalize... Kathy Kleiman:that's good! Kathy Kleiman:great, reminders are good Paul Keating:@Peter, how extensive is this problem? How many IGOs have complained? Kathy Kleiman:@Paul - I have the same question Paul Keating:so we may be solving a problem that is NOT a preoblem? George Kirikos:Paul: No, we're asked to investigate *whether* there should be something done. George Kirikos:i.e. No solution, if we decide there's no real problem. Imran Ahmed Shah:@Mary I could not understand your reply to my points, my points were related to PDP process for UDRP for the IGOs. Kristine Dorrain-NAF:Thanks everyone, I need to run. Talk to you later. Paul Keating:@tyhank you. I am sorry but I have to go to a meeting. Mary Wong:@Imran, sorry if I mistook your meaning. I think that is one of the questions our WG is posing to the IGO small group in that case. Imran Ahmed Shah:in order to understand their concern perticularly, we have to dig further Kathy Kleiman:Agree with Phil Mary Wong:Thanks for the guidance! George Kirikos:With the time difference, 9 am in Singapore on Friday appears to be around 8 pm Eastern time on Thursday, for those planning to participate remotely. Imran Ahmed Shah:@Marry should our WG members will be supported for F2F meeting? Val Sherman:Thanks, George! Imran Ahmed Shah:@Mary what about the Travel Support? Kathy Kleiman:David Cake and Kathy Kleiman will be participating for NCSG George Kirikos:Will any of those in the IGO subgroup be at the Singapore F2F? George Kirikos:(since some of them go to the ICANN meetings; if their hotel stay can be extended by a day, it might be valuable) Mary Wong:@Imran, I believe that travel support is allocated via your Stakeholder Group or Constituency. Val Sherman:That sounds like a good idea, Mary George Kirikos:We'll want to make sure that our public session doesn't conflict with other sessions that IGOs might be planning to attend. Mary Wong:@George, yep, that's always the challenge :( Imran Ahmed Shah:@Mary Thanks George Kirikos:Bye everyone. Have a great day! Kathy Kleiman:Tx you, Petter, and All! Philip Corwin:Bye--and have a good Thanksgiving if you are in the USA Imran Ahmed Shah:Thanks Paul Tattersfield:thanks bye everyonr Val Sherman:Thanks all!

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Agenda and draft document for WG call on Wednesday 19 November
by Mary Wong Nov. 19, 2014

Nov. 19, 2014

Dear WG members, Here is the proposed agenda for the next WG call on Wednesday 19 November, to be chaired by Petter: 1. Roll Call/Updates to SOI 2. Updates on Action Items from the last WG call (staff/Mason Cole) 3. Discussion of request for input from GNSO Stakeholder Groups and Constituencies (required by the PDP Manual), and from other SO/ACs (suggested/encouraged in the PDP Manual) 4. Next steps Please also find attached a draft letter for discussion under Agenda Item #3. Please note that this draft was prepared by staff with a view toward facilitating the WG¹s discussion on the topic. It has not yet been reviewed by the WG co-chairs, who may have their own suggestions and views that they will share with the group. Please feel free also to share your thoughts and comments. As usual, the agenda and document have also been uploaded to the WG wiki for your easy reference: https://community.icann.org/x/WjjxAg. Thanks and cheers Mary Mary Wong Senior Policy Director Internet Corporation for Assigned Names & Numbers (ICANN) Telephone: +1 603 574 4892 Email: mary.wong(a)icann.org

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Question about WG facilitated session in Singapore (ICANN52)
by Mary Wong Nov. 19, 2014

Nov. 19, 2014

Dear WG members, We are beginning to work with the ICANN Meetings Team to put together the schedule for the upcoming ICANN52 Meeting in Singapore, in February 2015. As you will recall, our WG has been selected by the GNSO Council as the second WG to participate in the Council¹s pilot project for facilitating successful WG outcomes, following the Privacy & Proxy Services Accreditation Issues WG¹s positive experience in Los Angeles last month. I am writing now to find out how many, and which, WG members intend to participate in the Singapore full-day, face-to-face facilitated session, to be held immediately following the end of the ICANN Meeting, on Friday 13 February 2015. This will permit the organizers to secure the most appropriate meeting room space, among other arrangements. Please note that WG members who require ICANN travel funding in order to be at the Singapore meeting will have to have their travel approved by their respective GNSO Stakeholder Group or other ICANN SO/AC. We will be writing separately to each SG/SO/AC Chair to inform them of the Friday session, and request that they nominate members who are active WG participants for the available slots. As a reminder, each GNSO Stakeholder Group may nominate up to 6 active WG members, and funding for this specific initiative is limited to one hotel night each (for 6 members) or a maximum of two nights (if fewer than 6). As such, a participant¹s airfare and additional accommodation costs will have to be funded from each SG¹s general travel allocations or other sources. For those who are not able to join the meeting in person, remote participation facilities will be available, and the facilitators will be briefed to ensure that remote participants are as actively involved as those who will be present in person. Please let me know if you plan to attend (subject to your obtaining the necessary travel/funding approval, if applicable) as soon as possible. Thanks and cheers Mary Mary Wong Senior Policy Director Internet Corporation for Assigned Names & Numbers (ICANN) Telephone: +1 603 574 4892 Email: mary.wong(a)icann.org

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Notes and action items from the WG call today
by Mary Wong Nov. 19, 2014

Nov. 19, 2014

Dear WG members, Please find attached the staff notes and action items from the WG call today for your review, with view toward continuing discussions on our chartered tasks next week. The notes reflect that as a result of extensive WG discussions, both on the mailing list and on the WG calls, the WG will proceed to include only IGOs in its discussions going forward. We will revert with any additional information we can gather as soon as possible Paul K., we have noted your request to trace the scholarly articles you had included in one of your earlier emails as well, and will endeavor to locate those sources as well. Do note also that, pending feedback from the GAC, IGOs or the GNSO Council, please note that the WG call scheduled for Wednesday 26 November will be canceled; however, the call scheduled for next week, Wednesday 19 November, will go ahead as planned). Thanks and cheers Mary Mary Wong Senior Policy Director Internet Corporation for Assigned Names & Numbers (ICANN) Telephone: +1 603 574 4892 Email: mary.wong(a)icann.org

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