Personally, I don't see much merit to their proposals. They provide little justification, beyond a "wish list", unlike our own work which has been in-depth and has gone on for 2 years. Instead of participating in the actual PDP, it seems they seek to undermine our hard work by putting forth a parallel report outside of the established process. They try to use the language of a PDP (i.e. that they've reached a "consensus") to try to establish some legitimacy, despite it being a closed opaque process from an unrepresentative minority of the ICANN community (i.e. just representing the views of some IGOs, some GAC members and some ICANN Board members). All of our discussions were held in public, in contrast, and they were invited numerous times to participate. Paul Tattersfield mentioned the existing URS in a comment -- court appeals are possible under the URS (the IGOs don't want that in their proposed process, though). Shockingly, the proposal doesn't even restrict the acronyms (2 per IGO) to those that exist in the Article 6ter database! ie. it completely ignored our hard work on this topic. In their "background", on page 2, their justification for special rules is that "IGOs perform important global missions with public funds". This type of reasoning is a slippery slope, and could apply equally to many other "worthy" organizations....so, where does it stop, if a precedent is created here? Laws exist for these situations, and we should not be creating new law, but instead be reflecting existing law. Once we start creating "worthy" institutions by elevating them above the law, implicitly we are creating the "unworthy", or perhaps the "politically unconnected" or "deplorables" whose rights get trampled upon in order to appease the "worthy." In contrast, the law treats everyone equally, both "worthy" and "unworthy", based on legal standards. The "Eligible IGOs" from the "GAC List of IGOs" (point 3 on page 2) would not be limited in number --- it could grow in the future, and indeed there'd be incentives for it to grow, as any IGOs not on the list would want to be on it. They seek to recreate the TMCH via a new process, whereas it would be trivial to simply allow Article 6ter marks to be on it, without a new process. This goes back to my earlier point, that they appear to want to add acronyms for "protection" that do not appear in the Article 6ter database currently. Their DRP would eliminate recourse to national courts. There are far better mechanisms to go after fraudulent solicitation of funds following a disaster --- e.g. going after the webhosting operator, DNS provider, and most importantly, the payment processors (Visa, Mastercard, American Express, PayPal, etc.). They can act instantly, compared to any "rapid relief" mechanism. Indeed, any such schemes are clearly ILLEGAL --- why is it that IGOs don't simply go to the legal authorities (police, etc.) to solve those criminal acts? We don't need to create new institutions -- these institutions have developed since the dawn of civilization. Indeed, they can go to the courts, too, to get injunctions, etc., working within the legal system. If ICE can take down a torrent page due to copyright infringement, e.g. https://static01.nyt.com/images/2010/11/27/business/Torrent/Torrent-jumbo.jp... http://www.nytimes.com/2010/11/27/technology/27torrent.html?_r=0 which went through the court system via appropriate warrants, why are IGOs not pursuing the same measures?? While they use an example that is clearly illegal, they don't recognize that legal mechanisms exist in those situations -- they propose to use solutions outside the legal system (i.e. ones we create for them). We should instead be pointing them to the existing legal system. I find it amusing that the "penalty" for 3 reverse domain name hijackings is a mere 1 year in the penalty booth. It's actually a big "tell" that they even included this section on page 4, since up to that point they portrayed IGOs as "angels", whose needs are "special" and above those of other entities. That's an acknowledgement that this proposed process CAN be abused, that IGOs are operated by human beings who make mistakes, and are just like everyone else. That's why there are LAWS, to protect the weak and vulnerable against the strong -- the IGOs seek to put themselves above those laws, and strip away the protection of due process and the courts for domain name registrants. It's time to recognize that abuse can come not just from domain name registrants, but from the complainant/accuser, and that our laws presume innocence until proven guilty in a court of law. Due process exists for a reason. Sincerely, George Kirikos 416-588-0269 http://www.leap.com/ On Thu, Oct 6, 2016 at 5:10 PM, Mary Wong <mary.wong@icann.org> wrote:
Dear WG members,
As mentioned on the WG call earlier today, the Board’s reply to the GNSO Council enclosing the final “small group” proposal on IGO acronyms has just been sent. A copy is enclosed for your review and further discussion.
Staff will work with Petter and Phil to confirm the agendas for our next two meetings before ICANN57, in light of our receipt of this proposal and the status of the WG’s ongoing discussions over preliminary recommendations.
Cheers
Mary
From: <owner-council@gnso.icann.org> on behalf of Mary Wong <mary.wong@icann.org> Date: Thursday, October 6, 2016 at 17:02 To: GNSO Council List <council@gnso.icann.org> Cc: Steve Crocker <steve.crocker@board.icann.org>, Chris Disspain <chris@disspain.uk>, "bruce.tonkin@melbourneit.com.au" <bruce.tonkin@melbourneit.com.au>, Markus Kummer <markus.kummer@board.icann.org>, Becky Burr <Becky.Burr@neustar.biz>, "board-ops-team@icann.org" <board-ops-team@icann.org> Subject: [council] Board reply letter on IGO/RC issues and proposal on IGO acronyms protection from the IGO "small group"
Dear Councilors,
Please find attached the ICANN Board’s reply to the GNSO Council’s letter of 31 May 2016 on the topic of protections for IGOs and the Red Cross. The letter also includes the final proposal on IGO acronyms protection that was worked on by the IGO “small group” of IGO, Board and GAC representatives, facilitated by ICANN staff as appropriate.
We will also transmit a copy of this to the co-chairs of the GNSO IGO-INGO Curative Rights Protections PDP Working Group and the GAC.
Best regards,
Mary
Mary Wong
Senior Policy Director
Internet Corporation for Assigned Names and Numbers (ICANN)
Email: mary.wong@icann.org
Telephone: +1-603-5744889
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