Request for IGO&INGO IRT consideration on policy effective date: "no later than"
Dear IGO/INGO IRT, Thank you for your continued support as we near the completion of the policy revision. We have one more request for your consideration. The implementation team had another idea for an improvement. We believe that this change will provide the flexibility that Red Cross, IOC and IGOs will appreciate. It effectively offers the exceptions procedure they need immediately upon the announcement of the policy. Instead of “on” an effective date, we propose using “no later than” an effective date. This way those registries and registrar that need the 6-month implementation time can have the full 6-months, while those that are ready to implement today may do so as early as the announcement date of the policy. The language change would then look like this. Section 2. Policy and Effective Dates This Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars on 1 February 2018. * For the Red Cross, IOC, and IGOs, the Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars on no later than 1 March 2018 * For the INGOs, the Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars 12 months after the release of the INGO Claims System Specification. I’ve asked Michelle to schedule another IRT meeting on 10 August 2017 to discuss this as a team. However, if the IRT provides agreement to this change via email replies, we can handle won’t need to meet. Please let us hear from you. Thanks Dennis Chang From: <gnso-igo-ingo-ip-irt-bounces@icann.org> on behalf of Dennis Chang <dennis.chang@icann.org> Date: Friday, July 21, 2017 at 8:59 AM To: "gnso-igo-ingo-ip-irt@icann.org" <gnso-igo-ingo-ip-irt@icann.org> Subject: [Gnso-igo-ingo-ip-irt] IGO&INGO IRT decisions affecting policy effective dates Dear IGO/INGO IRT, On 20 July 2017, IRT took two decisions. 1. Exception Procedure: The further consideration regarding exceptions procedure for non-IGOs is now closed (email below.) The IRT agreed that this is out of scope and suggested we include the pertaining policy recommendation language in the summary report. 2. Policy Effective Date: A new approach to the effective date(s) was discussed and agreed upon for next steps. More on the effective dates: IRT reviewed an approach where we could accommodate the RySG’s recommendation for “setting an implementation no earlier than 12 months from the approval of the specifications.” And at the same time, provide the registration mechanism for Red Cross, IOC and IGOs earlier than 12 months; use 6-month implementation duration instead. The following is the proposed change to the policy language. Section 2. Policy and Effective Dates This Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars on 1 February 2018. * For the Red Cross, IOC, and IGOs, the Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars on 1 March 2018 * For the INGOs, the Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars 12 months after the release of the INGO Claims System Specification. The 1 March 2018 is based on a new target date of 1 September 2017 announcement date; 6-month implementation time period. This change was agreed upon by the IRT members at the meeting but since this effects the policy effective dates, we thought the entire IRT should be consulted. The next step is to correspond with the RySG to ensure that the 6-month implementation time for the Red Cross, IOC and IGOs prior to publication is acceptable. Please let us hear from you by 24 July 2017 before we contact RySG about this. Thanks Dennis Chang From: <gnso-igo-ingo-ip-irt-bounces@icann.org> on behalf of Mary Wong <mary.wong@icann.org> Date: Tuesday, July 18, 2017 at 9:40 AM To: "gnso-igo-ingo-ip-irt@icann.org" <gnso-igo-ingo-ip-irt@icann.org> Subject: [Gnso-igo-ingo-ip-irt] Further information on the question raised about the scope of the Exception Procedure Dear IRT members, I’m writing to follow up on Dennis’ email (below) and the discussion at the last IRT meeting, concerning public comments submitted questioning the fairness of limiting the Exception Procedure for the protected names to just the protected organizations. The basic concern expressed was that this potentially prevents third parties with legitimate rights from also applying for good faith registrations. As described on the IRT call, the scope of our current implementation is limited to what the policy recommendations actually are. In this case, the recommendation for an Exception Procedure that was approved by the GNSO Council and the ICANN Board was specifically limited to the relevant protected organization (i.e. Red Cross, IOC, IGOs). As such, it is out of scope for the IRT to itself debate, amend or add to the policy recommendation – this is made clear by the Principles & Guidelines for IRTs adopted by the GNSO Council in August 2016 (“The IRT is not a forum for opening or revisiting policy discussions. Where issues emerge that may require possible policy discussion, these will be escalated using the designated procedure … “: you can see the full text of the Principles & Guidelines at https://www.icann.org/en/system/files/files/irt-principles-guidelines-23aug1...). To the extent that the IRT believes there is a need to go back to the GNSO Council (e.g. for clarity as to the intention or scope of a policy recommendation or about a policy issue that arises during implementation), the designated procedure is as follows. The query should first be raised with the GNSO Council liaison to the IRT, who has the responsibility of ascertaining whether there is consensus within the IRT or agreement between the IRT and GDD staff on either the need for further guidance from the GNSO Council or on the question whether there is an issue that may require possible policy discussion (see Section V.E of the Principles & Guidelines). We hope the information is helpful to the IRT as you continue your deliberations. Thanks and cheers Mary From: <gnso-igo-ingo-ip-irt-bounces@icann.org> on behalf of Dennis Chang <dennis.chang@icann.org> Date: Thursday, July 13, 2017 at 23:37 To: "gnso-igo-ingo-ip-irt@icann.org" <gnso-igo-ingo-ip-irt@icann.org> Subject: [Gnso-igo-ingo-ip-irt] IGO&INGO Policy Implementation: Public comment analysis Dear IGO/INGO IRT, I am happy to report, that our IRT meeting today was tremendously productive. We managed to go through every comment in a 90-minute session. Attached is our analysis from today’s meeting for your refererence. Here are a few resulting stats: Changes to the policy language for clarification: 4 Additional implementation notes: 4 Addition to the FAQ: 3 Under further consideration: 1 The comment that the IRT asked to consider further is about exceptions procedure. In the attached analysis worksheet, it’s comment number 4.2-3 copied here for your convenience. No Section Comments from Category Summary Analysis 4.2-3 4.2 "if a domain name, containing an exact match name from the Red Cross, IOC, and IGO Identifier List, is registered before this Consensus Policy effective date or before the label is added to the Red Cross, IOC and IGO Identifier List, the Registry Operator MUST permit renewal or transfer of the domain name. If a domain name, containing an exact match name from the Red Cross, IOC and IGO Identifier List, is registered before the label is added to the Red Cross, IOC and IGO Identifier List, and is subsequently deleted, the Registry Operator MUST withhold the domain name from registration or allocate the domain name to Registry Operator", is therefore a decent "mid-way" proposal to solve the topic of how to deal with existing registrations in gTLDs. However, it could be argued that it would be more fair if good faith, non-infringing registrations by those with legitimate rights should be allowed at any time as a matter of course, possibly with review and non-objection by the Red Cross, IOC or IGO entity. IPC Change to exceptions procedure Exceptions procedure: it would be more fair if good faith, non-infringing registrations by those with legitimate rights should be allowed at any time as a matter of course, possibly with review and non-objection by the Red Cross, IOC or IGO entity. no change requested; current position is no change as this was not the initial interpretation of the policy; However, IRT would like to consider further. send an email to IRT to solicit broader input and then conclude next week Should the registration be allowed for non-(Red Cross, IOC, or IGO) organizations? Would this be in-line with the policy recommendation? If we did, how could this work? If we do not allow this (as it is in our current plan,) would we not be in alignment with the policy recommendation? The IRT members are invited to provide comments. Thanks Dennis Chang p.s. As for the question, I’ve asked the IRT in earlier email (below), Crystal was kind to explain the reason for the request for the 12-month (rather than 6-month) for implementation. As we expected, it was due to the assumption that there would be a new system with a new interface that registry operators have to work with – rather than the TMCH they already work with. As the IRT is well aware, we have intentionally avoided any mention of TMCH to avoid any confusion that this policy had anything to do with Trademarks. I suppose it worked. In any case, the IRT suggested that we provide and explanation in our summary report and 6-month duration would not be an issue. From: <gnso-igo-ingo-ip-irt-bounces@icann.org> on behalf of Dennis Chang <dennis.chang@icann.org> Date: Tuesday, July 11, 2017 at 5:47 PM To: "gnso-igo-ingo-ip-irt@icann.org" <gnso-igo-ingo-ip-irt@icann.org> Subject: [Gnso-igo-ingo-ip-irt] [question to IRT] IGO&INGO Policy Implementation: RySG comment requesting extended implementation time of 12-month (was 6-months) Dear Registry Operator representatives of the IRT, As you know, we’ve received comments from the RySG on 9 July 2017 and implementation team is working through the comments to understand the specific requests. In the RySG comment, we note that the implementation time be extended from 6 months to 12 months. “a. An implementation date of 1 February 2018 may not provide proper time for Registry Operators to prepare for new processes or integration with the INGO Claims System. However, the preferred approach is to leverage TMCH for Claims Services. Therefore, we recommend setting an implementation no earlier than 12 months from the approval of the specifications.” We have discussed the 6-month implementation timeline during the drafting of the implementation plan and it was deemed adequate and therefore decided on the 1 Feb 2018 effective date with 1 August 2017 announcement. We are now trying to gain an understanding of need for the extended implementation duration. Is the 12-months requested with the assumption that we will not be leveraging the TMCH claims service? If the implementation plan is “the preferred approach to leverage TMCH,” would the 6-month duration be acceptable? In light of the fact that we were advised some ROs did not want delays on this implementation, it would be helpful for us to have a good understanding for accepting this requested change from RySG. We were going to reach out to RySG directly then realized that five of our own IRT are members of the RySG and could provide the rationale to us directly. Please let us hear from you. It would be good to have this answer prior to our IRT meeting to take a decision then. — Kind Regards, Dennis S. Chang GDD Services & Engagement Program Director +1 213 293 7889 Skype: dennisSchang www.icann.org "One World, One Internet"
Hi Dennis & All I have no objection to the proposed amendment of effective date for Red Cross, IOC, and IGOs. Seem to me as a practical solution. All the best, 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@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 4 augusti 2017 16:37:21 +02:00, skrev Dennis Chang <dennis.chang@icann.org>:
Dear IGO/INGO IRT,
Thank you for your continued support as we near the completion of the policy revision. We have one more request for your consideration.
The implementation team had another idea for an improvement. We believe that this change will provide the flexibility that Red Cross, IOC and IGOs will appreciate. It effectively offers the exceptions procedure they need immediately upon the announcement of the policy. Instead of “on” an effective date, we propose using “no later than” an effective date. This way those registries and registrar that need the 6-month implementation time can have the full 6-months, while those that are ready to implement today may do so as early as the announcement date of the policy. The language change would then look like this.
Section 2. Policy and Effective DatesThis Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars on 1 February 2018. 1. For the Red Cross, IOC, and IGOs, the Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars onno later than1 March 2018 2. For the INGOs, the Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars 12 months after the release of the INGO Claims System Specification.
I’ve asked Michelle to schedule another IRT meeting on 10 August 2017 to discuss this as a team. However, if the IRT provides agreement to this change via email replies, we can handle won’t need to meet.
Please let us hear from you.
Thanks Dennis Chang
From:<gnso-igo-ingo-ip-irt-bounces@icann.org> on behalf of Dennis Chang <dennis.chang@icann.org> Date:Friday, July 21, 2017 at 8:59 AM To:"gnso-igo-ingo-ip-irt@icann.org" <gnso-igo-ingo-ip-irt@icann.org> Subject:[Gnso-igo-ingo-ip-irt] IGO&INGO IRT decisions affecting policy effective dates
Dear IGO/INGO IRT,
On 20 July 2017, IRT took two decisions.
1. Exception Procedure: The further consideration regarding exceptions procedure for non-IGOs is now closed (email below.) The IRT agreed that this is out of scope and suggested we include the pertaining policy recommendation language in the summary report. 2. Policy Effective Date: A new approach to the effective date(s) was discussed and agreed upon for next steps.
More on the effective dates: IRT reviewed an approach where we could accommodate the RySG’s recommendation for “setting an implementation no earlier than 12 months from the approval of the specifications.” And at the same time, provide the registration mechanism for Red Cross, IOC and IGOs earlier than 12 months; use 6-month implementation duration instead.
The following is the proposed change to the policy language.
Section 2. Policy and Effective DatesThis Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars on 1 February 2018. 1. For the Red Cross, IOC, and IGOs, the Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars on 1 March 2018 2. For the INGOs, the Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars 12 months after the release of the INGO Claims System Specification.
The 1 March 2018 is based on a new target date of 1 September 2017 announcement date; 6-month implementation time period. This change was agreed upon by the IRT members at the meeting but since this effects the policy effective dates, we thought the entire IRT should be consulted. The next step is to correspond with the RySG to ensure that the 6-month implementation time for the Red Cross, IOC and IGOs prior to publication is acceptable.
Please let us hear from you by 24 July 2017 before we contact RySG about this.
Thanks Dennis Chang
From:<gnso-igo-ingo-ip-irt-bounces@icann.org> on behalf of Mary Wong <mary.wong@icann.org> Date:Tuesday, July 18, 2017 at 9:40 AM To:"gnso-igo-ingo-ip-irt@icann.org" <gnso-igo-ingo-ip-irt@icann.org> Subject:[Gnso-igo-ingo-ip-irt] Further information on the question raised about the scope of the Exception Procedure
Dear IRT members,
I’m writing to follow up on Dennis’ email (below) and the discussion at the last IRT meeting, concerning public comments submitted questioning the fairness of limiting the Exception Procedure for the protected names to just the protected organizations. The basic concern expressed was that this potentially prevents third parties with legitimate rights from also applying for good faith registrations.
As described on the IRT call, the scope of our current implementation is limited to what the policy recommendations actually are. In this case, the recommendation for an Exception Procedure that was approved by the GNSO Council and the ICANN Board was specifically limited to the relevant protected organization (i.e. Red Cross, IOC, IGOs). As such, it is out of scope for the IRT to itself debate, amend or add to the policy recommendation – this is made clear by the Principles & Guidelines for IRTs adopted by the GNSO Council in August 2016 (“The IRT is not a forum for opening or revisiting policy discussions. Where issues emerge that may require possible policy discussion, these will be escalated using the designated procedure … “: you can see the full text of the Principles & Guidelines at<https://www.icann.org/en/system/files/files/irt-principles-guidelines-23aug1...>.
To the extent that the IRT believes there is a need to go back to the GNSO Council (e.g. for clarity as to the intention or scope of a policy recommendation or about a policy issue that arises during implementation), the designated procedure is as follows. The query should first be raised with the GNSO Council liaison to the IRT, who has the responsibility of ascertaining whether there is consensus within the IRT or agreement between the IRT and GDD staff on either the need for further guidance from the GNSO Council or on the question whether there is an issue that may require possible policy discussion (see Section V.E of the Principles & Guidelines).
We hope the information is helpful to the IRT as you continue your deliberations.
Thanks and cheers Mary
From:<gnso-igo-ingo-ip-irt-bounces@icann.org> on behalf of Dennis Chang <dennis.chang@icann.org> Date:Thursday, July 13, 2017 at 23:37 To:"gnso-igo-ingo-ip-irt@icann.org" <gnso-igo-ingo-ip-irt@icann.org> Subject:[Gnso-igo-ingo-ip-irt] IGO&INGO Policy Implementation: Public comment analysis
Dear IGO/INGO IRT,
I am happy to report, that our IRT meeting today was tremendously productive. We managed to go through every comment in a 90-minute session. Attached is our analysis from today’s meeting for your refererence.
Here are a few resulting stats: Changes to the policy language for clarification: 4 Additional implementation notes: 4 Addition to the FAQ: 3 Under further consideration: 1
The comment that the IRT asked to consider further is about exceptions procedure. In the attached analysis worksheet, it’s comment number 4.2-3 copied here for your convenience.
No Section Comments from Category Summary Analysis4.2-3 4.2 "if a domain name, containing an exact match name from the Red Cross, IOC, and IGO Identifier List, is registered before this Consensus Policy effective date or before the label is added to the Red Cross, IOC and IGO Identifier List, the Registry Operator MUST permit renewal or transfer of the domain name. If a domain name, containing an exact match name from the Red Cross, IOC and IGO Identifier List, is registered before the label is added to the Red Cross, IOC and IGO Identifier List, and is subsequently deleted, the Registry Operator MUST withhold the domain name from registration or allocate the domain name to Registry Operator", is therefore a decent "mid-way" proposal to solve the topic of how to deal with existing registrations in gTLDs. However, it could be argued that it would be more fair if good faith, non-infringing registrations by those with legitimate rights should be allowed at any time as a matter of course, possibly with review and non-objection by the Red Cross, IOC or IGO entity. IPC Change to exceptions procedure Exceptions procedure: it would be more fair if good faith, non-infringing registrations by those with legitimate rights should be allowed at any time as a matter of course, possibly with review and non-objection by the Red Cross, IOC or IGO entity. no change requested; current position is no change as this was not the initial interpretation of the policy; However, IRT would like to consider further. send an email to IRT to solicit broader input and then conclude next week Should the registration be allowed for non-(Red Cross, IOC, or IGO) organizations? Would this be in-line with the policy recommendation? If we did, how could this work? If we do not allow this (as it is in our current plan,) would we not be in alignment with the policy recommendation?
The IRT members are invited to provide comments.
Thanks Dennis Chang
p.s. As for the question, I’ve asked the IRT in earlier email (below), Crystal was kind to explain the reason for the request for the 12-month (rather than 6-month) for implementation. As we expected, it was due to the assumption that there would be a new system with a new interface that registry operators have to work with – rather than the TMCH they already work with. As the IRT is well aware, we have intentionally avoided any mention of TMCH to avoid any confusion that this policy had anything to do with Trademarks. I suppose it worked. In any case, the IRT suggested that we provide and explanation in our summary report and 6-month duration would not be an issue.
From:<gnso-igo-ingo-ip-irt-bounces@icann.org> on behalf of Dennis Chang <dennis.chang@icann.org> Date:Tuesday, July 11, 2017 at 5:47 PM To:"gnso-igo-ingo-ip-irt@icann.org" <gnso-igo-ingo-ip-irt@icann.org> Subject:[Gnso-igo-ingo-ip-irt] [question to IRT] IGO&INGO Policy Implementation: RySG comment requesting extended implementation time of 12-month (was 6-months)
Dear Registry Operator representatives of the IRT,
As you know, we’ve received comments from the RySG on 9 July 2017 and implementation team is working through the comments to understand the specific requests. In the RySG comment, we note that the implementation time be extended from 6 months to 12 months.
“a. An implementation date of 1 February 2018 may not provide proper time for Registry Operators to prepare for new processes or integration with the INGO Claims System. However, the preferred approach is to leverage TMCH for Claims Services. Therefore, we recommend setting an implementation no earlier than 12 months from the approval of the specifications.”
We have discussed the 6-month implementation timeline during the drafting of the implementation plan and it was deemed adequate and therefore decided on the 1 Feb 2018 effective date with 1 August 2017 announcement. We are now trying to gain an understanding of need for the extended implementation duration.
Is the 12-months requested with the assumption that we will not be leveraging the TMCH claims service? If the implementation plan is “the preferred approach to leverage TMCH,” would the 6-month duration be acceptable?
In light of the fact that we were advised some ROs did not want delays on this implementation, it would be helpful for us to have a good understanding for accepting this requested change from RySG.
We were going to reach out to RySG directly then realized that five of our own IRT are members of the RySG and could provide the rationale to us directly.
Please let us hear from you. It would be good to have this answer prior to our IRT meeting to take a decision then.
—
Kind Regards,
Dennis S. Chang
GDD Services & Engagement Program Director
+1 213 293 7889
Skype: dennisSchang
www.icann.org "One World, One Internet"
_______________________________________________ Gnso-igo-ingo-ip-irt mailing list Gnso-igo-ingo-ip-irt@icann.org <https://mm.icann.org/mailman/listinfo/gnso-igo-ingo-ip-irt>
Hi Dennis, I agree with Petter, this seems very sensible. Lori Lori S. Schulman Senior Director, Internet Policy International Trademark Association (INTA) +1-202-704-0408, Skype: lsschulman From: gnso-igo-ingo-ip-irt-bounces@icann.org [mailto:gnso-igo-ingo-ip-irt-bounces@icann.org] On Behalf Of Petter Rindforth Sent: Friday, August 04, 2017 11:54 AM To: Dennis Chang <dennis.chang@icann.org> Cc: gnso-igo-ingo-ip-irt@icann.org Subject: Re: [Gnso-igo-ingo-ip-irt] Request for IGO&INGO IRT consideration on policy effective date: "no later than" Hi Dennis & All I have no objection to the proposed amendment of effective date for Red Cross, IOC, and IGOs. Seem to me as a practical solution. All the best, 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@fenixlegal.eu<mailto:petter.rindforth@fenixlegal.eu> www.fenixlegal.eu<http://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<http://www.fenixlegal.eu> Thank you 4 augusti 2017 16:37:21 +02:00, skrev Dennis Chang <dennis.chang@icann.org<mailto:dennis.chang@icann.org>>: Dear IGO/INGO IRT, Thank you for your continued support as we near the completion of the policy revision. We have one more request for your consideration. The implementation team had another idea for an improvement. We believe that this change will provide the flexibility that Red Cross, IOC and IGOs will appreciate. It effectively offers the exceptions procedure they need immediately upon the announcement of the policy. Instead of “on” an effective date, we propose using “no later than” an effective date. This way those registries and registrar that need the 6-month implementation time can have the full 6-months, while those that are ready to implement today may do so as early as the announcement date of the policy. The language change would then look like this. Section 2. Policy and Effective Dates This Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars on 1 February 2018. * For the Red Cross, IOC, and IGOs, the Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars on no later than 1 March 2018 * For the INGOs, the Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars 12 months after the release of the INGO Claims System Specification. I’ve asked Michelle to schedule another IRT meeting on 10 August 2017 to discuss this as a team. However, if the IRT provides agreement to this change via email replies, we can handle won’t need to meet. Please let us hear from you. Thanks Dennis Chang From: <gnso-igo-ingo-ip-irt-bounces@icann.org<mailto:gnso-igo-ingo-ip-irt-bounces@icann.org>> on behalf of Dennis Chang <dennis.chang@icann.org<mailto:dennis.chang@icann.org>> Date: Friday, July 21, 2017 at 8:59 AM To: "gnso-igo-ingo-ip-irt@icann.org<mailto:gnso-igo-ingo-ip-irt@icann.org>" <gnso-igo-ingo-ip-irt@icann.org<mailto:gnso-igo-ingo-ip-irt@icann.org>> Subject: [Gnso-igo-ingo-ip-irt] IGO&INGO IRT decisions affecting policy effective dates Dear IGO/INGO IRT, On 20 July 2017, IRT took two decisions. 1. Exception Procedure: The further consideration regarding exceptions procedure for non-IGOs is now closed (email below.) The IRT agreed that this is out of scope and suggested we include the pertaining policy recommendation language in the summary report. 2. Policy Effective Date: A new approach to the effective date(s) was discussed and agreed upon for next steps. More on the effective dates: IRT reviewed an approach where we could accommodate the RySG’s recommendation for “setting an implementation no earlier than 12 months from the approval of the specifications.” And at the same time, provide the registration mechanism for Red Cross, IOC and IGOs earlier than 12 months; use 6-month implementation duration instead. The following is the proposed change to the policy language. Section 2. Policy and Effective Dates This Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars on 1 February 2018. * For the Red Cross, IOC, and IGOs, the Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars on 1 March 2018 * For the INGOs, the Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars 12 months after the release of the INGO Claims System Specification. The 1 March 2018 is based on a new target date of 1 September 2017 announcement date; 6-month implementation time period. This change was agreed upon by the IRT members at the meeting but since this effects the policy effective dates, we thought the entire IRT should be consulted. The next step is to correspond with the RySG to ensure that the 6-month implementation time for the Red Cross, IOC and IGOs prior to publication is acceptable. Please let us hear from you by 24 July 2017 before we contact RySG about this. Thanks Dennis Chang From: <gnso-igo-ingo-ip-irt-bounces@icann.org<mailto:gnso-igo-ingo-ip-irt-bounces@icann.org>> on behalf of Mary Wong <mary.wong@icann.org<mailto:mary.wong@icann.org>> Date: Tuesday, July 18, 2017 at 9:40 AM To: "gnso-igo-ingo-ip-irt@icann.org<mailto:gnso-igo-ingo-ip-irt@icann.org>" <gnso-igo-ingo-ip-irt@icann.org<mailto:gnso-igo-ingo-ip-irt@icann.org>> Subject: [Gnso-igo-ingo-ip-irt] Further information on the question raised about the scope of the Exception Procedure Dear IRT members, I’m writing to follow up on Dennis’ email (below) and the discussion at the last IRT meeting, concerning public comments submitted questioning the fairness of limiting the Exception Procedure for the protected names to just the protected organizations. The basic concern expressed was that this potentially prevents third parties with legitimate rights from also applying for good faith registrations. As described on the IRT call, the scope of our current implementation is limited to what the policy recommendations actually are. In this case, the recommendation for an Exception Procedure that was approved by the GNSO Council and the ICANN Board was specifically limited to the relevant protected organization (i.e. Red Cross, IOC, IGOs). As such, it is out of scope for the IRT to itself debate, amend or add to the policy recommendation – this is made clear by the Principles & Guidelines for IRTs adopted by the GNSO Council in August 2016 (“The IRT is not a forum for opening or revisiting policy discussions. Where issues emerge that may require possible policy discussion, these will be escalated using the designated procedure … “: you can see the full text of the Principles & Guidelines at https://www.icann.org/en/system/files/files/irt-principles-guidelines-23aug1...). To the extent that the IRT believes there is a need to go back to the GNSO Council (e.g. for clarity as to the intention or scope of a policy recommendation or about a policy issue that arises during implementation), the designated procedure is as follows. The query should first be raised with the GNSO Council liaison to the IRT, who has the responsibility of ascertaining whether there is consensus within the IRT or agreement between the IRT and GDD staff on either the need for further guidance from the GNSO Council or on the question whether there is an issue that may require possible policy discussion (see Section V.E of the Principles & Guidelines). We hope the information is helpful to the IRT as you continue your deliberations. Thanks and cheers Mary From: <gnso-igo-ingo-ip-irt-bounces@icann.org<mailto:gnso-igo-ingo-ip-irt-bounces@icann.org>> on behalf of Dennis Chang <dennis.chang@icann.org<mailto:dennis.chang@icann.org>> Date: Thursday, July 13, 2017 at 23:37 To: "gnso-igo-ingo-ip-irt@icann.org<mailto:gnso-igo-ingo-ip-irt@icann.org>" <gnso-igo-ingo-ip-irt@icann.org<mailto:gnso-igo-ingo-ip-irt@icann.org>> Subject: [Gnso-igo-ingo-ip-irt] IGO&INGO Policy Implementation: Public comment analysis Dear IGO/INGO IRT, I am happy to report, that our IRT meeting today was tremendously productive. We managed to go through every comment in a 90-minute session. Attached is our analysis from today’s meeting for your refererence. Here are a few resulting stats: Changes to the policy language for clarification: 4 Additional implementation notes: 4 Addition to the FAQ: 3 Under further consideration: 1 The comment that the IRT asked to consider further is about exceptions procedure. In the attached analysis worksheet, it’s comment number 4.2-3 copied here for your convenience. No Section Comments from Category Summary Analysis 4.2-3 4.2 "if a domain name, containing an exact match name from the Red Cross, IOC, and IGO Identifier List, is registered before this Consensus Policy effective date or before the label is added to the Red Cross, IOC and IGO Identifier List, the Registry Operator MUST permit renewal or transfer of the domain name. If a domain name, containing an exact match name from the Red Cross, IOC and IGO Identifier List, is registered before the label is added to the Red Cross, IOC and IGO Identifier List, and is subsequently deleted, the Registry Operator MUST withhold the domain name from registration or allocate the domain name to Registry Operator", is therefore a decent "mid-way" proposal to solve the topic of how to deal with existing registrations in gTLDs. However, it could be argued that it would be more fair if good faith, non-infringing registrations by those with legitimate rights should be allowed at any time as a matter of course, possibly with review and non-objection by the Red Cross, IOC or IGO entity. IPC Change to exceptions procedure Exceptions procedure: it would be more fair if good faith, non-infringing registrations by those with legitimate rights should be allowed at any time as a matter of course, possibly with review and non-objection by the Red Cross, IOC or IGO entity. no change requested; current position is no change as this was not the initial interpretation of the policy; However, IRT would like to consider further. send an email to IRT to solicit broader input and then conclude next week Should the registration be allowed for non-(Red Cross, IOC, or IGO) organizations? Would this be in-line with the policy recommendation? If we did, how could this work? If we do not allow this (as it is in our current plan,) would we not be in alignment with the policy recommendation? The IRT members are invited to provide comments. Thanks Dennis Chang p.s. As for the question, I’ve asked the IRT in earlier email (below), Crystal was kind to explain the reason for the request for the 12-month (rather than 6-month) for implementation. As we expected, it was due to the assumption that there would be a new system with a new interface that registry operators have to work with – rather than the TMCH they already work with. As the IRT is well aware, we have intentionally avoided any mention of TMCH to avoid any confusion that this policy had anything to do with Trademarks. I suppose it worked. In any case, the IRT suggested that we provide and explanation in our summary report and 6-month duration would not be an issue. From: <gnso-igo-ingo-ip-irt-bounces@icann.org<mailto:gnso-igo-ingo-ip-irt-bounces@icann.org>> on behalf of Dennis Chang <dennis.chang@icann.org<mailto:dennis.chang@icann.org>> Date: Tuesday, July 11, 2017 at 5:47 PM To: "gnso-igo-ingo-ip-irt@icann.org<mailto:gnso-igo-ingo-ip-irt@icann.org>" <gnso-igo-ingo-ip-irt@icann.org<mailto:gnso-igo-ingo-ip-irt@icann.org>> Subject: [Gnso-igo-ingo-ip-irt] [question to IRT] IGO&INGO Policy Implementation: RySG comment requesting extended implementation time of 12-month (was 6-months) Dear Registry Operator representatives of the IRT, As you know, we’ve received comments from the RySG on 9 July 2017 and implementation team is working through the comments to understand the specific requests. In the RySG comment, we note that the implementation time be extended from 6 months to 12 months. “a. An implementation date of 1 February 2018 may not provide proper time for Registry Operators to prepare for new processes or integration with the INGO Claims System. However, the preferred approach is to leverage TMCH for Claims Services. Therefore, we recommend setting an implementation no earlier than 12 months from the approval of the specifications.” We have discussed the 6-month implementation timeline during the drafting of the implementation plan and it was deemed adequate and therefore decided on the 1 Feb 2018 effective date with 1 August 2017 announcement. We are now trying to gain an understanding of need for the extended implementation duration. Is the 12-months requested with the assumption that we will not be leveraging the TMCH claims service? If the implementation plan is “the preferred approach to leverage TMCH,” would the 6-month duration be acceptable? In light of the fact that we were advised some ROs did not want delays on this implementation, it would be helpful for us to have a good understanding for accepting this requested change from RySG. We were going to reach out to RySG directly then realized that five of our own IRT are members of the RySG and could provide the rationale to us directly. Please let us hear from you. It would be good to have this answer prior to our IRT meeting to take a decision then. — Kind Regards, Dennis S. Chang GDD Services & Engagement Program Director +1 213 293 7889 Skype: dennisSchang www.icann.org<http://www.icann.org> "One World, One Internet" _______________________________________________ Gnso-igo-ingo-ip-irt mailing list Gnso-igo-ingo-ip-irt@icann.org<mailto:Gnso-igo-ingo-ip-irt@icann.org> https://mm.icann.org/mailman/listinfo/gnso-igo-ingo-ip-irt ________________________________
+1 Jim James L. Bikoff<http://www.sgrlaw.com/attorneys/bikoff-james/> | Attorney at Law 202-263-4341 phone 202-263-4329 fax www.sgrlaw.com<http://www.sgrlaw.com> jbikoff@sgrlaw.com<mailto:jbikoff@sgrlaw.com> 1055 Thomas Jefferson Street, N.W. Suite 400 Washington, D.C. 20007 [cid:imagec03fbe.JPG@29039525.49a69ae3]<http://www.sgrlaw.com> Smith, Gambrell & Russell, LLP From: gnso-igo-ingo-ip-irt-bounces@icann.org [mailto:gnso-igo-ingo-ip-irt-bounces@icann.org] On Behalf Of Lori Schulman Sent: Friday, August 04, 2017 12:05 PM To: petter.rindforth@fenixlegal.eu; Dennis Chang Cc: gnso-igo-ingo-ip-irt@icann.org Subject: Re: [Gnso-igo-ingo-ip-irt] Request for IGO&INGO IRT consideration on policy effective date: "no later than" Hi Dennis, I agree with Petter, this seems very sensible. Lori Lori S. Schulman Senior Director, Internet Policy International Trademark Association (INTA) +1-202-704-0408, Skype: lsschulman From: gnso-igo-ingo-ip-irt-bounces@icann.org<mailto:gnso-igo-ingo-ip-irt-bounces@icann.org> [mailto:gnso-igo-ingo-ip-irt-bounces@icann.org] On Behalf Of Petter Rindforth Sent: Friday, August 04, 2017 11:54 AM To: Dennis Chang <dennis.chang@icann.org<mailto:dennis.chang@icann.org>> Cc: gnso-igo-ingo-ip-irt@icann.org<mailto:gnso-igo-ingo-ip-irt@icann.org> Subject: Re: [Gnso-igo-ingo-ip-irt] Request for IGO&INGO IRT consideration on policy effective date: "no later than" Hi Dennis & All I have no objection to the proposed amendment of effective date for Red Cross, IOC, and IGOs. Seem to me as a practical solution. All the best, 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@fenixlegal.eu<mailto:petter.rindforth@fenixlegal.eu> www.fenixlegal.eu<http://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<http://www.fenixlegal.eu> Thank you 4 augusti 2017 16:37:21 +02:00, skrev Dennis Chang <dennis.chang@icann.org<mailto:dennis.chang@icann.org>>: Dear IGO/INGO IRT, Thank you for your continued support as we near the completion of the policy revision. We have one more request for your consideration. The implementation team had another idea for an improvement. We believe that this change will provide the flexibility that Red Cross, IOC and IGOs will appreciate. It effectively offers the exceptions procedure they need immediately upon the announcement of the policy. Instead of “on” an effective date, we propose using “no later than” an effective date. This way those registries and registrar that need the 6-month implementation time can have the full 6-months, while those that are ready to implement today may do so as early as the announcement date of the policy. The language change would then look like this. Section 2. Policy and Effective Dates This Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars on 1 February 2018. * For the Red Cross, IOC, and IGOs, the Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars on no later than 1 March 2018 * For the INGOs, the Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars 12 months after the release of the INGO Claims System Specification. I’ve asked Michelle to schedule another IRT meeting on 10 August 2017 to discuss this as a team. However, if the IRT provides agreement to this change via email replies, we can handle won’t need to meet. Please let us hear from you. Thanks Dennis Chang From: <gnso-igo-ingo-ip-irt-bounces@icann.org<mailto:gnso-igo-ingo-ip-irt-bounces@icann.org>> on behalf of Dennis Chang <dennis.chang@icann.org<mailto:dennis.chang@icann.org>> Date: Friday, July 21, 2017 at 8:59 AM To: "gnso-igo-ingo-ip-irt@icann.org<mailto:gnso-igo-ingo-ip-irt@icann.org>" <gnso-igo-ingo-ip-irt@icann.org<mailto:gnso-igo-ingo-ip-irt@icann.org>> Subject: [Gnso-igo-ingo-ip-irt] IGO&INGO IRT decisions affecting policy effective dates Dear IGO/INGO IRT, On 20 July 2017, IRT took two decisions. 1. Exception Procedure: The further consideration regarding exceptions procedure for non-IGOs is now closed (email below.) The IRT agreed that this is out of scope and suggested we include the pertaining policy recommendation language in the summary report. 2. Policy Effective Date: A new approach to the effective date(s) was discussed and agreed upon for next steps. More on the effective dates: IRT reviewed an approach where we could accommodate the RySG’s recommendation for “setting an implementation no earlier than 12 months from the approval of the specifications.” And at the same time, provide the registration mechanism for Red Cross, IOC and IGOs earlier than 12 months; use 6-month implementation duration instead. The following is the proposed change to the policy language. Section 2. Policy and Effective Dates This Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars on 1 February 2018. * For the Red Cross, IOC, and IGOs, the Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars on 1 March 2018 * For the INGOs, the Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars 12 months after the release of the INGO Claims System Specification. The 1 March 2018 is based on a new target date of 1 September 2017 announcement date; 6-month implementation time period. This change was agreed upon by the IRT members at the meeting but since this effects the policy effective dates, we thought the entire IRT should be consulted. The next step is to correspond with the RySG to ensure that the 6-month implementation time for the Red Cross, IOC and IGOs prior to publication is acceptable. Please let us hear from you by 24 July 2017 before we contact RySG about this. Thanks Dennis Chang From: <gnso-igo-ingo-ip-irt-bounces@icann.org<mailto:gnso-igo-ingo-ip-irt-bounces@icann.org>> on behalf of Mary Wong <mary.wong@icann.org<mailto:mary.wong@icann.org>> Date: Tuesday, July 18, 2017 at 9:40 AM To: "gnso-igo-ingo-ip-irt@icann.org<mailto:gnso-igo-ingo-ip-irt@icann.org>" <gnso-igo-ingo-ip-irt@icann.org<mailto:gnso-igo-ingo-ip-irt@icann.org>> Subject: [Gnso-igo-ingo-ip-irt] Further information on the question raised about the scope of the Exception Procedure Dear IRT members, I’m writing to follow up on Dennis’ email (below) and the discussion at the last IRT meeting, concerning public comments submitted questioning the fairness of limiting the Exception Procedure for the protected names to just the protected organizations. The basic concern expressed was that this potentially prevents third parties with legitimate rights from also applying for good faith registrations. As described on the IRT call, the scope of our current implementation is limited to what the policy recommendations actually are. In this case, the recommendation for an Exception Procedure that was approved by the GNSO Council and the ICANN Board was specifically limited to the relevant protected organization (i.e. Red Cross, IOC, IGOs). As such, it is out of scope for the IRT to itself debate, amend or add to the policy recommendation – this is made clear by the Principles & Guidelines for IRTs adopted by the GNSO Council in August 2016 (“The IRT is not a forum for opening or revisiting policy discussions. Where issues emerge that may require possible policy discussion, these will be escalated using the designated procedure … “: you can see the full text of the Principles & Guidelines at https://www.icann.org/en/system/files/files/irt-principles-guidelines-23aug1...). To the extent that the IRT believes there is a need to go back to the GNSO Council (e.g. for clarity as to the intention or scope of a policy recommendation or about a policy issue that arises during implementation), the designated procedure is as follows. The query should first be raised with the GNSO Council liaison to the IRT, who has the responsibility of ascertaining whether there is consensus within the IRT or agreement between the IRT and GDD staff on either the need for further guidance from the GNSO Council or on the question whether there is an issue that may require possible policy discussion (see Section V.E of the Principles & Guidelines). We hope the information is helpful to the IRT as you continue your deliberations. Thanks and cheers Mary From: <gnso-igo-ingo-ip-irt-bounces@icann.org<mailto:gnso-igo-ingo-ip-irt-bounces@icann.org>> on behalf of Dennis Chang <dennis.chang@icann.org<mailto:dennis.chang@icann.org>> Date: Thursday, July 13, 2017 at 23:37 To: "gnso-igo-ingo-ip-irt@icann.org<mailto:gnso-igo-ingo-ip-irt@icann.org>" <gnso-igo-ingo-ip-irt@icann.org<mailto:gnso-igo-ingo-ip-irt@icann.org>> Subject: [Gnso-igo-ingo-ip-irt] IGO&INGO Policy Implementation: Public comment analysis Dear IGO/INGO IRT, I am happy to report, that our IRT meeting today was tremendously productive. We managed to go through every comment in a 90-minute session. Attached is our analysis from today’s meeting for your refererence. Here are a few resulting stats: Changes to the policy language for clarification: 4 Additional implementation notes: 4 Addition to the FAQ: 3 Under further consideration: 1 The comment that the IRT asked to consider further is about exceptions procedure. In the attached analysis worksheet, it’s comment number 4.2-3 copied here for your convenience. No Section Comments from Category Summary Analysis 4.2-3 4.2 "if a domain name, containing an exact match name from the Red Cross, IOC, and IGO Identifier List, is registered before this Consensus Policy effective date or before the label is added to the Red Cross, IOC and IGO Identifier List, the Registry Operator MUST permit renewal or transfer of the domain name. If a domain name, containing an exact match name from the Red Cross, IOC and IGO Identifier List, is registered before the label is added to the Red Cross, IOC and IGO Identifier List, and is subsequently deleted, the Registry Operator MUST withhold the domain name from registration or allocate the domain name to Registry Operator", is therefore a decent "mid-way" proposal to solve the topic of how to deal with existing registrations in gTLDs. However, it could be argued that it would be more fair if good faith, non-infringing registrations by those with legitimate rights should be allowed at any time as a matter of course, possibly with review and non-objection by the Red Cross, IOC or IGO entity. IPC Change to exceptions procedure Exceptions procedure: it would be more fair if good faith, non-infringing registrations by those with legitimate rights should be allowed at any time as a matter of course, possibly with review and non-objection by the Red Cross, IOC or IGO entity. no change requested; current position is no change as this was not the initial interpretation of the policy; However, IRT would like to consider further. send an email to IRT to solicit broader input and then conclude next week Should the registration be allowed for non-(Red Cross, IOC, or IGO) organizations? Would this be in-line with the policy recommendation? If we did, how could this work? If we do not allow this (as it is in our current plan,) would we not be in alignment with the policy recommendation? The IRT members are invited to provide comments. Thanks Dennis Chang p.s. As for the question, I’ve asked the IRT in earlier email (below), Crystal was kind to explain the reason for the request for the 12-month (rather than 6-month) for implementation. As we expected, it was due to the assumption that there would be a new system with a new interface that registry operators have to work with – rather than the TMCH they already work with. As the IRT is well aware, we have intentionally avoided any mention of TMCH to avoid any confusion that this policy had anything to do with Trademarks. I suppose it worked. In any case, the IRT suggested that we provide and explanation in our summary report and 6-month duration would not be an issue. From: <gnso-igo-ingo-ip-irt-bounces@icann.org<mailto:gnso-igo-ingo-ip-irt-bounces@icann.org>> on behalf of Dennis Chang <dennis.chang@icann.org<mailto:dennis.chang@icann.org>> Date: Tuesday, July 11, 2017 at 5:47 PM To: "gnso-igo-ingo-ip-irt@icann.org<mailto:gnso-igo-ingo-ip-irt@icann.org>" <gnso-igo-ingo-ip-irt@icann.org<mailto:gnso-igo-ingo-ip-irt@icann.org>> Subject: [Gnso-igo-ingo-ip-irt] [question to IRT] IGO&INGO Policy Implementation: RySG comment requesting extended implementation time of 12-month (was 6-months) Dear Registry Operator representatives of the IRT, As you know, we’ve received comments from the RySG on 9 July 2017 and implementation team is working through the comments to understand the specific requests. In the RySG comment, we note that the implementation time be extended from 6 months to 12 months. “a. An implementation date of 1 February 2018 may not provide proper time for Registry Operators to prepare for new processes or integration with the INGO Claims System. However, the preferred approach is to leverage TMCH for Claims Services. Therefore, we recommend setting an implementation no earlier than 12 months from the approval of the specifications.” We have discussed the 6-month implementation timeline during the drafting of the implementation plan and it was deemed adequate and therefore decided on the 1 Feb 2018 effective date with 1 August 2017 announcement. We are now trying to gain an understanding of need for the extended implementation duration. Is the 12-months requested with the assumption that we will not be leveraging the TMCH claims service? If the implementation plan is “the preferred approach to leverage TMCH,” would the 6-month duration be acceptable? In light of the fact that we were advised some ROs did not want delays on this implementation, it would be helpful for us to have a good understanding for accepting this requested change from RySG. We were going to reach out to RySG directly then realized that five of our own IRT are members of the RySG and could provide the rationale to us directly. Please let us hear from you. It would be good to have this answer prior to our IRT meeting to take a decision then. — Kind Regards, Dennis S. Chang GDD Services & Engagement Program Director +1 213 293 7889 Skype: dennisSchang www.icann.org<http://www.icann.org> "One World, One Internet" _______________________________________________ Gnso-igo-ingo-ip-irt mailing list Gnso-igo-ingo-ip-irt@icann.org<mailto:Gnso-igo-ingo-ip-irt@icann.org> https://mm.icann.org/mailman/listinfo/gnso-igo-ingo-ip-irt ________________________________ Confidentiality Notice This message is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of the message.
Works for me as well. Best, Crystal On Fri, Aug 4, 2017 at 9:13 AM, Bikoff, James <jbikoff@sgrlaw.com> wrote:
+1
Jim
James L. Bikoff <http://www.sgrlaw.com/attorneys/bikoff-james/> | Attorney at Law
202-263-4341 <(202)%20263-4341> *phone* 202-263-4329 <(202)%20263-4329> *fax*
*www.sgrlaw.com <http://www.sgrlaw.com> jbikoff@sgrlaw.com <jbikoff@sgrlaw.com>*
1055 Thomas Jefferson Street, N.W. Suite 400 Washington, D.C. 20007
<http://www.sgrlaw.com> Smith, Gambrell & Russell, LLP
*From:* gnso-igo-ingo-ip-irt-bounces@icann.org [mailto: gnso-igo-ingo-ip-irt-bounces@icann.org] *On Behalf Of *Lori Schulman *Sent:* Friday, August 04, 2017 12:05 PM *To:* petter.rindforth@fenixlegal.eu; Dennis Chang
*Cc:* gnso-igo-ingo-ip-irt@icann.org *Subject:* Re: [Gnso-igo-ingo-ip-irt] Request for IGO&INGO IRT consideration on policy effective date: "no later than"
Hi Dennis,
I agree with Petter, this seems very sensible.
Lori
Lori S. Schulman
Senior Director, Internet Policy
*International Trademark Association (INTA)*
+1-202-704-0408 <(202)%20704-0408>, Skype: lsschulman
*From:* gnso-igo-ingo-ip-irt-bounces@icann.org [ mailto:gnso-igo-ingo-ip-irt-bounces@icann.org <gnso-igo-ingo-ip-irt-bounces@icann.org>] *On Behalf Of *Petter Rindforth *Sent:* Friday, August 04, 2017 11:54 AM *To:* Dennis Chang <dennis.chang@icann.org> *Cc:* gnso-igo-ingo-ip-irt@icann.org *Subject:* Re: [Gnso-igo-ingo-ip-irt] Request for IGO&INGO IRT consideration on policy effective date: "no later than"
Hi Dennis & All
I have no objection to the proposed amendment of effective date for Red Cross, IOC, and IGOs.
Seem to me as a practical solution.
All the best,
Petter
--
Petter Rindforth, LL M
Fenix Legal KB
Stureplan 4c, 4tr
114 35 Stockholm
Sweden
Fax: +46(0)8-4631010 <+46%208%20463%2010%2010>
Direct phone: +46(0)702-369360
E-mail: petter.rindforth@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
4 augusti 2017 16:37:21 +02:00, skrev Dennis Chang <dennis.chang@icann.org
:
Dear IGO/INGO IRT,
Thank you for your continued support as we near the completion of the policy revision. We have one more request for your consideration.
The implementation team had another idea for an improvement. We believe that this change will provide the flexibility that Red Cross, IOC and IGOs will appreciate. It effectively offers the exceptions procedure they need immediately upon the announcement of the policy. Instead of “on” an effective date, we propose using “no later than” an effective date. This way those registries and registrar that need the 6-month implementation time can have the full 6-months, while those that are ready to implement today may do so as early as the announcement date of the policy. The language change would then look like this.
*Section 2. Policy and Effective Dates* This Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars on 1 February 2018.
1. For the Red Cross, IOC, and IGOs, the Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars on no later than 1 March 2018 2. For the INGOs, the Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars 12 months after the release of the INGO Claims System Specification.
I’ve asked Michelle to schedule another IRT meeting on 10 August 2017 to discuss this as a team. However, if the IRT provides agreement to this change via email replies, we can handle won’t need to meet.
Please let us hear from you.
Thanks
Dennis Chang
*From: *<gnso-igo-ingo-ip-irt-bounces@icann.org> on behalf of Dennis Chang <dennis.chang@icann.org> *Date: *Friday, July 21, 2017 at 8:59 AM *To: *"gnso-igo-ingo-ip-irt@icann.org" <gnso-igo-ingo-ip-irt@icann.org> *Subject: *[Gnso-igo-ingo-ip-irt] IGO&INGO IRT decisions affecting policy effective dates
Dear IGO/INGO IRT,
On 20 July 2017, IRT took two decisions.
1. *Exception Procedure*: The further consideration regarding exceptions procedure for non-IGOs is now closed (email below.) The IRT agreed that this is out of scope and suggested we include the pertaining policy recommendation language in the summary report. 2. *Policy Effective Date*: A new approach to the effective date(s) was discussed and agreed upon for next steps.
More on the effective dates:
IRT reviewed an approach where we could accommodate the RySG’s recommendation for “setting an implementation no earlier than *12 months from the approval of the specifications*.”
And at the same time, provide the registration mechanism for Red Cross, IOC and IGOs earlier than 12 months; use 6-month implementation duration instead.
The following is the proposed change to the policy language.
*Section 2. Policy and Effective Dates* This Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars on 1 February 2018.
1. For the Red Cross, IOC, and IGOs, the Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars on 1 March 2018 2. For the INGOs, the Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars 12 months after the release of the INGO Claims System Specification.
The 1 March 2018 is based on a new target date of 1 September 2017 announcement date; 6-month implementation time period.
This change was agreed upon by the IRT members at the meeting but since this effects the policy effective dates, we thought the entire IRT should be consulted.
The next step is to correspond with the RySG to ensure that the 6-month implementation time for the Red Cross, IOC and IGOs prior to publication is acceptable.
Please let us hear from you by 24 July 2017 before we contact RySG about this.
Thanks
Dennis Chang
*From: *<gnso-igo-ingo-ip-irt-bounces@icann.org> on behalf of Mary Wong < mary.wong@icann.org> *Date: *Tuesday, July 18, 2017 at 9:40 AM *To: *"gnso-igo-ingo-ip-irt@icann.org" <gnso-igo-ingo-ip-irt@icann.org> *Subject: *[Gnso-igo-ingo-ip-irt] Further information on the question raised about the scope of the Exception Procedure
Dear IRT members,
I’m writing to follow up on Dennis’ email (below) and the discussion at the last IRT meeting, concerning public comments submitted questioning the fairness of limiting the Exception Procedure for the protected names to just the protected organizations. The basic concern expressed was that this potentially prevents third parties with legitimate rights from also applying for good faith registrations.
As described on the IRT call, the scope of our current implementation is limited to what the policy recommendations actually are. In this case, the recommendation for an Exception Procedure that was approved by the GNSO Council and the ICANN Board was specifically limited to the relevant protected organization (i.e. Red Cross, IOC, IGOs). As such, *it is out of scope for the IRT to itself debate, amend or add to the policy recommendation* – this is made clear by the Principles & Guidelines for IRTs adopted by the GNSO Council in August 2016 (“The IRT is not a forum for opening or revisiting policy discussions. Where
issues emerge that may require possible policy discussion, these will be
escalated using the designated procedure … “: you can see the full text of the Principles & Guidelines at https://www.icann.org/en/ system/files/files/irt-principles-guidelines-23aug16-en.pdf).
To the extent that the IRT believes there is a need to go back to the GNSO Council (e.g. for clarity as to the intention or scope of a policy recommendation or about a policy issue that arises during implementation), the designated procedure is as follows. *The query should first be raised with the GNSO Council liaison to the IRT, who has the responsibility of ascertaining whether there is consensus within the IRT or agreement between the IRT and GDD staff on either the need for further guidance from the GNSO Council or on the question whether there is an issue that may require possible policy discussion* (see Section V.E of the Principles & Guidelines).
We hope the information is helpful to the IRT as you continue your deliberations.
Thanks and cheers
Mary
*From: *<gnso-igo-ingo-ip-irt-bounces@icann.org> on behalf of Dennis Chang <dennis.chang@icann.org> *Date: *Thursday, July 13, 2017 at 23:37 *To: *"gnso-igo-ingo-ip-irt@icann.org" <gnso-igo-ingo-ip-irt@icann.org> *Subject: *[Gnso-igo-ingo-ip-irt] IGO&INGO Policy Implementation: Public comment analysis
Dear IGO/INGO IRT,
I am happy to report, that our IRT meeting today was tremendously productive. We managed to go through every comment in a 90-minute session. Attached is our analysis from today’s meeting for your refererence.
Here are a few resulting stats:
Changes to the policy language for clarification: 4
Additional implementation notes: 4
Addition to the FAQ: 3
Under further consideration: 1
The comment that the IRT asked to consider further is about exceptions procedure. In the attached analysis worksheet, it’s comment number 4.2-3 copied here for your convenience.
No
Section
Comments
from
Category
Summary
Analysis
4.2-3
4.2
"if a domain name, containing an exact match name from the Red Cross, IOC, and IGO Identifier List, is registered before this Consensus Policy effective date or before the label is added to the Red Cross, IOC and IGO Identifier List, the Registry Operator MUST permit renewal or transfer of the domain name. If a domain name, containing an exact match name from the Red Cross, IOC and IGO Identifier List, is registered before the label is added to the Red Cross, IOC and IGO Identifier List, and is subsequently deleted, the Registry Operator MUST withhold the domain name from registration or allocate the domain name to Registry Operator", is therefore a decent "mid-way" proposal to solve the topic of how to deal with existing registrations in gTLDs. However, it could be argued that it would be more fair if good faith, non-infringing registrations by those with legitimate rights should be allowed at any time as a matter of course, possibly with review and non-objection by the Red Cross, IOC or IGO entity.
IPC
Change to exceptions procedure
Exceptions procedure: it would be more fair if good faith, non-infringing registrations by those with legitimate rights should be allowed at any time as a matter of course, possibly with review and non-objection by the Red Cross, IOC or IGO entity.
no change requested; current position is no change as this was not the initial interpretation of the policy; However, IRT would like to consider further. send an email to IRT to solicit broader input and then conclude next week
Should the registration be allowed for non-(Red Cross, IOC, or IGO) organizations? Would this be in-line with the policy recommendation? If we did, how could this work?
If we do not allow this (as it is in our current plan,) would we not be in alignment with the policy recommendation?
The IRT members are invited to provide comments.
Thanks
Dennis Chang
p.s. As for the question, I’ve asked the IRT in earlier email (below), Crystal was kind to explain the reason for the request for the 12-month (rather than 6-month) for implementation.
As we expected, it was due to the assumption that there would be a new system with a new interface that registry operators have to work with – rather than the TMCH they already work with.
As the IRT is well aware, we have intentionally avoided any mention of TMCH to avoid any confusion that this policy had anything to do with Trademarks. I suppose it worked.
In any case, the IRT suggested that we provide and explanation in our summary report and 6-month duration would not be an issue.
*From: *<gnso-igo-ingo-ip-irt-bounces@icann.org> on behalf of Dennis Chang <dennis.chang@icann.org> *Date: *Tuesday, July 11, 2017 at 5:47 PM *To: *"gnso-igo-ingo-ip-irt@icann.org" <gnso-igo-ingo-ip-irt@icann.org> *Subject: *[Gnso-igo-ingo-ip-irt] [question to IRT] IGO&INGO Policy Implementation: RySG comment requesting extended implementation time of 12-month (was 6-months)
Dear Registry Operator representatives of the IRT,
As you know, we’ve received comments from the RySG on 9 July 2017 and implementation team is working through the comments to understand the specific requests.
In the RySG comment, we note that the implementation time be extended from 6 months to 12 months.
“a. An implementation date of 1 February 2018 may not provide proper time for Registry Operators to prepare for new processes or integration with the INGO Claims System. However, the preferred approach is to leverage TMCH for Claims Services. Therefore, we recommend setting an implementation no earlier than 12 months from the approval of the specifications.”
We have discussed the 6-month implementation timeline during the drafting of the implementation plan and it was deemed adequate and therefore decided on the 1 Feb 2018 effective date with 1 August 2017 announcement. We are now trying to gain an understanding of need for the extended implementation duration.
Is the 12-months requested with the assumption that we will not be leveraging the TMCH claims service?
If the implementation plan is “the preferred approach to leverage TMCH,” would the 6-month duration be acceptable?
In light of the fact that we were advised some ROs did not want delays on this implementation, it would be helpful for us to have a good understanding for accepting this requested change from RySG.
We were going to reach out to RySG directly then realized that five of our own IRT are members of the RySG and could provide the rationale to us directly.
Please let us hear from you.
It would be good to have this answer prior to our IRT meeting to take a decision then.
—
Kind Regards,
Dennis S. Chang
GDD Services & Engagement Program Director
+1 213 293 7889 <(213)%20293-7889>
Skype: dennisSchang
www.icann.org "One World, One Internet"
_______________________________________________
Gnso-igo-ingo-ip-irt mailing list
Gnso-igo-ingo-ip-irt@icann.org
https://mm.icann.org/mailman/listinfo/gnso-igo-ingo-ip-irt
------------------------------ Confidentiality Notice This message is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of the message.
_______________________________________________ Gnso-igo-ingo-ip-irt mailing list Gnso-igo-ingo-ip-irt@icann.org https://mm.icann.org/mailman/listinfo/gnso-igo-ingo-ip-irt
Agreed. On Fri, Aug 4, 2017 at 9:13 AM, Bikoff, James <jbikoff@sgrlaw.com> wrote:
+1
Jim
James L. Bikoff <http://www.sgrlaw.com/attorneys/bikoff-james/> | Attorney at Law
202-263-4341 <(202)%20263-4341> *phone* 202-263-4329 <(202)%20263-4329> *fax*
*www.sgrlaw.com <http://www.sgrlaw.com> jbikoff@sgrlaw.com <jbikoff@sgrlaw.com>*
1055 Thomas Jefferson Street, N.W. Suite 400 Washington, D.C. 20007
<http://www.sgrlaw.com> Smith, Gambrell & Russell, LLP
*From:* gnso-igo-ingo-ip-irt-bounces@icann.org [mailto: gnso-igo-ingo-ip-irt-bounces@icann.org] *On Behalf Of *Lori Schulman *Sent:* Friday, August 04, 2017 12:05 PM *To:* petter.rindforth@fenixlegal.eu; Dennis Chang *Cc:* gnso-igo-ingo-ip-irt@icann.org *Subject:* Re: [Gnso-igo-ingo-ip-irt] Request for IGO&INGO IRT consideration on policy effective date: "no later than"
Hi Dennis,
I agree with Petter, this seems very sensible.
Lori
Lori S. Schulman
Senior Director, Internet Policy
*International Trademark Association (INTA)*
+1-202-704-0408 <(202)%20704-0408>, Skype: lsschulman
*From:* gnso-igo-ingo-ip-irt-bounces@icann.org [ mailto:gnso-igo-ingo-ip-irt-bounces@icann.org <gnso-igo-ingo-ip-irt-bounces@icann.org>] *On Behalf Of *Petter Rindforth *Sent:* Friday, August 04, 2017 11:54 AM *To:* Dennis Chang <dennis.chang@icann.org> *Cc:* gnso-igo-ingo-ip-irt@icann.org *Subject:* Re: [Gnso-igo-ingo-ip-irt] Request for IGO&INGO IRT consideration on policy effective date: "no later than"
Hi Dennis & All
I have no objection to the proposed amendment of effective date for Red Cross, IOC, and IGOs.
Seem to me as a practical solution.
All the best,
Petter
--
Petter Rindforth, LL M
Fenix Legal KB
Stureplan 4c, 4tr
114 35 Stockholm
Sweden
Fax: +46(0)8-4631010 <+46%208%20463%2010%2010>
Direct phone: +46(0)702-369360
E-mail: petter.rindforth@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
4 augusti 2017 16:37:21 +02:00, skrev Dennis Chang <dennis.chang@icann.org
:
Dear IGO/INGO IRT,
Thank you for your continued support as we near the completion of the policy revision. We have one more request for your consideration.
The implementation team had another idea for an improvement. We believe that this change will provide the flexibility that Red Cross, IOC and IGOs will appreciate. It effectively offers the exceptions procedure they need immediately upon the announcement of the policy. Instead of “on” an effective date, we propose using “no later than” an effective date. This way those registries and registrar that need the 6-month implementation time can have the full 6-months, while those that are ready to implement today may do so as early as the announcement date of the policy. The language change would then look like this.
*Section 2. Policy and Effective Dates* This Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars on 1 February 2018.
1. For the Red Cross, IOC, and IGOs, the Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars on no later than 1 March 2018 2. For the INGOs, the Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars 12 months after the release of the INGO Claims System Specification.
I’ve asked Michelle to schedule another IRT meeting on 10 August 2017 to discuss this as a team. However, if the IRT provides agreement to this change via email replies, we can handle won’t need to meet.
Please let us hear from you.
Thanks
Dennis Chang
*From: *<gnso-igo-ingo-ip-irt-bounces@icann.org> on behalf of Dennis Chang <dennis.chang@icann.org> *Date: *Friday, July 21, 2017 at 8:59 AM *To: *"gnso-igo-ingo-ip-irt@icann.org" <gnso-igo-ingo-ip-irt@icann.org> *Subject: *[Gnso-igo-ingo-ip-irt] IGO&INGO IRT decisions affecting policy effective dates
Dear IGO/INGO IRT,
On 20 July 2017, IRT took two decisions.
1. *Exception Procedure*: The further consideration regarding exceptions procedure for non-IGOs is now closed (email below.) The IRT agreed that this is out of scope and suggested we include the pertaining policy recommendation language in the summary report. 2. *Policy Effective Date*: A new approach to the effective date(s) was discussed and agreed upon for next steps.
More on the effective dates:
IRT reviewed an approach where we could accommodate the RySG’s recommendation for “setting an implementation no earlier than *12 months from the approval of the specifications*.”
And at the same time, provide the registration mechanism for Red Cross, IOC and IGOs earlier than 12 months; use 6-month implementation duration instead.
The following is the proposed change to the policy language.
*Section 2. Policy and Effective Dates* This Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars on 1 February 2018.
1. For the Red Cross, IOC, and IGOs, the Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars on 1 March 2018 2. For the INGOs, the Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars 12 months after the release of the INGO Claims System Specification.
The 1 March 2018 is based on a new target date of 1 September 2017 announcement date; 6-month implementation time period.
This change was agreed upon by the IRT members at the meeting but since this effects the policy effective dates, we thought the entire IRT should be consulted.
The next step is to correspond with the RySG to ensure that the 6-month implementation time for the Red Cross, IOC and IGOs prior to publication is acceptable.
Please let us hear from you by 24 July 2017 before we contact RySG about this.
Thanks
Dennis Chang
*From: *<gnso-igo-ingo-ip-irt-bounces@icann.org> on behalf of Mary Wong < mary.wong@icann.org> *Date: *Tuesday, July 18, 2017 at 9:40 AM *To: *"gnso-igo-ingo-ip-irt@icann.org" <gnso-igo-ingo-ip-irt@icann.org> *Subject: *[Gnso-igo-ingo-ip-irt] Further information on the question raised about the scope of the Exception Procedure
Dear IRT members,
I’m writing to follow up on Dennis’ email (below) and the discussion at the last IRT meeting, concerning public comments submitted questioning the fairness of limiting the Exception Procedure for the protected names to just the protected organizations. The basic concern expressed was that this potentially prevents third parties with legitimate rights from also applying for good faith registrations.
As described on the IRT call, the scope of our current implementation is limited to what the policy recommendations actually are. In this case, the recommendation for an Exception Procedure that was approved by the GNSO Council and the ICANN Board was specifically limited to the relevant protected organization (i.e. Red Cross, IOC, IGOs). As such, *it is out of scope for the IRT to itself debate, amend or add to the policy recommendation* – this is made clear by the Principles & Guidelines for IRTs adopted by the GNSO Council in August 2016 (“The IRT is not a forum for opening or revisiting policy discussions. Where
issues emerge that may require possible policy discussion, these will be
escalated using the designated procedure … “: you can see the full text of the Principles & Guidelines at https://www.icann.org/en/ system/files/files/irt-principles-guidelines-23aug16-en.pdf).
To the extent that the IRT believes there is a need to go back to the GNSO Council (e.g. for clarity as to the intention or scope of a policy recommendation or about a policy issue that arises during implementation), the designated procedure is as follows. *The query should first be raised with the GNSO Council liaison to the IRT, who has the responsibility of ascertaining whether there is consensus within the IRT or agreement between the IRT and GDD staff on either the need for further guidance from the GNSO Council or on the question whether there is an issue that may require possible policy discussion* (see Section V.E of the Principles & Guidelines).
We hope the information is helpful to the IRT as you continue your deliberations.
Thanks and cheers
Mary
*From: *<gnso-igo-ingo-ip-irt-bounces@icann.org> on behalf of Dennis Chang <dennis.chang@icann.org> *Date: *Thursday, July 13, 2017 at 23:37 *To: *"gnso-igo-ingo-ip-irt@icann.org" <gnso-igo-ingo-ip-irt@icann.org> *Subject: *[Gnso-igo-ingo-ip-irt] IGO&INGO Policy Implementation: Public comment analysis
Dear IGO/INGO IRT,
I am happy to report, that our IRT meeting today was tremendously productive. We managed to go through every comment in a 90-minute session. Attached is our analysis from today’s meeting for your refererence.
Here are a few resulting stats:
Changes to the policy language for clarification: 4
Additional implementation notes: 4
Addition to the FAQ: 3
Under further consideration: 1
The comment that the IRT asked to consider further is about exceptions procedure. In the attached analysis worksheet, it’s comment number 4.2-3 copied here for your convenience.
No
Section
Comments
from
Category
Summary
Analysis
4.2-3
4.2
"if a domain name, containing an exact match name from the Red Cross, IOC, and IGO Identifier List, is registered before this Consensus Policy effective date or before the label is added to the Red Cross, IOC and IGO Identifier List, the Registry Operator MUST permit renewal or transfer of the domain name. If a domain name, containing an exact match name from the Red Cross, IOC and IGO Identifier List, is registered before the label is added to the Red Cross, IOC and IGO Identifier List, and is subsequently deleted, the Registry Operator MUST withhold the domain name from registration or allocate the domain name to Registry Operator", is therefore a decent "mid-way" proposal to solve the topic of how to deal with existing registrations in gTLDs. However, it could be argued that it would be more fair if good faith, non-infringing registrations by those with legitimate rights should be allowed at any time as a matter of course, possibly with review and non-objection by the Red Cross, IOC or IGO entity.
IPC
Change to exceptions procedure
Exceptions procedure: it would be more fair if good faith, non-infringing registrations by those with legitimate rights should be allowed at any time as a matter of course, possibly with review and non-objection by the Red Cross, IOC or IGO entity.
no change requested; current position is no change as this was not the initial interpretation of the policy; However, IRT would like to consider further. send an email to IRT to solicit broader input and then conclude next week
Should the registration be allowed for non-(Red Cross, IOC, or IGO) organizations? Would this be in-line with the policy recommendation? If we did, how could this work?
If we do not allow this (as it is in our current plan,) would we not be in alignment with the policy recommendation?
The IRT members are invited to provide comments.
Thanks
Dennis Chang
p.s. As for the question, I’ve asked the IRT in earlier email (below), Crystal was kind to explain the reason for the request for the 12-month (rather than 6-month) for implementation.
As we expected, it was due to the assumption that there would be a new system with a new interface that registry operators have to work with – rather than the TMCH they already work with.
As the IRT is well aware, we have intentionally avoided any mention of TMCH to avoid any confusion that this policy had anything to do with Trademarks. I suppose it worked.
In any case, the IRT suggested that we provide and explanation in our summary report and 6-month duration would not be an issue.
*From: *<gnso-igo-ingo-ip-irt-bounces@icann.org> on behalf of Dennis Chang <dennis.chang@icann.org> *Date: *Tuesday, July 11, 2017 at 5:47 PM *To: *"gnso-igo-ingo-ip-irt@icann.org" <gnso-igo-ingo-ip-irt@icann.org> *Subject: *[Gnso-igo-ingo-ip-irt] [question to IRT] IGO&INGO Policy Implementation: RySG comment requesting extended implementation time of 12-month (was 6-months)
Dear Registry Operator representatives of the IRT,
As you know, we’ve received comments from the RySG on 9 July 2017 and implementation team is working through the comments to understand the specific requests.
In the RySG comment, we note that the implementation time be extended from 6 months to 12 months.
“a. An implementation date of 1 February 2018 may not provide proper time for Registry Operators to prepare for new processes or integration with the INGO Claims System. However, the preferred approach is to leverage TMCH for Claims Services. Therefore, we recommend setting an implementation no earlier than 12 months from the approval of the specifications.”
We have discussed the 6-month implementation timeline during the drafting of the implementation plan and it was deemed adequate and therefore decided on the 1 Feb 2018 effective date with 1 August 2017 announcement. We are now trying to gain an understanding of need for the extended implementation duration.
Is the 12-months requested with the assumption that we will not be leveraging the TMCH claims service?
If the implementation plan is “the preferred approach to leverage TMCH,” would the 6-month duration be acceptable?
In light of the fact that we were advised some ROs did not want delays on this implementation, it would be helpful for us to have a good understanding for accepting this requested change from RySG.
We were going to reach out to RySG directly then realized that five of our own IRT are members of the RySG and could provide the rationale to us directly.
Please let us hear from you.
It would be good to have this answer prior to our IRT meeting to take a decision then.
—
Kind Regards,
Dennis S. Chang
GDD Services & Engagement Program Director
+1 213 293 7889 <(213)%20293-7889>
Skype: dennisSchang
www.icann.org "One World, One Internet"
_______________________________________________
Gnso-igo-ingo-ip-irt mailing list
Gnso-igo-ingo-ip-irt@icann.org
https://mm.icann.org/mailman/listinfo/gnso-igo-ingo-ip-irt
------------------------------ Confidentiality Notice This message is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of the message.
_______________________________________________ Gnso-igo-ingo-ip-irt mailing list Gnso-igo-ingo-ip-irt@icann.org https://mm.icann.org/mailman/listinfo/gnso-igo-ingo-ip-irt
Thanks Mike and the IRT, So far, we’ve received replies from 5 IRT members (see below); all supporting the approach. If other members could reply as well, we’d appreciate it. If you’d like to use the 10 Aug 2017 IRT meeting to discuss this, please do reply with that request. If we receive no objection or requests by 8 Aug 2017, we’ll cancelled the 10 Aug 2017 meeting as promised. IGO/INGO IRT 1 Brian Cimbolic 2 Crystal Ondo Support 3 David Heasley 4 Jean-Francois Vandeneynde 5 Jim Bikoff Support 6 Keith Drazek - GNSO Council Liaison 7 Kristine Dorrain 8 Lori Schulman Support 9 Michael Flemming 10 Mike Rodenbaugh Support 11 Petter Rindforth Support 11 Valeriya Sherman Thanks Dennis Chang From: Mike Rodenbaugh <icann@rodenbaugh.com> Date: Friday, August 4, 2017 at 11:21 AM To: "Bikoff, James" <jbikoff@sgrlaw.com> Cc: Lori Schulman <lschulman@inta.org>, "petter.rindforth@fenixlegal.eu" <petter.rindforth@fenixlegal.eu>, Dennis Chang <dennis.chang@icann.org>, "gnso-igo-ingo-ip-irt@icann.org" <gnso-igo-ingo-ip-irt@icann.org> Subject: [Ext] Re: [Gnso-igo-ingo-ip-irt] Request for IGO&INGO IRT consideration on policy effective date: "no later than" Agreed. On Fri, Aug 4, 2017 at 9:13 AM, Bikoff, James <jbikoff@sgrlaw.com<mailto:jbikoff@sgrlaw.com>> wrote: +1 Jim James L. Bikoff[sgrlaw.com]<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.sgrlaw.com_attorneys...> | Attorney at Law 202-263-4341<tel:(202)%20263-4341> phone 202-263-4329<tel:(202)%20263-4329> fax www.sgrlaw.com[sgrlaw.com]<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.sgrlaw.com&d=DwMFaQ&...> jbikoff@sgrlaw.com<mailto:jbikoff@sgrlaw.com> 1055 Thomas Jefferson Street, N.W. Suite 400 Washington, D.C. 20007 [cid:image001.jpg@01D30F55.018D9890][sgrlaw.com]<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.sgrlaw.com&d=DwMFaQ&...> Smith, Gambrell & Russell, LLP From: gnso-igo-ingo-ip-irt-bounces@icann.org<mailto:gnso-igo-ingo-ip-irt-bounces@icann.org> [mailto:gnso-igo-ingo-ip-irt-bounces@icann.org<mailto:gnso-igo-ingo-ip-irt-bounces@icann.org>] On Behalf Of Lori Schulman Sent: Friday, August 04, 2017 12:05 PM To: petter.rindforth@fenixlegal.eu<mailto:petter.rindforth@fenixlegal.eu>; Dennis Chang Cc: gnso-igo-ingo-ip-irt@icann.org<mailto:gnso-igo-ingo-ip-irt@icann.org> Subject: Re: [Gnso-igo-ingo-ip-irt] Request for IGO&INGO IRT consideration on policy effective date: "no later than" Hi Dennis, I agree with Petter, this seems very sensible. Lori Lori S. Schulman Senior Director, Internet Policy International Trademark Association (INTA) +1-202-704-0408<tel:(202)%20704-0408>, Skype: lsschulman From: gnso-igo-ingo-ip-irt-bounces@icann.org<mailto:gnso-igo-ingo-ip-irt-bounces@icann.org> [mailto:gnso-igo-ingo-ip-irt-bounces@icann.org] On Behalf Of Petter Rindforth Sent: Friday, August 04, 2017 11:54 AM To: Dennis Chang <dennis.chang@icann.org<mailto:dennis.chang@icann.org>> Cc: gnso-igo-ingo-ip-irt@icann.org<mailto:gnso-igo-ingo-ip-irt@icann.org> Subject: Re: [Gnso-igo-ingo-ip-irt] Request for IGO&INGO IRT consideration on policy effective date: "no later than" Hi Dennis & All I have no objection to the proposed amendment of effective date for Red Cross, IOC, and IGOs. Seem to me as a practical solution. All the best, Petter -- Petter Rindforth, LL M Fenix Legal KB Stureplan 4c, 4tr 114 35 Stockholm Sweden Fax: +46(0)8-4631010<tel:+46%208%20463%2010%2010> Direct phone: +46(0)702-369360 E-mail: petter.rindforth@fenixlegal.eu<mailto:petter.rindforth@fenixlegal.eu> www.fenixlegal.eu[fenixlegal.eu]<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.fenixlegal.eu&d=DwMF...> 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[fenixlegal.eu]<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.fenixlegal.eu&d=DwMF...> Thank you 4 augusti 2017 16:37:21 +02:00, skrev Dennis Chang <dennis.chang@icann.org<mailto:dennis.chang@icann.org>>: Dear IGO/INGO IRT, Thank you for your continued support as we near the completion of the policy revision. We have one more request for your consideration. The implementation team had another idea for an improvement. We believe that this change will provide the flexibility that Red Cross, IOC and IGOs will appreciate. It effectively offers the exceptions procedure they need immediately upon the announcement of the policy. Instead of “on” an effective date, we propose using “no later than” an effective date. This way those registries and registrar that need the 6-month implementation time can have the full 6-months, while those that are ready to implement today may do so as early as the announcement date of the policy. The language change would then look like this. Section 2. Policy and Effective Dates This Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars on 1 February 2018. * For the Red Cross, IOC, and IGOs, the Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars on no later than 1 March 2018 * For the INGOs, the Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars 12 months after the release of the INGO Claims System Specification. I’ve asked Michelle to schedule another IRT meeting on 10 August 2017 to discuss this as a team. However, if the IRT provides agreement to this change via email replies, we can handle won’t need to meet. Please let us hear from you. Thanks Dennis Chang From: <gnso-igo-ingo-ip-irt-bounces@icann.org<mailto:gnso-igo-ingo-ip-irt-bounces@icann.org>> on behalf of Dennis Chang <dennis.chang@icann.org<mailto:dennis.chang@icann.org>> Date: Friday, July 21, 2017 at 8:59 AM To: "gnso-igo-ingo-ip-irt@icann.org<mailto:gnso-igo-ingo-ip-irt@icann.org>" <gnso-igo-ingo-ip-irt@icann.org<mailto:gnso-igo-ingo-ip-irt@icann.org>> Subject: [Gnso-igo-ingo-ip-irt] IGO&INGO IRT decisions affecting policy effective dates Dear IGO/INGO IRT, On 20 July 2017, IRT took two decisions. 1. Exception Procedure: The further consideration regarding exceptions procedure for non-IGOs is now closed (email below.) The IRT agreed that this is out of scope and suggested we include the pertaining policy recommendation language in the summary report. 2. Policy Effective Date: A new approach to the effective date(s) was discussed and agreed upon for next steps. More on the effective dates: IRT reviewed an approach where we could accommodate the RySG’s recommendation for “setting an implementation no earlier than 12 months from the approval of the specifications.” And at the same time, provide the registration mechanism for Red Cross, IOC and IGOs earlier than 12 months; use 6-month implementation duration instead. The following is the proposed change to the policy language. Section 2. Policy and Effective Dates This Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars on 1 February 2018. * For the Red Cross, IOC, and IGOs, the Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars on 1 March 2018 * For the INGOs, the Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars 12 months after the release of the INGO Claims System Specification. The 1 March 2018 is based on a new target date of 1 September 2017 announcement date; 6-month implementation time period. This change was agreed upon by the IRT members at the meeting but since this effects the policy effective dates, we thought the entire IRT should be consulted. The next step is to correspond with the RySG to ensure that the 6-month implementation time for the Red Cross, IOC and IGOs prior to publication is acceptable. Please let us hear from you by 24 July 2017 before we contact RySG about this. Thanks Dennis Chang From: <gnso-igo-ingo-ip-irt-bounces@icann.org<mailto:gnso-igo-ingo-ip-irt-bounces@icann.org>> on behalf of Mary Wong <mary.wong@icann.org<mailto:mary.wong@icann.org>> Date: Tuesday, July 18, 2017 at 9:40 AM To: "gnso-igo-ingo-ip-irt@icann.org<mailto:gnso-igo-ingo-ip-irt@icann.org>" <gnso-igo-ingo-ip-irt@icann.org<mailto:gnso-igo-ingo-ip-irt@icann.org>> Subject: [Gnso-igo-ingo-ip-irt] Further information on the question raised about the scope of the Exception Procedure Dear IRT members, I’m writing to follow up on Dennis’ email (below) and the discussion at the last IRT meeting, concerning public comments submitted questioning the fairness of limiting the Exception Procedure for the protected names to just the protected organizations. The basic concern expressed was that this potentially prevents third parties with legitimate rights from also applying for good faith registrations. As described on the IRT call, the scope of our current implementation is limited to what the policy recommendations actually are. In this case, the recommendation for an Exception Procedure that was approved by the GNSO Council and the ICANN Board was specifically limited to the relevant protected organization (i.e. Red Cross, IOC, IGOs). As such, it is out of scope for the IRT to itself debate, amend or add to the policy recommendation – this is made clear by the Principles & Guidelines for IRTs adopted by the GNSO Council in August 2016 (“The IRT is not a forum for opening or revisiting policy discussions. Where issues emerge that may require possible policy discussion, these will be escalated using the designated procedure … “: you can see the full text of the Principles & Guidelines at https://www.icann.org/en/system/files/files/irt-principles-guidelines-23aug16-en.pdf)[icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_en_system_files_files_irt-2Dprinciples-2Dguidelines-2D23aug16-2Den.pdf-29&d=DwMFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=dqLP1wJqBvDSYLKrSEaAkCi_Kv0Mk5D_d32n29DHCN8&m=vbRGczXZ0thKnh0CKambalGHEbGXuFIyatplMl0PpaY&s=str55g-CpB49_m8A851UwbjHazsy19IBn-scQgHm8HE&e=>. To the extent that the IRT believes there is a need to go back to the GNSO Council (e.g. for clarity as to the intention or scope of a policy recommendation or about a policy issue that arises during implementation), the designated procedure is as follows. The query should first be raised with the GNSO Council liaison to the IRT, who has the responsibility of ascertaining whether there is consensus within the IRT or agreement between the IRT and GDD staff on either the need for further guidance from the GNSO Council or on the question whether there is an issue that may require possible policy discussion (see Section V.E of the Principles & Guidelines). We hope the information is helpful to the IRT as you continue your deliberations. Thanks and cheers Mary From: <gnso-igo-ingo-ip-irt-bounces@icann.org<mailto:gnso-igo-ingo-ip-irt-bounces@icann.org>> on behalf of Dennis Chang <dennis.chang@icann.org<mailto:dennis.chang@icann.org>> Date: Thursday, July 13, 2017 at 23:37 To: "gnso-igo-ingo-ip-irt@icann.org<mailto:gnso-igo-ingo-ip-irt@icann.org>" <gnso-igo-ingo-ip-irt@icann.org<mailto:gnso-igo-ingo-ip-irt@icann.org>> Subject: [Gnso-igo-ingo-ip-irt] IGO&INGO Policy Implementation: Public comment analysis Dear IGO/INGO IRT, I am happy to report, that our IRT meeting today was tremendously productive. We managed to go through every comment in a 90-minute session. Attached is our analysis from today’s meeting for your refererence. Here are a few resulting stats: Changes to the policy language for clarification: 4 Additional implementation notes: 4 Addition to the FAQ: 3 Under further consideration: 1 The comment that the IRT asked to consider further is about exceptions procedure. In the attached analysis worksheet, it’s comment number 4.2-3 copied here for your convenience. No Section Comments from Category Summary Analysis 4.2-3 4.2 "if a domain name, containing an exact match name from the Red Cross, IOC, and IGO Identifier List, is registered before this Consensus Policy effective date or before the label is added to the Red Cross, IOC and IGO Identifier List, the Registry Operator MUST permit renewal or transfer of the domain name. If a domain name, containing an exact match name from the Red Cross, IOC and IGO Identifier List, is registered before the label is added to the Red Cross, IOC and IGO Identifier List, and is subsequently deleted, the Registry Operator MUST withhold the domain name from registration or allocate the domain name to Registry Operator", is therefore a decent "mid-way" proposal to solve the topic of how to deal with existing registrations in gTLDs. However, it could be argued that it would be more fair if good faith, non-infringing registrations by those with legitimate rights should be allowed at any time as a matter of course, possibly with review and non-objection by the Red Cross, IOC or IGO entity. IPC Change to exceptions procedure Exceptions procedure: it would be more fair if good faith, non-infringing registrations by those with legitimate rights should be allowed at any time as a matter of course, possibly with review and non-objection by the Red Cross, IOC or IGO entity. no change requested; current position is no change as this was not the initial interpretation of the policy; However, IRT would like to consider further. send an email to IRT to solicit broader input and then conclude next week Should the registration be allowed for non-(Red Cross, IOC, or IGO) organizations? Would this be in-line with the policy recommendation? If we did, how could this work? If we do not allow this (as it is in our current plan,) would we not be in alignment with the policy recommendation? The IRT members are invited to provide comments. Thanks Dennis Chang p.s. As for the question, I’ve asked the IRT in earlier email (below), Crystal was kind to explain the reason for the request for the 12-month (rather than 6-month) for implementation. As we expected, it was due to the assumption that there would be a new system with a new interface that registry operators have to work with – rather than the TMCH they already work with. As the IRT is well aware, we have intentionally avoided any mention of TMCH to avoid any confusion that this policy had anything to do with Trademarks. I suppose it worked. In any case, the IRT suggested that we provide and explanation in our summary report and 6-month duration would not be an issue. From: <gnso-igo-ingo-ip-irt-bounces@icann.org<mailto:gnso-igo-ingo-ip-irt-bounces@icann.org>> on behalf of Dennis Chang <dennis.chang@icann.org<mailto:dennis.chang@icann.org>> Date: Tuesday, July 11, 2017 at 5:47 PM To: "gnso-igo-ingo-ip-irt@icann.org<mailto:gnso-igo-ingo-ip-irt@icann.org>" <gnso-igo-ingo-ip-irt@icann.org<mailto:gnso-igo-ingo-ip-irt@icann.org>> Subject: [Gnso-igo-ingo-ip-irt] [question to IRT] IGO&INGO Policy Implementation: RySG comment requesting extended implementation time of 12-month (was 6-months) Dear Registry Operator representatives of the IRT, As you know, we’ve received comments from the RySG on 9 July 2017 and implementation team is working through the comments to understand the specific requests. In the RySG comment, we note that the implementation time be extended from 6 months to 12 months. “a. An implementation date of 1 February 2018 may not provide proper time for Registry Operators to prepare for new processes or integration with the INGO Claims System. However, the preferred approach is to leverage TMCH for Claims Services. Therefore, we recommend setting an implementation no earlier than 12 months from the approval of the specifications.” We have discussed the 6-month implementation timeline during the drafting of the implementation plan and it was deemed adequate and therefore decided on the 1 Feb 2018 effective date with 1 August 2017 announcement. We are now trying to gain an understanding of need for the extended implementation duration. Is the 12-months requested with the assumption that we will not be leveraging the TMCH claims service? If the implementation plan is “the preferred approach to leverage TMCH,” would the 6-month duration be acceptable? In light of the fact that we were advised some ROs did not want delays on this implementation, it would be helpful for us to have a good understanding for accepting this requested change from RySG. We were going to reach out to RySG directly then realized that five of our own IRT are members of the RySG and could provide the rationale to us directly. Please let us hear from you. It would be good to have this answer prior to our IRT meeting to take a decision then. — Kind Regards, Dennis S. Chang GDD Services & Engagement Program Director +1 213 293 7889<tel:(213)%20293-7889> Skype: dennisSchang www.icann.org[icann.org]<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.icann.org&d=DwMFaQ&c...> "One World, One Internet" _______________________________________________ Gnso-igo-ingo-ip-irt mailing list Gnso-igo-ingo-ip-irt@icann.org<mailto:Gnso-igo-ingo-ip-irt@icann.org> https://mm.icann.org/mailman/listinfo/gnso-igo-ingo-ip-irt ________________________________ Confidentiality Notice This message is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of the message. _______________________________________________ Gnso-igo-ingo-ip-irt mailing list Gnso-igo-ingo-ip-irt@icann.org<mailto:Gnso-igo-ingo-ip-irt@icann.org> https://mm.icann.org/mailman/listinfo/gnso-igo-ingo-ip-irt
Hi Dennis & All, Do we still need a meeting tomorrow? I have the feeling that we will not get any additional feedback at that meeting, perhaps better just to send out a reminder on the feedback needed from those members that have not replied so far. 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@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 7 augusti 2017 17:13:10 +02:00, skrev Dennis Chang <dennis.chang@icann.org>:
Thanks Mike and the IRT,
So far, we’ve received replies from 5 IRT members (see below); all supporting the approach. If other members could reply as well, we’d appreciate it. If you’d like to use the 10 Aug 2017 IRT meeting to discuss this, please do reply with that request. If we receive no objection or requests by 8 Aug 2017, we’ll cancelled the 10 Aug 2017 meeting as promised.
IGO/INGO IRT
1 Brian Cimbolic 2 Crystal Ondo Support3 David Heasley 4 Jean-Francois Vandeneynde 5 Jim Bikoff Support6 Keith Drazek - GNSO Council Liaison 7 Kristine Dorrain 8 Lori Schulman Support9 Michael Flemming 10 Mike Rodenbaugh Support11 Petter Rindforth Support11 Valeriya Sherman
Thanks Dennis Chang
From:Mike Rodenbaugh <icann@rodenbaugh.com> Date:Friday, August 4, 2017 at 11:21 AM To:"Bikoff, James" <jbikoff@sgrlaw.com> Cc:Lori Schulman <lschulman@inta.org>, "petter.rindforth@fenixlegal.eu" <petter.rindforth@fenixlegal.eu>, Dennis Chang <dennis.chang@icann.org>, "gnso-igo-ingo-ip-irt@icann.org" <gnso-igo-ingo-ip-irt@icann.org> Subject:[Ext] Re: [Gnso-igo-ingo-ip-irt] Request for IGO&INGO IRT consideration on policy effective date: "no later than"
Agreed.
On Fri, Aug 4, 2017 at 9:13 AM, Bikoff, James <<jbikoff@sgrlaw.com>> wrote:
+1
Jim
James L. Bikoff[sgrlaw.com] <https://urldefense.proofpoint.com/v2/url?u=http-3A__www.sgrlaw.com_attorneys...> |Attorney at Law
202-263-4341 <tel:(202)%20263-4341> phone 202-263-4329 <tel:(202)%20263-4329> fax www.sgrlaw.com[sgrlaw.com] <https://urldefense.proofpoint.com/v2/url?u=http-3A__www.sgrlaw.com&d=DwMFaQ&...> <jbikoff@sgrlaw.com>
1055 Thomas Jefferson Street, N.W. Suite 400 Washington, D.C. 20007
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From:<gnso-igo-ingo-ip-irt-bounces@icann.org> [mailto:<gnso-igo-ingo-ip-irt-bounces@icann.org>] On Behalf OfLori Schulman Sent: Friday, August 04, 2017 12:05 PM To: <petter.rindforth@fenixlegal.eu>; Dennis Chang Cc: <gnso-igo-ingo-ip-irt@icann.org> Subject: Re: [Gnso-igo-ingo-ip-irt] Request for IGO&INGO IRT consideration on policy effective date: "no later than"
Hi Dennis,
I agree with Petter, this seems very sensible.
Lori
Lori S. Schulman Senior Director, Internet Policy International Trademark Association (INTA) +1-202-704-0408 <tel:(202)%20704-0408>, Skype: lsschulman
From: <gnso-igo-ingo-ip-irt-bounces@icann.org> [mailto:gnso-igo-ingo-ip-irt-bounces@icann.org <gnso-igo-ingo-ip-irt-bounces@icann.org>] On Behalf OfPetter Rindforth
Sent: Friday, August 04, 2017 11:54 AM
To: Dennis Chang <<dennis.chang@icann.org>>
Cc: <gnso-igo-ingo-ip-irt@icann.org>
Subject: Re: [Gnso-igo-ingo-ip-irt] Request for IGO&INGO IRT consideration on policy effective date: "no later than"
Hi Dennis & All
I have no objection to the proposed amendment of effective date for Red Cross, IOC, and IGOs.
Seem to me as a practical solution.
All the best,
Petter
--
Petter Rindforth, LL M
Fenix Legal KB
Stureplan 4c, 4tr
114 35 Stockholm
Sweden
Fax: +46(0)8-4631010 <tel:+46%208%20463%2010%2010>
Direct phone: +46(0)702-369360
E-mail: <petter.rindforth@fenixlegal.eu>
www.fenixlegal.eu[fenixlegal.eu] <https://urldefense.proofpoint.com/v2/url?u=http-3A__www.fenixlegal.eu&d=DwMF...>
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.
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Thank you
4 augusti 2017 16:37:21 +02:00, skrev Dennis Chang <<dennis.chang@icann.org>>:
Dear IGO/INGO IRT,
Thank you for your continued support as we near the completion of the policy revision. We have one more request for your consideration.
The implementation team had another idea for an improvement. We believe that this change will provide the flexibility that Red Cross, IOC and IGOs will appreciate. It effectively offers the exceptions procedure they need immediately upon the announcement of the policy. Instead of “on” an effective date, we propose using “no later than” an effective date. This way those registries and registrar that need the 6-month implementation time can have the full 6-months, while those that are ready to implement today may do so as early as the announcement date of the policy. The language change would then look like this.
Section 2. Policy and Effective Dates This Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars on 1 February 2018. 1. For the Red Cross, IOC, and IGOs, the Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrarsonno later than1 March 2018 2. For the INGOs, the Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars 12 months after the release of the INGO Claims System Specification.
I’ve asked Michelle to schedule another IRT meeting on 10 August 2017 to discuss this as a team. However, if the IRT provides agreement to this change via email replies, we can handle won’t need to meet.
Please let us hear from you.
Thanks Dennis Chang
From:<<gnso-igo-ingo-ip-irt-bounces@icann.org>> on behalf of Dennis Chang <<dennis.chang@icann.org>> Date:Friday, July 21, 2017 at 8:59 AM To:"<gnso-igo-ingo-ip-irt@icann.org>" <<gnso-igo-ingo-ip-irt@icann.org>> Subject:[Gnso-igo-ingo-ip-irt] IGO&INGO IRT decisions affecting policy effective dates
Dear IGO/INGO IRT,
On 20 July 2017, IRT took two decisions.
1. Exception Procedure: The further consideration regarding exceptions procedure for non-IGOs is now closed (email below.) The IRT agreed that this is out of scope and suggested we include the pertaining policy recommendation language in the summary report. 2. Policy Effective Date: A new approach to the effective date(s) was discussed and agreed upon for next steps.
More on the effective dates: IRT reviewed an approach where we could accommodate the RySG’s recommendation for “setting an implementation no earlier than 12 months from the approval of the specifications.” And at the same time, provide the registration mechanism for Red Cross, IOC and IGOs earlier than 12 months; use 6-month implementation duration instead.
The following is the proposed change to the policy language.
Section 2. Policy and Effective Dates This Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars on 1 February 2018. 1. For the Red Cross, IOC, and IGOs, the Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars on 1 March 2018 2. For the INGOs, the Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars 12 months after the release of the INGO Claims System Specification.
The 1 March 2018 is based on a new target date of 1 September 2017 announcement date; 6-month implementation time period. This change was agreed upon by the IRT members at the meeting but since this effects the policy effective dates, we thought the entire IRT should be consulted. The next step is to correspond with the RySG to ensure that the 6-month implementation time for the Red Cross, IOC and IGOs prior to publication is acceptable.
Please let us hear from you by 24 July 2017 before we contact RySG about this.
Thanks Dennis Chang
From:<<gnso-igo-ingo-ip-irt-bounces@icann.org>> on behalf of Mary Wong <<mary.wong@icann.org>> Date:Tuesday, July 18, 2017 at 9:40 AM To:"<gnso-igo-ingo-ip-irt@icann.org>" <<gnso-igo-ingo-ip-irt@icann.org>> Subject:[Gnso-igo-ingo-ip-irt] Further information on the question raised about the scope of the Exception Procedure
Dear IRT members,
I’m writing to follow up on Dennis’ email (below) and the discussion at the last IRT meeting, concerning public comments submitted questioning the fairness of limiting the Exception Procedure for the protected names to just the protected organizations. The basic concern expressed was that this potentially prevents third parties with legitimate rights from also applying for good faith registrations.
As described on the IRT call, the scope of our current implementation is limited to what the policy recommendations actually are. In this case, the recommendation for an Exception Procedure that was approved by the GNSO Council and the ICANN Board was specifically limited to the relevant protected organization (i.e. Red Cross, IOC, IGOs). As such, it is out of scope for the IRT to itself debate, amend or add to the policy recommendation – this is made clear by the Principles & Guidelines for IRTs adopted by the GNSO Council in August 2016 (“The IRT is not a forum for opening or revisiting policy discussions. Where issues emerge that may require possible policy discussion, these will be escalated using the designated procedure … “: you can see the full text of the Principles & Guidelines athttps://www.icann.org/en/system/files/files/irt-principles-guidelines-23aug16-en.pdf)[icann.org] <https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_en_system...>.
To the extent that the IRT believes there is a need to go back to the GNSO Council (e.g. for clarity as to the intention or scope of a policy recommendation or about a policy issue that arises during implementation), the designated procedure is as follows. The query should first be raised with the GNSO Council liaison to the IRT, who has the responsibility of ascertaining whether there is consensus within the IRT or agreement between the IRT and GDD staff on either the need for further guidance from the GNSO Council or on the question whether there is an issue that may require possible policy discussion (see Section V.E of the Principles & Guidelines).
We hope the information is helpful to the IRT as you continue your deliberations.
Thanks and cheers Mary
From:<<gnso-igo-ingo-ip-irt-bounces@icann.org>> on behalf of Dennis Chang <<dennis.chang@icann.org>> Date:Thursday, July 13, 2017 at 23:37 To:"<gnso-igo-ingo-ip-irt@icann.org>" <<gnso-igo-ingo-ip-irt@icann.org>> Subject:[Gnso-igo-ingo-ip-irt] IGO&INGO Policy Implementation: Public comment analysis
Dear IGO/INGO IRT,
I am happy to report, that our IRT meeting today was tremendously productive. We managed to go through every comment in a 90-minute session. Attached is our analysis from today’s meeting for your refererence.
Here are a few resulting stats: Changes to the policy language for clarification: 4 Additional implementation notes: 4 Addition to the FAQ: 3 Under further consideration: 1
The comment that the IRT asked to consider further is about exceptions procedure. In the attached analysis worksheet, it’s comment number 4.2-3 copied here for your convenience.
No Section Comments from Category Summary Analysis4.2-3 4.2 "if a domain name, containing an exact match name from the Red Cross, IOC, and IGO Identifier List, is registered before this Consensus Policy effective date or before the label is added to the Red Cross, IOC and IGO Identifier List, the Registry Operator MUST permit renewal or transfer of the domain name. If a domain name, containing an exact match name from the Red Cross, IOC and IGO Identifier List, is registered before the label is added to the Red Cross, IOC and IGO Identifier List, and is subsequently deleted, the Registry Operator MUST withhold the domain name from registration or allocate the domain name to Registry Operator", is therefore a decent "mid-way" proposal to solve the topic of how to deal with existing registrations in gTLDs. However, it could be argued that it would be more fair if good faith, non-infringing registrations by those with legitimate rights should be allowed at any time as a matter of course, possibly with review and non-objection by the Red Cross, IOC or IGO entity. IPC Change to exceptions procedure Exceptions procedure: it would be more fair if good faith, non-infringing registrations by those with legitimate rights should be allowed at any time as a matter of course, possibly with review and non-objection by the Red Cross, IOC or IGO entity. no change requested; current position is no change as this was not the initial interpretation of the policy; However, IRT would like to consider further. send an email to IRT to solicit broader input and then conclude next week Should the registration be allowed for non-(Red Cross, IOC, or IGO) organizations? Would this be in-line with the policy recommendation? If we did, how could this work? If we do not allow this (as it is in our current plan,) would we not be in alignment with the policy recommendation?
The IRT members are invited to provide comments.
Thanks Dennis Chang
p.s. As for the question, I’ve asked the IRT in earlier email (below), Crystal was kind to explain the reason for the request for the 12-month (rather than 6-month) for implementation. As we expected, it was due to the assumption that there would be a new system with a new interface that registry operators have to work with – rather than the TMCH they already work with. As the IRT is well aware, we have intentionally avoided any mention of TMCH to avoid any confusion that this policy had anything to do with Trademarks. I suppose it worked. In any case, the IRT suggested that we provide and explanation in our summary report and 6-month duration would not be an issue.
From:<<gnso-igo-ingo-ip-irt-bounces@icann.org>> on behalf of Dennis Chang <<dennis.chang@icann.org>> Date:Tuesday, July 11, 2017 at 5:47 PM To:"<gnso-igo-ingo-ip-irt@icann.org>" <<gnso-igo-ingo-ip-irt@icann.org>> Subject:[Gnso-igo-ingo-ip-irt] [question to IRT] IGO&INGO Policy Implementation: RySG comment requesting extended implementation time of 12-month (was 6-months)
Dear Registry Operator representatives of the IRT,
As you know, we’ve received comments from the RySG on 9 July 2017 and implementation team is working through the comments to understand the specific requests. In the RySG comment, we note that the implementation time be extended from 6 months to 12 months.
“a. An implementation date of 1 February 2018 may not provide proper time for Registry Operators to prepare for new processes or integration with the INGO Claims System. However, the preferred approach is to leverage TMCH for Claims Services. Therefore, we recommend setting an implementation no earlier than 12 months from the approval of the specifications.”
We have discussed the 6-month implementation timeline during the drafting of the implementation plan and it was deemed adequate and therefore decided on the 1 Feb 2018 effective date with 1 August 2017 announcement. We are now trying to gain an understanding of need for the extended implementation duration.
Is the 12-months requested with the assumption that we will not be leveraging the TMCH claims service? If the implementation plan is “the preferred approach to leverage TMCH,” would the 6-month duration be acceptable?
In light of the fact that we were advised some ROs did not want delays on this implementation, it would be helpful for us to have a good understanding for accepting this requested change from RySG.
We were going to reach out to RySG directly then realized that five of our own IRT are members of the RySG and could provide the rationale to us directly.
Please let us hear from you. It would be good to have this answer prior to our IRT meeting to take a decision then.
—
Kind Regards,
Dennis S. Chang
GDD Services & Engagement Program Director
+1 213 293 7889 <tel:(213)%20293-7889>
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Hi Petter, Thanks for the suggestion; I’ll send a reminder. For now, let’s cancel the meeting as we’d planned. If I receive any replies, I’ll let the IRT know. I’ll also proceed with the next step to correspond with the RySG on our new approach. It’s a bit different than what they had recommended but I think they will agree that it’s better since those registries will have access to the exceptions procedure much earlier (est. 4Q17) than what was indicated in the draft published for public comment (1 Feb 2018). I’ll cc the IRT on my letter to RySG. We expect to send a copy to RrSG as well. It will be good for them to know our new plan before we publish the final policy language. Thanks Dennis Chang From: Petter Rindforth <petter.rindforth@fenixlegal.eu> Reply-To: "petter.rindforth@fenixlegal.eu" <petter.rindforth@fenixlegal.eu> Date: Wednesday, August 9, 2017 at 4:41 AM To: Dennis Chang <dennis.chang@icann.org> Cc: Mike Rodenbaugh <icann@rodenbaugh.com>, "Bikoff, James" <jbikoff@sgrlaw.com>, Lori Schulman <lschulman@inta.org>, "gnso-igo-ingo-ip-irt@icann.org" <gnso-igo-ingo-ip-irt@icann.org> Subject: Re: [Ext] Re: [Gnso-igo-ingo-ip-irt] Request for IGO&INGO IRT consideration on policy effective date: "no later than" Hi Dennis & All, Do we still need a meeting tomorrow? I have the feeling that we will not get any additional feedback at that meeting, perhaps better just to send out a reminder on the feedback needed from those members that have not replied so far. 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@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 7 augusti 2017 17:13:10 +02:00, skrev Dennis Chang <dennis.chang@icann.org>: Thanks Mike and the IRT, So far, we’ve received replies from 5 IRT members (see below); all supporting the approach. If other members could reply as well, we’d appreciate it. If you’d like to use the 10 Aug 2017 IRT meeting to discuss this, please do reply with that request. If we receive no objection or requests by 8 Aug 2017, we’ll cancelled the 10 Aug 2017 meeting as promised. IGO/INGO IRT 1 Brian Cimbolic 2 Crystal Ondo Support 3 David Heasley 4 Jean-Francois Vandeneynde 5 Jim Bikoff Support 6 Keith Drazek - GNSO Council Liaison 7 Kristine Dorrain 8 Lori Schulman Support 9 Michael Flemming 10 Mike Rodenbaugh Support 11 Petter Rindforth Support 11 Valeriya Sherman Thanks Dennis Chang From: Mike Rodenbaugh <icann@rodenbaugh.com> Date: Friday, August 4, 2017 at 11:21 AM To: "Bikoff, James" <jbikoff@sgrlaw.com> Cc: Lori Schulman <lschulman@inta.org>, "petter.rindforth@fenixlegal.eu" <petter.rindforth@fenixlegal.eu>, Dennis Chang <dennis.chang@icann.org>, "gnso-igo-ingo-ip-irt@icann.org" <gnso-igo-ingo-ip-irt@icann.org> Subject: [Ext] Re: [Gnso-igo-ingo-ip-irt] Request for IGO&INGO IRT consideration on policy effective date: "no later than" Agreed. On Fri, Aug 4, 2017 at 9:13 AM, Bikoff, James <jbikoff@sgrlaw.com<mailto:jbikoff@sgrlaw.com>> wrote: +1 Jim James L. Bikoff[sgrlaw.com]<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.sgrlaw.com_attorneys...> | Attorney at Law 202-263-4341<tel:(202)%20263-4341> phone 202-263-4329<tel:(202)%20263-4329> fax www.sgrlaw.com[sgrlaw.com]<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.sgrlaw.com&d=DwMFaQ&...> jbikoff@sgrlaw.com<mailto:jbikoff@sgrlaw.com> 1055 Thomas Jefferson Street, N.W. Suite 400 Washington, D.C. 20007 [cid:image001.jpg@01D310E2.FB7AD1E0][sgrlaw.com]<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.sgrlaw.com&d=DwMFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=dqLP1wJqBvDSYLKrSEaAkCi_Kv0Mk5D_d32n29DHCN8&m=vbRGczXZ0thKnh0CKambalGHEbGXuFIyatplMl0PpaY&s=KMTE9pkhTwfrXeZsYpksdSp3ZAouY4h-nED7RuLo5V8&e=>Smith, Gambrell & Russell, LLP From: gnso-igo-ingo-ip-irt-bounces@icann.org<mailto:gnso-igo-ingo-ip-irt-bounces@icann.org> [mailto:gnso-igo-ingo-ip-irt-bounces@icann.org<mailto:gnso-igo-ingo-ip-irt-bounces@icann.org>] On Behalf Of Lori Schulman Sent: Friday, August 04, 2017 12:05 PM To: petter.rindforth@fenixlegal.eu<mailto:petter.rindforth@fenixlegal.eu>; Dennis Chang Cc: gnso-igo-ingo-ip-irt@icann.org<mailto:gnso-igo-ingo-ip-irt@icann.org> Subject: Re: [Gnso-igo-ingo-ip-irt] Request for IGO&INGO IRT consideration on policy effective date: "no later than" Hi Dennis, I agree with Petter, this seems very sensible. Lori Lori S. Schulman Senior Director, Internet Policy International Trademark Association (INTA) +1-202-704-0408<tel:(202)%20704-0408>, Skype: lsschulman From: gnso-igo-ingo-ip-irt-bounces@icann.org<mailto:gnso-igo-ingo-ip-irt-bounces@icann.org> [mailto:gnso-igo-ingo-ip-irt-bounces@icann.org] On Behalf Of Petter Rindforth Sent: Friday, August 04, 2017 11:54 AM To: Dennis Chang <dennis.chang@icann.org<mailto:dennis.chang@icann.org>> Cc: gnso-igo-ingo-ip-irt@icann.org<mailto:gnso-igo-ingo-ip-irt@icann.org> Subject: Re: [Gnso-igo-ingo-ip-irt] Request for IGO&INGO IRT consideration on policy effective date: "no later than" Hi Dennis & All I have no objection to the proposed amendment of effective date for Red Cross, IOC, and IGOs. Seem to me as a practical solution. All the best, Petter -- Petter Rindforth, LL M Fenix Legal KB Stureplan 4c, 4tr 114 35 Stockholm Sweden Fax: +46(0)8-4631010<tel:+46%208%20463%2010%2010> Direct phone: +46(0)702-369360 E-mail: petter.rindforth@fenixlegal.eu<mailto:petter.rindforth@fenixlegal.eu> www.fenixlegal.eu[fenixlegal.eu]<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.fenixlegal.eu&d=DwMF...> 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[fenixlegal.eu]<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.fenixlegal.eu&d=DwMF...> Thank you 4 augusti 2017 16:37:21 +02:00, skrev Dennis Chang <dennis.chang@icann.org<mailto:dennis.chang@icann.org>>: Dear IGO/INGO IRT, Thank you for your continued support as we near the completion of the policy revision. We have one more request for your consideration. The implementation team had another idea for an improvement. We believe that this change will provide the flexibility that Red Cross, IOC and IGOs will appreciate. It effectively offers the exceptions procedure they need immediately upon the announcement of the policy. Instead of “on” an effective date, we propose using “no later than” an effective date. This way those registries and registrar that need the 6-month implementation time can have the full 6-months, while those that are ready to implement today may do so as early as the announcement date of the policy. The language change would then look like this. Section 2. Policy and Effective Dates This Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars on 1 February 2018. * For the Red Cross, IOC, and IGOs, the Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars on no later than 1 March 2018 * For the INGOs, the Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars 12 months after the release of the INGO Claims System Specification. I’ve asked Michelle to schedule another IRT meeting on 10 August 2017 to discuss this as a team. However, if the IRT provides agreement to this change via email replies, we can handle won’t need to meet. Please let us hear from you. Thanks Dennis Chang From: <gnso-igo-ingo-ip-irt-bounces@icann.org<mailto:gnso-igo-ingo-ip-irt-bounces@icann.org>> on behalf of Dennis Chang <dennis.chang@icann.org<mailto:dennis.chang@icann.org>> Date: Friday, July 21, 2017 at 8:59 AM To: "gnso-igo-ingo-ip-irt@icann.org<mailto:gnso-igo-ingo-ip-irt@icann.org>" <gnso-igo-ingo-ip-irt@icann.org<mailto:gnso-igo-ingo-ip-irt@icann.org>> Subject: [Gnso-igo-ingo-ip-irt] IGO&INGO IRT decisions affecting policy effective dates Dear IGO/INGO IRT, On 20 July 2017, IRT took two decisions. 1. Exception Procedure: The further consideration regarding exceptions procedure for non-IGOs is now closed (email below.) The IRT agreed that this is out of scope and suggested we include the pertaining policy recommendation language in the summary report. 2. Policy Effective Date: A new approach to the effective date(s) was discussed and agreed upon for next steps. More on the effective dates: IRT reviewed an approach where we could accommodate the RySG’s recommendation for “setting an implementation no earlier than 12 months from the approval of the specifications.” And at the same time, provide the registration mechanism for Red Cross, IOC and IGOs earlier than 12 months; use 6-month implementation duration instead. The following is the proposed change to the policy language. Section 2. Policy and Effective Dates This Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars on 1 February 2018. * For the Red Cross, IOC, and IGOs, the Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars on 1 March 2018 * For the INGOs, the Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars 12 months after the release of the INGO Claims System Specification. The 1 March 2018 is based on a new target date of 1 September 2017 announcement date; 6-month implementation time period. This change was agreed upon by the IRT members at the meeting but since this effects the policy effective dates, we thought the entire IRT should be consulted. The next step is to correspond with the RySG to ensure that the 6-month implementation time for the Red Cross, IOC and IGOs prior to publication is acceptable. Please let us hear from you by 24 July 2017 before we contact RySG about this. Thanks Dennis Chang From: <gnso-igo-ingo-ip-irt-bounces@icann.org<mailto:gnso-igo-ingo-ip-irt-bounces@icann.org>> on behalf of Mary Wong <mary.wong@icann.org<mailto:mary.wong@icann.org>> Date: Tuesday, July 18, 2017 at 9:40 AM To: "gnso-igo-ingo-ip-irt@icann.org<mailto:gnso-igo-ingo-ip-irt@icann.org>" <gnso-igo-ingo-ip-irt@icann.org<mailto:gnso-igo-ingo-ip-irt@icann.org>> Subject: [Gnso-igo-ingo-ip-irt] Further information on the question raised about the scope of the Exception Procedure Dear IRT members, I’m writing to follow up on Dennis’ email (below) and the discussion at the last IRT meeting, concerning public comments submitted questioning the fairness of limiting the Exception Procedure for the protected names to just the protected organizations. The basic concern expressed was that this potentially prevents third parties with legitimate rights from also applying for good faith registrations. As described on the IRT call, the scope of our current implementation is limited to what the policy recommendations actually are. In this case, the recommendation for an Exception Procedure that was approved by the GNSO Council and the ICANN Board was specifically limited to the relevant protected organization (i.e. Red Cross, IOC, IGOs). As such, it is out of scope for the IRT to itself debate, amend or add to the policy recommendation – this is made clear by the Principles & Guidelines for IRTs adopted by the GNSO Council in August 2016 (“The IRT is not a forum for opening or revisiting policy discussions. Where issues emerge that may require possible policy discussion, these will be escalated using the designated procedure … “: you can see the full text of the Principles & Guidelines at https://www.icann.org/en/system/files/files/irt-principles-guidelines-23aug16-en.pdf)[icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_en_system_files_files_irt-2Dprinciples-2Dguidelines-2D23aug16-2Den.pdf-29&d=DwMFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=dqLP1wJqBvDSYLKrSEaAkCi_Kv0Mk5D_d32n29DHCN8&m=vbRGczXZ0thKnh0CKambalGHEbGXuFIyatplMl0PpaY&s=str55g-CpB49_m8A851UwbjHazsy19IBn-scQgHm8HE&e=>. To the extent that the IRT believes there is a need to go back to the GNSO Council (e.g. for clarity as to the intention or scope of a policy recommendation or about a policy issue that arises during implementation), the designated procedure is as follows. The query should first be raised with the GNSO Council liaison to the IRT, who has the responsibility of ascertaining whether there is consensus within the IRT or agreement between the IRT and GDD staff on either the need for further guidance from the GNSO Council or on the question whether there is an issue that may require possible policy discussion (see Section V.E of the Principles & Guidelines). We hope the information is helpful to the IRT as you continue your deliberations. Thanks and cheers Mary From: <gnso-igo-ingo-ip-irt-bounces@icann.org<mailto:gnso-igo-ingo-ip-irt-bounces@icann.org>> on behalf of Dennis Chang <dennis.chang@icann.org<mailto:dennis.chang@icann.org>> Date: Thursday, July 13, 2017 at 23:37 To: "gnso-igo-ingo-ip-irt@icann.org<mailto:gnso-igo-ingo-ip-irt@icann.org>" <gnso-igo-ingo-ip-irt@icann.org<mailto:gnso-igo-ingo-ip-irt@icann.org>> Subject: [Gnso-igo-ingo-ip-irt] IGO&INGO Policy Implementation: Public comment analysis Dear IGO/INGO IRT, I am happy to report, that our IRT meeting today was tremendously productive. We managed to go through every comment in a 90-minute session. Attached is our analysis from today’s meeting for your refererence. Here are a few resulting stats: Changes to the policy language for clarification: 4 Additional implementation notes: 4 Addition to the FAQ: 3 Under further consideration: 1 The comment that the IRT asked to consider further is about exceptions procedure. In the attached analysis worksheet, it’s comment number 4.2-3 copied here for your convenience. No Section Comments from Category Summary Analysis 4.2-3 4.2 "if a domain name, containing an exact match name from the Red Cross, IOC, and IGO Identifier List, is registered before this Consensus Policy effective date or before the label is added to the Red Cross, IOC and IGO Identifier List, the Registry Operator MUST permit renewal or transfer of the domain name. If a domain name, containing an exact match name from the Red Cross, IOC and IGO Identifier List, is registered before the label is added to the Red Cross, IOC and IGO Identifier List, and is subsequently deleted, the Registry Operator MUST withhold the domain name from registration or allocate the domain name to Registry Operator", is therefore a decent "mid-way" proposal to solve the topic of how to deal with existing registrations in gTLDs. However, it could be argued that it would be more fair if good faith, non-infringing registrations by those with legitimate rights should be allowed at any time as a matter of course, possibly with review and non-objection by the Red Cross, IOC or IGO entity. IPC Change to exceptions procedure Exceptions procedure: it would be more fair if good faith, non-infringing registrations by those with legitimate rights should be allowed at any time as a matter of course, possibly with review and non-objection by the Red Cross, IOC or IGO entity. no change requested; current position is no change as this was not the initial interpretation of the policy; However, IRT would like to consider further. send an email to IRT to solicit broader input and then conclude next week Should the registration be allowed for non-(Red Cross, IOC, or IGO) organizations? Would this be in-line with the policy recommendation? If we did, how could this work? If we do not allow this (as it is in our current plan,) would we not be in alignment with the policy recommendation? The IRT members are invited to provide comments. Thanks Dennis Chang p.s. As for the question, I’ve asked the IRT in earlier email (below), Crystal was kind to explain the reason for the request for the 12-month (rather than 6-month) for implementation. As we expected, it was due to the assumption that there would be a new system with a new interface that registry operators have to work with – rather than the TMCH they already work with. As the IRT is well aware, we have intentionally avoided any mention of TMCH to avoid any confusion that this policy had anything to do with Trademarks. I suppose it worked. In any case, the IRT suggested that we provide and explanation in our summary report and 6-month duration would not be an issue. From: <gnso-igo-ingo-ip-irt-bounces@icann.org<mailto:gnso-igo-ingo-ip-irt-bounces@icann.org>> on behalf of Dennis Chang <dennis.chang@icann.org<mailto:dennis.chang@icann.org>> Date: Tuesday, July 11, 2017 at 5:47 PM To: "gnso-igo-ingo-ip-irt@icann.org<mailto:gnso-igo-ingo-ip-irt@icann.org>" <gnso-igo-ingo-ip-irt@icann.org<mailto:gnso-igo-ingo-ip-irt@icann.org>> Subject: [Gnso-igo-ingo-ip-irt] [question to IRT] IGO&INGO Policy Implementation: RySG comment requesting extended implementation time of 12-month (was 6-months) Dear Registry Operator representatives of the IRT, As you know, we’ve received comments from the RySG on 9 July 2017 and implementation team is working through the comments to understand the specific requests. In the RySG comment, we note that the implementation time be extended from 6 months to 12 months. “a. An implementation date of 1 February 2018 may not provide proper time for Registry Operators to prepare for new processes or integration with the INGO Claims System. However, the preferred approach is to leverage TMCH for Claims Services. Therefore, we recommend setting an implementation no earlier than 12 months from the approval of the specifications.” We have discussed the 6-month implementation timeline during the drafting of the implementation plan and it was deemed adequate and therefore decided on the 1 Feb 2018 effective date with 1 August 2017 announcement. We are now trying to gain an understanding of need for the extended implementation duration. Is the 12-months requested with the assumption that we will not be leveraging the TMCH claims service? If the implementation plan is “the preferred approach to leverage TMCH,” would the 6-month duration be acceptable? In light of the fact that we were advised some ROs did not want delays on this implementation, it would be helpful for us to have a good understanding for accepting this requested change from RySG. We were going to reach out to RySG directly then realized that five of our own IRT are members of the RySG and could provide the rationale to us directly. Please let us hear from you. It would be good to have this answer prior to our IRT meeting to take a decision then. — Kind Regards, Dennis S. Chang GDD Services & Engagement Program Director +1 213 293 7889<tel:(213)%20293-7889> Skype: dennisSchang www.icann.org[icann.org]<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.icann.org&d=DwMFaQ&c...> "One World, One Internet" _______________________________________________ Gnso-igo-ingo-ip-irt mailing list Gnso-igo-ingo-ip-irt@icann.org<mailto:Gnso-igo-ingo-ip-irt@icann.org> https://mm.icann.org/mailman/listinfo/gnso-igo-ingo-ip-irt ________________________________ Confidentiality Notice This message is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of the message. _______________________________________________ Gnso-igo-ingo-ip-irt mailing list Gnso-igo-ingo-ip-irt@icann.org<mailto:Gnso-igo-ingo-ip-irt@icann.org> https://mm.icann.org/mailman/listinfo/gnso-igo-ingo-ip-irt
As aid, the approach is a decent practical solution, and I hope there are no policy-related objections, independent what groups of interest's may have suggested/supported in the past. Best, 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@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 9 augusti 2017 16:42:00 +02:00, skrev Dennis Chang <dennis.chang@icann.org>:
Hi Petter,
Thanks for the suggestion; I’ll send a reminder.
For now, let’s cancel the meeting as we’d planned. If I receive any replies, I’ll let the IRT know.
I’ll also proceed with the next step to correspond with the RySG on our new approach. It’s a bit different than what they had recommended but I think they will agree that it’s better since those registries will have access to the exceptions procedure much earlier (est. 4Q17) than what was indicated in the draft published for public comment (1 Feb 2018). I’ll cc the IRT on my letter to RySG. We expect to send a copy to RrSG as well. It will be good for them to know our new plan before we publish the final policy language.
Thanks Dennis Chang
From:Petter Rindforth <petter.rindforth@fenixlegal.eu> Reply-To:"petter.rindforth@fenixlegal.eu" <petter.rindforth@fenixlegal.eu> Date:Wednesday, August 9, 2017 at 4:41 AM To:Dennis Chang <dennis.chang@icann.org> Cc:Mike Rodenbaugh <icann@rodenbaugh.com>, "Bikoff, James" <jbikoff@sgrlaw.com>, Lori Schulman <lschulman@inta.org>, "gnso-igo-ingo-ip-irt@icann.org" <gnso-igo-ingo-ip-irt@icann.org> Subject:Re: [Ext] Re: [Gnso-igo-ingo-ip-irt] Request for IGO&INGO IRT consideration on policy effective date: "no later than"
Hi Dennis & All,
Do we still need a meeting tomorrow?
I have the feeling that we will not get any additional feedback at that meeting, perhaps better just to send out a reminder on the feedback needed from those members that have not replied so far.
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@fenixlegal.eu
www.fenixlegal.eu
NOTICE
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Fenix Legal KB, Sweden, www.fenixlegal.eu
Thank you
7 augusti 2017 17:13:10 +02:00, skrev Dennis Chang <dennis.chang@icann.org>:
Thanks Mike and the IRT,
So far, we’ve received replies from 5 IRT members (see below); all supporting the approach. If other members could reply as well, we’d appreciate it. If you’d like to use the 10 Aug 2017 IRT meeting to discuss this, please do reply with that request. If we receive no objection or requests by 8 Aug 2017, we’ll cancelled the 10 Aug 2017 meeting as promised.
IGO/INGO IRT
1 Brian Cimbolic 2 Crystal Ondo Support3 David Heasley 4 Jean-Francois Vandeneynde 5 Jim Bikoff Support6 Keith Drazek - GNSO Council Liaison 7 Kristine Dorrain 8 Lori Schulman Support9 Michael Flemming 10 Mike Rodenbaugh Support11 Petter Rindforth Support11 Valeriya Sherman
Thanks Dennis Chang
From:Mike Rodenbaugh <icann@rodenbaugh.com>Date:Friday, August 4, 2017 at 11:21 AM To:"Bikoff, James" <jbikoff@sgrlaw.com> Cc:Lori Schulman <lschulman@inta.org>, "petter.rindforth@fenixlegal.eu" <petter.rindforth@fenixlegal.eu>, Dennis Chang <dennis.chang@icann.org>, "gnso-igo-ingo-ip-irt@icann.org" <gnso-igo-ingo-ip-irt@icann.org> Subject:[Ext] Re: [Gnso-igo-ingo-ip-irt] Request for IGO&INGO IRT consideration on policy effective date: "no later than"
Agreed.
On Fri, Aug 4, 2017 at 9:13 AM, Bikoff, James <<jbikoff@sgrlaw.com>> wrote:
+1
Jim
James L. Bikoff[sgrlaw.com] <https://urldefense.proofpoint.com/v2/url?u=http-3A__www.sgrlaw.com_attorneys...> |Attorney at Law
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From:<gnso-igo-ingo-ip-irt-bounces@icann.org> [mailto:<gnso-igo-ingo-ip-irt-bounces@icann.org>] On Behalf OfLori SchulmanSent: Friday, August 04, 2017 12:05 PM To: <petter.rindforth@fenixlegal.eu>; Dennis Chang Cc: <gnso-igo-ingo-ip-irt@icann.org> Subject: Re: [Gnso-igo-ingo-ip-irt] Request for IGO&INGO IRT consideration on policy effective date: "no later than"
Hi Dennis,
I agree with Petter, this seems very sensible.
Lori
Lori S. Schulman Senior Director, Internet Policy International Trademark Association (INTA) +1-202-704-0408 <tel:(202)%20704-0408>, Skype: lsschulman
From: <gnso-igo-ingo-ip-irt-bounces@icann.org> [mailto:gnso-igo-ingo-ip-irt-bounces@icann.org <gnso-igo-ingo-ip-irt-bounces@icann.org>] On Behalf OfPetter Rindforth
Sent: Friday, August 04, 2017 11:54 AM
To: Dennis Chang <<dennis.chang@icann.org>>
Cc: <gnso-igo-ingo-ip-irt@icann.org>
Subject: Re: [Gnso-igo-ingo-ip-irt] Request for IGO&INGO IRT consideration on policy effective date: "no later than"
Hi Dennis & All
I have no objection to the proposed amendment of effective date for Red Cross, IOC, and IGOs.
Seem to me as a practical solution.
All the best,
Petter
--
Petter Rindforth, LL M
Fenix Legal KB
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Thank you
4 augusti 2017 16:37:21 +02:00, skrev Dennis Chang <<dennis.chang@icann.org>>:
Dear IGO/INGO IRT,
Thank you for your continued support as we near the completion of the policy revision. We have one more request for your consideration.
The implementation team had another idea for an improvement. We believe that this change will provide the flexibility that Red Cross, IOC and IGOs will appreciate. It effectively offers the exceptions procedure they need immediately upon the announcement of the policy. Instead of “on” an effective date, we propose using “no later than” an effective date. This way those registries and registrar that need the 6-month implementation time can have the full 6-months, while those that are ready to implement today may do so as early as the announcement date of the policy. The language change would then look like this.
Section 2. Policy and Effective Dates This Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars on 1 February 2018. 1. For the Red Cross, IOC, and IGOs, the Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrarsonno later than1 March 2018 2. For the INGOs, the Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars 12 months after the release of the INGO Claims System Specification.
I’ve asked Michelle to schedule another IRT meeting on 10 August 2017 to discuss this as a team. However, if the IRT provides agreement to this change via email replies, we can handle won’t need to meet.
Please let us hear from you.
Thanks Dennis Chang
From:<<gnso-igo-ingo-ip-irt-bounces@icann.org>> on behalf of Dennis Chang <<dennis.chang@icann.org>> Date:Friday, July 21, 2017 at 8:59 AM To:"<gnso-igo-ingo-ip-irt@icann.org>" <<gnso-igo-ingo-ip-irt@icann.org>> Subject:[Gnso-igo-ingo-ip-irt] IGO&INGO IRT decisions affecting policy effective dates
Dear IGO/INGO IRT,
On 20 July 2017, IRT took two decisions.
1. Exception Procedure: The further consideration regarding exceptions procedure for non-IGOs is now closed (email below.) The IRT agreed that this is out of scope and suggested we include the pertaining policy recommendation language in the summary report. 2. Policy Effective Date: A new approach to the effective date(s) was discussed and agreed upon for next steps.
More on the effective dates: IRT reviewed an approach where we could accommodate the RySG’s recommendation for “setting an implementation no earlier than 12 months from the approval of the specifications.” And at the same time, provide the registration mechanism for Red Cross, IOC and IGOs earlier than 12 months; use 6-month implementation duration instead.
The following is the proposed change to the policy language.
Section 2. Policy and Effective Dates This Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars on 1 February 2018. 1. For the Red Cross, IOC, and IGOs, the Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars on 1 March 2018 2. For the INGOs, the Policy is effective for all gTLD Registry Operators and ICANN-accredited Registrars 12 months after the release of the INGO Claims System Specification.
The 1 March 2018 is based on a new target date of 1 September 2017 announcement date; 6-month implementation time period. This change was agreed upon by the IRT members at the meeting but since this effects the policy effective dates, we thought the entire IRT should be consulted. The next step is to correspond with the RySG to ensure that the 6-month implementation time for the Red Cross, IOC and IGOs prior to publication is acceptable.
Please let us hear from you by 24 July 2017 before we contact RySG about this.
Thanks Dennis Chang
From:<<gnso-igo-ingo-ip-irt-bounces@icann.org>> on behalf of Mary Wong <<mary.wong@icann.org>> Date:Tuesday, July 18, 2017 at 9:40 AM To:"<gnso-igo-ingo-ip-irt@icann.org>" <<gnso-igo-ingo-ip-irt@icann.org>> Subject:[Gnso-igo-ingo-ip-irt] Further information on the question raised about the scope of the Exception Procedure
Dear IRT members,
I’m writing to follow up on Dennis’ email (below) and the discussion at the last IRT meeting, concerning public comments submitted questioning the fairness of limiting the Exception Procedure for the protected names to just the protected organizations. The basic concern expressed was that this potentially prevents third parties with legitimate rights from also applying for good faith registrations.
As described on the IRT call, the scope of our current implementation is limited to what the policy recommendations actually are. In this case, the recommendation for an Exception Procedure that was approved by the GNSO Council and the ICANN Board was specifically limited to the relevant protected organization (i.e. Red Cross, IOC, IGOs). As such, it is out of scope for the IRT to itself debate, amend or add to the policy recommendation – this is made clear by the Principles & Guidelines for IRTs adopted by the GNSO Council in August 2016 (“The IRT is not a forum for opening or revisiting policy discussions. Where issues emerge that may require possible policy discussion, these will be escalated using the designated procedure … “: you can see the full text of the Principles & Guidelines athttps://www.icann.org/en/system/files/files/irt-principles-guidelines-23aug16-en.pdf)[icann.org] <https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_en_system...>.
To the extent that the IRT believes there is a need to go back to the GNSO Council (e.g. for clarity as to the intention or scope of a policy recommendation or about a policy issue that arises during implementation), the designated procedure is as follows. The query should first be raised with the GNSO Council liaison to the IRT, who has the responsibility of ascertaining whether there is consensus within the IRT or agreement between the IRT and GDD staff on either the need for further guidance from the GNSO Council or on the question whether there is an issue that may require possible policy discussion (see Section V.E of the Principles & Guidelines).
We hope the information is helpful to the IRT as you continue your deliberations.
Thanks and cheers Mary
From:<<gnso-igo-ingo-ip-irt-bounces@icann.org>> on behalf of Dennis Chang <<dennis.chang@icann.org>> Date:Thursday, July 13, 2017 at 23:37 To:"<gnso-igo-ingo-ip-irt@icann.org>" <<gnso-igo-ingo-ip-irt@icann.org>> Subject:[Gnso-igo-ingo-ip-irt] IGO&INGO Policy Implementation: Public comment analysis
Dear IGO/INGO IRT,
I am happy to report, that our IRT meeting today was tremendously productive. We managed to go through every comment in a 90-minute session. Attached is our analysis from today’s meeting for your refererence.
Here are a few resulting stats: Changes to the policy language for clarification: 4 Additional implementation notes: 4 Addition to the FAQ: 3 Under further consideration: 1
The comment that the IRT asked to consider further is about exceptions procedure. In the attached analysis worksheet, it’s comment number 4.2-3 copied here for your convenience.
No Section Comments from Category Summary Analysis4.2-3 4.2 "if a domain name, containing an exact match name from the Red Cross, IOC, and IGO Identifier List, is registered before this Consensus Policy effective date or before the label is added to the Red Cross, IOC and IGO Identifier List, the Registry Operator MUST permit renewal or transfer of the domain name. If a domain name, containing an exact match name from the Red Cross, IOC and IGO Identifier List, is registered before the label is added to the Red Cross, IOC and IGO Identifier List, and is subsequently deleted, the Registry Operator MUST withhold the domain name from registration or allocate the domain name to Registry Operator", is therefore a decent "mid-way" proposal to solve the topic of how to deal with existing registrations in gTLDs. However, it could be argued that it would be more fair if good faith, non-infringing registrations by those with legitimate rights should be allowed at any time as a matter of course, possibly with review and non-objection by the Red Cross, IOC or IGO entity. IPC Change to exceptions procedure Exceptions procedure: it would be more fair if good faith, non-infringing registrations by those with legitimate rights should be allowed at any time as a matter of course, possibly with review and non-objection by the Red Cross, IOC or IGO entity. no change requested; current position is no change as this was not the initial interpretation of the policy; However, IRT would like to consider further. send an email to IRT to solicit broader input and then conclude next week Should the registration be allowed for non-(Red Cross, IOC, or IGO) organizations? Would this be in-line with the policy recommendation? If we did, how could this work? If we do not allow this (as it is in our current plan,) would we not be in alignment with the policy recommendation?
The IRT members are invited to provide comments.
Thanks Dennis Chang
p.s. As for the question, I’ve asked the IRT in earlier email (below), Crystal was kind to explain the reason for the request for the 12-month (rather than 6-month) for implementation. As we expected, it was due to the assumption that there would be a new system with a new interface that registry operators have to work with – rather than the TMCH they already work with. As the IRT is well aware, we have intentionally avoided any mention of TMCH to avoid any confusion that this policy had anything to do with Trademarks. I suppose it worked. In any case, the IRT suggested that we provide and explanation in our summary report and 6-month duration would not be an issue.
From:<<gnso-igo-ingo-ip-irt-bounces@icann.org>> on behalf of Dennis Chang <<dennis.chang@icann.org>> Date:Tuesday, July 11, 2017 at 5:47 PM To:"<gnso-igo-ingo-ip-irt@icann.org>" <<gnso-igo-ingo-ip-irt@icann.org>> Subject:[Gnso-igo-ingo-ip-irt] [question to IRT] IGO&INGO Policy Implementation: RySG comment requesting extended implementation time of 12-month (was 6-months)
Dear Registry Operator representatives of the IRT,
As you know, we’ve received comments from the RySG on 9 July 2017 and implementation team is working through the comments to understand the specific requests. In the RySG comment, we note that the implementation time be extended from 6 months to 12 months.
“a. An implementation date of 1 February 2018 may not provide proper time for Registry Operators to prepare for new processes or integration with the INGO Claims System. However, the preferred approach is to leverage TMCH for Claims Services. Therefore, we recommend setting an implementation no earlier than 12 months from the approval of the specifications.”
We have discussed the 6-month implementation timeline during the drafting of the implementation plan and it was deemed adequate and therefore decided on the 1 Feb 2018 effective date with 1 August 2017 announcement. We are now trying to gain an understanding of need for the extended implementation duration.
Is the 12-months requested with the assumption that we will not be leveraging the TMCH claims service? If the implementation plan is “the preferred approach to leverage TMCH,” would the 6-month duration be acceptable?
In light of the fact that we were advised some ROs did not want delays on this implementation, it would be helpful for us to have a good understanding for accepting this requested change from RySG.
We were going to reach out to RySG directly then realized that five of our own IRT are members of the RySG and could provide the rationale to us directly.
Please let us hear from you. It would be good to have this answer prior to our IRT meeting to take a decision then.
—
Kind Regards,
Dennis S. Chang
GDD Services & Engagement Program Director
+1 213 293 7889 <tel:(213)%20293-7889>
Skype: dennisSchang
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participants (6)
-
Bikoff, James -
Crystal Ondo -
Dennis Chang -
Lori Schulman -
Mike Rodenbaugh -
Petter Rindforth