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Notes and Action Items: New gTLD Subsequent Procedures PDP WG - Track 2 - 01 February 2018
by Julie Hedlund Feb. 9, 2018

Feb. 9, 2018

Dear Work Track members, Please find below the action items and discussion notes from today’s call. These high-level notes are designed to help Work Track members navigate through the content of the call and are not a substitute for the recording. Please see the attached slides and excerpts from the chat room below. Best, Julie Julie Hedlund, Policy Director -------------------------------------------------------------------------- Notes and Action Items: New gTLD Subsequent Procedures PDP WG - Track 2 – 01 February 2017 1. SOI Updates: None. 2. Closed Generics Slide 3: Closed Generics -- Recap -- Discussed what a Closed Generic is and currently defined in the RAA. -- Why we are talking about this. -- Exceptions to Closed Generic Rule (Spec 13, strict criteria for registering a domain in an open TLD). -- Analyzed pros and cons. Slide 4 -- Closed Generics -- Recap, continued -- Addressed key aspects that contribute to possible paths forward. -- Found it difficult to address potential harms or merits without documented evidence. -- Found that if a Closed Generic could be considered in the public interest then it may be beneficial to allow for this to occur. -- Discussed the possiblity of allowing for a Closed Generic if we could allow for objections to an application or if we could keep the applicant in check. Slide 5: Closed Generics -- Path Forward -- Possible paths forward at this point. The extremes and in betweens. Bring policy up to date with the existing Registry Agreement that Closed Generics should not be allowed. Allow Closed Generics but require that applicants clearly demonstrate the Closed Generic serving a public interest in the application. This would require the applicant to reveal details about the goals of the registry. Establish an objections process for Closed Generics that is modelled on community objections. Allow Closed Generics but require the applicant to commit to a code of conduct. This would not require the applicant to reveal details about the goals of the registry but commit to annual self-audits that fall in line with the code of conduct in regards to Closed Generics. Establish an objections process for Closed Generics that is modelled on community objections. Allow Closed Generics with no regulation but establish an objections process for Closed Generics that is modelled on community objections. Discussion: -- If there is more than one applicant proposing a closed generic in the public interest then ICANN would have to determine who is the better applicant (proposal #2). -- Suggestion to combine #2 and #3. -- Taken competition off the table -- figured that ICANN doesn't want to decide what is competition, meaning we have not come to agreement on the harms or the merits. If we could find a way for a Closed Generic in the public interest then we could find a way to allow it. -- Distinguish between classes of cases. A non-community TLD can have registration eligibility restrictions. .BANK as an example -- not a closed generic in the sense that names are available to third parties, but there are stringent eligibility criteria. -- Restricted TLDs are not closed; a closed TLD is utilized only by the operator and its affiliates. Need to stick to our category and avoid scope creep/leap. Discuss really closed generics as our only remit. Try to settle in between #2 and #3. -- #2 -- require an applicant to reveal details about the goals of the registry. How can we phrase this to satisfied the need to offer details in the application so a third party can judge whether they need to file an objection. -- Question 18: Mission and purpose of the TDL -- could that be used for the details? -- There are passionate arguments on multiple sides of this issue and we have no consensus on a common path forward: We should put out possible options on which we would like comments from the community. Show how we have considered all the options. Goal for the initial report is to show that we have thought about all of the models without expressing a view so the public can provide feedback or new models/combinations. Make sure we cover all of the scenarios. -- Suggestion for #3 -- create 3a and 3b: would require the applicant to reveal details about the goals of the registry. Notice of intent and #2 and #3. A no-objection. Some kind of clear and substantive form -- missing a suggestion of the proof of notice to the community of competitors. Not ICANN's job. The registry is in the best position to provide the notice to their competitors. To #2 and #3 - clear disclosure of intent and proof of notification to competitors around the world to allow them to raise their concerns. Kristina Rosette (Amazon Registry): @Julie: I object to that proposed change. -- Question 18 did an adequate job. Object to a particular category of applicant having to give notice. Concerns about how to implement it and expectations. -- Might be more productive to set out all the options separately, but ask in the Public Comment. -- Another option is the PICDRP. If we have the objection we will have a dispute resolution procedure. >From the chat: Alan Greenberg: Does 2 imply a panel to judge whether the proposal is indeed in the PI? christine farley: Have you considered an additional option that combines the requirements of #2 & #3? Jim Prendergast: not a comment speciifc to the possible paths forward but a larger one. My sense is if the broader community knew that this WT was charged with responding to to the NGPC on closed generics (among the many other topics we are working on as part of the PDP), we'd have a lot more participation. A lot more Jim Prendergast: Do we have any indication that the GAC objection to closed Generics has changed or softened? Michael Flemming: I do not believe we do Michael Flemming: Greg, I believe it wasn't .redcross but a different term. I can't recall at the current time what Jeff's example was. Greg Shatan: Restricted registries are not closed registries. End of discussion? Steve Chan: For reference, here is the Beijing communique: http://www.icann.org/en/news/correspondence/gac-to-board-18apr13-en.pdf christine farley: Seems like there might be another option in Kathy's last comments. That is, allow closed generics only where the "generic" term does not describe applicant's goods or services. Steve Chan: In short, the GAC Communique states: "For strings representing generic terms, exclusive registry access should serve a public interest goal." Greg Shatan: Christine, I think at that point it is not a “generic” at all. Greg Shatan: Also, I believe that would not fall into the current definition of a “closed generic.” Kristina Rosette (Amazon Registry): I think we're skipping the threshold question: Does anyone on the call believe that Q18 was insufficient and, if so, why and how should it be changed? Michael Flemming: Thats a good question Kristina Kathy Kleiman: +1 Christine - which seems to build on Greg's .BEAUTY example. How can they show it is not going to be a Closed Garden? Michael Flemming: It is, but can be considered in line with this. Kristina Rosette (Amazon Registry): @Alexander: It seems to me that, if the opposition to closed generics is on competition grounds, then it seems likely that the potential objectors would be competitors. I must be misunderstanding your question. Jim Prendergast: on Q18 - (and20) I do think the arbitrary character limits placed upon those responses may have hurt applicants ability to fully describe their intentions/applications but no to the substance of the question Jeff Neuman: All we are trying to do now is list the potential options and put those out for public comment. Talking about the merits of these possible paths is fine, but lets make sure all of the options are listed to go out for comment christine farley: Greg, correct me if I'm wrong, but I thought the definition of a closed generic is that the term is a generic term and the registry is closed. Your point goes to what is a generic term. Is it generic in a lay sense, i.e., a dictionary term, or is it generic under trademark law, i.e. is it a term that functionally describes the applicant's business. Steve Chan: To Jeff's point, it might be useful to see if the number of options can be reduced? Kristina Rosette (Amazon Registry): @Julie: I object to that proposed change. Julie Hedlund: @Kristina: Captured, thanks. Alexander Schubert: Instead of a formal "objection" we should rather have a public comment period! Julie Hedlund: Also, noted as a suggestion. Kristina Rosette (Amazon Registry): So, if the applicant isn't in the industry, it doesn't have any competitors, right? Kathy Kleiman: Great, tx Jeff. Kathy Kleiman: Can you give an example, Kristina? Kristina Rosette (Amazon Registry): I don't have one. The discussion has been focused on the applicant's competitors in the industry. it logically follows that if the applicant isn't currently a participant in whatever the industry is, it can't have any competitors. Kathy Kleiman: To #2 and #3 - clear disclosure of intent and proof of notification to competitors around the world to alow them to raise their concerns.

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Fwd: [Ntfy-gnso-newgtld-wg-wt2] ****CANCELLED****Meeting Invitation: New gTLD Subsequent Procedures Sub Team Track 2 Legal/Regulatory Issues call on Thursday, 08 February 2018 at 21:00 UTC
by Michael Flemming Feb. 8, 2018

Feb. 8, 2018

Dear All, Please accept our apologies about the immediate canceling of this meeting. We were unable to prepare material in time due to a rather busy conflicting schedule. At the current time, we have the following material left to cover for WT2 before we need to provide our recommendations to the Full WG. - Vertical Integration (22 February at 15 UTC) - Contractual Compliance (Will schedule another meeting) - TLD Rollout (Will schedule another meeting) - Global Public Interest (Will schedule another meeting) Due to the Chinese New Year Holiday, we will only be able to hold an additional call the week of 1 March in order to meet deadlines. Sophia and I are endeavoring to get you the documentation for paths forward as soon as possible. These are the documents that will guide our discussion forward and seek to finalize our recommendations for the Full WG. We look forward to discussing with everyone again soon. Sincerely, Michael Flemming and Sophia Feng WT2 Co-Chairs On Thu, Feb 8, 2018 at 6:04 AM, Michelle DeSmyter < michelle.desmyter(a)icann.org> wrote: > ***********THIS MEETING HAS BEEN CANCELLED************* > > Dear All, > > > > The call for the New gTLD Subsequent Procedures Sub Team – Track 2 – > Legal/Regulatory Issues will now take place on *Thursday, 08 February** 2018 > at 21:00 UTC for 60 minutes.* > 13:00 PST, 16:00 EST, 21:00 London, 22:00 Paris CET > > For other times: https://tinyurl.com/y8umv8jy[tinyurl.com] > <https://urldefense.proofpoint.com/v2/url?u=https-3A__tinyurl.com_y8umv8jy&d…> > > > > > > Adobe Connect room: https://participate.icann.org/newgtldsubteams/ > > You can connect your audio by following instructions in the pop up in the > AC room, or use the Connect Me option below (also sent in the calendar > invitation). > > > > Thank you. > > > > Kind regards, > > > > Michelle > > > > *You're Invited.* > > You've been invited to a GlobalMeet® phone only meeting. > > > *Have the meeting call you. *Click the Connect Me link below. *No need to > dial-in.* > > *Connect Me *[toolbar.conferencinghub.com] > <https://urldefense.proofpoint.com/v2/url?u=https-3A__toolbar.conferencinghu…> > > > > > > > *Not at your computer? *You can join by dialing one of the access numbers > below. > > > > *Mobile:* > > tel://16054755604,*,,8650457825# <//16054755604,*,,8650457825> > > *Access Number:* > > 1-605-475-5604 <(605)%20475-5604> > > *Guest Passcode:* > > 8650457825 > > *Additional Access:* > > USA: > > 1-605-475-5604 <(605)%20475-5604> > > USA: > > 1-712-770-4203 <(712)%20770-4203> > > USA: > > 1-719-457-6209 <(719)%20457-6209> > > Canada, Calgary: > > +1 403 407 5793 <(403)%20407-5793> > > Canada, Montreal: > > +1 514 669 5928 <(514)%20669-5928> > > Canada, Toronto: > > +1 647 426 9172 <(647)%20426-9172> > > Canada, Vancouver: > > +1 604 222 7836 <(604)%20222-7836> > > Argentina, Buenos Aires: > > +54 (0) 11 5172 6003 <+54%2011%205172-6003> > > Argentina (toll free): > > 0800 800 1223 > > Australia, Sydney: > > +61 (0) 2 8017 6064 <+61%202%208017%206064> > > Australia, Melbourne: > > +61 (0) 3 8687 0553 <+61%203%208687%200553> > > Australia, Brisbane: > > +61 (0) 7 3015 0535 <+61%207%203015%200535> > > Australia (toll free): > > 1 800 804 786 > > Austria, Vienna: > > +43 (0) 1 25302 1785 <+43%201%20253021785> > > Austria (toll free): > > 0800 8866 3413 > > Bahrain, Manama: > > +973 1619 8739 <+973%201619%208739> > > Bahrain (toll free): > > 800 04212 > > Belarus (toll free): > > 8 820 0011 0341 > > Belgium, Brussels: > > +32 (0) 2 400 6928 <+32%202%20400%2069%2028> > > Belgium (toll free): > > 0800 39279 > > Brazil, Sao Paulo: > > +55 11 4935 7169 <+55%2011%204935-7169> > > Brazil, Rio de Janeiro: > > +55 21 4560 0072 <+55%2021%204560-0072> > > Brazil (toll free): > > 0800 887 0233 > > Bulgaria, Sofia: > > +359 (0) 2 491 6045 <+359%202%20491%206045> > > Bulgaria (toll free): > > 00800 111 4950 > > Cambodia, Phnom Penh: > > +855 23 965 723 <+855%2023%20965%20723> > > Canada (toll free): > > 1 855 950 3717 <(855)%20950-3717> > > Chile, Santiago: > > +56 (0) 2 2666 0696 <+56%202%202666%200696> > > Chile (toll free): > > 171 800 835 783 > > China (national): > > +400 613 8103 > > China, Beijing: > > +86 10 5667 0003 <+86%2010%205667%200003> > > China, Shanghai: > > +86 21 2039 7081 <+86%2021%202039%207081> > > Colombia, Bogota: > > +57 1 508 8137 > > Colombia (toll free): > > 01 800 755 0102 > > Costa Rica (toll free): > > 800 542 5328 <(800)%20542-5328> > > Croatia (toll free): > > 0800 805 940 > > Cyprus (toll free): > > 800 97424 > > Czech Republic, Prague: > > +420 225 986 554 <+420%20225%20986%20554> > > Czech Republic (toll free): > > 800 701 532 > > Denmark, Copenhagen: > > +45 32 72 78 10 <+45%2032%2072%2078%2010> > > Denmark (toll free): > > 80 70 35 86 > > Egypt (toll free): > > 0800 000 0593 > > Estonia, Tallinn: > > +372 622 6551 <+372%20622%206551> > > Estonia (toll free): > > 800 011 1589 > > Fiji (toll free): > > 00800 3322 > > Finland, Helsinki: > > +358 (0) 9 2310 1677 > > Finland (toll free): > > 0800 772 236 > > France, Paris: > > +33 (0) 1 70 37 16 56 <+33%201%2070%2037%2016%2056> > > France (toll free): > > 0800 946 531 > > France (national): > > 0811 655 100 > > France (national): > > 0821 231 671 > > Georgia, Tbilisi: > > +995 32 2 050 778 > > Germany, Frankfurt: > > +49 (0) 69 2222 10612 <+49%2069%20222210612> > > Germany, Munich: > > +49 (0) 89 2030 31207 <+49%2089%20203031207> > > Germany (national): > > 01801 003 899 > > Germany (toll free): > > 0800 588 9170 > > Greece, Athens: > > +30 211 181 3824 <+30%2021%201181%203824> > > Greece (toll free): > > 00800 128 913 > > Hong Kong: > > +852 3018 9111 <+852%203018%209111> > > Hong Kong (toll free): > > 800 901 787 > > Hungary, Budapest: > > +36 1408 8953 > > Hungary (toll free): > > 068 001 9673 > > Iceland (toll free): > > 800 9847 > > India, Delhi: > > +91 (0) 11 6641 1394 <+91%2011%206641%201394> > > India, Bangalore: > > +91 (0) 80 6127 6710 <+91%2080%206127%206710> > > India, Mumbai: > > +91 (0)22 6187 5028 <+91%2022%206187%205028> > > India, Chennai: > > +91 (0)44 6688 6061 <+91%2044%206688%206061> > > India (toll free): > > 1800 200 9415 <(800)%20200-9415> > > Indonesia, Jakarta: > > +62 21 2188 9084 <+62%2021%2021889084> > > Indonesia (toll free): > > 007 803 321 8927 > > Ireland, Dublin: > > +353 (0) 1 526 9421 <+353%201%20526%209421> > > Ireland (national): > > 0818 270 271 > > Ireland (toll free): > > 1800 937 649 > > Ireland (national): > > 1890 907 630 > > Israel, Tel Aviv: > > +972 (0)3 721 7943 <+972%203-721-7943> > > Israel (toll free): > > 1809 213 168 > > Italy, Milan: > > +39 02 3600 8006 <+39%2002%203600%208006> > > Italy, Rome: > > +39 06 8750 0676 <+39%2006%208750%200676> > > Italy (toll free): > > 800 146 094 > > Japan, Tokyo: > > +81 (0) 3 4560 1270 <+81%203-4560-1270> > > Japan, Osaka: > > +81 (0) 6 4560 2410 <+81%206-4560-2410> > > Japan (toll free): > > 0120 305 211 > > Japan (mobile): > > 0120 632 611 > > Japan (national): > > 0570 085 744 > > Kazakhstan (toll free): > > 8800 333 7554 > > Kenya, Nairobi: > > +254 (0)20 529 3581 > > South Korea, Seoul: > > +82 (0) 2 6007 0079 <+82%202-6007-0079> > > South Korea (toll free): > > 00798 6136 1454 > > Latvia, Riga: > > +371 6601 3627 > > Latvia (toll free): > > 8000 4418 > > Lithuania, Vilnius: > > +370 5205 5468 > > Lithuania (toll free): > > 8800 31449 > > Luxembourg: > > +352 2088 1749 <+352%2020%2088%2017%2049> > > Luxembourg (toll free): > > 800 28433 > > Malaysia,Kuala Lumpur: > > +60 (0) 3 7724 8010 <+60%203-7724%208010> > > Malaysia (toll free): > > 1 800 816 152 > > Mexico, Guadalajara: > > +52 33 4162 4504 <+52%2033%204162%204504> > > Mexico, Mexico City: > > +52 55 8421 0326 <+52%2055%208421%200326> > > Mexico, Monterrey: > > +52 81 4162 5648 <+52%2081%204162%205648> > > Mexico (toll free): > > 01 800 733 4102 > > Morocco, Casablanca: > > +212 (0) 520 48 0022 > > Morocco (toll free): > > 0800 091 296 > > Netherlands, Amsterdam: > > +31 (0) 20 716 8345 <+31%2020%20716%208345> > > Netherlands (toll free): > > 0800 020 2597 > > New Zealand, Christchurch: > > +64 (0) 3 974 2596 <+64%203-974%202596> > > New Zealand, Wellington: > > +64 (0) 4 909 4674 <+64%204-909%204674> > > New Zealand, Auckland: > > +64 (0) 9 929 1825 <+64%209-929%201825> > > New Zealand (toll free): > > 0800 452 947 > > Nigeria, Lagos: > > +234 1 277 3944 <+234%201%20277%203944> > > Norway, Oslo: > > +47 21 00 48 15 <+47%2021%2000%2048%2015> > > Norway (toll free): > > 800 56081 > > Oman (toll free): > > 800 77265 > > Panama, Panama City: > > +507 8 335 913 > > Panama (toll free): > > 00800 223 1390 > > Peru, Lima: > > +51 (0) 1 700 9571 > > Peru (toll free): > > 0800 78102 > > Philippines, Manila: > > +63 (0)2 395 3426 <+63%202%20395%203426> > > Philippines (toll free): > > 1 800 111 013 99 > > Poland, Warsaw: > > +48 22 295 3570 <+48%2022%20295%2035%2070> > > Poland (toll free): > > 00 800 121 4356 > > Portugal, Lisbon: > > +351 21 316 4093 <+351%2021%20316%204093> > > Portugal (toll free): > > 800 784 442 > > Qatar (toll free): > > 00 800 100 491 > > Romania, Bucharest: > > +40 (0) 21 529 3992 <+40%2021%20529%203992> > > Romania (toll free): > > 0800 801 035 > > Russia, Moscow: > > +7 495 646 9181 <+7%20495%20646-91-81> > > Russia (toll free): > > 8 800 500 9241 > > Saudi Arabia (toll free): > > 800 844 6641 <(800)%20844-6641> > > Saudi Arabia (toll free): > > 800 850 0219 <(800)%20850-0219> > > Serbia (toll free): > > 0800 190 712 > > Singapore: > > +65 6622 1957 <+65%206622%201957> > > Singapore (toll free): > > 800 616 3192 <(800)%20616-3192> > > Slovakia, Bratislava: > > +421 (0)2 3321 5498 > > Slovakia (toll free): > > 0800 002 002 > > Slovenia, Ljubljana: > > +386 1600 8695 > > Slovenia (toll free): > > 0800 81193 > > South Africa, Johannesburg: > > +27 (0)11 589 8321 <+27%2011%20589%208321> > > South Africa (toll free): > > 0800 999 434 > > Spain, Madrid: > > +34 91 114 6653 <+34%20911%2014%2066%2053> > > Spain, Barcelona: > > +34 93 800 1946 <+34%20938%2000%2019%2046> > > Spain (toll free): > > 900 828 035 > > Sri Lanka, Sri Lanka: > > +94 720 910 333 <+94%2072%20091%200333> > > Sweden, Stockholm: > > +46 (0) 8 5065 3956 > > Sweden (toll free): > > 0200 125 588 > > Switzerland, Geneva: > > +41 (0) 22 595 4795 <+41%2022%20595%2047%2095> > > Switzerland, Zurich: > > +41 (0) 44 580 7207 <+41%2044%20580%2072%2007> > > Switzerland (toll free): > > 0800 740 360 > > Taiwan, Taipei: > > +886 (0) 2 2650 7329 <+886%202%202650%207329> > > Taiwan (toll free): > > 0800 666 596 > > Thailand, Bangkok: > > +66 (0) 2104 0761 <+66%202%20104%200761> > > Thailand (toll free): > > 001 800 6136 1473 > > Tunisia, Tunis: > > +216 31 378 101 <+216%2031%20378%20101> > > Turkey, Istanbul: > > +90 212 375 50 49 <+90%20212%20375%2050%2049> > > Turkey (toll free): > > 00800 4488 26642 > > Ukraine (toll free): > > 0800 500 896 > > UAE (toll free): > > 8000 3570 2662 > > UK (03): > > +44 (0)330 336 6002 <+44%20330%20336%206002> > > UK (toll free): > > 0800 358 6385 > > UK (national): > > 0844 473 5010 > > UK (national): > > 0845 545 0015 > > USA /Canada (toll free): > > 1-866-398-2885 <(866)%20398-2885> > > Uruguay (toll free): > > 0004 019 0152 > > Venezuela, Caracas: > > +58 212 720 2164 <+58%20212-7202164> > > Venezuela (toll free): > > 0 800 162 7451 > > Vietnam, Hanoi: > > +84 4 4458 3312 > > Vietnam (toll free): > > 1800 9226 > > > > > > > > > > > > _______________________________________________ > Ntfy-gnso-newgtld-wg-wt2 mailing list > Ntfy-gnso-newgtld-wg-wt2(a)icann.org > https://mm.icann.org/mailman/listinfo/ntfy-gnso-newgtld-wg-wt2 >

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Agenda for WT2 Call at 21:00 UTC at Thursday, 08 February 2018
by Sophia Feng Feb. 7, 2018

Feb. 7, 2018

Dear All, Please note the agenda for the upcoming meeting of WT2 Call at 21:00 UTC at Thursday, 08 February 2018 Welcome SOI Updates Proposal on High Level Agreements and further deliberations Registrar Non-Discrimination AOB Looking forwards to discussing with you. best regards, Michael Flemming Sophia Feng

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Recordings, AC chat & attendance from New gTLD Subsequent Procedures Sub Team Track 2 Legal/Regulatory Issues call on Thursday, 01 February 2018
by Michelle DeSmyter Feb. 1, 2018

Feb. 1, 2018

Dear All, Please find the attendance and recording of the call attached to this email. The AC recording and AC Chat are listed below for the New gTLD Subsequent Procedures Sub Team - Track 2 - Legal/Regulatory Issues held on Thursday, 01 February 2018 at 15:00 UTC. Mp3: https://audio.icann.org/gnso/gnso-new-gtld-subsequent-track2-01feb18-en.mp3 Adobe Connect recording (audio and visual): https://participate.icann.org/p4463awbd25/ The recordings of the calls are posted on the GNSO Master Calendar page: http://gnso.icann.org/en/group-activities/calendar[gnso.icann.org]<https://urldefense.proofpoint.com/v2/url?u=http-3A__gnso.icann.org_en_group…> ** Please let me know if your name has been left off the list ** Mailing list archives: http://mm.icann.org/pipermail/gnso-newgtld-wg-wt2 Agenda Wiki page: https://community.icann.org/x/9wSfB Thank you. Kind regards, Michelle -------------------------------

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Agenda for WT2 Meeting at 15 UTC 1 February 2018
by Michael Flemming Feb. 1, 2018

Feb. 1, 2018

Dear All, Please note that this week we have a call scheduled for WT2. I know that a lot of individuals are traveling for a number of sessions and events being held throughout this week. Unfortunately, we are unable to reschedule the 1 February 2018 15 UTC call, so I invite individuals to comment and provide feedback over the mailing list. The topic for this week will be *Closed Generics*. As Sophia and I have highlighted in our emails over the last several weeks, we have been putting together documents that summarize, analyze, and offer paths forward for our topics in WT2. Already we have looked at the Registry Agreement, Registrant Protections, Reserved Names, and the Applicant Terms and Conditions. Documents have been circulated and shared with the group, but we have had very little feedback outside of our biweekly calls. I highly encourage participants to provide feedback on what we have highlighted and are proposing in these documents. The goal for these documents is to present to the overall WG what we are recommending as WT2. I hope those of you that can join us will do so this week to engage in our discussion on Closed Generics. Sincerely, Michael Flemming & Sophia Feng WT2 Co-Chairs

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Notes and Action Items: New gTLD Subsequent Procedures PDP WG - Track 2 - 18 January 2018
by Julie Hedlund Jan. 18, 2018

Jan. 18, 2018

Dear Work Track members, Please find below the action items and discussion notes from today’s call. These high-level notes are designed to help Work Track members navigate through the content of the call and are not a substitute for the chat transcript or the recording. Please see below the links to the referenced documents and excerpts from the chat room. Applicant Terms and Conditions https://docs.google.com/document/d/1LyeCn0QHyFu8cvmAuZ8_sUUIuGMzeh8XyaLMhDI… Reserved Names https://docs.google.com/document/d/1h4aqPkeTg0-8tMatrEHFMMZsaZNC6qfTR04uDuQ… Best, Julie Julie Hedlund, Policy Director -------------------------------------------------------------------------- Notes and Action Items: New gTLD Subsequent Procedures PDP WG - Track 2 – 18 January 2017 1. Proposals on High Level Agreements and further deliberations Reserved Names Applicant Terms and Conditions -- We have provided some summaries of our progress. Section 3 (reading from the section): -- Clarify the language in this section. -- We are saying that the decision to review a decision - I think we need to link the rejection to the 3 categories - laws, bylaws, or etc. -- Need to state the concept that while ICANN has authority to reject application it needs to do so under the applicant contract, bylaws, etc. The concept is that we don't agree with the language that is in the applicant terms and conditions and should be limited to certain circumstances. Be clear about discretion is limited to certain circumstance. -- The Work Track should agree on wording. -- See: https://docs.google.com/spreadsheets/d/1WgsYlUpKI_QGuIOlOxtu4uBBj8ZWgD0bTw8… Section 6: -- Wt2 can say that there needs to be an appeals mechanism, but some WT members oppose the covenant not to sue. -- The mechanism of the IRP is a good model. Section 14: -- Could probably have some language that describes the role of a terms and conditions document is, but doesn't override everything in the AGB and ICANN's Bylaws. Changes to the AGB will reference the predictability framework. -- First 3 bullets are consensus decisions. -- 4th bullet implies that it is a minority decision. If the changes are policy changes they have to go back to the GNSO. High-Level Agreement so Far: -- Maintaining the reserved names list in the top level: Appears to be consensus to maintain the top level reserved name list. While there is no consensu on whether any specifc changes in the top level reserved name list should be recommended, it would be beneficial for the WT to further review the Top Level Reserved Name List. >From the chat: Sophia Feng: https://docs.google.com/document/d/1LyeCn0QHyFu8cvmAuZ8_sUUIuGMzeh8XyaLMhDI… Sophia Feng: here is link to this document Jim Prendergast: can I suggest that one of the post call action items that is sent int he summary a link to the doc asking WT members to review and propose edits. Kristina Rosette (Amazon Registry): For the record, we oppose the covenant not to sue - regardless of any appeals mechanism. Cheryl Langdon-Orr (CLO - PDP Co-Chair): I suspect several entities will @Kristina, and that may be clearer post public comments after the Initial Report Jeff Neuman: I believe our Prelim Report needs to state that some members of the Working Group oppose the covenant not to sue as a concept. If, however, such a covenant not to sue remains, then we recommend.......... Heather Forrest: There was a presentation to SO/AC leaders yesterday on the new IRP and what SO/ACs will need to do to participate in that process. I wasn't able to participate due to time zone but think we need to consider these Ts and Cs in light of that new process Steve Chan: WT3 is definitely considering appeals mechanisms as part of its topic on Accountability Mechanisms (probably a topic that is not correctly labeled) Cheryl Langdon-Orr (CLO - PDP Co-Chair): The IRP is certainly a good bst practice model in my biased (personal) view Jeff Neuman: THe new IRP is a little bit better, but it will not be sufficient to challenge substantive decisions of evaluators Kristina Rosette (Amazon Registry): The comments I made earlier w/r/t the .ISLAM and .HALAL IRP Final Declaration apply to Section 14, too. Steve Chan: Would a reference to the Predictabilty Framework, from the overarching issues, make sense here? Heather Forrest: +1 Kristina - decisions such as these on validity are critical to this group's evaluation Jeff Neuman: Sure Steve Chan: Or perhaps this particular concerns might feed into the Predictability Framework? Cheryl Langdon-Orr (CLO - PDP Co-Chair): We could do that Steve... Justine Chew: Section 14 -- unavoidable changes should not prejudice applicants who have submitted their application(s), and if prejudice arises some allowances should be granted to such applicants. Jim Prendergast: no objections here Jeff Neuman: At the end of the day, I think that fourth bullet will go away and just reference the other work under the predictability framework Cheryl Langdon-Orr (CLO - PDP Co-Chair): makes sense Jeff Jeff Neuman: [which goes into the things that Alan talked about] Jeff Neuman: @Jim - I think you are right Kristina Rosette (Amazon Registry): The other issue with "a few" is that "a few" has one meaning if the few = all SGs and Constituencies (for example) and another meaning if "a few" = 2 people in their individual capacity. Suggest rephrasing for that reason, too. 2. Reserved Names (4.3.1): -- Release of certain reserved names: Whether we have a policy recommendation on this issue. Make sure we don't lose that issue. -- Staff notes that there is still ongoing policy development on IGO acronyms. The policy posted there are exception procedures. -- For any category that doesn't have an exception there should be a process developed. -- During the policy discussions on IOC names there was a discussion on whether we want an exception, and the decision was no. Interesting that the most recent policy is to add an exception. >From the chat: Jeff Neuman: AS a preface to this section, we know that there is a new consensus policy just announced on IGO / INGO names and so we will make sure that that consensus policy is incorporated into our prelim report Jeff Neuman: sorry initial report Michael Flemming: I think that everyone is fully aware, but just to make sure there is no confusion. Geographic Names at the TOP LEVEL are being discussed in Work Track 5, not Work Track 2. Steve Chan: Here is the announcement Jeff just referenced: https://www.icann.org/news/announcement-2018-01-16-en Heather Forrest: Raising for completeness the same comment here as I made in this week's WT5 meeting - it's important that we focus on the rationale of reserving names (as was done in the RNWG Final Report) Michael Flemming: RNWG = Reserved Name Working Group Steve Chan: https://docs.google.com/spreadsheets/d/1WgsYlUpKI_QGuIOlOxtu4uBBj8ZWgD0bTw8… Julie Hedlund: @Sophia: Unless we share screen we can't show it. But members can open it. Jeff Neuman: Adobe Connect has some limitations Steve Chan: The document is uploaded to the AC room and can be displayed, but probably diffcult to read there. Jeff Neuman: Lets make sure to capture Heather's comment on making sure the rationale is provided from the original 2007/2008 RSWG where we recommend the reservations are maintained Steve Chan: The link shared above is for second-level reserved names. Steve Chan: Here is the link for the top-level: https://docs.google.com/spreadsheets/d/1x74w58a9UaTTVulCMmrI45iTiHao6Hf1s8e… Heather Forrest: Thanks Jeff :) Jim Prendergast: today’s announcement contains a definitive list of terms that must be reserved. but no list like that was provided in the AGB. I can’t remember if we talked about having icann develop and publish a definitive list but that would seem to make sense to synch the two major categories of reserved names. (at 2nd level) Kristina Rosette (Amazon Registry): +1 Jim Jeff Neuman: Good point Jim Jeff Neuman: One I know that many registries were asking ICANN to do for a long time :) Steve Chan: https://www.icann.org/sites/default/files/packages/reserved-names/ReservedN… Michael Flemming: @Heather, some CC2 comments addressed this area. But, when you say questioned in regards to its choice, I don't believe we have had a Registry chime in on. Heather Forrest: @Michael - thank you. I was just curious, but the fact that Registries haven't raised it as a problem suggests that it isn't a problem, or it isn't high priority Heather Forrest: To the comment about IANA transition, there were some very interesting discussions in the Reserved Names Working Group in 2007 about reservations for ICANN-related names, and why these should be treated differently than any other brand or corporate name Kristina Rosette (Amazon Registry): "Very interesting discussions," indeed. :-) Heather Forrest: I recall a very rational argument raised by Mike Rodenbaugh, I think Jeff Neuman: But also we are talking about both top level and second level here Jeff Neuman: Alan you may be right at top level, but second level is a different story Kathy Kleiman: Perhaps you can put this out for review by the whole subteam? Jeff Neuman: EIther way, we need to discuss it further Kathy Kleiman: on the list... Jeff Neuman: @Kathy - yes, it needs to be discussed by all Alan Greenberg: @Jeff, the PDP was exclusively discussing 2nd level.

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Progress documents shared： Agenda for WT2 Call at 3 UTC on 18th Jan 2018
by Sophia Feng Jan. 18, 2018

Jan. 18, 2018

Dear All, Please find the progress documents discussed in today’s call as below: Applicant Terms and Conditions https://docs.google.com/document/d/1LyeCn0QHyFu8cvmAuZ8_sUUIuGMzeh8XyaLMhDI… Reserved Names https://docs.google.com/document/d/1h4aqPkeTg0-8tMatrEHFMMZsaZNC6qfTR04uDuQ… And feel free to edit and add any comments/feedbacks. regards, Michael Flemming Sophia Feng 原始邮件发件人:Sophia Fengfengshuo(a)zdns.cn 收件人:gnso-newgtld-wg-wt2gnso-newgtld-wg-wt2@icann.org 抄送:Michael Flemmingflemming(a)brightsconsulting.com 发送时间:2018年1月17日(周三) 11:36 主题:Updated：[Gnso-newgtld-wg-wt2] Agenda for WT2 Call at 3 UTC on 18th Jan 2018 Hi All, Apology for the confusion on the meeting time, the next all for WT2 will be held at 3 UTC on 18th Jan 2018. best regards, Sophia 原始邮件发件人:Sophia Fengfengshuo(a)zdns.cn 收件人:gnso-newgtld-wg-wt2gnso-newgtld-wg-wt2@icann.org 抄送:Michael Flemmingflemming(a)brightsconsulting.com 发送时间:2018年1月16日(周二) 18:20 主题:[Gnso-newgtld-wg-wt2] Agenda for WT2 Call at 21 UTC on 18th Jan 2018 Dear All, Please note the agenda for the upcoming meeting of WT2 at 21 UTC on 18th Jan 2018. Welcome SOI Updates Proposals on High Level Agreements and further deliberations Reserved NamesApplicant Terms and Conditions AOB Looking forwards to discussing with you. best regards, Michael Flemming Sophia Feng

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Recordings, attendance & AC Chat for New gTLD Subsequent Procedures Sub Team-Track 2-Legal/Regulatory Issues call on Thursday, 18 January 2018 at 03:00 UTC
by Julie Bisland Jan. 18, 2018

Jan. 18, 2018

Dear All, Please find the attendance, Adobe Connect Chat and recording of the call attached to this email, and the AC recording below for the New gTLD Subsequent Procedures Sub Team - Track 2 - Legal/Regulatory Issues call held on Thursday, 18 January 2018 at 03:00 UTC. Adobe Connect recording (audio and visual): https://participate.icann.org/p3pznizwspt/<https://participate.icann.org/p3pznizwspt/?OWASP_CSRFTOKEN=0255f127d1fb0f9f…> The recordings of the calls are posted on the GNSO Master Calendar page: http://gnso.icann.org/en/group-activities/calendar ** Please let me know if your name has been left off the list ** Mailing list archives: http://mm.icann.org/pipermail/gnso-newgtld-wg-wt2 Agenda Wiki page: https://community.icann.org/x/WB1yB Thank you. Kind regards, Julie Julie Bisland GNSO SO/AC Support coordinator Internet Corporation for Assigned Names and Numbers (ICANN) Email: julie.bisland(a)icann.org<mailto:julie.bisland@icann.org> Skype ID: 79613b691cb8a6c1 Find out more about the GNSO by taking our interactive courses</learn.icann.org/courses/gnso> and visiting the GNSO Newcomer pages<https://gnso.icann.org/sites/gnso.icann.org/files/gnso/presentations/policy…>

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Updated： Agenda for WT2 Call at 3 UTC on 18th Jan 2018
by Sophia Feng Jan. 17, 2018

Jan. 17, 2018

Hi All, Apology for the confusion on the meeting time, the next all for WT2 will be held at 3 UTC on 18th Jan 2018. best regards, Sophia 原始邮件发件人:Sophia Fengfengshuo(a)zdns.cn 收件人:gnso-newgtld-wg-wt2gnso-newgtld-wg-wt2@icann.org 抄送:Michael Flemmingflemming(a)brightsconsulting.com 发送时间:2018年1月16日(周二) 18:20 主题:[Gnso-newgtld-wg-wt2] Agenda for WT2 Call at 21 UTC on 18th Jan 2018 Dear All, Please note the agenda for the upcoming meeting of WT2 at 21 UTC on 18th Jan 2018. Welcome SOI Updates Proposals on High Level Agreements and further deliberations Reserved NamesApplicant Terms and Conditions AOB Looking forwards to discussing with you. best regards, Michael Flemming Sophia Feng

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Agenda for WT2 Call at 21 UTC on 18th Jan 2018
by Sophia Feng Jan. 16, 2018

Jan. 16, 2018

Dear All, Please note the agenda for the upcoming meeting of WT2 at 21 UTC on 18th Jan 2018. Welcome SOI Updates Proposals on High Level Agreements and further deliberations Reserved NamesApplicant Terms and Conditions AOB Looking forwards to discussing with you. best regards, Michael Flemming Sophia Feng

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