July 2020 - Gnso-newgtld-wg

Post Call | New gTLD Subsequent Procedures Working Group | Thursday, 02 July 2020 at 03:00 UTC
by Julie Bisland July 2, 2020

July 2, 2020

Dear all, All recordings for the New gTLD Subsequent Procedures Working Group call held on Thursday, 02 July 2020 at 03:00 UTC can be found on the agenda wiki page <https://community.icann.org/x/jwBcC> (attendance included) and the GNSO Master calendar <https://urldefense.proofpoint.com/v2/url?u=http-3A__gnso.icann.org_en_group…> . These include: * Attendance (please let me know if your name has been left off the attendance list) * Audio recording * Zoom chat archive * Zoom recording (including audio, visual, rough transcript) * Transcript As a reminder only members can join the call, observers can listen to the recordings and read the transcript afterwards. Please email gnso-secs(a)icann.org<mailto:gnso-secs@icann.org> if you would like to change your status from observer to member. For additional information, you may consult the mailing list archives <http://mm.icann.org/pipermail/gnso-newgtld-wg/> and the main wiki page<https://community.icann.org/x/RgV1Aw>. Thank you. Kind regards Julie

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Compromise proposal on Auctions
by Jim Prendergast July 2, 2020

July 2, 2020

In the interest of compromise and in hopes of not reverting to the 2012 rules and thereby ignoring the Board’s request that we make a recommendation on this issue, please consider this proposal to allow contention resolution via creative means as well as auctions, with guardrails and tweaks made to the well-received hybrid proposal. It is a blend of many of the compromise solutions proposed. It also accommodates those who do not want ICANN to end up with all auction proceeds but at the same time minimizes the entire pool of money committed, thereby not disadvantaging single applicants. Objective: Increase transparency and accountability in contention resolution to improve the perception of ICANN and the new gTLD program. Proposed process: * String Similarity evaluation completed * On Reveal Day, all contention sets are announced (number and entities are revealed) * A 90-day Resolution Period begins * Members of a contention set may * Form a JV * Withdraw * Find a creative private resolution * Fail to resolve * Members of a contention set may NOT * Participate in a private auction or auction like mechanism. * No later than the close of the 90-day Resolution Period, remaining contention sets will be required to provide ICANN with their decision on how to resolve the contention. They will have decided to: * Agree to create a partnership or other form of joint venture that would allow two or more applicants within a contention set to jointly run and/or operate the applied for string. Application Change Request requirements will apply, including public comment period. * Agree to participate in a sealed bid “3rd Party Auction” which is overseen by ICANN. Proceeds are distributed amongst the losing applicants in the contention set. * Agree to participate in an ICANN Auction of Last Resort using the sealed bids. Proceeds go to ICANN Auctions Proceeds fund. * Auctions of Last Resort and 3rd Party Auctions will take place immediately after the 90 day Private Resolution Period * For 3rd Party Auctions * All auctions are conducted as sealed bids by the same auction provider ICANN chooses for Last Resort auctions. The applicant that submitted the highest sealed bid amount pays the second-highest bid amount. The auction provider must attest that the participants fully disclosed all information and followed the rules before the funds are released to the losers. * All bids for all unresolved contention sets are due on the same date, no more than 30 days after reveal of contention sets/into the resolution period. Auctions for contention sets involving objections, CPE or other outstanding accountability challenges may be delayed but bids are still due no more than 30 days after reveal of contention sets/into the resolution period. * All auctions are to be conducted in an identical fashion using publicly available procedures. * All auctions should be finalized as quickly as possible after the 90 day deadline. * All results are disclosed on a similar timeline as ICANN auctions of last resort from 2012 round, which was usually 72 hours. All parties partaking in the auction as well as winning bidder and amount paid are disclosed. * Auctions of Last Resort * All bids for all unresolved contention sets are due on the same date, no more than 30 days after reveal of contention sets/into the resolution period. Auctions for contention sets involving objections, CPE or other outstanding accountability challenges may be delayed but bids are still due no more than 30 days after reveal of contention sets/into the resolution period. * On the auction date, the applicant that submitted the highest sealed bid amount pays the second-highest bid amount. * Once payment is received, the applicant may proceed to evaluation and eventually the Transition to Delegation. * In the unlikely event that a winning bidder in either auction format does not pass evaluation (none failed in 2012), the next highest bidder is selected for evaluation. Requirements: * Add T&Cs warning applicants that they may not participate in any of the following activities (Prohibited Application Activities): * They shall not submit applications largely for the purpose of financially benefiting from the resolution of contention sets * During the 90-day Resolution Period, they will not participate in the resolution of contention sets where non-winning applicants receive financial benefit to withdraw. * The Registry Agreement must include a mandatory Public Interest Commitment stating that the registry: * has not submitted applications for the purpose of financially benefiting from the resolution of contention sets. * has not participated in an auction or auction like mechanisms outside of the ICANN 3rd party and ICANN Auction of Last Resort. * agrees to punitive measures for violations listed above, which may include the potential loss of the registry as well as a bar on participation in any future rounds (both for the individuals as well as the entities (and their affiliates) involved. * The auction provider must agree to fully disclose all information about the auctions * The auction provider must assert that all rules were followed before releasing auction funds * All contention set resolutions including creative resolutions, 3rd Party Auction and ICANN Auctions of last resort must be submitted by ICANN to relevant competition authorities for review. Benefits: Full transparency, ICANN oversight and competition authority review mitigate community concerns about nefarious activity. Unlike the 2012 round, access to data from this point forward can inform future policy making efforts in the program. Private auctions are eliminated but applicants can still receive proceeds from a 3rd Party Auction if all applicants in a contention set agree. Sealed bids tend to result in lower auction prices so decreased auctions proceeds to ICANN fund. Speeds up the process allowing more applicants to withdraw applications prior to evaluations resulting in greater refund amounts and faster processing of remaining applications. Jim Prendergast The Galway Strategy Group +1 202-285-3699 From: Gnso-newgtld-wg <gnso-newgtld-wg-bounces(a)icann.org> On Behalf Of Steve Chan Sent: Tuesday, June 30, 2020 8:44 PM To: gnso-newgtld-wg(a)icann.org Subject: [Gnso-newgtld-wg] Proposed Agenda - New gTLD Subsequent Procedures PDP WG - Thursday, 02 July at 03:00 UTC for 90 Minutes Dear WG Members, Please find below the proposed agenda for the WG meeting on Thursday, 02 July 2020 at 03:00 UTC for 90 minutes. Proposed Agenda: 1. Review Agenda/Updates to Statements of Interest 2. Complete review of "Can't Live With" comments on Work Track 5 – see attached document. 3. Continue to review Private Resolutions: Hybrid Proposal 2+ and Proposal 4: https://docs.google.com/document/d/1X8F8zHkgMzQg2WqGHpuoEP78rhpDkFOjD2qKrZZ… 4. Review the updated Predictability Framework, see: https://docs.google.com/document/d/1vBckhFQCCQ-zyvfGGcDB3NWQhodVsffdqbyb6kT…. Also attached, please find the updated concerns/mitigation document and process flow. 5. AOB If you need a dial out or would like to submit an apology, please email gnso-secs(a)icann.org<mailto:gnso-secs@icann.org>. Best, Steve Steven Chan  Policy Director, GNSO Support Internet Corporation for Assigned Names and Numbers (ICANN) 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094-2536  Email: steve.chan(a)icann.org<mailto:steve.chan@icann.org> Skype: steve.chan55 Mobile: +1.310.339.4410 Find out more about the GNSO by visiting: https://learn.icann.org/<https://urldefense.proofpoint.com/v2/url?u=https-3A__learn.icann.org_&d=DwM…> Follow @GNSO on Twitter: https://twitter.com/ICANN_GNSO<https://urldefense.proofpoint.com/v2/url?u=https-3A__twitter.com_ICANN-5FGN…> Transcripts and recordings of GNSO Working Group and Council events are located on the GNSO Master Calendar <https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_en_grou…>

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Deadline 30 June - Comments on Revised Draft Recommendations - Package 6
by Emily Barabas July 1, 2020

July 1, 2020

Dear all, The leadership team is releasing the sixth set of revised draft recommendations for your review. 1. There are 6 topics in package 6 here, beginning on page 117: https://docs.google.com/document/d/1Hh8Wj3IwXvi91Am1k4Zoooct2zmPOmVe1pLmjQL… [docs.google.com]<https://urldefense.proofpoint.com/v2/url?u=https-3A__docs.google.com_docume…> · 2.2.4 Different TLD Types (last discussed on 23 Apr<https://community.icann.org/display/NGSPP/2020-04-23+New+gTLD+Subsequent+Pr…>) · 2.2.8 Conflicts of Interest (this is new section, but the recommendation contained in it was discussed on 9 Apr<https://community.icann.org/display/NGSPP/2020-04-09+New+gTLD+Subsequent+Pr…> under topic Objections) · 2.6.1 Application Queuing (last discussed on 8 Jun<https://community.icann.org/display/NGSPP/2020-06-08+New+gTLD+Subsequent+Pr…>) · 2.7.3 Closed Generics (last discussed on 14 May<https://community.icann.org/display/NGSPP/2020-05-14+New+gTLD+Subsequent+Pr…>) · 2.8.1 Objections (last discussed on 9 Apr<https://community.icann.org/display/NGSPP/2020-04-09+New+gTLD+Subsequent+Pr…>) · 2.9.1 Community Applications (last discussed on 8 Jun<https://community.icann.org/display/NGSPP/2020-06-08+New+gTLD+Subsequent+Pr…>) 1. Please limit comments to items in the revised sections that you absolutely “cannot live with.” If there is text that you cannot accept, please fill out the attached form and send it to the WG by email. Please do not provide your input in any other format. 1. Deadline for comments is Tuesday 30 June at 23:59 UTC 1. Comments will be tracked here: https://community.icann.org/x/JDKJBw. Kind regards, Emily

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Re: [Gnso-newgtld-wg] Switching Roles
by Martin Sutton July 1, 2020

July 1, 2020

Thank you Jeff for wanting to see this through, I fully support. And good luck with your new venture. Best wishes, Martin Sent from my iPhone On 1 Jul 2020, at 07:23, Annebeth Lange <lange.annebeth(a)gmail.com> wrote: Dear Jeff I cannot imagine anyone doing the job in SubPro together with Cheryl as good as you. I do hope that you continue to the end of this marathon. It is a pleasure working with you. I wish you luck in your new career! All the best Annebeth 30. jun. 2020 kl. 23:53 skrev Marc Trachtenberg via Gnso-newgtld-wg <gnso-newgtld-wg(a)icann.org>: I support as well. Marc H. Trachtenberg Shareholder Greenberg Traurig, LLP | 77 West Wacker Drive | Suite 3100 | Chicago, IL 60601 Tel 312.456.1020 Mobile 773.677.3305 trac(a)gtlaw.com<mailto:trac@gtlaw.com> | www.gtlaw.com<http://www.gtlaw.com/> <image001.jpg> From: Gnso-newgtld-wg [mailto:gnso-newgtld-wg-bounces@icann.org] On Behalf Of McGrady, Paul D. Sent: Tuesday, June 30, 2020 4:46 PM To: Jeff Neuman <jeff.neuman(a)comlaude.com>; gnso-newgtld-wg(a)icann.org Subject: Re: [Gnso-newgtld-wg] Switching Roles *EXTERNAL TO GT* I support Jeff staying on as co-chair. I hope everyone else will too. Best, Paul To receive regular COVID-19 updates from Taft, subscribe here<https://urldefense.com/v3/__https:/www.taftlaw.com/general/subscribe__;!!DU…>. For additional resources, visit Taft's COVID-19 Resource Toolkit<https://urldefense.com/v3/__https:/www.taftlaw.com/general/coronavirus-covi…>. This message may contain information that is attorney-client privileged, attorney work product or otherwise confidential. If you are not an intended recipient, use and disclosure of this message are prohibited. If you received this transmission in error, please notify the sender by reply e-mail and delete the message and any attachments. From: Gnso-newgtld-wg <gnso-newgtld-wg-bounces(a)icann.org<mailto:gnso-newgtld-wg-bounces@icann.org>> On Behalf Of Jeff Neuman Sent: Tuesday, June 30, 2020 4:38 PM To: gnso-newgtld-wg(a)icann.org<mailto:gnso-newgtld-wg@icann.org> Subject: [Gnso-newgtld-wg] Switching Roles All, I just wanted to let everyone know that today is my last day of full time employment with Com Laude / Valideus. I am launching my own consulting company called “JJN Solutions, LLC”. Though I am leaving Com Laude officially, they will be my first client and I will be helping them with some of their clients and on some policy-related services. I will be filing a Statement of Interest change shortly, but I wanted to let everyone know. My new e-mail address is Jeff(a)JJNSolutions.com<mailto:Jeff@JJNSolutions.com> although for a transition period I will still have some access to my comlaude.com e-mail as well. I would love to continue on as one of the Co-Chairs of this group until its conclusion if there are no objections to my continuing to do so. I will let the GNSO Council know as well in case they have any concerns. Sincerely, Jeffrey J. Neuman Founder & CEO JJN Solutions, LLC Jeff(a)JJNSolutions.com<mailto:Jeff@JJNSolutions.com> +1.202.549.5079 P.S. – I tried sending this with the jjnsolutions.com domain name and for some reason it was not able to go through. So, I am sending it from my Com Laude address until my JJNSOlutions one is recognized. ________________________________ The contents of this email and any attachments are confidential to the intended recipient. They may not be disclosed, used by or copied in any way by anyone other than the intended recipient. If you have received this message in error, please return it to the sender (deleting the body of the email and attachments in your reply) and immediately and permanently delete it. Please note that the Com Laude Group does not accept any responsibility for viruses and it is your responsibility to scan or otherwise check this email and any attachments. The Com Laude Group does not accept liability for statements which are clearly the sender's own and not made on behalf of the group or one of its member entities. The Com Laude Group includes Nom-IQ Limited t/a Com Laude, a company registered in England and Wales with company number 5047655 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England; Valideus Limited, a company registered in England and Wales with company number 06181291 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England; Demys Limited, a company registered in Scotland with company number SC197176, having its registered office at 33 Melville Street, Edinburgh, Lothian, EH3 7JF Scotland; Consonum, Inc. dba Com Laude USA and Valideus USA, headquartered at 1751 Pinnacle Drive, Suite 600, McLean, VA 22102, USA; Com Laude (Japan) Corporation, a company registered in Japan having its registered office at Suite 319,1-3-21 Shinkawa, Chuo-ku, Tokyo, 104-0033, Japan. For further information see www.comlaude.com<https://urldefense.com/v3/__https:/comlaude.com__;!!DUT_TFPxUQ!TKKCaKnDGhQt…> ________________________________ If you are not an intended recipient of confidential and privileged information in this email, please delete it, notify us immediately at postmaster(a)gtlaw.com, and do not use or disseminate the information. _______________________________________________ Gnso-newgtld-wg mailing list Gnso-newgtld-wg(a)icann.org https://mm.icann.org/mailman/listinfo/gnso-newgtld-wg _______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and the website Terms of Service (https://www.icann.org/privacy/tos) You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on. _______________________________________________ Gnso-newgtld-wg mailing list Gnso-newgtld-wg(a)icann.org https://mm.icann.org/mailman/listinfo/gnso-newgtld-wg _______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and the website Terms of Service (https://www.icann.org/privacy/tos) You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on.

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Change of Roles
by Jeff Neuman July 1, 2020

July 1, 2020

All, I just wanted to let everyone know that today is my last day of full time employment with Com Laude / Valideus. I am launching my own consulting company called "JJN Solutions, LLC". Though I am leaving Com Laude officially, they will be my first client and I will be helping them with some of their clients and on some policy-related services. I will be filing a Statement of Interest change shortly, but I wanted to let everyone know. My new e-mail address is Jeff(a)JJNSolutions.com<mailto:Jeff@JJNSolutions.com> although for a transition period I will still have some access to my comlaude.com e-mail as well. I would love to continue on as one of the Co-Chairs of this group until its conclusion if there are no objections to my continuing to do so. I will let the GNSO Council know as well in case they have any concerns. Sincerely, Jeffrey J. Neuman Founder & CEO JJN Solutions, LLC Jeff(a)JJNSolutions.com<mailto:Jeff@JJNSolutions.com> +1.202.549.5079

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Jeff & Cheryl- an urgent reply would be appreciated / RE: Package 6
by McGrady, Paul D. July 1, 2020

July 1, 2020

Hi Jeff and Cheryl, Your urgent reply on this question would be appreciated. How are we supposed to do this “can’t live with exercise” when this is a live topic? To the extent that you do not remove so-called “closed generics” from Package 6, please take this as my notice that I cannot live with that section as written. And, I believe I am not alone. Can you please respond and let us know if you are leaving it in Package 6? The clock you guys wound up is ticking. Thanks! Best, Paul From: McGrady, Paul D. <PMcGrady(a)taftlaw.com> Sent: Monday, June 29, 2020 4:41 PM To: Jeff Neuman <jeff.neuman(a)comlaude.com>; Cheryl Langdon-Orr <langdonorr(a)gmail.com> Cc: gnso-newgtld-wg(a)icann.org Subject: Package 6 Hi Jeff & Cheryl, I was under the impression that we were going to discuss Closed Generics again, but I see it is Package 6. Is Closed Generics not on the agenda for upcoming calls? If it is, how can we be doing the so-called “Can’t live with” exercise when the topic isn’t closed on the calls? Also, I see that the text indicates that the WG agrees the Board instituted a ban on them in the last round. That is not what the Board resolution says – and in fact there was much discussion on the calls and chat about how “ban” does not apply. There were three options: (1) make a change to non-exclusive access, (2) maintain & defer to the next round, or (3) withdraw. Is there a way to make that section reflect the actual facts before we have to undertake the so-called “can’t live with” exercise? The way it is written now essentially takes the starting position of the part of the WG that wants to censor closed generics and implies everyone agrees with it. That isn’t the case. Best, Paul Taft / Paul D. McGrady / Partner Taft Stettinius & Hollister LLP 111 E. Wacker Drive, Suite 2800 Chicago, Illinois 60601-3713 Tel: 312.527.4000 • Fax: 312.754.2354 Direct: 312.836.4094 • Cell: 312.882.5020 www.taftlaw.com<http://www.taftlaw.com> / PMcGrady(a)taftlaw.com<mailto:PMcGrady@taftlaw.com> [https://dg01.redatatech.com/onprem_image_fetch?cid=1016&ep=747d8606d89086fa…] Taft Bio<http://www.taftlaw.com/bio/PMcGrady@taftlaw.com> [V-Card Icon] Taft vCard<http://www.taftlaw.com/vcard/PMcGrady@taftlaw.com> Subscribe to our law updates<http://taftlaw.com/news/subscribe> To receive regular COVID-19 updates from Taft, subscribe here<https://www.taftlaw.com/general/subscribe>. For additional resources, visit Taft's COVID-19 Resource Toolkit<https://www.taftlaw.com/general/coronavirus-covid-19-resource-toolkit>. This message may contain information that is attorney-client privileged, attorney work product or otherwise confidential. If you are not an intended recipient, use and disclosure of this message are prohibited. If you received this transmission in error, please notify the sender by reply e-mail and delete the message and any attachments.

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Proposed Agenda - New gTLD Subsequent Procedures PDP WG - Thursday, 02 July at 03:00 UTC for 90 Minutes
by Steve Chan July 1, 2020

July 1, 2020

Dear WG Members, Please find below the proposed agenda for the WG meeting on Thursday, 02 July 2020 at 03:00 UTC for 90 minutes. Proposed Agenda: Review Agenda/Updates to Statements of Interest Complete review of "Can't Live With" comments on Work Track 5 – see attached document. Continue to review Private Resolutions: Hybrid Proposal 2+ and Proposal 4: https://docs.google.com/document/d/1X8F8zHkgMzQg2WqGHpuoEP78rhpDkFOjD2qKrZZ… Review the updated Predictability Framework, see: https://docs.google.com/document/d/1vBckhFQCCQ-zyvfGGcDB3NWQhodVsffdqbyb6kT…. Also attached, please find the updated concerns/mitigation document and process flow. AOB If you need a dial out or would like to submit an apology, please email gnso-secs(a)icann.org. Best, Steve Steven Chan  Policy Director, GNSO Support Internet Corporation for Assigned Names and Numbers (ICANN) 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094-2536  Email: steve.chan(a)icann.org Skype: steve.chan55 Mobile: +1.310.339.4410 Find out more about the GNSO by visiting: https://learn.icann.org/ Follow @GNSO on Twitter: https://twitter.com/ICANN_GNSO Transcripts and recordings of GNSO Working Group and Council events are located on the GNSO Master Calendar

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