- Gnso-newgtld-wg - lists.icann.org

Re: [Gnso-newgtld-wg] Comment on "The Case for Delegating Closed Generics"
by Alexander Schubert Sept. 16, 2020

Sept. 16, 2020

Hi Mark,The original text from the board resolution seems to be:"..... the NGPC requests that the GNSO specifically include the issue of exclusive registry access for generic strings serving a public interest goal as part of the policy work it is planning to initiate on subsequent rounds of the New gTLD Program, and inform the Board on a regular basis with regards to the progress on the issue."It's not a request for consideration. The portion "for generic strings serving a public interest goal" has not sprung from the fantasy of the board; it's enshrined in the new gTLD program goals.So how does the terminology "consider" fit in here? It's a clear request by that board. At least that is how I read it.Thanks,AlexanderSent from my Samsung device -------- Original message -------- From: Marc Trachtenberg via Gnso-newgtld-wg <gnso-newgtld-wg(a)icann.org> Date: 9/16/20 21:35 (GMT+02:00) To: alan.greenberg(a)mcgill.ca, gnso-newgtld-wg(a)icann.org Subject: Re: [Gnso-newgtld-wg] Comment on "The Case for Delegating Closed Generics" Alan, In the section you cited below, the Board directed the GNSO to specifically consider the issue exclusive registry access for generic strings serving a public interest goal. Which is exactly what we have been doing in the many discussion on the topic of closed generics. The Board did not direct the GNSO to come to the conclusion that exclusive registry access for generic strings can only exist if it serves a public interest goal. Rather, the Board directed the GNSO to specifically consider this issue because the GAC advised that generic strings can only exist if they serve a public interest goal. This is because the Board must consider GAC advice, but not necessarily follow it. Accordingly, if the WG made a recommendation that closed generics should be allowed without a public interest requirement this would be aligned with the Board’s instructions to the GNSO, so long as the issue of whether or not the public interest goal should be required was discussed – which it clearly was (and is). Best regards, 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 | www.gtlaw.com From: Gnso-newgtld-wg [mailto:gnso-newgtld-wg-bounces@icann.org] On Behalf Of Alan Greenberg Sent: Wednesday, September 16, 2020 1:20 PM To: New gTLD SubPro <gnso-newgtld-wg(a)icann.org> Subject: [Gnso-newgtld-wg] Comment on "The Case for Delegating Closed Generics" *EXTERNAL TO GT* While preparing a presentation for At-Large on Closed Generics, I noted something that I think needs to be considered going forward. In the Pritz, Trachtenberg and Rodenbaugh proposal "The Case for Delegating Closed Generics" advocating the unrestricted delegation of closed generics, the following statement is made in relation to the Board action in response to GAC Advice: The Board consequently decided to halt the processing of applications for ?closed generics? for the current round, and sought additional policy recommendations from the GNSO on how closed generics should be treated in subsequent rounds. That is not accurate as a critical part of the Board resolution is omitted. The exact wording was: NGPC requests that the GNSO specifically include the issue of exclusive registry access for generic strings serving a public interest goal as part of the policy work it is planning to initiate on subsequent rounds of the New gTLD Program, and inform the Board on a regular basis with regards to the progress on the issue. The key missing phrase is that the GNSO Council was instructed to initiate policy work for exclusive registry access for generic strings SERVING A PUBLIC INTEREST. I understand the authors' belief that a test for the public interest is not possible or practical, but that does not remove the clear requirement in the charge the Board gave to the GNSO Council. Regardless of my personal views on the issue of closed generics, I do not believe that the PDP can or should make a recommendation that is not aligned with the Board's instructions to the GNSO. Alan 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.

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Proposed Agenda - New gTLD Subsequent Procedures PDP WG - Thursday, 17 September at 15:00 UTC for 90 Minutes
by Julie Hedlund Sept. 15, 2020

Sept. 15, 2020

Dear WG Members, Please find below the proposed agenda for the WG meeting on Thursday, 17 September 2020 at 15:00 UTC for 90 minutes. Proposed Agenda: 1. Review Agenda/Updates to Statements of Interest 2. CPE Guidelines and WG Recommendations / Implementation Guidance; see: https://newgtlds.icann.org/en/applicants/cpe/guidelines-27sep13-en.pdf and https://gnso.icann.org/sites/default/files/file/field-file-attach/draft-fin…, Topic 34: Community Applications, page 157; with WG redlines/comments: https://drive.google.com/file/d/1Ih_1NARViJXNNewDg-q87sQzQoC1dCtC/view?usp=…; and the Proposal by At-Large<https://community.icann.org/download/attachments/111390697/01B.%20CPE%20Gui…> 3. Applicant Support (time permitting) * In the context of auctions; see: https://gnso.icann.org/sites/default/files/file/field-file-attach/draft-fin…, Topic 17: Applicant Support, page 67; Topic 35: Auctions: Mechanisms of Last Resort / Private Resolution of Contention Sets, page 167; and * Review as a comprehensive program; see Topic 17: Applicant Support, page 67 4. 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, Julie Julie Hedlund, Policy Director

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**On now** Meeting Invitation | New gTLD Subsequent Procedures Webinar | Monday, 14 September 2020 at 20:00 UTC
by Julie Bisland Sept. 14, 2020

Sept. 14, 2020

**On now** Dear all, The New gTLD Subsequent Procedures Webinar is scheduled on Monday, 14 September 2020 at 20:00 UTC for 90 minutes. Before joining the call: Please be sure you have read the Expected Standards of Behavior [icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_resource…> Visit the Wiki agenda page: https://community.icann.org/x/DwC-C Check your time zone: https://tinyurl.com/y5639mdm [tinyurl.com]<https://urldefense.com/v3/__https:/tinyurl.com/y5639mdm__;!!PtGJab4!tiDRdjU…> Please click the link below to join the webinar: https://icann.zoom.us/j/96228789659?pwd=SUNxZ1dGZGlPaVNHcmRNLzJrVHdQQT09 [icann.zoom.us]<https://urldefense.com/v3/__https:/icann.zoom.us/j/96228789659?pwd=SUNxZ1dG…> Passcode: E91YcT&9X^ Or iPhone one-tap: US: +16699006833,,96228789659#,,,,,,0#,,8883615260# or +13462487799,,96228789659#,,,,,,0#,,8883615260# Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 669 900 6833 or +1 346 248 7799 or +1 253 215 8782 or +1 312 626 6799 or +1 929 436 2866 or +1 301 715 8592 or 888 788 0099 (Toll Free) or 877 853 5247 (Toll Free) Webinar ID: 962 2878 9659 Passcode: 8883615260 International numbers available: https://icann.zoom.us/u/acEBw59hZz [icann.zoom.us]<https://urldefense.com/v3/__https:/icann.zoom.us/u/acEBw59hZz__;!!PtGJab4!t…> Webinar recordings will be published and circulated shortly after the end of the session. Thank you. Kind Regards, Terri

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New gTLD Subsequent Procedures Webinar on the draft Final Report
by Steve Chan Sept. 14, 2020

Sept. 14, 2020

Dear WG Members, As a reminder, there is a webinar on Monday in support of the New gTLD Subsequent Procedures Policy Development Process Working Group’s draft Final Report. The webinar is scheduled for Monday, 14 September 2020 at 20:00 UTC for 90 minutes. Attached, please find the slides that will be used for the webinar. If you have any questions in advance, do not hesitate to ask of course. 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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**REMINDER** Meeting Invitation | New gTLD Subsequent Procedures Webinar | Monday, 14 September 2020 at 20:00 UTC
by Julie Bisland Sept. 11, 2020

Sept. 11, 2020

Dear all, The New gTLD Subsequent Procedures Webinar is scheduled on Monday, 14 September 2020 at 20:00 UTC for 90 minutes. Before joining the call: Please be sure you have read the Expected Standards of Behavior [icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_resource…> Visit the Wiki agenda page: https://community.icann.org/x/DwC-C Check your time zone: https://tinyurl.com/y5639mdm [tinyurl.com]<https://urldefense.com/v3/__https:/tinyurl.com/y5639mdm__;!!PtGJab4!tiDRdjU…> Please click the link below to join the webinar: https://icann.zoom.us/j/96228789659?pwd=SUNxZ1dGZGlPaVNHcmRNLzJrVHdQQT09 [icann.zoom.us]<https://urldefense.com/v3/__https:/icann.zoom.us/j/96228789659?pwd=SUNxZ1dG…> Passcode: E91YcT&9X^ Or iPhone one-tap: US: +16699006833,,96228789659#,,,,,,0#,,8883615260# or +13462487799,,96228789659#,,,,,,0#,,8883615260# Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 669 900 6833 or +1 346 248 7799 or +1 253 215 8782 or +1 312 626 6799 or +1 929 436 2866 or +1 301 715 8592 or 888 788 0099 (Toll Free) or 877 853 5247 (Toll Free) Webinar ID: 962 2878 9659 Passcode: 8883615260 International numbers available: https://icann.zoom.us/u/acEBw59hZz [icann.zoom.us]<https://urldefense.com/v3/__https:/icann.zoom.us/u/acEBw59hZz__;!!PtGJab4!t…> Webinar recordings will be published and circulated shortly after the end of the session. Thank you. Kind Regards, Terri

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Notes and Action Items - New gTLD Subsequent Procedures PDP WG - 10 September at 03:00 UTC
by Julie Hedlund Sept. 10, 2020

Sept. 10, 2020

Dear Working Group members, Please see below the notes from the meeting on 10 September at 03:00 UTC. These high-level notes are designed to help WG members navigate through the content of the call and are not a substitute for the recording, transcript, or the chat, which will be posted at: https://community.icann.org/display/NGSPP/2020-09-10+New+gTLD+Subsequent+Pr…. Kind regards, Julie Notes and Action Items: Actions: ACTION ITEM: Send the SubPro Draft Final Report Webinar slides to the WG by Friday, 11 September. Notes: 1. Updates to Statements of Interest: No updates provided. 2. Update on the Public Comment Forum/Early Feedback (if any) Requests for Extensions: -- Received two requests for extensions of the public comment period for a specific amount of time, due to the length of the draft Final Report. -- Only way to deliver the Final Report according to the timeline is not to formally grant extensions. -- But as we get closer and we see that groups might need an extra day or two we won’t close the comment period immediately. -- Staff is now going to be analyzing and putting together the public comment report by the 21st of October, for the most part during ICANN69. -- Hoping that staff support for the GAC can provide an indication of their positions even if they need more time for their formal response, but the GAC has not requested an extension. Public Comment Input Form: -- Submissions go into a spreadsheet. It is hard to read but it isn’t the final output. Staff will create a Public Comment Review Tool. -- Anyone can submit so some responses are spam – those will be left out of the review. -- Partial submissions will be displayed in the spreadsheet – staff will combine incomplete submissions if they aren’t reflected in the spreadsheet as one entry. -- Urge you to put your responses in the Word version of the Google form and then paste them into the survey all at once – saving the Word document as backup. -- That is how we recommend doing it in the Google form demonstration. -- We aren’t going to use the donut/bagel charts that RPMs used as these can be misleading. -- We also will cover this on the SubPro draft Initial Report Webinar that will be held on Monday, 14 September at 2000 UTC. Spend the bulk of the highlighting 7-8 topics from the draft Final Report. ACTION ITEM: Send the SubPro Draft Final Report Webinar slides to the WG by Friday, 11 September. 3. Closed Generics Proposals: In-Depth Discussion – see: https://community.icann.org/display/NGSPP/Proposals+Included+in+Draft+Final… a. A Proposal for Public Interest Closed Generic gTLDs (PICG TLDs)(submitted by Alan Greenberg, Kathy Kleiman, George Sadowsky, Greg Shatan): Word<https://community.icann.org/download/attachments/144376220/ProposalforPICGn…>, PDF<https://community.icann.org/download/attachments/144376220/ProposalforPICGn…> b. The Case for Delegating Closed Generics (submitted by Kurt Pritz, Marc Trachtenberg, Mike Rodenbaugh): PDF<https://community.icann.org/download/attachments/144376220/ClosedGenerics24…> Discussion: -- Read the proposal as though section 4.2 was not there, or not a focal point. -- Does this include other socially driven mission organizations, or dedicated to the public interest? -- One question that is coming up on the Board a lot is how do we determine public interest? -- This proposal is malleable. In other words, changes can be made that would allow for greater flexibility within the concept of the closed generic or the closed concept. -- For instance, if there are jurisdictions where there functionally isn't really a nonprofit concept or even many or any relevant ideas or INGOs that something else could work or even in places where it does. -- Would hope that we don’t have to get bogged down in defining the public interest. -- Could deal with it by a series of concrete or relatively concrete attributes as opposed to, you know, looking for a unified field theory of the public interest. -- There's no way to define and create standards for what's in the public interest, it's just completely unworkable and having a public interest standard is only going to guarantee that applicants will be arguing about this and battling with I can't for years and suing ICANN. -- We're doing ourselves and the community disservice by recommending anything that can't be implemented because even now, people can't think of what the standards would be. So we can't put it this own panel and some give them some guideposts, that's just not going to work. We have to be realistic here. -- So there’s no basis for a requirement that an applicant be a not-for-profit. And being a not-for-profit doesn’t mean you can’t generate substantial profits. Nor does it guarantee that you will be acting for good. -- There's no evidence whatsoever anywhere that allowing applicants or registries to operate close generics will result in any harm whatsoever. This is 100% speculative. -- We did put some criteria in the proposal about what it means to act in the public interest. -- You aren’t going to make a lot of money getting one of these Closed Generic gTLDs, so it has to be a public interest goal that is served. -- We never let Closed Generics go through so we don’t know what would have happened if we had. -- It may be possible to developed standards for a Public Interest Closed Generic that is more limited in the scope of the definition than the overall definition of Global Public Interest. -- We understand the Board is working on this, that it has to serve the public interest, and looking to the GNSO to define it or define the conditions. See: https://www.icann.org/en/system/files/correspondence/langdon-orr-neuman-to-… -- The Board looks at the public interest as dictated by their Bylaws. -- If you look at Community Applications you have a list of factors and they fly or they don’t. For Closed Generics you could come up with standards and questions to be answered and rates and points that address whether a Closed Generic serves a public interest goal. c. Closed Generics Proposal (submitted by Jeff Neuman in his individual capacity): Word<https://community.icann.org/download/attachments/144376220/Neuman%20Closed%…>, PDF<https://community.icann.org/download/attachments/144376220/Neuman%20Closed%…> (see original email message<https://mm.icann.org/pipermail/gnso-newgtld-wg/2020-August/003328.html>) Discussion: -- Really consideration needs to be given to the end users. -- Have to acknowledge that this will be a subjective determination. -- What this proposal, then does is to say that these are some of the factors that should be looked at by a panel in determining whether it serves a public interest goal, the details. -- Don’t think it’s fair to tell people to expect that it will be subjective and they have to accept that. -- The proposal is saying this was an acknowledgement of a subjective determination that attempts to use this these criteria. -- You can establish a rating system and you can answer questions and the applicant can provide support and logical arguments and I'm really not sure why you would want to characterize the evaluation is subjective. -- It is subjective because it's going to be done by individuals, it's going to be done by people making their best attempt using the guidelines that they're given from the community. -- Why have a different standard for Closed Generics? why should, why should a non-Closed Generic be able to operate in a way that's not in the public interest, give this public interest is so important? 4. AOB: ICANN69 -- We are scheduled to have two back-to-back sessions on the Wednesday of the week for internal meetings (not the plenary week) – 14 October. -- By that time we should have received all of the public comments. -- We are hoping there are certain sections that we can prioritize to have ready for review during the ICANN69 sessions. -- The time zone for the official meeting will be Hamburg.

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Post Call | New gTLD Subsequent Procedures Working Group | Thursday, 10 September 2020 at 03:00 UTC
by Andrea Glandon Sept. 10, 2020

Sept. 10, 2020

Dear all, All recordings for the New gTLD Subsequent Procedures Working Group call held on Thursday, 10 September 2020 at 03:00 UTC can be found on the agenda wiki page <https://community.icann.org/x/igC-C> (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 Andrea

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Proposed Agenda - New gTLD Subsequent Procedures PDP WG - Thursday, 10 September at 03:00 UTC for 90 Minutes
by Julie Hedlund Sept. 9, 2020

Sept. 9, 2020

Dear WG Members, Please find below the proposed agenda for the WG meeting on Thursday, 10 September 2020 at 03:00 UTC for 90 minutes. Proposed Agenda: 1. Review Agenda/Updates to Statements of Interest 2. Update on the Public Comment Forum/Early Feedback (if any) 3. Closed Generics Proposals: In-Depth Discussion – see: * A Proposal for Public Interest Closed Generic gTLDs (PICG TLDs)(submitted by Alan Greenberg, Kathy Kleiman, George Sadowsky, Greg Shatan): Word<https://community.icann.org/download/attachments/144376220/ProposalforPICGn…>, PDF<https://community.icann.org/download/attachments/144376220/ProposalforPICGn…> * The Case for Delegating Closed Generics (submitted by Kurt Pritz, Marc Trachtenberg, Mike Rodenbaugh): PDF<https://community.icann.org/download/attachments/144376220/ClosedGenerics24…> * Closed Generics Proposal (submitted by Jeff Neuman in his individual capacity): Word<https://community.icann.org/download/attachments/144376220/Neuman%20Closed%…>, PDF<https://community.icann.org/download/attachments/144376220/Neuman%20Closed%…> (see original email message<https://mm.icann.org/pipermail/gnso-newgtld-wg/2020-August/003328.html>) 4. 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, Julie Julie Hedlund, Policy Director

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Cancelling this Week's Full Working Group Call
by Jeff Neuman Sept. 4, 2020

Sept. 4, 2020

All, FYI, we are cancelling the Working Group call for September 3, 2020 for a couple of reasons. We had wanted to use this time to do a deeper dive into some of the Closed Generics proposals, but some of proposal proponents were unable to make it. Plus, I know that a number of you are working with your Cs, SGc, ACs, SOs, etc. to prepare comments for the final report. We WILL continue our meetings next week. Sorry for the late notice. Sincerely, Jeff [cid:image001.png@01D68120.65D19960] Jeffrey J. Neuman Founder & CEO JJN Solutions, LLC p: +1.202.549.5079 E: jeff(a)jjnsolutions.com<mailto:jeff@jjnsolutions.com> http://jjnsolutions.com

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Meeting Invitation | New gTLD Subsequent Procedures Webinar | Monday, 14 September 2020 at 20:00 UTC
by Julie Bisland Sept. 3, 2020

Sept. 3, 2020

Please note: The duration has been updated to 90 minutes. Please update your calendars. Dear all, The New gTLD Subsequent Procedures Webinar is scheduled on Monday, 14 September 2020 at 20:00 UTC for 90 minutes. Before joining the call: Please be sure you have read the Expected Standards of Behavior [icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_resource…> Visit the Wiki agenda page: https://community.icann.org/x/DwC-C Check your time zone: https://tinyurl.com/y5639mdm [tinyurl.com]<https://urldefense.com/v3/__https:/tinyurl.com/y5639mdm__;!!PtGJab4!tiDRdjU…> Please click the link below to join the webinar: https://icann.zoom.us/j/96228789659?pwd=SUNxZ1dGZGlPaVNHcmRNLzJrVHdQQT09 [icann.zoom.us]<https://urldefense.com/v3/__https:/icann.zoom.us/j/96228789659?pwd=SUNxZ1dG…> Passcode: E91YcT&9X^ Or iPhone one-tap: US: +16699006833,,96228789659#,,,,,,0#,,8883615260# or +13462487799,,96228789659#,,,,,,0#,,8883615260# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 669 900 6833 or +1 346 248 7799 or +1 253 215 8782 or +1 312 626 6799 or +1 929 436 2866 or +1 301 715 8592 or 888 788 0099 (Toll Free) or 877 853 5247 (Toll Free) Webinar ID: 962 2878 9659 Passcode: 8883615260 International numbers available: https://icann.zoom.us/u/acEBw59hZz [icann.zoom.us]<https://urldefense.com/v3/__https:/icann.zoom.us/u/acEBw59hZz__;!!PtGJab4!t…> Webinar recordings will be published and circulated shortly after the end of the session. Thank you. Kind Regards, Terri

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