My Package 6 Sheet is attached.  I also support the language change shown in Susan’s edits to the summary of Board action on Closed Generic applications in the 2012 round. 

 

On the topic of continuing WG discussion of policy as to Closed Generics as raised by Paul, I still think this WG should adopt the following framework:

In the event Closed Generic applications are received, then ICANN should allow applicants to

(1) make an application change to non-exclusive access,

(2) maintain & defer until policy on Closed Generics is finalized, or

(3) withdraw the application with full refund

 

Perhaps we can discuss this proposal further after public comment on the draft Final Report is received. There appears to be fervent demand on the part of some applicants to press the case for Closed Generics in the next round.  I don’t believe the Board is going to want to make policy on this issue.  (GNSO normally objects to the Board making policy.)  Yes, there is standing GAC Consensus Advice stating that any Closed Generic should serve a public interest goal.   However, clearly an applicant can take the position that the Board cannot reject the application and is bound to delegate it if the public interest case is alleged.  In fact, we have draft language in the Final Report saying the Board must accept an application unless the terms of the AGB or the ByLaws prohibit it.  In this regard, we  have not seen the appropriate revisions yet on the topic of the Board’s exercise of its fiduciary duty.  That revised language would be very important on this topic and I would have to reserve this point until I see that revised language.

 

Furthermore, based on the current majority opinion in the draft Final Report prohibiting applications for the same string where a prior application is “not withdrawn”,  any string applied for as a Closed Generic will block any subsequent application for the same string as an “open generic TLD” and that also seems like an undesirable result that may not be in the public interest.

 

Anne

 

 

 

Please find attached my issues sheet on package 6. 

 

 

 

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/1Hh8Wj3IwXvi91Am1k4Zoooct2zmPOmVe1pLmjQLuQuo/edit?usp=sharing [docs.google.com]

 

·         2.2.4 Different TLD Types (last discussed on 23 Apr)

·         2.2.8 Conflicts of Interest (this is new section, but the recommendation contained in it was discussed on 9 Apr under topic Objections)

·         2.6.1 Application Queuing (last discussed on 8 Jun)

·         2.7.3 Closed Generics (last discussed on 14 May)

·         2.8.1 Objections (last discussed on 9 Apr)

·         2.9.1 Community Applications (last discussed on 8 Jun)

 

 

2. 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.

 

3. Deadline for comments is Tuesday 30 June at 23:59 UTC

 

4. Comments will be tracked here:  https://community.icann.org/x/JDKJBw.

 

Kind regards,

Emily

 

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