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opinion in the draft Final Report prohibiting applications for the same string where a prior application is “not withdrawn”, any string applied for as a Closed Generic will block any subsequent application for the same string as an “open generic TLD” and that also seems like an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 From: Gnso-newgtld-wg <gnso-newgtld-wg-bounces@icann.org> On Behalf Of Susan Payne Sent: Tuesday, June 30, 2020 2:03 PM To: Emily Barabas <emily.barabas@icann.org>; gnso-newgtld-wg@icann.org Subject: Re: [Gnso-newgtld-wg] Deadline 30 June - Comments on Revised Draft Recommendations - Package 6 [EXTERNAL] ________________________________ Please find attached my issues sheet on package 6. Susan Payne Head of Legal Policy Valideus D: +44 (0) 20 7421 8255 E: susan.payne@valideus.com<mailto:susan.payne@valideus.com> From: Gnso-newgtld-wg <gnso-newgtld-wg-bounces@icann.org<mailto:gnso-newgtld-wg-bounces@icann.org>> On Behalf Of Emily Barabas Sent: 19 June 2020 20:14 To: gnso-newgtld-wg@icann.org<mailto:gnso-newgtld-wg@icann.org> Subject: [Gnso-newgtld-wg] Deadline 30 June - Comments on Revised Draft Recommendations - 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/1Hh8Wj3IwXvi91Am1k4Zoooct2zmPOmVe1pLmjQLu... [docs.google.com]<https://urldefense.proofpoint.com/v2/url?u=https-3A__docs.google.com_documen...> · 2.2.4 Different TLD Types (last discussed on 23 Apr<https://community.icann.org/display/NGSPP/2020-04-23+New+gTLD+Subsequent+Pro...>) · 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+Pro...> 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+Pro...>) · 2.7.3 Closed Generics (last discussed on 14 May<https://community.icann.org/display/NGSPP/2020-05-14+New+gTLD+Subsequent+Pro...>) · 2.8.1 Objections (last discussed on 9 Apr<https://community.icann.org/display/NGSPP/2020-04-09+New+gTLD+Subsequent+Pro...>) · 2.9.1 Community Applications (last discussed on 8 Jun<https://community.icann.org/display/NGSPP/2020-06-08+New+gTLD+Subsequent+Pro...>) 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 ________________________________ 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://comlaude.com> ________________________________ This message and any attachments are intended only for the use of the individual or entity to which they are addressed. If the reader of this message or an attachment is not the intended recipient or the employee or agent responsible for delivering the message or attachment to the intended recipient you are hereby notified that any dissemination, distribution or copying of this message or any attachment is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the sender. The information transmitted in this message and any attachments may be privileged, is intended only for the personal and confidential use of the intended recipients, and is covered by the Electronic Communications Privacy Act, 18 U.S.C. §2510-2521.

Attached is my Package 6 Form for consideration. In the form, I have referenced the 2 documents in relation to 'Community Applications': 1. “Revised Community Priority Evaluation Guidelines – A Proposal by At-Large <https://community.icann.org/download/attachments/111390697/01B.%20CPE%20Guidelines%20-%20At-Large%20Proposal%2011.06.2020.pdf?version=1&modificationDate=1592012489000&api=v2>”, which is At-Large’s amendment of the CPE guidelines of 27 Sep 2013, and which could be useful as Implementation Guidance. This version of 11 June may be subject to amendment by At-Large but if that happens, then the updated version would likely be shared vide ALAC’s response to the upcoming public comment process for the Final Report. 2. “At-Large Interventions on Community-based Applications and Community Priority Evaluation <https://community.icann.org/download/attachments/111390697/01C.%20At-Large%20Interventions%20on%20CBA%20%26%20CPE%20as%20at%2011.06.2020.pdf?version=1&modificationDate=1592012475000&api=v2>” which includes, inter alia, *some high level explanation on key amendments to the CPE guidelines of 27 Sep 2013* and some further reforms on the selection of CPE provide/panelists. Thanks, Justine --- On Wed, 1 Jul 2020 at 07:04, Jeff Neuman <jeff@jjnsolutions.com> wrote:

All,

I am submitting these changes to Package 6 to reflect the e-mails back and forth with Paul from earlier today.

Please note as one of the co-chairs I am not advocating for these changes, but I want to make sure they are officially on the record.

Sincerely,

Jeff

*From:* Gnso-newgtld-wg <gnso-newgtld-wg-bounces@icann.org> *On Behalf Of *Aikman-Scalese, Anne *Sent:* Tuesday, June 30, 2020 6:57 PM *To:* Susan Payne <susan.payne@valideus.com>; Emily Barabas < emily.barabas@icann.org>; gnso-newgtld-wg@icann.org *Subject:* Re: [Gnso-newgtld-wg] Deadline 30 June - Comments on Revised Draft Recommendations - Package 6

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

*From:* Gnso-newgtld-wg <gnso-newgtld-wg-bounces@icann.org> *On Behalf Of *Susan Payne *Sent:* Tuesday, June 30, 2020 2:03 PM *To:* Emily Barabas <emily.barabas@icann.org>; gnso-newgtld-wg@icann.org *Subject:* Re: [Gnso-newgtld-wg] Deadline 30 June - Comments on Revised Draft Recommendations - Package 6

*[EXTERNAL]* ------------------------------

Please find attached my issues sheet on package 6.

*Susan Payne *Head of Legal Policy *Valideus* D: +44 (0) 20 7421 8255 E: susan.payne@valideus.com

*From:* Gnso-newgtld-wg <gnso-newgtld-wg-bounces@icann.org> *On Behalf Of *Emily Barabas *Sent:* 19 June 2020 20:14 *To:* gnso-newgtld-wg@icann.org *Subject:* [Gnso-newgtld-wg] Deadline 30 June - Comments on Revised Draft Recommendations - 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/1Hh8Wj3IwXvi91Am1k4Zoooct2zmPOmVe1pLmjQLu... [docs.google.com] <https://urldefense.proofpoint.com/v2/url?u=https-3A__docs.google.com_document_d_1Hh8Wj3IwXvi91Am1k4Zoooct2zmPOmVe1pLmjQLuQuo_edit-3Fusp-3Dsharing&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=UAy6fqdE7uFkRCc7uzN4yui8bwTtqofadZHiQEIO1vw&m=uXGaPUSoFhKWmaFqsQ67trhkTSK9SeAw4GTGqGFtE_M&s=qX4m7Ii-oWrFm5sEB9ubA8stVlLr282zSv9_TKjy4wQ&e=>*

· 2.2.4 Different TLD Types (last discussed on 23 Apr <https://community.icann.org/display/NGSPP/2020-04-23+New+gTLD+Subsequent+Pro...> )

· 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+Pro...> 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+Pro...> )

· 2.7.3 Closed Generics (last discussed on 14 May <https://community.icann.org/display/NGSPP/2020-05-14+New+gTLD+Subsequent+Pro...> )

· 2.8.1 Objections (last discussed on 9 Apr <https://community.icann.org/display/NGSPP/2020-04-09+New+gTLD+Subsequent+Pro...> )

· 2.9.1 Community Applications (last discussed on 8 Jun <https://community.icann.org/display/NGSPP/2020-06-08+New+gTLD+Subsequent+Pro...> )

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

------------------------------

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://comlaude.com>

------------------------------

This message and any attachments are intended only for the use of the individual or entity to which they are addressed. If the reader of this message or an attachment is not the intended recipient or the employee or agent responsible for delivering the message or attachment to the intended recipient you are hereby notified that any dissemination, distribution or copying of this message or any attachment is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the sender. The information transmitted in this message and any attachments may be privileged, is intended only for the personal and confidential use of the intended recipients, and is covered by the Electronic Communications Privacy Act, 18 U.S.C. §2510-2521. _______________________________________________ Gnso-newgtld-wg mailing list Gnso-newgtld-wg@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.