Proposed agenda - New gTLD Subsequent Procedures PDP WG - 12 June 2018 at 03:00 UTC
Dear WG Members, Below, please find the proposed agenda for the New gTLD Subsequent Procedures WG meeting scheduled for 12 June 2018 at 03:00 UTC, for 90 minutes. Agenda Review Roll Call/SOIs Review of the Initial Report (continued). * The purpose of this review is to ensure that preliminary outcomes and deliberations are accurately captured and written in an understandable manner. The WG Co-Chairs have sought to make clear that this exercise is not intended to re-open substantive discussions, which is better served by the submission of public comments and subsequently when reviewing public comments received. Please submit your comments about these sections to the Working Group mailing list (gnso-newgtld-wg@icann.org) in advance of the meeting. Continue and Complete Section 1.7 (Name Collisions) Begin Review of Section 1.3 (Competition, Consumer Trust and Consumer Choice; Global Public Interest; Applicant Freedom of Expression; Universal Acceptance) Time Permitting, Begin Review of Section 1.8 (Objections; Accountability Mechanisms) AOB For Item 3, the relevant documents are attached. As a reminder, please note that a resource page has been set up on the Wiki to track the distribution of Initial Report sections, which you can find here: https://community.icann.org/x/NwUhB. As you can see in the link, the following sections have been released: 1.2: Overarching Issues 1.3: Foundational Issues 1.4: Pre-Launch Activities 1.5: Application Submission 1.6: Application Processing 1.7: Application Evaluation/Criteria 1.8: Dispute Proceedings 1.10: Contracting 1.11: Pre-Delegation 1.12: Post-Delegation Those signed up as Members to this PDP WG should have received meeting information from the SOAC Support team. If you did not receive these participation details or if you would like to send your apologies, please contact the SOAC Support team (gnso-secs@icann.org). Best, Steve Steven Chan Policy Director, GNSO Support ICANN 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094-2536 steve.chan@icann.org mobile: +1.310.339.4410 office tel: +1.310.301.5800 office fax: +1.310.823.8649 Find out more about the GNSO by taking our interactive courses and visiting the GNSO Newcomer pages. Follow @GNSO on Twitter: https://twitter.com/ICANN_GNSO Follow the GNSO on Facebook: https://www.facebook.com/icanngnso/ http://gnso.icann.org/en/
Good evening: With a view to our call tomorrow morning, please find below, as requested, my summary comments on '1.3 Foundational Issues'. Any further written comments on sections 1.7 and 1.8 will have to await after tomorrow's call. Regards Christopher Wilkinson -------------------- Section 1.3 – A few quick comments: 1. Competition …As I have pointed out before, it is most difficult to have a serious discussion without the CCT-RT Report. Meanwhile, there are strong indications that the 2012 Round contributed to concentration in the DNS markets: - Registry Service Providers: only a few major providers. Some of which are themselves Registries or Registrars, leading to risks of conflict of interest. - Certain Registrars accumulating very large portfolios of Registries; an anomaly arising from the flawed implementation of vertical integration. 2. Global Public Interest:(a) We need more clarity as to the UDHR limitations to freedom of speech as against claims elsewhewre that there are freedom of speech rights for 'applicants'. The most important freedoms of speech - at least in the context of Geographical Names – is the freedom of speech of Registrants. I do not understand the scope and objectives of the eventual freedom of speech of Registries. (b) First bullet: The original purpose of vertical integration was to permit new Registries to register names directly, at lease before reaching a certain threshold. Today, new Registries could reasonably anticipate anti-competitive bnehaviour by accredited Registrares who are their natural competitors. (c) Mandatory PICs: Those imposed by ICANN on the basis of community and GAC advice to the Board. Voluntary PICS: Those proposed by the applicant who shall then be obliged contractually to respect them permanently (subject perhaps to a contractual revision procedure.) ICANN supervision of contractual compliance, including transparency, becomes important in this context. Sensitive Strings associated with GAC Category 1 Safeguard Advice: Just to note that the third bullet is internally inconsistent. If the PICs have effectively prevented abusive behavior, it follows that there will not be data to demonstrate that effect. So the mandatory PIC will have done its job! 3. Applicant Freedom of Expression:(b) There needs to be a balance between the freedom of Expression of the Registrants and that of the Registry. (a) the jurisdiction of the incorporation of the Registry should be transparent for purposes of tax and other requirements (b) At least for Geo-Names, the jurisdiction of incorporation of the Registry must be the same as the territory or community relating to that Geo-Name. There cannot be a distinction between the jurisdiction of the territory and the jurisdiction of the Registry. Christopher Wilkinson 11 June 2018. El 9 de junio de 2018 a las 0:09 Steve Chan <steve.chan@icann.org> escribió: Dear WG Members, Below, please find the proposed agenda for the New gTLD Subsequent Procedures WG meeting scheduled for 12 June 2018 at 03:00 UTC, for 90 minutes. 1. Agenda Review 2. Roll Call/SOIs 3. Review of the Initial Report (continued). * The purpose of this review is to ensure that preliminary outcomes and deliberations are accurately captured and written in an understandable manner. The WG Co-Chairs have sought to make clear that this exercise is not intended to re-open substantive discussions, which is better served by the submission of public comments and subsequently when reviewing public comments received. Please submit your comments about these sections to the Working Group mailing list (gnso-newgtld-wg@icann.org mailto:gnso-newgtld-wg@icann.org ) in advance of the meeting. 1. Continue and Complete Section 1.7 (Name Collisions) 2. Begin Review of Section 1.3 (Competition, Consumer Trust and Consumer Choice; Global Public Interest; Applicant Freedom of Expression; Universal Acceptance) 3. Time Permitting, Begin Review of Section 1.8 (Objections; Accountability Mechanisms) 4. AOB For Item 3, the relevant documents are attached. As a reminder, please note that a resource page has been set up on the Wiki to track the distribution of Initial Report sections, which you can find here: https://community.icann.org/x/NwUhB https://community.icann.org/x/NwUhB . As you can see in the link, the following sections have been released: 1.2: Overarching Issues 1.3: Foundational Issues 1.4: Pre-Launch Activities 1.5: Application Submission 1.6: Application Processing 1.7: Application Evaluation/Criteria 1.8: Dispute Proceedings 1.10: Contracting 1.11: Pre-Delegation 1.12: Post-Delegation Those signed up as Members to this PDP WG should have received meeting information from the SOAC Support team. If you did not receive these participation details or if you would like to send your apologies, please contact the SOAC Support team (gnso-secs@icann.org mailto:gnso-secs@icann.org ). Best, Steve Steven Chan Policy Director, GNSO Support ICANN 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094-2536 steve.chan@icann.org mailto:steve.chan@icann.org mobile: +1.310.339.4410 office tel: +1.310.301.5800 office fax: +1.310.823.8649 Find out more about the GNSO by taking our interactive courses and visiting the GNSO Newcomer pages http://gnso.icann.org/sites/gnso.icann.org/files/gnso/presentations/policy-e... . Follow @GNSO on Twitter: https://twitter.com/ICANN_GNSO https://twitter.com/ICANN_GNSO Follow the GNSO on Facebook: https://www.facebook.com/icanngnso/ https://www.facebook.com/icanngnso/ http://gnso.icann.org/en/ http://gnso.icann.org/en/
_______________________________________________ Gnso-newgtld-wg mailing list Gnso-newgtld-wg@icann.org https://mm.icann.org/mailman/listinfo/gnso-newgtld-wg
Regarding Section 1.3.2(b) of Foundational Issues, the following draft from the Initial Report seems a bit biased to me, especially as to the paraphrasing of the GAC Advice in the highlighted language: In October 2012, the Governmental Advisory Committee (GAC) provided advice to the ICANN Board of Directors of ICANN that it should come up with a mechanism to incorporate certain commitments, business plans, registration restrictions, additional rights protection mechanisms and other objectives in the Base Registry Agreement such that they could be overseen by ICANN’s compliance department. In response to the GAC, the New gTLD Program Committee of the Board proposed a new Specification 11 to the Base Registry Agreement to transform application statements into binding contractual commitments, I believe the focus of the GAC Advice was consumer protection - not approval of business plans and adding RPMs as stated in the draft. The actual GAC Advice with respect to Category 1 Safeguards was as follows: [cid:image001.png@01D4019D.A6D66A30] Anne E. Aikman-Scalese Of Counsel 520.629.4428 office 520.879.4725 fax AAikman@lrrc.com<mailto:AAikman@lrrc.com> _____________________________ [cid:image004.png@01D4019D.A7137330] Lewis Roca Rothgerber Christie LLP One South Church Avenue, Suite 2000 Tucson, Arizona 85701-1611 lrrc.com<http://lrrc.com/> From: Gnso-newgtld-wg [mailto:gnso-newgtld-wg-bounces@icann.org] On Behalf Of Steve Chan Sent: Friday, June 08, 2018 3:10 PM To: gnso-newgtld-wg@icann.org Subject: [Gnso-newgtld-wg] Proposed agenda - New gTLD Subsequent Procedures PDP WG - 12 June 2018 at 03:00 UTC Dear WG Members, Below, please find the proposed agenda for the New gTLD Subsequent Procedures WG meeting scheduled for 12 June 2018 at 03:00 UTC, for 90 minutes. 1. Agenda Review 2. Roll Call/SOIs 3. Review of the Initial Report (continued). * The purpose of this review is to ensure that preliminary outcomes and deliberations are accurately captured and written in an understandable manner. The WG Co-Chairs have sought to make clear that this exercise is not intended to re-open substantive discussions, which is better served by the submission of public comments and subsequently when reviewing public comments received. Please submit your comments about these sections to the Working Group mailing list (gnso-newgtld-wg@icann.org<mailto:gnso-newgtld-wg@icann.org>) in advance of the meeting. * Continue and Complete Section 1.7 (Name Collisions) * Begin Review of Section 1.3 (Competition, Consumer Trust and Consumer Choice; Global Public Interest; Applicant Freedom of Expression; Universal Acceptance) * Time Permitting, Begin Review of Section 1.8 (Objections; Accountability Mechanisms) 4. AOB For Item 3, the relevant documents are attached. As a reminder, please note that a resource page has been set up on the Wiki to track the distribution of Initial Report sections, which you can find here: https://community.icann.org/x/NwUhB. As you can see in the link, the following sections have been released: 1.2: Overarching Issues 1.3: Foundational Issues 1.4: Pre-Launch Activities 1.5: Application Submission 1.6: Application Processing 1.7: Application Evaluation/Criteria 1.8: Dispute Proceedings 1.10: Contracting 1.11: Pre-Delegation 1.12: Post-Delegation Those signed up as Members to this PDP WG should have received meeting information from the SOAC Support team. If you did not receive these participation details or if you would like to send your apologies, please contact the SOAC Support team (gnso-secs@icann.org<mailto:gnso-secs@icann.org>). Best, Steve Steven Chan Policy Director, GNSO Support ICANN 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094-2536 steve.chan@icann.org<mailto:steve.chan@icann.org> mobile: +1.310.339.4410 office tel: +1.310.301.5800 office fax: +1.310.823.8649 Find out more about the GNSO by taking our interactive courses<applewebdata://310CAD3E-E244-4690-A938-C2655DD44BDE/learn.icann.org/courses/gnso> and visiting the GNSO Newcomer pages<http://gnso.icann.org/sites/gnso.icann.org/files/gnso/presentations/policy-e...>. Follow @GNSO on Twitter: https://twitter.com/ICANN_GNSO Follow the GNSO on Facebook: https://www.facebook.com/icanngnso/ http://gnso.icann.org/en/ ________________________________ 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.
Anne, That language comes directly from Specification 11 of the registry agreements, which reads: "Registry Operator will operate the registry for the TLD in compliance with all commitments, statements of intent and business plans stated in the following sections of Registry Operator’s application to ICANN for the TLD, which commitments, statements of intent and business plans are hereby incorporated by reference into this Agreement." Spec 11 was added to address GAC Advice, but I get your point that it's uncertain whether those specific provisions were added because of GAC positions, because of other stakeholders, or by ICANN's own creativity. My recollection, not backed by transcripts though, is that this topic was first raised by CSG constituencies, but later mentioned in GAC sessions. So while I do not see a bias, attribution chain is indeed not that solid. Rubens
On 11 Jun 2018, at 20:02, Aikman-Scalese, Anne <AAikman@lrrc.com> wrote:
Regarding Section 1.3.2(b) of Foundational Issues, the following draft from the Initial Report seems a bit biased to me, especially as to the paraphrasing of the GAC Advice in the highlighted language:
In October 2012, the Governmental Advisory Committee (GAC) provided advice to the ICANN Board of Directors of ICANN that it should come up with a mechanism to incorporate certain commitments, business plans, registration restrictions, additional rights protection mechanisms and other objectives in the Base Registry Agreement such that they could be overseen by ICANN’s compliance department. In response to the GAC, the New gTLD Program Committee of the Board proposed a new Specification 11 to the Base Registry Agreement to transform application statements into binding contractual commitments,
I believe the focus of the GAC Advice was consumer protection - not approval of business plans and adding RPMs as stated in the draft. The actual GAC Advice with respect to Category 1 Safeguards was as follows:
<image001.png>
Anne E. Aikman-Scalese Of Counsel 520.629.4428 office 520.879.4725 fax AAikman@lrrc.com _____________________________ <image004.png> Lewis Roca Rothgerber Christie LLP One South Church Avenue, Suite 2000 Tucson, Arizona 85701-1611 lrrc.com
From: Gnso-newgtld-wg [mailto:gnso-newgtld-wg-bounces@icann.org] On Behalf Of Steve Chan Sent: Friday, June 08, 2018 3:10 PM To: gnso-newgtld-wg@icann.org Subject: [Gnso-newgtld-wg] Proposed agenda - New gTLD Subsequent Procedures PDP WG - 12 June 2018 at 03:00 UTC
Dear WG Members,
Below, please find the proposed agenda for the New gTLD Subsequent Procedures WG meeting scheduled for 12 June 2018 at 03:00 UTC, for 90 minutes.
• Agenda Review • Roll Call/SOIs • Review of the Initial Report (continued). * The purpose of this review is to ensure that preliminary outcomes and deliberations are accurately captured and written in an understandable manner. The WG Co-Chairs have sought to make clear that this exercise is not intended to re-open substantive discussions, which is better served by the submission of public comments and subsequently when reviewing public comments received. Please submit your comments about these sections to the Working Group mailing list (gnso-newgtld-wg@icann.org) in advance of the meeting. • Continue and Complete Section 1.7 (Name Collisions) • Begin Review of Section 1.3 (Competition, Consumer Trust and Consumer Choice; Global Public Interest; Applicant Freedom of Expression; Universal Acceptance) • Time Permitting, Begin Review of Section 1.8 (Objections; Accountability Mechanisms) • AOB
For Item 3, the relevant documents are attached. As a reminder, please note that a resource page has been set up on the Wiki to track the distribution of Initial Report sections, which you can find here: https://community.icann.org/x/NwUhB. As you can see in the link, the following sections have been released:
1.2: Overarching Issues 1.3: Foundational Issues 1.4: Pre-Launch Activities 1.5: Application Submission 1.6: Application Processing 1.7: Application Evaluation/Criteria 1.8: Dispute Proceedings 1.10: Contracting 1.11: Pre-Delegation 1.12: Post-Delegation
Those signed up as Members to this PDP WG should have received meeting information from the SOAC Support team. If you did not receive these participation details or if you would like to send your apologies, please contact the SOAC Support team (gnso-secs@icann.org).
Best, Steve
Steven Chan Policy Director, GNSO Support
ICANN 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094-2536 steve.chan@icann.org mobile: +1.310.339.4410 office tel: +1.310.301.5800 office fax: +1.310.823.8649
Find out more about the GNSO by taking our interactive courses and visiting the GNSO Newcomer pages.
Follow @GNSO on Twitter: https://twitter.com/ICANN_GNSO Follow the GNSO on Facebook: https://www.facebook.com/icanngnso/ http://gnso.icann.org/en/
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
Thank you Rubens. The ICANN language says the TLD will operate the registry in accordance with its own commitments, statements of intent and business plans as expressed in the application. The language of the Initial Report would have to be modified to be accurate since it says that the GAC advised ICANN to come up with "a mechanism to incorporate" these elements. That would obviously be beyond ICANN's mission and the draft misstates the GAC Advice. Suggest the following modification: In October 2012, the Governmental Advisory Committee (GAC) provided
advice to the ICANN Board of Directors of ICANN that it should come up
with a mechanism to require an applicant to incorporate into its registry agreements by reference certain commitments, business plans,
registration restrictions, additional rights protection mechanisms and
other objectives specified in the application as filed such that these commitments could
be overseen by ICANN’s compliance department.
Anne E. Aikman-Scalese Of Counsel 520.629.4428 office 520.879.4725 fax AAikman@lrrc.com _____________________________ Lewis Roca Rothgerber Christie LLP One South Church Avenue, Suite 2000 Tucson, Arizona 85701-1611 lrrc.com -----Original Message----- From: Rubens Kuhl [mailto:rubensk@nic.br] Sent: Monday, June 11, 2018 4:35 PM To: Aikman-Scalese, Anne Cc: Steve Chan; gnso-newgtld-wg@icann.org Subject: Re: [Gnso-newgtld-wg] Proposed agenda - New gTLD Subsequent Procedures PDP WG - 12 June 2018 at 03:00 UTC Anne, That language comes directly from Specification 11 of the registry agreements, which reads: "Registry Operator will operate the registry for the TLD in compliance with all commitments, statements of intent and business plans stated in the following sections of Registry Operator’s application to ICANN for the TLD, which commitments, statements of intent and business plans are hereby incorporated by reference into this Agreement." Spec 11 was added to address GAC Advice, but I get your point that it's uncertain whether those specific provisions were added because of GAC positions, because of other stakeholders, or by ICANN's own creativity. My recollection, not backed by transcripts though, is that this topic was first raised by CSG constituencies, but later mentioned in GAC sessions. So while I do not see a bias, attribution chain is indeed not that solid. Rubens
On 11 Jun 2018, at 20:02, Aikman-Scalese, Anne <AAikman@lrrc.com<mailto:AAikman@lrrc.com>> wrote:
Regarding Section 1.3.2(b) of Foundational Issues, the following draft from the Initial Report seems a bit biased to me, especially as to the paraphrasing of the GAC Advice in the highlighted language:
In October 2012, the Governmental Advisory Committee (GAC) provided
advice to the ICANN Board of Directors of ICANN that it should come up
with a mechanism to incorporate certain commitments, business plans,
registration restrictions, additional rights protection mechanisms and
other objectives in the Base Registry Agreement such that they could
be overseen by ICANN’s compliance department. In response to the GAC,
the New gTLD Program Committee of the Board proposed a new
Specification 11 to the Base Registry Agreement to transform
application statements into binding contractual commitments,
I believe the focus of the GAC Advice was consumer protection - not approval of business plans and adding RPMs as stated in the draft. The actual GAC Advice with respect to Category 1 Safeguards was as follows:
<image001.png>
Anne E. Aikman-Scalese
Of Counsel
520.629.4428 office
520.879.4725 fax
AAikman@lrrc.com<mailto:AAikman@lrrc.com>
_____________________________
<image004.png>
Lewis Roca Rothgerber Christie LLP
One South Church Avenue, Suite 2000
Tucson, Arizona 85701-1611
lrrc.com
From: Gnso-newgtld-wg [mailto:gnso-newgtld-wg-bounces@icann.org] On
Behalf Of Steve Chan
Sent: Friday, June 08, 2018 3:10 PM
To: gnso-newgtld-wg@icann.org<mailto:gnso-newgtld-wg@icann.org>
Subject: [Gnso-newgtld-wg] Proposed agenda - New gTLD Subsequent
Procedures PDP WG - 12 June 2018 at 03:00 UTC
Dear WG Members,
Below, please find the proposed agenda for the New gTLD Subsequent Procedures WG meeting scheduled for 12 June 2018 at 03:00 UTC, for 90 minutes.
• Agenda Review
• Roll Call/SOIs
• Review of the Initial Report (continued). * The purpose of this review is to ensure that preliminary outcomes and deliberations are accurately captured and written in an understandable manner. The WG Co-Chairs have sought to make clear that this exercise is not intended to re-open substantive discussions, which is better served by the submission of public comments and subsequently when reviewing public comments received. Please submit your comments about these sections to the Working Group mailing list (gnso-newgtld-wg@icann.org<mailto:gnso-newgtld-wg@icann.org>) in advance of the meeting.
• Continue and Complete Section 1.7 (Name Collisions)
• Begin Review of Section 1.3 (Competition, Consumer Trust and Consumer Choice; Global Public Interest; Applicant Freedom of Expression; Universal Acceptance)
• Time Permitting, Begin Review of Section 1.8 (Objections; Accountability Mechanisms)
• AOB
For Item 3, the relevant documents are attached. As a reminder, please note that a resource page has been set up on the Wiki to track the distribution of Initial Report sections, which you can find here: https://community.icann.org/x/NwUhB. As you can see in the link, the following sections have been released:
1.2: Overarching Issues
1.3: Foundational Issues
1.4: Pre-Launch Activities
1.5: Application Submission
1.6: Application Processing
1.7: Application Evaluation/Criteria
1.8: Dispute Proceedings
1.10: Contracting
1.11: Pre-Delegation
1.12: Post-Delegation
Those signed up as Members to this PDP WG should have received meeting information from the SOAC Support team. If you did not receive these participation details or if you would like to send your apologies, please contact the SOAC Support team (gnso-secs@icann.org<mailto:gnso-secs@icann.org>).
Best,
Steve
Steven Chan
Policy Director, GNSO Support
ICANN
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094-2536
steve.chan@icann.org<mailto:steve.chan@icann.org>
mobile: +1.310.339.4410
office tel: +1.310.301.5800
office fax: +1.310.823.8649
Find out more about the GNSO by taking our interactive courses and visiting the GNSO Newcomer pages.
Follow @GNSO on Twitter: https://twitter.com/ICANN_GNSO Follow the
GNSO on Facebook: https://www.facebook.com/icanngnso/
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<mailto:Gnso-newgtld-wg@icann.org>
________________________________ 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.
Regarding 1.3.Foundational Issues, it should be noted that the principle cited relates to APPLICANT freedom of expression. Therefore, there are references in the draft that need to be corrected to delete “dispute resolution ” and substitute the language shown below. Although the new Human Rights By-Law could affect the implementation as to dispute resolution providers, that ByLaw is not yet active and depends on Accountability work and subsequent policy work that flows from Work Stream 2, including the Human Rights Framework of Interpretation. 1. What are the preliminary recommendations and/or implementation guidelines? Work Track 3 discussed the protection of an Applicant’s Freedom of Expression rights and how to ensure that evaluators and Objection Panels (delete dispute resolution as this term means UDRP and URS) providers performed their roles in such a manner so as to protect these fundamental rights. The Work Track generally believes that the implementation guidelines should be clarified to ensure that dispute resolution panelists and evaluators are aware that freedom of expression rights are considered throughout the evaluation and any applicable Objection and auction (DELETE dispute resolution as this term generally means UDRP and URS) processes as well as any Requests for Reconsideration and/or Independent Review Panel proceedings . To do this, each policy principle should not be evaluated in isolation from the other policy principles, but rather should involve a balancing of legitimate interests where approved policy goals are not completely congruent or otherwise seem in conflict. Applicant freedom of expression is an important policy goal in the new gTLD process and should be fully implemented in accordance with the applicant’s freedom of expression rights that exist under law. Anne E. Aikman-Scalese Of Counsel 520.629.4428 office 520.879.4725 fax AAikman@lrrc.com<mailto:AAikman@lrrc.com> _____________________________ [cid:image002.png@01D401A1.BF35BF00] Lewis Roca Rothgerber Christie LLP One South Church Avenue, Suite 2000 Tucson, Arizona 85701-1611 lrrc.com<http://lrrc.com/> From: Gnso-newgtld-wg [mailto:gnso-newgtld-wg-bounces@icann.org] On Behalf Of Steve Chan Sent: Friday, June 08, 2018 3:10 PM To: gnso-newgtld-wg@icann.org Subject: [Gnso-newgtld-wg] Proposed agenda - New gTLD Subsequent Procedures PDP WG - 12 June 2018 at 03:00 UTC Dear WG Members, Below, please find the proposed agenda for the New gTLD Subsequent Procedures WG meeting scheduled for 12 June 2018 at 03:00 UTC, for 90 minutes. 1. Agenda Review 2. Roll Call/SOIs 3. Review of the Initial Report (continued). * The purpose of this review is to ensure that preliminary outcomes and deliberations are accurately captured and written in an understandable manner. The WG Co-Chairs have sought to make clear that this exercise is not intended to re-open substantive discussions, which is better served by the submission of public comments and subsequently when reviewing public comments received. Please submit your comments about these sections to the Working Group mailing list (gnso-newgtld-wg@icann.org<mailto:gnso-newgtld-wg@icann.org>) in advance of the meeting. * Continue and Complete Section 1.7 (Name Collisions) * Begin Review of Section 1.3 (Competition, Consumer Trust and Consumer Choice; Global Public Interest; Applicant Freedom of Expression; Universal Acceptance) * Time Permitting, Begin Review of Section 1.8 (Objections; Accountability Mechanisms) 4. AOB For Item 3, the relevant documents are attached. As a reminder, please note that a resource page has been set up on the Wiki to track the distribution of Initial Report sections, which you can find here: https://community.icann.org/x/NwUhB. As you can see in the link, the following sections have been released: 1.2: Overarching Issues 1.3: Foundational Issues 1.4: Pre-Launch Activities 1.5: Application Submission 1.6: Application Processing 1.7: Application Evaluation/Criteria 1.8: Dispute Proceedings 1.10: Contracting 1.11: Pre-Delegation 1.12: Post-Delegation Those signed up as Members to this PDP WG should have received meeting information from the SOAC Support team. If you did not receive these participation details or if you would like to send your apologies, please contact the SOAC Support team (gnso-secs@icann.org<mailto:gnso-secs@icann.org>). Best, Steve Steven Chan Policy Director, GNSO Support ICANN 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094-2536 steve.chan@icann.org<mailto:steve.chan@icann.org> mobile: +1.310.339.4410 office tel: +1.310.301.5800 office fax: +1.310.823.8649 Find out more about the GNSO by taking our interactive courses<applewebdata://310CAD3E-E244-4690-A938-C2655DD44BDE/learn.icann.org/courses/gnso> and visiting the GNSO Newcomer pages<http://gnso.icann.org/sites/gnso.icann.org/files/gnso/presentations/policy-e...>. Follow @GNSO on Twitter: https://twitter.com/ICANN_GNSO Follow the GNSO on Facebook: https://www.facebook.com/icanngnso/ http://gnso.icann.org/en/ ________________________________ This message and any attachments are intended only for the use of the individual or entity to which they are addressed. 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Thanks Anne. Upon first glance I think this is right. We are not talking about URS and UDRP, but rather objections, etc. But I also want to defer to Karen / Robin (co-leads for Work Track 3) to keep us honest. Jeffrey J. Neuman Senior Vice President |Valideus USA | Com Laude USA 1751 Pinnacle Drive, Suite 600 Mclean, VA 22102, United States E: jeff.neuman@valideus.com<mailto:jeff.neuman@valideus.com> or jeff.neuman@comlaude.com<mailto:jeff.neuman@comlaude.com> T: +1.703.635.7514 M: +1.202.549.5079 @Jintlaw From: Gnso-newgtld-wg <gnso-newgtld-wg-bounces@icann.org> On Behalf Of Aikman-Scalese, Anne Sent: Monday, June 11, 2018 7:32 PM To: 'Steve Chan' <steve.chan@icann.org>; gnso-newgtld-wg@icann.org Subject: Re: [Gnso-newgtld-wg] Proposed agenda - New gTLD Subsequent Procedures PDP WG - 12 June 2018 at 03:00 UTC Regarding 1.3.Foundational Issues, it should be noted that the principle cited relates to APPLICANT freedom of expression. Therefore, there are references in the draft that need to be corrected to delete “dispute resolution ” and substitute the language shown below. Although the new Human Rights By-Law could affect the implementation as to dispute resolution providers, that ByLaw is not yet active and depends on Accountability work and subsequent policy work that flows from Work Stream 2, including the Human Rights Framework of Interpretation. 1. What are the preliminary recommendations and/or implementation guidelines? Work Track 3 discussed the protection of an Applicant’s Freedom of Expression rights and how to ensure that evaluators and Objection Panels (delete dispute resolution as this term means UDRP and URS) providers performed their roles in such a manner so as to protect these fundamental rights. The Work Track generally believes that the implementation guidelines should be clarified to ensure that dispute resolution panelists and evaluators are aware that freedom of expression rights are considered throughout the evaluation and any applicable Objection and auction (DELETE dispute resolution as this term generally means UDRP and URS) processes as well as any Requests for Reconsideration and/or Independent Review Panel proceedings . To do this, each policy principle should not be evaluated in isolation from the other policy principles, but rather should involve a balancing of legitimate interests where approved policy goals are not completely congruent or otherwise seem in conflict. Applicant freedom of expression is an important policy goal in the new gTLD process and should be fully implemented in accordance with the applicant’s freedom of expression rights that exist under law. Anne E. Aikman-Scalese Of Counsel 520.629.4428 office 520.879.4725 fax AAikman@lrrc.com<mailto:AAikman@lrrc.com> _____________________________ [cid:image001.png@01D401CB.1BE183A0] Lewis Roca Rothgerber Christie LLP One South Church Avenue, Suite 2000 Tucson, Arizona 85701-1611 lrrc.com<http://lrrc.com/> From: Gnso-newgtld-wg [mailto:gnso-newgtld-wg-bounces@icann.org] On Behalf Of Steve Chan Sent: Friday, June 08, 2018 3:10 PM To: gnso-newgtld-wg@icann.org<mailto:gnso-newgtld-wg@icann.org> Subject: [Gnso-newgtld-wg] Proposed agenda - New gTLD Subsequent Procedures PDP WG - 12 June 2018 at 03:00 UTC Dear WG Members, Below, please find the proposed agenda for the New gTLD Subsequent Procedures WG meeting scheduled for 12 June 2018 at 03:00 UTC, for 90 minutes. 1. Agenda Review 2. Roll Call/SOIs 3. Review of the Initial Report (continued). * The purpose of this review is to ensure that preliminary outcomes and deliberations are accurately captured and written in an understandable manner. The WG Co-Chairs have sought to make clear that this exercise is not intended to re-open substantive discussions, which is better served by the submission of public comments and subsequently when reviewing public comments received. Please submit your comments about these sections to the Working Group mailing list (gnso-newgtld-wg@icann.org<mailto:gnso-newgtld-wg@icann.org>) in advance of the meeting. * Continue and Complete Section 1.7 (Name Collisions) * Begin Review of Section 1.3 (Competition, Consumer Trust and Consumer Choice; Global Public Interest; Applicant Freedom of Expression; Universal Acceptance) * Time Permitting, Begin Review of Section 1.8 (Objections; Accountability Mechanisms) 4. AOB For Item 3, the relevant documents are attached. As a reminder, please note that a resource page has been set up on the Wiki to track the distribution of Initial Report sections, which you can find here: https://community.icann.org/x/NwUhB. As you can see in the link, the following sections have been released: 1.2: Overarching Issues 1.3: Foundational Issues 1.4: Pre-Launch Activities 1.5: Application Submission 1.6: Application Processing 1.7: Application Evaluation/Criteria 1.8: Dispute Proceedings 1.10: Contracting 1.11: Pre-Delegation 1.12: Post-Delegation Those signed up as Members to this PDP WG should have received meeting information from the SOAC Support team. If you did not receive these participation details or if you would like to send your apologies, please contact the SOAC Support team (gnso-secs@icann.org<mailto:gnso-secs@icann.org>). Best, Steve Steven Chan Policy Director, GNSO Support ICANN 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094-2536 steve.chan@icann.org<mailto:steve.chan@icann.org> mobile: +1.310.339.4410 office tel: +1.310.301.5800 office fax: +1.310.823.8649 Find out more about the GNSO by taking our interactive courses<applewebdata://310CAD3E-E244-4690-A938-C2655DD44BDE/learn.icann.org/courses/gnso> and visiting the GNSO Newcomer pages<http://gnso.icann.org/sites/gnso.icann.org/files/gnso/presentations/policy-e...>. Follow @GNSO on Twitter: https://twitter.com/ICANN_GNSO Follow the GNSO on Facebook: https://www.facebook.com/icanngnso/ http://gnso.icann.org/en/ ________________________________ 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.
Thanks Jeff. I am pretty sure they will confirm . I participated actively in Work Track 3 discussions. Anne Anne E. Aikman-Scalese Of Counsel 520.629.4428 office 520.879.4725 fax AAikman@lrrc.com<mailto:AAikman@lrrc.com> _____________________________ [cid:image001.png@01D401B2.1981CB10] Lewis Roca Rothgerber Christie LLP One South Church Avenue, Suite 2000 Tucson, Arizona 85701-1611 lrrc.com<http://lrrc.com/> From: Jeff Neuman [mailto:jeff.neuman@comlaude.com] Sent: Monday, June 11, 2018 6:28 PM To: Aikman-Scalese, Anne; 'Steve Chan'; gnso-newgtld-wg@icann.org Subject: RE: [Gnso-newgtld-wg] Proposed agenda - New gTLD Subsequent Procedures PDP WG - 12 June 2018 at 03:00 UTC Thanks Anne. Upon first glance I think this is right. We are not talking about URS and UDRP, but rather objections, etc. But I also want to defer to Karen / Robin (co-leads for Work Track 3) to keep us honest. Jeffrey J. Neuman Senior Vice President |Valideus USA | Com Laude USA 1751 Pinnacle Drive, Suite 600 Mclean, VA 22102, United States E: jeff.neuman@valideus.com<mailto:jeff.neuman@valideus.com> or jeff.neuman@comlaude.com<mailto:jeff.neuman@comlaude.com> T: +1.703.635.7514 M: +1.202.549.5079 @Jintlaw From: Gnso-newgtld-wg <gnso-newgtld-wg-bounces@icann.org<mailto:gnso-newgtld-wg-bounces@icann.org>> On Behalf Of Aikman-Scalese, Anne Sent: Monday, June 11, 2018 7:32 PM To: 'Steve Chan' <steve.chan@icann.org<mailto:steve.chan@icann.org>>; gnso-newgtld-wg@icann.org<mailto:gnso-newgtld-wg@icann.org> Subject: Re: [Gnso-newgtld-wg] Proposed agenda - New gTLD Subsequent Procedures PDP WG - 12 June 2018 at 03:00 UTC Regarding 1.3.Foundational Issues, it should be noted that the principle cited relates to APPLICANT freedom of expression. Therefore, there are references in the draft that need to be corrected to delete “dispute resolution ” and substitute the language shown below. Although the new Human Rights By-Law could affect the implementation as to dispute resolution providers, that ByLaw is not yet active and depends on Accountability work and subsequent policy work that flows from Work Stream 2, including the Human Rights Framework of Interpretation. 1. What are the preliminary recommendations and/or implementation guidelines? Work Track 3 discussed the protection of an Applicant’s Freedom of Expression rights and how to ensure that evaluators and Objection Panels (delete dispute resolution as this term means UDRP and URS) providers performed their roles in such a manner so as to protect these fundamental rights. The Work Track generally believes that the implementation guidelines should be clarified to ensure that dispute resolution panelists and evaluators are aware that freedom of expression rights are considered throughout the evaluation and any applicable Objection and auction (DELETE dispute resolution as this term generally means UDRP and URS) processes as well as any Requests for Reconsideration and/or Independent Review Panel proceedings . To do this, each policy principle should not be evaluated in isolation from the other policy principles, but rather should involve a balancing of legitimate interests where approved policy goals are not completely congruent or otherwise seem in conflict. Applicant freedom of expression is an important policy goal in the new gTLD process and should be fully implemented in accordance with the applicant’s freedom of expression rights that exist under law. Anne E. Aikman-Scalese Of Counsel 520.629.4428 office 520.879.4725 fax AAikman@lrrc.com<mailto:AAikman@lrrc.com> _____________________________ [cid:image004.png@01D401B2.19564E40] Lewis Roca Rothgerber Christie LLP One South Church Avenue, Suite 2000 Tucson, Arizona 85701-1611 lrrc.com<http://lrrc.com/> From: Gnso-newgtld-wg [mailto:gnso-newgtld-wg-bounces@icann.org] On Behalf Of Steve Chan Sent: Friday, June 08, 2018 3:10 PM To: gnso-newgtld-wg@icann.org<mailto:gnso-newgtld-wg@icann.org> Subject: [Gnso-newgtld-wg] Proposed agenda - New gTLD Subsequent Procedures PDP WG - 12 June 2018 at 03:00 UTC Dear WG Members, Below, please find the proposed agenda for the New gTLD Subsequent Procedures WG meeting scheduled for 12 June 2018 at 03:00 UTC, for 90 minutes. 1. Agenda Review 2. Roll Call/SOIs 3. Review of the Initial Report (continued). * The purpose of this review is to ensure that preliminary outcomes and deliberations are accurately captured and written in an understandable manner. The WG Co-Chairs have sought to make clear that this exercise is not intended to re-open substantive discussions, which is better served by the submission of public comments and subsequently when reviewing public comments received. Please submit your comments about these sections to the Working Group mailing list (gnso-newgtld-wg@icann.org<mailto:gnso-newgtld-wg@icann.org>) in advance of the meeting. * Continue and Complete Section 1.7 (Name Collisions) * Begin Review of Section 1.3 (Competition, Consumer Trust and Consumer Choice; Global Public Interest; Applicant Freedom of Expression; Universal Acceptance) * Time Permitting, Begin Review of Section 1.8 (Objections; Accountability Mechanisms) 4. AOB For Item 3, the relevant documents are attached. As a reminder, please note that a resource page has been set up on the Wiki to track the distribution of Initial Report sections, which you can find here: https://community.icann.org/x/NwUhB. As you can see in the link, the following sections have been released: 1.2: Overarching Issues 1.3: Foundational Issues 1.4: Pre-Launch Activities 1.5: Application Submission 1.6: Application Processing 1.7: Application Evaluation/Criteria 1.8: Dispute Proceedings 1.10: Contracting 1.11: Pre-Delegation 1.12: Post-Delegation Those signed up as Members to this PDP WG should have received meeting information from the SOAC Support team. If you did not receive these participation details or if you would like to send your apologies, please contact the SOAC Support team (gnso-secs@icann.org<mailto:gnso-secs@icann.org>). Best, Steve Steven Chan Policy Director, GNSO Support ICANN 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094-2536 steve.chan@icann.org<mailto:steve.chan@icann.org> mobile: +1.310.339.4410 office tel: +1.310.301.5800 office fax: +1.310.823.8649 Find out more about the GNSO by taking our interactive courses<applewebdata://310CAD3E-E244-4690-A938-C2655DD44BDE/learn.icann.org/courses/gnso> and visiting the GNSO Newcomer pages<http://gnso.icann.org/sites/gnso.icann.org/files/gnso/presentations/policy-e...>. Follow @GNSO on Twitter: https://twitter.com/ICANN_GNSO Follow the GNSO on Facebook: https://www.facebook.com/icanngnso/ http://gnso.icann.org/en/ ________________________________ 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. ________________________________ 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.
participants (5)
-
Aikman-Scalese, Anne -
Jeff Neuman -
lists＠christopherwilkinson.eu Wilkinson -
Rubens Kuhl -
Steve Chan