May 2019 - Gnso-rpm-sunrise

Actions: RPM Sunrise Sub Team Meeting 22 May 1800 UTC
by Julie Hedlund May 24, 2019

May 24, 2019

Dear All, Please see below the action items and notes captured by staff from the RPM Sunrise Sub Team meeting held on 22 May 2019 (18:00-19:30 UTC). Staff will post them to the wiki space. Please note that these are high-level notes and are not meant as a substitute for the recording, chat room, or transcript. The recording, AC chat, transcript and attendance records are posted on the wiki at: https://community.icann.org/display/RARPMRIAGPWG/2019-05-22+Sub+Team+for+Su…. Best Regards, Julie Julie Hedlund, Policy Director == ACTION ITEMS 1. Discussion Threads: Staff will: * Keep open to 29 May: * Q3 (including Proposals #10 & #11) * Q4 * Q5(a) * Q6 (including Proposals #2 & #4) * Q8 & Q12 (one combined thread) * Q9 (including Proposal #13) * Q10 * Q11 * Open on 23 May to 29 May: * Preamble Q (including Proposals #1, #3, #8) * Q5(b) (including Proposal #7) 2. Homework: Pending any further suggestions from the Sub Team Co-Chairs, the Sub Team is tasked to: 1. Provide input to Discussion Threads for Agreed Sunrise Preamble Charter Question (including Proposals #1, #3, #8), Q3 (including Proposals #10 & #11), Q4, Q5(a), Q5(b) (including Proposal #7), Q6 (including Proposals #2 & #4), Q8/Q12 (combined), Q9 (including Proposal #13), Q10, and Q11 -- NOTE: Unless the Sub Team Co-Chairs determine otherwise, all these discussion threads will be closed on 23:59 UTC on 29 May 2019 2. Review the staff drafts of the proposed answers and preliminary recommendations for Q1, Q2, Q3, Q4, Q5(a), Q6, and Q7 in the Status Check document, in conjunction with the latest Summary Table (see details in the HOMEWORK email at: https://mm.icann.org/pipermail/gnso-rpm-sunrise/2019-May/000345.html)

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Recordings, attendance & Zoom chat / RPMs Sunrise Data Review Sub Team call / Wednesday, 22 May 2019 18:00 UTC
by Terri Agnew May 23, 2019

May 23, 2019

Dear all, Please find the attendance attached to this email, and links to the audio recording, zoom recording (audio, visual, rough transcript) and chat below for the Review of all Review of all Rights Protection Mechanisms (RPMs) Sunrise Data Review Sub Team call held Wednesday, 22 May 2019 at 18:00 UTC. Attendance and recording of the call is also posted on agenda wiki page: https://community.icann.org/x/A5eGBg Audio Recording: https://audio.icann.org/gnso/gnso-rpm-review-sunrise-registrations-22may19-…<https://urldefense.proofpoint.com/v2/url?u=https-3A__audio.icann.org_gnso_g…> Zoom Recording: https://icann.zoom.us/recording/share/KvfIaiQQizpnMJgTh3kRA_hoEMUi49kv7SfEH… (includes visual and rough transcript. To access the rough transcript, select the Audio Transcript tab) Chat: https://icann.zoom.us/recording/download/pt_oYdOvk-DmFmePK-mmEyDq1Cwb0h4wV6… The recordings and transcriptions of the calls are posted on the GNSO Master Calendar page: https://gnso.icann.org/en/group-activities/calendar/2019 ** Please let me know if your name has been left off the list ** Mailing list archives: http://mm.icann.org/pipermail/gnso-rpm-sunrise/ Main wiki page for the working group: https://community.icann.org/x/KhGsAw Thank you. Kind Regards, Terri

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[Discussion Thread] Sunrise Q5(b)
by Ariel Liang May 23, 2019

May 23, 2019

Dear Sunrise Sub Team members, As announced, this thread is being opened for final mailing list discussions related to Sunrise Agreed Charter Question 5(b), including Proposal #7. We ask that you review the Summary Table (as of 16 April 2019) and provide any additional input you may have to the “proposed answers & preliminary recommendations” in relation to the Agreed Charter Question, and consider draft answers to the following questions regarding the individual proposal: a. Should the Sub Team recommend that the full WG consider including this Individual Proposal in the Initial Report for the solicitation of public comment? b. In light of the Individual Proposal, are any modifications to the current “tentative answers & preliminary recommendations” needed? c. Should any additional Sub Team recommendations be made in relation to the agreed Sunrise charter question? Unless the Sub Team Co-Chairs determine otherwise, this discussion thread will remain open until 23:59 UTC on 29 May 2019. Comments/input provided past the closing date or outside this discussion thread will not be taken into account when compiling the final Sub Team member input. Summary Table (Pages 26-29) The draft answers, preliminary recommendations, and links to the relevant individual proposals are in the latest Summary Table (as of 16 April 2019): https://community.icann.org/download/attachments/102138618/%5BSunrise%20Sum…. Agreed Sunrise Charter Question 5(b) The Sub Team just discussed Agreed Preamble Charter Question on 22 May 2019, hence the proposed answers are “TBD”. Based on the Sub Team’s discussions, the transcript and notes, staff will provide update. Q5(b): In light of evidence gathered above, should the Sunrise Period continue to be mandatory or become optional? Proposed Answer: TBD Q5(b)(i): Should the WG consider returning to the original recommendation from the IRT and STI of Sunrise Period OR Trademark Claims in light of other concerns, including freedom of expression and fair use? Proposed Answer: TBD Q5(b)(ii): In considering mandatory vs optional, should Registry Operators be allowed to choose between Sunrise and Claims (that is, make ONE mandatory)? Proposed Answer: TBD Individual Proposal The Sub Team just discussed the Proposal #7 on 22 May 2019, hence there is no draft answer currently on the Summary Table (as of 16 April 2019). Based on the Sub Team’s discussions, the transcript and notes, staff will provide update. Link to the individual proposal is included below. Proposal #7: https://community.icann.org/download/attachments/102146375/Proposal%237.pdf… Where to Find All Discussion Threads Access the Documents wiki page and find the opening messages of the all discussion threads in the table (highlighted in green): https://community.icann.org/x/_oIWBg Best Regards, Mary, Julie, Ariel

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[Discussion Thread] Sunrise Preamble Q
by Ariel Liang May 23, 2019

May 23, 2019

Dear Sunrise Sub Team members, As announced, this thread is being opened for final mailing list discussions related to Sunrise Agreed Preamble Charter Question, including Proposals #1, #3, #8. We ask that you review the Summary Table (as of 16 April 2019) and provide any additional input you may have to the “proposed answers & preliminary recommendations” in relation to the Agreed Charter Question, and consider draft answers to the following questions regarding the individual proposal: a. Should the Sub Team recommend that the full WG consider including this Individual Proposal in the Initial Report for the solicitation of public comment? b. In light of the Individual Proposal, are any modifications to the current “tentative answers & preliminary recommendations” needed? c. Should any additional Sub Team recommendations be made in relation to the agreed Sunrise charter question? Unless the Sub Team Co-Chairs determine otherwise, this discussion thread will remain open until 23:59 UTC on 29 May 2019. Comments/input provided past the closing date or outside this discussion thread will not be taken into account when compiling the final Sub Team member input. Summary Table (Pages 3-8) The draft answers, preliminary recommendations, and links to the relevant individual proposals are in the latest Summary Table (as of 16 April 2019): https://community.icann.org/download/attachments/102138618/%5BSunrise%20Sum…. Agreed Sunrise Preamble Charter Question The Sub Team just discussed Agreed Preamble Charter Question on 22 May 2019, hence the proposed answers are “TBD”. Based on the Sub Team’s discussions, the transcript and notes, staff will provide update. Preamble Q(a): Is the Sunrise Period serving its intended purpose? Proposed Answer: TBD Preamble Q(b): Is it having unintended effects? Proposed Answer: TBD Preamble Q(c): Is the TMCH Provider requiring appropriate forms of “use” (if not, how can this corrected)? Proposed Answer: TBD Preamble Q(d): Have abuses of the Sunrise Period been documented by trademark owners? Proposed Answer: TBD Preamble Q(e): Have abuses of the Sunrise Period been documented by Registrants? Proposed Answer: TBD Preamble Q(f): Have abuses of the Sunrise Period been documented by Registries and Registrars? Proposed Answer: TBD Individual Proposal The Sub Team just discussed the Proposal #1, #3, and #8 on 22 May 2019, hence there is no draft answer currently on the Summary Table (as of 16 April 2019). Based on the Sub Team’s discussions, the transcript and notes, staff will provide update. Links to the individual proposals are included below. Proposal #1: https://community.icann.org/download/attachments/102146375/Proposal%231.pdf… Proposal #3: https://community.icann.org/download/attachments/102146375/Proposal%233.pdf… Proposal #8: https://community.icann.org/download/attachments/102146375/Proposal%238.pdf… Where to Find All Discussion Threads Access the Documents wiki page and find the opening messages of the all discussion threads in the table (highlighted in green): https://community.icann.org/x/_oIWBg Best Regards, Mary, Julie, Ariel

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Re: [Gnso-rpm-sunrise] [Ext] RE: [Discussion Thread] Sunrise Q8
by Ariel Liang May 22, 2019

May 22, 2019

Hello Kristine, Thank you very much for letting us know, and thank you and Maxim for working on the proposed language. Per staff discussion with the Sub Team Co-Chairs today, the closing date of this discussion thread, as well as the threads of other agreed Sunrise charter questions, will be extended. A notice will go out tomorrow, including the new closing date. Best Regards, Ariel From: "Dorrain, Kristine" <dorraink(a)amazon.com> Date: Tuesday, May 21, 2019 at 7:36 PM To: Ariel Liang <ariel.liang(a)icann.org>, "gnso-rpm-sunrise(a)icann.org" <gnso-rpm-sunrise(a)icann.org> Subject: [Ext] RE: [Discussion Thread] Sunrise Q8 Maxim and I are working on some language. Please don’t close this tomorrow. Kristine From: Gnso-rpm-sunrise <gnso-rpm-sunrise-bounces(a)icann.org> On Behalf Of Ariel Liang Sent: Thursday, May 9, 2019 8:36 AM To: gnso-rpm-sunrise(a)icann.org Subject: [Gnso-rpm-sunrise] [Discussion Thread] Sunrise Q8 Dear Sunrise Sub Team members, As announced, this thread is being opened for final mailing list discussions related to Sunrise Agreed Charter Question 8. We ask that you review the Summary Table (as of 16 April 2019) and provide any additional input you may have to the “proposed answers & preliminary recommendations” in relation to the Agreed Charter Question. Unless the Sub Team Co-Chairs determine otherwise, this discussion thread will remain open until 23:59 UTC on 22 May 2019. Comments/input provided past the closing date or outside this discussion thread will not be taken into account when compiling the final Sub Team member input. Summary Table (Pages 34-36) The draft answers, preliminary recommendations, and links to the relevant individual proposals are in the latest Summary Table (as of 16 April 2019): https://community.icann.org/download/attachments/102138618/%5BSunrise%20Sum…. Note: Staff will update the “Summary of Discussions/Individual Comments” to correct any inaccuracy. Agreed Sunrise Charter Question 8 (Page 34-35) The Sub Team just discussed Agreed Charter Question 8 on 08 May 2019, hence the proposed answers are “TBD”. Based on the Sub Team’s discussions, the transcript and notes, staff will provide update. Q8(a) Are Limited Registration Periods in need of review vis a vis the Sunrise Period? Approved Launch Programs? Qualified Launch programs? Proposed Answer: TBD Q8(b) Are the ALP and QLP periods in need of review? Proposed Answer: TBD Q8(c) What aspects of the LRP are in need of review? Proposed Answer: TBD Where to Find All Discussion Threads Access the Documents wiki page and find the opening messages of the all discussion threads in the table (highlighted in green): https://community.icann.org/x/_oIWBg Best Regards, Mary, Julie, Ariel

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[Discussion Thread] Sunrise Q8
by Ariel Liang May 21, 2019

May 21, 2019

Dear Sunrise Sub Team members, As announced, this thread is being opened for final mailing list discussions related to Sunrise Agreed Charter Question 8. We ask that you review the Summary Table (as of 16 April 2019) and provide any additional input you may have to the “proposed answers & preliminary recommendations” in relation to the Agreed Charter Question. Unless the Sub Team Co-Chairs determine otherwise, this discussion thread will remain open until 23:59 UTC on 22 May 2019. Comments/input provided past the closing date or outside this discussion thread will not be taken into account when compiling the final Sub Team member input. Summary Table (Pages 34-36) The draft answers, preliminary recommendations, and links to the relevant individual proposals are in the latest Summary Table (as of 16 April 2019): https://community.icann.org/download/attachments/102138618/%5BSunrise%20Sum…. Note: Staff will update the “Summary of Discussions/Individual Comments” to correct any inaccuracy. Agreed Sunrise Charter Question 8 (Page 34-35) The Sub Team just discussed Agreed Charter Question 8 on 08 May 2019, hence the proposed answers are “TBD”. Based on the Sub Team’s discussions, the transcript and notes, staff will provide update. Q8(a) Are Limited Registration Periods in need of review vis a vis the Sunrise Period? Approved Launch Programs? Qualified Launch programs? Proposed Answer: TBD Q8(b) Are the ALP and QLP periods in need of review? Proposed Answer: TBD Q8(c) What aspects of the LRP are in need of review? Proposed Answer: TBD Where to Find All Discussion Threads Access the Documents wiki page and find the opening messages of the all discussion threads in the table (highlighted in green): https://community.icann.org/x/_oIWBg Best Regards, Mary, Julie, Ariel

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Actions & Notes: RPM Sunrise Sub Team Meeting 15 May 1800 UTC
by Julie Hedlund May 17, 2019

May 17, 2019

Dear All, Please see below the action items and notes captured by staff from the RPM Sunrise Sub Team meeting held on 15 May 2019 (18:00-19:30 UTC). Staff will post them to the wiki space. Please note that these are high-level notes and are not meant as a substitute for the recording, chat room, or transcript. The recording, AC chat, transcript and attendance records are posted on the wiki at: https://community.icann.org/display/RARPMRIAGPWG/2019-05-15+Sub+Team+for+Su…. Best Regards, Julie Julie Hedlund, Policy Director == NOTES & ACTION ITEMS Action Items: 1. Discussion Threads: Staff will: * Close on 17 May: * Q1 (including Proposal #9) * Open pending further responses: * Q3 (including Proposals #10 & #11) * Q4 * Q5(a) * Q6 (including Proposals #2 & #4) * Open until 22 May: * Q9 (including individual proposal #13) * Open until 29 May: * Q8 & Q12 (one combined thread) * Q10 * Q11 2. Homework: Sub Team members will: 1. Continue providing input to Discussion Threads for Agreed Sunrise Charter Q3 (including Proposals #10 & #11), Q4, Q5(a), Q6 (including Proposals #2 & #4), Q9 (including Proposal #13) 2. Provide input to the Discussion Threads for Agreed Sunrise Charter Q8 & Q12 (combined), Q10, and Q11 3. Review Agreed Preamble Sunrise Charter Question, in conjunction with Proposal #3 4. Review Agreed Sunrise Charter Question 5(b), in conjunction with Proposal #1, #7, #8 3. “Status Check” and “Summary Table”: Staff will update based on the transcript/recording from the meeting, submit to the Co-Chairs for review, and then to the Sub Team for review. Brief Notes: 1. Updates to Statements of Interest (SOIs): No updates provided. 2. Development of Preliminary Recommendations: a. Discuss agreed Sunrise Charter Question 8 -- Question is really open ended. One of the problems in drafting the question is that we didn’t have a lot of information. The way that the systems ran did not intersect well with the Sunrise period. We could ask questions in public comment about how they could be improved to interact better. So we know from the people being affected what solutions would have worked for them. -- There is a really defined group that has some feedback. -- ACTION ITEM: Kristine and Maxim will add some questions to the discussion thread. b. Discuss agreed Sunrise Charter Question 10 -- It is vague and not worded as a question. -- Seems like this question doesn’t belong here and we’ve already discussed it. -- Do we want to expand proof of use for all registration? -- The TMCH does not have a requirement for proof of use, so some (a very few) have decided not to provide POU and to just register in TMCH and not Sunrise. ACTION ITEM: Open a thread on Question 10 -- suggest passing on this question unless there is a suggestion that doesn’t duplicate the discussion in the TM Claims Sub Team. c. Discuss agreed Sunrise Charter Question 11 -- Anecdotal evidence of lack of registrations because transliterations were not allowed. -- Open a discussion thread. d. Discuss agreed Sunrise Charter Question 12 -- When opening a discussion thread include the link to the discussion with Amadeu from CORE.

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CLOSED: [Discussion Thread] Sunrise Q1
by Ariel Liang May 17, 2019

May 17, 2019

Dear Sunrise Sub Team members, In the absence of further discussions and per Sub Team Co-Chairs’ determination, the Discussion Thread for the Trademark Claims Agreed Charter Question 1 (including Proposal #9) is now closed. Specifically, Sub Team Co-Chairs note that while Proposal #9 did not seem to receive wide support from the Sub Team, its relevant aspect has been picked up in the discussion thread for the agreed Sunrise Charter Question 6. Please reference that discussion thread for further information. Best Regards, Mary, Julie, Ariel From: Ariel Liang <ariel.liang(a)icann.org> Date: Thursday, April 25, 2019 at 7:49 AM To: "gnso-rpm-sunrise(a)icann.org" <gnso-rpm-sunrise(a)icann.org> Subject: [Discussion Thread] Sunrise Q1 Dear Sunrise Sub Team members, As announced, this thread is being opened for final mailing list discussions related to Sunrise Agreed Charter Question 1, including Proposal #9. We ask that you review the Summary Table (as of 16 April 2019) and provide any additional input you may have to the “tentative answers & preliminary recommendations” in relation to the Agreed Charter Question, and consider draft answers to the following questions regarding the individual proposal: a. Should the Sub Team recommend that the full WG consider including this Individual Proposal in the Initial Report for the solicitation of public comment? b. In light of the Individual Proposal, are any modifications to the current “tentative answers & preliminary recommendations” needed? c. Should any additional Sub Team recommendations be made in relation to the agreed Sunrise charter question? Unless the Sub Team Co-Chairs determine otherwise, this discussion thread will remain open until 23:59 UTC on 15 May 2019. Comments/input provided past the closing date or outside this discussion thread will not be taken into account when compiling the final Sub Team member input. Summary Table (Pages 8-12) The draft answers, preliminary recommendations, and links to the relevant individual proposals are in the latest Summary Table (as of 16 April 2019): https://community.icann.org/download/attachments/102138618/%5BSunrise Summary Table%5D %2816 April 2019%29.pdf?version=1&modificationDate=1555515624235&api=v2 Agreed Sunrise Charter Question 1 (Page 8) Q1(a) Should the availability of Sunrise registrations only for identical matches be reviewed? Proposed Answer: The availability of Sunrise registrations only for identical matches should not be reviewed. Q1(b) If the matching process is expanded, how can Registrant free expression and fair use rights be protected and balanced against trademark rights? Proposed Answer: The matching process should not be expanded. Individual Proposals The Sub Team just discussed the Proposal #9 on 24 April 2019, hence there is no draft answer currently on the Summary Table (as of 16 April 2019). Based on the Sub Team’s discussions, the transcript and notes, staff will provide update via this discussion thread. Link to the individual proposal is included below. Proposal #9: https://community.icann.org/download/attachments/102146375/Proposal%239.pdf… Where to Find All Discussion Threads Access the Documents wiki page and find the opening messages of the all discussion threads in the table (highlighted in green): https://community.icann.org/x/_oIWBg Best Regards, Mary, Julie, Ariel

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Merge with Q12: [Discussion Thread] Sunrise Q8
by Ariel Liang May 17, 2019

May 17, 2019

Dear Sunrise Sub Team members, As discussed during the Sub Team meeting on 15 May, the following changes will be applied to this Discussion Thread for Sunrise Q8: 1. Please use this thread to provide any additional input you may have in relation to both Agreed Sunrise Charter Question 8 and Question 12. 2. Please clearly state which agreed charter question/sub question your input is pertaining to. 3. Per Sub Team Co-Chairs’ determination, this discussion thread has been extended and will remain open until 23:59 UTC on 29 May 2019. Comments/input provided past the closing date or outside this discussion thread will not be taken into account when compiling the final Sub Team member input. Summary Table (Pages 34-36, 44-46) The relevant data, draft answers, preliminary recommendations, and links to the relevant individual proposals are in the latest Summary Table (as of 16 April 2019): https://community.icann.org/download/attachments/102138618/%5BSunrise%20Sum…. * Per Sub Team’s request, staff have included the links to the transcript of the RPM WG Meeting in June 2017 at Johannesburg, where Amadeu Abril discussed ALP/QLP/LRP with the WG: Transcript 1<https://schd.ws/hosted_files/icann59johannesburg2017/8a/transcript%20RPM%20…> (pp.28-30, 33-34, 37-38), Transcript 2<https://schd.ws/hosted_files/icann59johannesburg2017/a3/Transcript%20RPMs%2…> (pp.27-31) * Links to the transcripts are already included in the Summary Table. Please also reference the other data/resources in the Summary Table. Agreed Sunrise Charter Question 8 (Page 34-36) The Sub Team just discussed Agreed Charter Question 8 on 08 May 2019, hence the proposed answers are “TBD”. Based on the Sub Team’s discussions, the transcript and notes, staff will provide update. Q8(a) Are Limited Registration Periods in need of review vis a vis the Sunrise Period? Approved Launch Programs? Qualified Launch programs? Proposed Answer: TBD Q8(b) Are the ALP and QLP periods in need of review? Proposed Answer: TBD Q8(c) What aspects of the LRP are in need of review? Proposed Answer: TBD Agreed Sunrise Charter Question 12 (Page 44-46) The Sub Team just discussed Agreed Charter Question 12 on 15 May 2019, hence the proposed answers are “TBD”. Based on the Sub Team’s discussions, the transcript and notes, staff will provide update. Q12(a) Should Sunrise Registrations have priority over other registrations under specialized gTLDs? Proposed Answer: TBD Q12(b) Should there be a different rule for some registries, such as certain types of specialized gTLDs (e.g. community or geo TLDs), based on their published registration/eligibility policies? Examples include POLICE.PARIS and POLICE.NYC for geo-TLDs, and WINDOWS.CONSTRUCTION for specialized gTLDs. Proposed Answer: TBD Where to Find All Discussion Threads Access the Documents wiki page and find the opening messages of the all discussion threads in the table (highlighted in green): https://community.icann.org/x/_oIWBg Best Regards, Mary, Julie, Ariel

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[Discussion Thread] Sunrise Q11
by Ariel Liang May 17, 2019

May 17, 2019

Dear Sunrise Sub Team members, As announced, this thread is being opened for final mailing list discussions related to Sunrise Agreed Charter Question 11. We ask that you review the Summary Table (as of 16 April 2019) and provide any additional input you may have to the “proposed answers & preliminary recommendations” in relation to the Agreed Charter Question. Unless the Sub Team Co-Chairs determine otherwise, this discussion thread will remain open until 23:59 UTC on 29 May 2019. Comments/input provided past the closing date or outside this discussion thread will not be taken into account when compiling the final Sub Team member input. Summary Table (Pages 42-44) The draft answers, preliminary recommendations, and links to the relevant individual proposals are in the latest Summary Table (as of 16 April 2019): https://community.icann.org/download/attachments/102138618/%5BSunrise%20Sum…. Agreed Sunrise Charter Question 11 The Sub Team just discussed Agreed Charter Question 11 on 15 May 2019, hence the proposed answers are “TBD”. Based on the Sub Team’s discussions, the transcript and notes, staff will provide update. Q11(a): How effectively can trademark holders who use non-English scripts/languages able to participate in Sunrise (including IDN Sunrises)? Proposed Answer: TBD Q11(b): Should any of them be further “internationalized” (such as in terms of service providers, languages served)? Proposed Answer: TBD Where to Find All Discussion Threads Access the Documents wiki page and find the opening messages of the all discussion threads in the table (highlighted in green): https://community.icann.org/x/_oIWBg Best Regards, Mary, Julie, Ariel

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