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Mp3, AC Chat & Attendance from Review of all Rights Protection Mechanisms (RPMs) TMCH Sub Team on Friday, 16 September 2016
by Michelle DeSmyter Sept. 16, 2016

Sept. 16, 2016

Dear All, Please find the attendance, MP3 recording and Adobe Connect chat below for the Review of all Rights Protection Mechanisms (RPMs) TMCH Sub Team call held on Friday, 16 September 2016 at 15:00 UTC. MP3: http://audio.icann.org/gnso/gnso-rpm-tmch-16sep16-en.mp3 <http://audio.icann.org/gnso/gnso-rpm-tmch-16sep16-en.mp3> The recordings and transcriptions of the calls are posted on the Sub Team wiki page: https://community.icann.org/x/HAC4Aw Attendees: Grace Mutung'u Jeff Neuman Kathy Kleiman Kurt Britz Philip Corwin Robin Gross Sarah Clayton Susan Payne Vaibhav Aggarwal Apologies: Edward Morris Kristine Dorrain Salvador Hernández ICANN staff: Antonietta Mangiacotti David Tanti Michelle DeSmyter ** Please let me know if your name has been left off the list ** Mailing list archives: http://mm.icann.org/pipermail/gnso-rpm-tmch/ Main RPM Wiki page: https://community.icann.org/x/wCWAAw Sub Team Wiki page: https://community.icann.org/x/HAC4Aw Thank you. Kind regards, Michelle DeSmyter ------------------------------- Adobe Connect chat transcript for 16 September 2016: Michelle DeSmyter:Dear All, Welcome to the Review of all Rights Protection Mechanisms (RPMs) TMCH sub team call on Friday, 16 September at 15:00 UTC. Michelle DeSmyter:Agenda on wiki: https://community.icann.org/x/HAC4Aw David Tait:I just sent you an email if you could assist that would be appreciated. Michelle DeSmyter:absolutely David Tait:thanks! Kathy:not getting through to the phone number David Tait:Kathy, can we arrange a dial out for you? Michelle DeSmyter:Kathy, would you like us to dial out to you? Michelle DeSmyter::) Kathy:made it! Michelle DeSmyter:perfect! Kathy:David, could we control the slides? David Tait:Apologies unsynched now Kathy:tx! Philip Corwin:Hello all Kathy:Glad you could join us, Vaibhav! Vaibhav Aggarwal:Hey Vaibhav Aggarwal:Thanks Susan Payne:David could you turn your mic up a little please - I cannot trun sound up higher at this end and you are very quiet Vaibhav Aggarwal:I just joined in before I stepped out to apologise in Person to the team :-) Susan Payne:yes a little thanks Kathy:Tx you, Vaibhav! Vaibhav Aggarwal::-) Vaibhav Aggarwal:ciao Vaibhav Aggarwal:have a good weekend Marina Lewis:Happy Friday all! Sorry to be joining a few minutes late... Susan Payne:hi Marina Marina Lewis:Hi Susan :) Kurt Pritz:I agree with Kathy Kurt Pritz:I think we can just send it after the changes are made. We will note that there will be additions later. Susan Payne:I think it could go out Jeff Neuman:The new document is 100% better Philip Corwin:Can we please display the document being discussed? Kurt Pritz:We should review the document that Vaibhav just sent around David Tait:Phil the document is online now Kurt Pritz:it is the "new" document plus Vaibhav's comments Jeff Neuman:I am in the middle of a conference so I cannot speak. But I support the new document. David Tait:Kurt this is the document you circulated up this morning David Tait:I will get Vaibhav's document now David Tait:Vaibhav's version of the document is up on screen now Jeff Neuman:Thanks Jeff Neuman:Even when I support you? Jeff Neuman:I dont mind sending it to the full group to get their thoughts, but we should not send out the old document for the sake of saying we got a document out. Kathy:David, the version that we are viewing does not have the cross-out Marina Lewis:I'm happy to discuss now or kick this can down the sidewalk until next Friday if others want to take more time to review. David Tait:Kathy, as per Kurt's comment he revised document by deleting the struck out sections Philip Corwin:Suggest we expeditiously balance the need to be comprehensive with the need to bring this document to a timley conclusion so it can be transmitted. Kathy:The version above does not have the questions that have been struck-out. Jeff Neuman:i neeed to drop. Kathy:Tx you, Kurt!~ Kurt Pritz:Can I have one minute at the end? Philip Corwin:Bye all. Must depart Kathy:Anything involving hiring I would think should go back to the co-chairs and the full WG Marina Lewis:Thanks, Everyone! Kathy:Tx Susan and Kurt and All!

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Notes and Actions from TMCH Sub-Team meeting 16 September 2016
by David Tait Sept. 16, 2016

Sept. 16, 2016

Dear All Please find attached the notes and action’s from today’s call sub-team call. The notes and actions are as follows: ITEM 1 Staff to redraft existing tabular data sheet as follows: · Include introduction- publicly available data gathered for the working group by staff, including most recently available data (stating sources) inquiries continuing and update as more data becomes available. · Include explanatory note that sunrise transactions same as registrations · TM claims notice (pg. 7) clarify parenthesis (up to [date]) · Add short bibliography of types of materials. ACTION: Staff to amend and share with ST prior to forwarding to co-chairs. ITEM 2 ST undertook walk-through of revised draft of questions. Amend Questions for registrars (5): insert "please explain why" at top of question prior to sub-points. Finalisation - accept changes and ST to deal with final remaining questions (contained in comments) ACTION: (1) Kurt to email staff requesting them to look at URS and UDRP proceedings to see where decision were taken on mark [+key word] or mark [+plural] and (2) ST to review latest draft and pick up at TMCH Providers next week. Kind regards, David David A. Tait Policy Specialist (Solicitor qualified in Scotland) Internet Corporation for Assigned Names and Numbers (ICANN) Mobile: + 44-7864-793776 Email: david.tait(a)icann.org www.icann.org

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Meeting Invitation: RPM TMCH Sub Team on Friday, 23 September 2016 at 15:00 UTC
by Michelle DeSmyter Sept. 16, 2016

Sept. 16, 2016

Dear all, The next RPM TMCH sub team will be held on Friday, 23 September 2016 at 15:00 UTC for 60 minutes. 08:00 PDT, 11:00 EDT, 16:00 London, 17:00 CEST For other times: http://tinyurl.com/jf2ytub Adobe Connect WITH AUDIO enabled:https://icann.adobeconnect.com/gnso-rpm/ For those of you using the Adobe Connect audio, you may do so by activating your computer microphone via the Adobe room (Using a headset is preferable here). Make sure your speakers and microphone are not on mute. - Select the TELEPHONE ICON at the top of the AC toolbar and choose CONNECT MY AUDIO (only option). - Select USING COMPUTER twice - Select ALLOW access to the ICANN Adobe room - the TELEPHONE ICON at the top of the toolbar should then have changed into a MICROPHONE ICON - You may click on this MICROPHONE ICON to mute yourself (Icon will then have a line through it) and to unmute yourself (Line disappears) Participants must ALWAYS have their microphone or telephone on MUTE as default setting. You are requested to RAISE YOUR HAND if you wish to participate to avoid disruption. Dial-in details are below. Please confirm your dial-out or apology requests to GNSO Secretariats gnso-secs(a)icann.org<mailto:gnso-secs@icann.org> ______________________________________________________________________ Participant passcode: RPM TMCH Dial in numbers: Country Toll Numbers Freephone/ Toll Free Number ARGENTINA 0800-777-0519 AUSTRALIA ADELAIDE: 61-8-8121-4842 1-800-657-260 AUSTRALIA BRISBANE: 61-7-3102-0944 1-800-657-260 AUSTRALIA CANBERRA: 61-2-6100-1944 1-800-657-260 AUSTRALIA MELBOURNE: 61-3-9010-7713 1-800-657-260 AUSTRALIA PERTH: 61-8-9467-5223 1-800-657-260 AUSTRALIA SYDNEY: 61-2-8205-8129 1-800-657-260 AUSTRIA 43-1-92-81-113 0800-005-259 BELGIUM 32-2-400-9861 0800-3-8795 BRAZIL 0800-7610651 CHILE 1230-020-2863 CHINA CHINA A: 86-400-810-4789 10800-712-1670 CHINA CHINA B: 86-400-810-4789 10800-120-1670 COLOMBIA 01800-9-156474 CZECH REPUBLIC 420-2-25-98-56-64 800-700-177 DENMARK 45-7014-0284 8088-8324 ESTONIA 800-011-1093 FINLAND 358-9-5424-7162 0-800-9-14610 FRANCE LYON: 33-4-26-69-12-85 080-511-1496 FRANCE MARSEILLE: 33-4-86-06-00-85 080-511-1496 FRANCE PARIS: 33-1-70-70-60-72 080-511-1496 GERMANY 49-69-2222-20362 0800-664-4247 GREECE 30-80-1-100-0687 00800-12-7312 HONG KONG 852-3001-3863 800-962-856 HUNGARY 06-800-12755 INDIA INDIA A: 000-800-852-1268 INDIA INDIA B: 000-800-001-6305 INDIA INDIA C: 1800-300-00491 INDONESIA 001-803-011-3982 IRELAND 353-1-246-7646 1800-992-368 ISRAEL 1-80-9216162 ITALY MILAN: 39-02-3600-6007 800-986-383 JAPAN OSAKA: 81-6-7739-4799 0066-33-132439 JAPAN TOKYO: 81-3-5539-5191 0066-33-132439 LATVIA 8000-3185 LUXEMBOURG 352-27-000-1364 MALAYSIA 1-800-81-3065 MEXICO 001-866-376-9696 NETHERLANDS 31-20-718-8588 0800-023-4378 NEW ZEALAND 64-9-970-4771 0800-447-722 NORWAY 47-21-590-062 800-15157 PANAMA 011-001-800-5072065 PERU 0800-53713 PHILIPPINES 63-2-858-3716 POLAND 00-800-1212572 PORTUGAL 8008-14052 RUSSIA 8-10-8002-0144011 SAUDI ARABIA 800-8-110087 SINGAPORE 65-6883-9230 800-120-4663 SLOVAK REPUBLIC 421-2-322-422-25 SOUTH AFRICA 080-09-80414 SOUTH KOREA 82-2-6744-1083 00798-14800-7352 SPAIN 34-91-414-25-33 800-300-053 SWEDEN 46-8-566-19-348 0200-884-622 SWITZERLAND 41-44-580-6398 0800-120-032 TAIWAN 886-2-2795-7379 00801-137-797 THAILAND 001-800-1206-66056 UNITED KINGDOM BIRMINGHAM: 44-121-210-9025 0808-238-6029 UNITED KINGDOM GLASGOW: 44-141-202-3225 0808-238-6029 UNITED KINGDOM LEEDS: 44-113-301-2125 0808-238-6029 UNITED KINGDOM LONDON: 44-20-7108-6370 0808-238-6029 UNITED KINGDOM MANCHESTER: 44-161-601-1425 0808-238-6029 URUGUAY 000-413-598-3421 USA 1-517-345-9004 866-692-5726 VENEZUELA 0800-1-00-3702 Thank you. Kind regards, Michelle

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Agenda for upcoming RPMs sub team
by David Tait Sept. 16, 2016

Sept. 16, 2016

Dear All Staff would like to propose the following agenda for today’s RPM TMCH sub team at 15:00 UTC meeting. (1) Completion of Review of comments related to Charter; (2) Completion of Review of List of Questions for TMCH Providers, Registrars and Registries to identify any gaps and additional questions; and (2) Update from Staff on data gathering. The latest draft of Questions for TMCH Providers, Registrars and Registries is attached to this email. Kind regards, David David A. Tait Policy Specialist (Solicitor qualified in Scotland) Internet Corporation for Assigned Names and Numbers (ICANN) Mobile: + 44-7864-793776 Email: david.tait(a)icann.org www.icann.org

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Notes and Actions from TMCH Sub-Team meeting 9 September 2016
by David Tait Sept. 9, 2016

Sept. 9, 2016

Dear All Please find attached the notes and action’s from today’s call sub-team call. Additionally, please find attached the latest draft of questions to the registries et al. The notes and actions are as follows: Item 1 – SP provided a brief walk through of initial document [ACTION: ST to (i) review document in detail for discussion next week (ii) make additional proposals of questions and types of data/information which could be sought via mailing list prior to meeting] Question 7 Additional questions: How many marks were rejected? What is a breakdown of the reasons? Are there any regional differences? Item 2 – The proposal accepted to attempt to clear current proposed changes. Questions to registries: • Blocking mechanisms - redraft as "Please describe what you are able to block with a given SMD file." • Break-down of the number - CCT-RT - "Can you tell us, each new gTLD by new gTLD, how many sunrise registrations you had during your sunrise period?" • Did your support teams receive any inquiries from 'anchor tenants' /pioneers who were unable or unwilling to proceed with registration due to issues arising from the issuance of a claims notice? • Strike out questions 3 and 5 to note need for reconsideration. [ACTION: (i) Staff to prepare revised document for circulation and (ii) ST to consider outstanding queries from Staff and make proposed changes via mailing list] Kind regards, David David A. Tait Policy Specialist (Solicitor qualified in Scotland) Internet Corporation for Assigned Names and Numbers (ICANN) Mobile: + 44-7864-793776 Email: david.tait(a)icann.org www.icann.org

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Mp3, Attendance & AC Chat for RPM TMCH Sub team meeting
by Michelle DeSmyter Sept. 9, 2016

Sept. 9, 2016

Dear All, Please find the attendance, MP3 recording and Adobe Connect chat below for the Review of all Rights Protection Mechanisms (RPMs) TMCH Sub Team call held on Friday, 09 September 2016 at 15:00 UTC. MP3: http://audio.icann.org/gnso/gnso-rpm-tmch-09sep16-en.mp3 <http://audio.icann.org/gnso/gnso-rpm-tmch-05aug16-en.mp3> The recordings and transcriptions of the calls are posted on the Sub Team wiki page: https://community.icann.org/x/IRqsAw Attendees RPM TMCH Sub Team: Edward Morris Jeff Neuman Khouloud Dawahi Kathy Kleiman Kristine Dorrain Kurt Pritz Philip Corwin Sarah Clayton Susan Payne Vaibhav Aggarwal On audio only: None Apologies: None ICANN staff: Antonietta Mangiacotti David Tait Michelle DeSmyter ** Please let me know if your name has been left off the list ** Mailing list archives: http://mm.icann.org/pipermail/gnso-rpm-tmch/ Main RPM Wiki page: https://community.icann.org/x/rhiOAw Sub Team Wiki page: https://community.icann.org/x/IRqsAw Thank you. Kind regards, Michelle DeSmyter ------------------------------- Adobe Connect chat transcript for 09 September 2016: Michelle DeSmyter:Dear All, Welcome to the Rights Protection Mechanisms (RPMs) TMCH Sub Team Meeting. Michelle DeSmyter:Agenda: https://community.icann.org/x/IRqsAw Kathy:Hi All Michelle DeSmyter:Hello Kathy, welcome! Kathy:Hi Mcihelle, Happy Friday! David Tait:We'll give it one more minute before we start Michelle DeSmyter:You as well! :) Kurt Pritz:I am in the car using my hot spot connections, which might somewhat .... spotty Jeff Neuman:Hello all.....I am on Adobe, but only for about 15 minutes...then just on phone Kurt Pritz:I think there is little or no data that can be collected on nquestion umber 1 - as you point out Edward Morris:Thanks Susan. Michelle DeSmyter:Welcome Vaibhav! Kurt Pritz:On question2: I think you identified the correct three "sub-questions" but the sub-questions aren't really asking for data Vaibhav Aggarwal:He Michelle Kristine Dorrain - Amazon Registry:Hi everyone. I have been on the call for a few minutes, but now made it successfully online. Vaibhav Aggarwal:Sorry I have been trying to get in the room and I am not able to as Adobe is extreamly not working Vaibhav Aggarwal::-( Vaibhav Aggarwal:I am here now Vaibhav Aggarwal:also Dailed in Michelle DeSmyter:glad to have you both on - let me know if either of you run into any issues and I can certainly try to help Kristine Dorrain - Amazon Registry:Point of action: Under Data Gathering, add "Analysis Group report" Kurt Pritz:FOr example: with regard to claims, the specific data we might request is the abandoonment rate in claim vs abandonment after the claims period is over David Tait:Yes the document is unsynched Vaibhav Aggarwal::-) Vaibhav Aggarwal:Thanks David Tait:Yes we can hear you Kristine Dorrain - Amazon Registry:To Kurt's point, I received this anecdote from a Registry: it is IDN domainмы.москва (xn--l1a4a.xn--80adxhks)was obtained by a person with interest in selling brick and mortar kind of goods (drills, concrete e.t.c.)when the word "мы" is translated from Russian to English as "we".Currently the website tends to be "social network" and in reality it just pumps some news in order to look valid.P.s: the gaining party neither known with any kind of product nor invented anything beyond using TMCH to obtain good generic word :) Jeff Neuman:I am dropping of of Adobe, but still on the call. Kurt Pritz:On 7: How many marks were rejected? What is a breakdown of the reasons? Vaibhav Aggarwal:@Kurt Break up could be Region wise Kurt Pritz:As an aside: It is telling that we, as "experts" cannot always understand the meaning of the charter question. An issue with many ICANN-related documents. Vaibhav Aggarwal:Its important as that is often bound by treaties of Validity Vaibhav Aggarwal:so the Importance of TMCH as a Service Vaibhav Aggarwal:is regional too in nature Kurt Pritz:I agree with Vaibhav that, when framing questions, we should always consider whether we ask for data by region or some other demographic Vaibhav Aggarwal::-) Vaibhav Aggarwal:+1 Kathy Kathy:Tx Kristine Kathy:Great, so good time to move to finalizing the questions we have?? susan payne:ok Edward Morris:Makes sense to me. Kristine Dorrain - Amazon Registry:Yes, I think that's good. David Tait:Just to note Susan has her hand up Vaibhav Aggarwal:@Michelle Please give the Document the rights to change View etc Vaibhav Aggarwal:its too small David Tait:thanks! Kurt Pritz:The sunrise data by TLD is confidential - so many registries are likely to say no. susan payne:thanks! Kurt Pritz:The TMCH might be able to give us masked sunrise data. Michelle DeSmyter:Welcome Khouloud! Vaibhav Aggarwal:I guess we just want the numbers khouloud Dawahi:thanks Michelle , i have just received the reminder for the call , sorry im late Philip Corwin:I believe that Bret was referring to their registrar function. That said, it's still useful info. And Kathy is right that other registries recruit major registrants, even if the acual registration is facilitated by a third party. Kristine Dorrain - Amazon Registry:If we have to ask a question like this, I support Jeff's rephrasing. An opinion question is not to give us useful data. Kathy:I think I am OK with Jeff's rephraising,b ut what I would recommendi, David, is that we strik Kathy:oops that was my old typing... Vaibhav Aggarwal:Thanks Guys Vaibhav Aggarwal:Excellent David Tait:Thanks! Kathy:Have a good weekend! khouloud Dawahi:thanks Vaibhav Aggarwal::-) khouloud Dawahi:have a good weekend . Vaibhav Aggarwal:ciao

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RPM TMCH sub team meeting
by Michelle DeSmyter Sept. 9, 2016

Sept. 9, 2016

Dear all, The next RPM TMCH sub team will be held on Friday, 16 September 2016 at 15:00 UTC for 60 minutes. 08:00 PDT, 11:00 EDT, 16:00 London, 17:00 CEST For other times: http://tinyurl.com/jsg7ej4 Adobe Connect WITH AUDIO enabled:https://icann.adobeconnect.com/gnso-rpm/ For those of you using the Adobe Connect audio, you may do so by activating your computer microphone via the Adobe room (Using a headset is preferable here). Make sure your speakers and microphone are not on mute. - Select the TELEPHONE ICON at the top of the AC toolbar and choose CONNECT MY AUDIO (only option). - Select USING COMPUTER twice - Select ALLOW access to the ICANN Adobe room - the TELEPHONE ICON at the top of the toolbar should then have changed into a MICROPHONE ICON - You may click on this MICROPHONE ICON to mute yourself (Icon will then have a line through it) and to unmute yourself (Line disappears) Participants must ALWAYS have their microphone or telephone on MUTE as default setting. You are requested to RAISE YOUR HAND if you wish to participate to avoid disruption. Dial-in details are below. Please confirm your dial-out or apology requests to GNSO Secretariats gnso-secs(a)icann.org<mailto:gnso-secs@icann.org> ______________________________________________________________________ Participant passcode: RPM TMCH Dial in numbers: Country Toll Numbers Freephone/ Toll Free Number ARGENTINA 0800-777-0519 AUSTRALIA ADELAIDE: 61-8-8121-4842 1-800-657-260 AUSTRALIA BRISBANE: 61-7-3102-0944 1-800-657-260 AUSTRALIA CANBERRA: 61-2-6100-1944 1-800-657-260 AUSTRALIA MELBOURNE: 61-3-9010-7713 1-800-657-260 AUSTRALIA PERTH: 61-8-9467-5223 1-800-657-260 AUSTRALIA SYDNEY: 61-2-8205-8129 1-800-657-260 AUSTRIA 43-1-92-81-113 0800-005-259 BELGIUM 32-2-400-9861 0800-3-8795 BRAZIL 0800-7610651 CHILE 1230-020-2863 CHINA CHINA A: 86-400-810-4789 10800-712-1670 CHINA CHINA B: 86-400-810-4789 10800-120-1670 COLOMBIA 01800-9-156474 CZECH REPUBLIC 420-2-25-98-56-64 800-700-177 DENMARK 45-7014-0284 8088-8324 ESTONIA 800-011-1093 FINLAND 358-9-5424-7162 0-800-9-14610 FRANCE LYON: 33-4-26-69-12-85 080-511-1496 FRANCE MARSEILLE: 33-4-86-06-00-85 080-511-1496 FRANCE PARIS: 33-1-70-70-60-72 080-511-1496 GERMANY 49-69-2222-20362 0800-664-4247 GREECE 30-80-1-100-0687 00800-12-7312 HONG KONG 852-3001-3863 800-962-856 HUNGARY 06-800-12755 INDIA INDIA A: 000-800-852-1268 INDIA INDIA B: 000-800-001-6305 INDIA INDIA C: 1800-300-00491 INDONESIA 001-803-011-3982 IRELAND 353-1-246-7646 1800-992-368 ISRAEL 1-80-9216162 ITALY MILAN: 39-02-3600-6007 800-986-383 JAPAN OSAKA: 81-6-7739-4799 0066-33-132439 JAPAN TOKYO: 81-3-5539-5191 0066-33-132439 LATVIA 8000-3185 LUXEMBOURG 352-27-000-1364 MALAYSIA 1-800-81-3065 MEXICO 001-866-376-9696 NETHERLANDS 31-20-718-8588 0800-023-4378 NEW ZEALAND 64-9-970-4771 0800-447-722 NORWAY 47-21-590-062 800-15157 PANAMA 011-001-800-5072065 PERU 0800-53713 PHILIPPINES 63-2-858-3716 POLAND 00-800-1212572 PORTUGAL 8008-14052 RUSSIA 8-10-8002-0144011 SAUDI ARABIA 800-8-110087 SINGAPORE 65-6883-9230 800-120-4663 SLOVAK REPUBLIC 421-2-322-422-25 SOUTH AFRICA 080-09-80414 SOUTH KOREA 82-2-6744-1083 00798-14800-7352 SPAIN 34-91-414-25-33 800-300-053 SWEDEN 46-8-566-19-348 0200-884-622 SWITZERLAND 41-44-580-6398 0800-120-032 TAIWAN 886-2-2795-7379 00801-137-797 THAILAND 001-800-1206-66056 UNITED KINGDOM BIRMINGHAM: 44-121-210-9025 0808-238-6029 UNITED KINGDOM GLASGOW: 44-141-202-3225 0808-238-6029 UNITED KINGDOM LEEDS: 44-113-301-2125 0808-238-6029 UNITED KINGDOM LONDON: 44-20-7108-6370 0808-238-6029 UNITED KINGDOM MANCHESTER: 44-161-601-1425 0808-238-6029 URUGUAY 000-413-598-3421 USA 1-517-345-9004 866-692-5726 VENEZUELA 0800-1-00-3702 Thank you. Kind regards, Michelle

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Agenda and document for sub-team meeting 9 September 2016
by David Tait Sept. 9, 2016

Sept. 9, 2016

Dear All Please find below the agenda for tomorrow’ sub-team meeting: (1) Discussion of sub-team review of Charter questions relating to TMCH; (2) Discuss of questions for registries, registrars and providers (based on updated document of 8 September); and (3) Sunrise claims data. In relation to item 2 please find attached the latest draft of questions to the providers (including the latest comments from Kathy). For item 3, staff would request the guidance form the sub-team as to how to deal with the publicly available data on sunrise claims available here: https://newgtlds.icann.org/en/program-status/sunrise-claims-periods Kind regards, David David A. Tait Policy Specialist (Solicitor qualified in Scotland) Internet Corporation for Assigned Names and Numbers (ICANN) Mobile: + 44-7864-793776 Email: david.tait(a)icann.org www.icann.org

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FOR REVIEW/DISCUSSION: Updated list of questions
by Mary Wong Sept. 9, 2016

Sept. 9, 2016

Dear all, Staff has updated the list of questions to registries, registrars, providers and others following the discussion on the Sub Team call this past Friday. As agreed, please send any follow up questions, comments or suggestions to this list BEFORE the call this coming Friday so that they can be discussed on the call. As also agreed, the call this Friday will focus on those questions, comments and suggestions based on the latest changes as well as any additional subsequent ones only, all preferably sent to the list beforehand. Staff will be reaching out to Bret Fausett to follow up on his comments made during the WG meeting in Helsinki, and will report back as soon as we hear from him. Thanks and cheers Mary Mary Wong Senior Policy Director Internet Corporation for Assigned Names and Numbers (ICANN) Email: mary.wong(a)icann.org Telephone: +1-603-5744889

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Mp3, Attendance & AC Chat for RPM TMCH Sub Team Meeting on Friday, 02 September 2016 at 15:00 UTC
by Michelle DeSmyter Sept. 2, 2016

Sept. 2, 2016

Dear All, Please find the attendance, MP3 recording and Adobe Connect chat below for the Review of all Rights Protection Mechanisms (RPMs) TMCH Sub Team call held on Friday, 02 September 2016 at 15:00 UTC. MP3:https://audio.icann.org/gnso/gnso-rpm-tmch-02sep16-en.mp3 <http://audio.icann.org/gnso/gnso-rpm-tmch-05aug16-en.mp3> The recordings and transcriptions of the calls are posted on the Sub Team wiki page: https://community.icann.org/x/uhWsAw Attendees RPM TMCH Sub Team: Edward Morris Jeff Neuman Kathy Kleiman Kristine Dorrain Kurt Pritz Philip Corwin Robin Gross Sarah Clayton Scott R. Austin Susan Payne Vaibhav Aggarwal On audio only: None Apologies: None ICANN staff: Mary Wong Antonietta Mangiacotti David Tait Michelle DeSmyter ** Please let me know if your name has been left off the list ** Mailing list archives: http://mm.icann.org/pipermail/gnso-rpm-tmch/ Main RPM Wiki page: https://community.icann.org/x/rhiOAw Sub Team Wiki page: https://community.icann.org/x/uhWsAw Thank you. Kind regards, Michelle DeSmyter ------------------------------- Adobe Connect chat transcript for 02 September 2016: Michelle DeSmyter:Dear All, Welcome to the Rights Protection Mechanisms (RPMs) - TMCH sub team call on Friday, 02 September 2016 at 15:00 UTC. Mary Wong:Hi all - the PDF version doesn't seem to include the comments, including from Kurt - so it may be helpful if you also have the Word version at hand/ Susan Payne:sorry, I have lost audio... David Tait:Susan we can arrange a dial out if that would help? Philip Corwin:Hello all Kristine Dorrain:Hi Philip Corwin:Is anyone speaking, because all I have on my phone line is silence? Kristine Dorrain:No, Susan was about to and she lost audio Philip Corwin:OK thx Susan Payne:i think I'm back :) Mary Wong:That's why the data is only up to May 2015, which is when the RPM Paper was done. David Tait: Link: https://www.icann.org/resources/pages/cct-metrics-rpm-2016-06-27-en#2.8 Mary Wong:@Susan, that's something staff was wondering too - and we are thinking that it would be helpful for the Sub Team to go back to the Charter questions, after reviewing the questions we have now, to see what else we might need. Susan Payne:@Mary - yes that's what we thought Kristine Dorrain:Let me clarify: we are not trying to answer the charter questions. We are using them as an OUTLINE for our question creation process. Mary Wong:@Kristine, yes that was the staff understanding as well. Kristine Dorrain:So we don't miss anything. Otherwise I feel like our question-asking is feeling undirected. Jeff Neuman:@kathy - I agree with Kristine. The best way to determine which data we should be seeking is to go back to the charter to see what questions we (the full group) will need to answer Kristine Dorrain:It's basically a gap-filling exercise Mary Wong:Agree it is not for this Sub Team to answer the Charter questions; we had thought it had been agreed that the Sub Team could use the Charter questions as a starting point to develop data-related questions that would aid the WG in answering the Charter questions. Mary Wong:FYI - the Charter questions are basically a list of all the community questions that were raised in prior public comments and community consultations, including to the Issue Report and the RPM Staff Paper. However, as Kathy notes, they are not strictly listed as coming from a particular SG or C. Kristine Dorrain:So, Susan and I will share our outline next week. Philip Corwin:Concur that role of subteam is to gather data that will assist full WG in addressing community questions. Of course it can refer to those questions in determining what data to seek. Edward Morris 2:Thx. Kathy. This is a huge issue. Kurt Pritz:I think we can let Deloitte and IBM sort out the TMCH provider questions Jeff Neuman:That sounds a little subjective to me Jeff Neuman:and not a data exercize Jeff Neuman:How do we know that legitimate users are not proceeding Mary Wong:Of all, yes Jeff Neuman:The full WG has not established that legitimate registrations did not proceed and therefore we cannot ask questions with that assumption baked in Mary Wong:Maybe at most we can say is that legitimate registrants form part of that 94% but we do not know what the actual rate is. Scott R. Austin:@Susan I read the same assumption into the question and agree it should be based on evidence. And isnt that the goal of the notice if those put off were potential infringers? Kristine Dorrain:One problem with the use of "legitimate" is that the Claims Notice is generated because there is a mark in the TMCH. "Legitimacy" at that point goes to potential non-infringing uses (because there is no actual use yet). I think it would be hard to determine intent at the time of registration by simply looking at the domain name. Kathy:What I am striving for probably a "kinder, gentler" TM Claims Notice. Kathy:Is there a better way to phrase what we are trying to say... Kathy:yes David Tait:yes Robin Gross:I agree with Phil. We should really try to get some hard data on legitimate registrations that were thwarted. Mary Wong:How do we know what was a legitimate potential registration? Robin Gross:Specific facts could give us a clue. Edward Morris 2:Then we can not make an assumption that any of those who turned away were potential cybersquatters. Assumptions go both ways. Mary Wong:But what are the specific facts? We know how many Claims Notice in total were issued, and how many registrations then followed, but that's it. David Tait:can do Mary Wong:Note that we have listed as an Action Item following up with Brett. Kathy:yes Kristine Dorrain:yes, we can hear you Robin Gross:That's the data we want. Mary Wong:@Robin, understood - but staff just can't figure out how we can get it. Who says what is and what is not a legitimate potential registrant? Robin Gross:I wasn't proposing staff decide what is legitimate. The group should look at the data and make some analysis. Jeff Neuman:If we ask the question, then lets ask why did cybersquatter proceed with registrations despite receiving the notice Mary Wong:@Robin, right - but what data? Philip Corwin:Instead of "legitimate", how about "non-infringing intent"? Edward Morris 2:+1 Phil Mary Wong:@Phil, doesn't that raise the same question? How can anyone tell which potential registration that didn't go through has non infringing intent? Jeff Neuman:Then lets ask the opposite sire of the coin Jeff Neuman:If some people got scared away, some did not. Lets find out why some infringers were not scared away Kristine Dorrain:I think "intent" is stiil subjective. Robin Gross:Perhaps some of the would-be registrants in Brett's data could provide some clarification about their intentions. Susan Payne:All, apologies for having to go. I will catch up on the recording Kathy:Bye Susan! David Tait:Thanks Susan Scott R. Austin:Intent in this case will always be circumstantial and that an attempt to register a registered mark as a domain is a coin toss on aware or unaware of the mark, an innocent who just picked the string by chance or a serial cybersquatter playing the lottery of enforcement David Tait:Yes Kathy:I don't understand Jeff's question and suggest we revise. Mary Wong:Got it, Jeff - sorry about that. Kathy:Now I understand. Tx and good rephrasing Philip Corwin:These questions are asking for opinions. I'm not against that, but we should ask for any data they have that backs up their opinions. Kathy:Good point. Kristine Dorrain:yes, Phil. I agree. We need to be explicit about that. Michelle DeSmyter:Welcome Vaibhav! Vaibhav Aggarwal:hey guys I know I missed but still wanted to get on. just parked Kristine Dorrain:No obejctions Vaibhav Aggarwal:hey Michelle Philip Corwin:My subjective opinion is that sophisticated cybersquatters don't care about the claims notice because they have probably furnished false WHOIS data and have no intention of responding to a UDRP or URS, while amateur or inadvertent cybersquatters are deterred by it. Kristine Dorrain:Personal opinion: you're probably right. The hard part is crafting the questions to gain the right data to prove/disprove that.... Philip Corwin:Thx--and that was my personal opinion, co-chair hat off Kathy:Good point, Susan!! Kristine Dorrain:Thanks everyone! Robin Gross:Thanks, bye. Vaibhav Aggarwal:thnx and a great weekend too Vaibhav Aggarwal:yippee

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