April 2016 - GNSO-RPM-WG - lists.icann.org

Introduction
by Rudi Vansnick (NPOC) April 21, 2016

April 21, 2016

Having spend a bit more then 10 years in ICANN, first in the ALAC community, and a few years ago moved over to NPOC in GNSO. During my ALAC period I as essentially focused on the impact of the DNS on the internet users. I had the chance to be the liaison to the ccNSO for about 2 years. Thus allowing me to understand how this community was operating. As said, 4 years ago I moved over to NPOC as I discovered the NGO community did not really have enough power/voice in the DNS space. With the roll-out of the new GTLDs a lot NGO’s lost track of what domain name to register, what their rights for registering a domain name are. That’s one of the reasons I’ve put my name forward for this WG and always willing to assist in co-chairing specific WGs, for instance the TMCH one is of special interest to me (and perhaps also to the NGO community). Rudi Vansnick Chair Non-for-Profit Operational Concerns Constituency (NPOC) www.npoc.org <http://www.npoc.org/>

1 0

Introduction
by Kiran Malancharuvil April 21, 2016

April 21, 2016

Hello All: My name is Kiran Malancharuvil. I am the Policy Counselor at MarkMonitor and I am the primary representative of MarkMonitor to the Intellectual Property Constituency. I currently serve on the IPC Leadership Team as Participation/Policy Coordinator). I am a member of the International Trademark Association (INTA) Internet Committee (and chair of the Geographic Terms, ccTLDs and IDNs Subcommittee). I am a trademark attorney by education and training and I have experience in international and domestic trademark prosecution, litigation, anti-counterfeiting, anti-piracy and anti-fraud enforcement efforts and brand protection counseling. My current focus is consumer protection advocacy and I work with domestic and international governments and trade organizations to further this goal. Here is my updated SOI: https://community.icann.org/display/gnsosoi/Kiran+Malancharuvil+SOI I am looking forward to working with you all. Best, Kiran Kiran Malancharuvil Policy Counselor MarkMonitor 415.222.8318 (t) 415.419.9138 (m) www.markmonitor.com<http://www.markmonitor.com/>

1 0

Action items from the first Working Group meeting on 21 April 2016
by Mary Wong April 21, 2016

April 21, 2016

Dear Working Group participants, Thank you to the members who were able to join the call today; for everyone’s information (including members who could not join as well as our mailing list observers), here are the action items from the call: Selection of Working Group Chair(s): * Members who were on the call agreed that the proposal to have three co-chairs for this WG – Kathy Kleiman, Philip Corwin and J. Scott Evans – should be reported to the mailing list to allow for any objections to be submitted within 7 days of posting. Please look for an email from staff shortly with this information. * If no objections are received, or if any are received but are resolved, the names of the three proposed co-chairs will be forwarded to the GNSO Council as this WG’s Chartering Organization for its confirmation and approval. This is anticipated to take place at the Council’s next meeting on 12 May. * In the interim, Kathy, Phil and J Scott will assume co-chairing functions immediately. Scheduling of future WG meetings: * Staff will create and send to the mailing list a Doodle poll that all members will be invited to fill in with their preferred time slots for future meetings. It is likely that some form of rotation will be the norm, to allow as many members to participate in calls as possible. * The chairs will review the results of the poll and the likely geographical spread of members, to try to pick proposed times (allowing for rotation) to be confirmed by the next WG meeting. Please look for an email shortly from staff with a link to the poll. Next WG meeting: * Co-chairs to work with staff to finalize a day and time for the second WG meeting (at the moment, it will likely take place on Wednesday 27 April, possibly following the ICANN Quarterly Stakeholder Call which is currently scheduled for 1500 UTC). * Co-chairs to propose future meeting times starting from the third WG meeting * Co-chairs to work with staff to prepare a draft Work Plan for WG review and discussion Additional Notes: * For members - please remember to create or update your Statement of Interest if you have not yet done so. This is a mandatory requirement for participation in a GNSO Working Group, and members who fail to complete a SOI after the WG has started its meetings will have their status changed to that of Observers. * All WG calls are recorded and transcribed, and these are all posted (along with meeting agendas and other relevant documents) to the WG wiki space when available; the wiki lists all WG meetings by date: https://community.icann.org/x/5iWAAw. * The staff presentation today has already been posted as part of the Background Documents page: https://community.icann.org/x/4SWAAw. Staff will continue to update this page as new and relevant background materials are identified by the WG for review. Thank you. 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

2 2

Attendance and MP3 RPM WG Thursday, 21 April 2016 at 15:00 UTC
by Terri Agnew April 21, 2016

April 21, 2016

Dear All, Please find the attendance of the call attached to this email and the MP3 recording below for the Review of all Rights Protection Mechanisms (RPMs) in all gTLDs PDP Working Group call held on Thursday, 21 April 2016 at 15:00 UTC. MP3: http://audio.icann.org/gnso/gnso-rpm-review-21apr16-en.mp3<http://mailer.samanage.com/wf/click?upn=NrFWbrBstcrPWP369qgbqlXiSKeL20xnUXz…> The recordings and transcriptions of the calls are posted on the GNSO Master Calendar page: http://gnso.icann.org/en/group-activities/calendar<http://gnso.icann.org/en/group-activities/calendar#nov> ** Please let me know if your name has been left off the list ** Mailing list archives: http://mm.icann.org/pipermail/gnso-rpm-wg/ Wiki page: https://community.icann.org/x/wCWAAw Thank you. Kind regards, Terri Agnew ------------------------------- Adobe Connect chat transcript for 21 April 2016: Terri Agnew:Welcome to the Review of all Rights Protection Mechanisms (RPMs) in all gTLDs PDP Working Group held on Thursday, 21 April 2016 Terri Agnew:wiki workspace: https://community.icann.org/x/wCWAAw Terri Agnew:member page/soi: https://community.icann.org/x/3iWAAw Terri Agnew:If you do wish to speak during the call, please either dial into the audio bridge and give the operator the password RDS, OR click on the telephone icon at the top of the AC room to activate your AC mics. Please remember to mute your phone and mics when not talking. Philip Corwin:Good morning all. We are about to start a long and challenging journey. Terri Agnew:**update to join on the telephone the passcode is RPM Review (not RDS) George Kirikos:Good morning, everyone. VAIBHAV AGGARWAL:Good Evening Petter Rindforth:Good afternoon ;-) Jonathan Frost:Good morning :) Maxim Alzoba (FAITID):Hello Everyone George Kirikos:Hi Vaibhav, Petter, Jonathan and Maxim. How are you today?? Salvador Camacho Hernandez:Hello Everyone. Greetings from Mexico City Maxim Alzoba (FAITID):@George Fine, thanks Petter Rindforth:It's a nice day and I'm looking forward to work with you all on these topics Paul Tattersfield:Hi everyone George Kirikos:Hi Salvador and Paul. Kathy Kleiman:Hi All! VAIBHAV AGGARWAL:Evning Geogrge George Kirikos:Hi Kathy. Greg Shatan:Hello all! George Kirikos:Hi Greg. George Kirikos:Looks like a solid turnout so far. Huthaifa:Hi all VAIBHAV AGGARWAL::-) Peter Mueller:Hi all Darcy Southwell:Hello! George Kirikos:Here's the member list and SOIs, for convenience purposes: https://community.icann.org/pages/viewpage.action?pageId=58729950 Rudi Vansnick:sunny greeetings from Belgium ;-) Edward Morris:Hello Rudi Marina Lewis:Hi everyone! Grace Mutung'u:Hello everyone! Amr Elsadr:I'm in the AC room now. Roger Baah:Hello All Gabriela Szlak:Hi Amr :) Mary Wong:As a reminder, Observer status means read-only rights to the mailing list, and no participation in the calls. Mary Wong:Working Group Guideliens: http://gnso.icann.org/en/council/annex-1-gnso-wg-guidelines-16feb16-en.pdf George Kirikos:Observers can still submit public comments, once those public comment periods open up, though. Rudi Vansnick:@Mary : observer : calls - no verbal interventions but they can listen into the call ? Mary Wong:The relevant principles Phil just mentioned are in Section 2.1.4.1 Mary Wong:@Rudi, no - they cannot join the call but can of course listen to the recording and view the transcripts after the call. VAIBHAV AGGARWAL:@Rudi - Observer :-) Kathy Kleiman:@Mary and All: People can easily move on and off the Observer list to Membership status. George Kirikos:Folks can raise their hands to queue up to speak. Greg Shatan:ICANNs are Icons used in ICANN meetings... Rudi Vansnick:@Vaibhav : no I'm a member of the group ;) Mary Wong:@Kathy, yes - and vice versa, especially for a Working Group of some length and intensity. George Kirikos:Are the "speed up" and "slow down" icons new? (rabbit and turtle) :-) Amr Elsadr:Happy with the Phil/Kathy/J.Scott package. Amr Elsadr:I mean as 3 co-chairs. Rudi Vansnick:I agree Petter Rindforth:Perfect solution! George Kirikos:Perhaps ask a public question, i.e. whether to support the "troika" method, and call an "Agree" / "Disagree" vote, with the icons? Philip Corwin:@George - I'll let Mary or other staff opine on proper way to adopt the equaly Co-Chair proposal Amr Elsadr:Chuck and J.Scott did a great job co-chairing the working group just referred to. Volker Greimann:did we lose sound or is it just me? Paul Tattersfield:it was ok here Amr Elsadr:Sound's fine on my end (using the phone bridge). George Kirikos:Sound is fine via the phone (not sure about Adobe, as I muted it). Maxim Alzoba (FAITID):adobe audio works Sonigitu Ekpe:Greetings all, from Calabar - Nigeria. Sorry for being late. Alistair Payne:I had a similar adobe audio issue but called in and the phone line works well Edward Morris:Hello Sonnigitu. Welcome! Amr Elsadr:3 Co-consuls. Kathy Kleiman:Tx to Danny and Petter for their leadership - now and in the future J. Scott Evans:mary is really breaking up on my line Doug Isenberg:Mary's audio is very choppy Greg Shatan:Same here Darcy Southwell:Same for me Amr Elsadr:I thought the audio was just bad on my end. Jon Nevett:I move that these three wonderful folks serve as our chair Maxim Alzoba (FAITID):high jitter VAIBHAV AGGARWAL:Yes Bad Connection I guess George Kirikos:Here too. Is Mary on VOIP? VAIBHAV AGGARWAL:Cant understand Doug Isenberg:Mary is unintelligible Volker Greimann:torrenting on the side? Mary Wong:Sorry Amr Elsadr:Agree with Mary's suggested plan forward. Maxim Alzoba (FAITID):Doodle poll ? George Kirikos:lol Volker Volker Greimann:the new linux distribution, of course J. Scott Evans:I would recommend that we post the names to the list for a period of 7 days. VAIBHAV AGGARWAL:Scott +1 Mary Wong:@Phil, @J Scott - yes Doug Isenberg:Now Phil's audio is gone George Kirikos:It'd be better to perhaps have a quick vote here ---- it would save us from 50+ emails of "+1" or "I support" VAIBHAV AGGARWAL:I also want to understand the format for INternational Inclusion Greg Shatan:"Cerberus"? VAIBHAV AGGARWAL:as Policies changing George Kirikos:(all those emails can be overwhelming) Doug Isenberg:Working now Mary Wong:Following that period, assuming no objections, we will send the names to the Council for their confirmation - their next meeting is in May. VAIBHAV AGGARWAL:around the world Amr Elsadr:@George: if we make the selection on the call, others who are not on will not be part of the decision. Best to do this on-list IMHO. Maxim Alzoba (FAITID):let's try Doodle poll instead of e-mails Darcy Southwell:Agree. J. Scott Evans:The notice should request ONLY objections or additional proposals to try a quell the deluge of emails. Greg Shatan:Mary, does that mean that the co-Chairs can't be seated until GNSO Council approves? Roger Baah:I think thats a good idea George Kirikos:Not a formal selection, Amr, but just a quick "show of support", which could be overriden on the list, if those who couldn't make it object. Paul Tattersfield:J Scott +1 Lars Hoffmann:https://community.icann.org/x/4SWAAw Amr Elsadr:@George: Ok. Gotcha. Mary Wong:@Greg, typically the WG just proceeds with the new team - on the assumption that if the Council does in fact object, there will then need to be a new selection. George Kirikos:i.e. something like "48 out of 55" showed support, 6 objected, 1 abstained", etc. and then call for any additional comments/objections; otherwise, proceed to the GNSO. Or agree with J. Scott, just have objections, to save bandwidth on the mailing list. Mary Wong:@George, we recommend asking for objections - of course, members can always submit those privately to either staff or one of the candidates if they prefer. VAIBHAV AGGARWAL:There should be a Voting George Kirikos:(Otherwise, the time of the 50 members here live is somewhat wasted listening passively, when they have an opportunity to be "active' by changing the icon.) Maxim Alzoba (FAITID):URS in not on the page - is it due being the same phase as UDRP? VAIBHAV AGGARWAL:@George +1 Jan Janssen:Will the PICDRP also be up for review in Phase 1? Philip Corwin:URS is phase 1 George Kirikos:URS + TMCH + PICDRP? Amr Elsadr:PICDRP is not specific to this PDP. Susan Payne:+1 lars Mary Wong:Not the PICDRIP, but the Post Delegation DRP (PDDRP) Amr Elsadr:This PDP is about trademarks, not the public interest commitments in the RA. Amr Elsadr:PICS will be reviewed in the new gTLD subsequent procedures PDP. I'm assuming the PICDRP will be as well. Jan Janssen:Thank you for the cle clarification Amr. Amr Elsadr:No worries. Lars Hoffmann:https://community.icann.org/x/4SWAAw George Kirikos:Don't send attachments, please. Maxim Alzoba (FAITID):it is batter to send a URL George Kirikos:Post it to the wiki. Maxim Alzoba (FAITID):*better Mary Wong:@George, we will certainly do that (post to the wiki) Lars Hoffmann:The PPT is already on the wiki. You can find it here: https://community.icann.org/x/4SWAAw Salvador Camacho Hernandez:Thanks Lars! Ankur Raheja:Thanks George Kirikos:We should also be gathering data, to inform policy decisions. George Kirikos:(beyond the data already collected) Mary Wong:@George, there is a process for the WG to request certain types of data, should the WG wish to do so. VAIBHAV AGGARWAL:@Lars PLease share the Link in the presentation here Susan Payne:no voice - sorry I will put in chat Susan Payne:just a question about the independent review of the TMCH that Analysis Group is conducting now and how it will inform our work? George Kirikos:Doodle poll, perhaps, to see which times work best? Mary Wong:@Susan, staff that support that review have been added to the mailing list, and we anticipate reaching out to the Analysis Group for updates, briefings, interactions etc. Susan Payne:thanks Mary Lars Hoffmann:Here is a link to the main timezones for the members of this group: http://www.timeanddate.com/worldclock/meetingtime.html?month=4&day=28&year=… Sonigitu Ekpe:Thank will be great Mary Wong George Kirikos:Lars: that doesn't necessarily show preferences as to time; e.g. some might want to participate at night, vs. the day (i.e. if it conflicts with their jobs). Maxim Alzoba (FAITID):rotation of night calls between time zones might be fair Mary Wong:@George, yes, that is true. Hopefully it helps show the spread for starters. We can do a Doodle poll for more times, though note that we may not end up picking the most popular times as that may not cover the participants in those rgions with fewer members. George Kirikos:It should be a *weighted* rotation, though, to weight it by preferences. If 90% of people wanted to meet at 11 am (easter), and 10% prefer 6 pm (eastern), it wouldn't be optimal to rotate that 50:50. :-) George Kirikos:*easter=eastern Mary Wong:@George, right - that is certainly a good option. Maxim Alzoba (FAITID):Other continents sould be respected too :) Sonigitu Ekpe:+1 @George Mary Wong:@Phil, that is correct Mary Wong:And the transcript and recordings are all posted to the Working Group wiki space after they are available Neda Shahghasemi:Could you please specify which document contains the questions we are reviewing during the next meeting? Amr Elsadr:Emails from staff following every call also usually include notes taken and action items agreed to. Sonigitu Ekpe:Yes @Amr. Lars Hoffmann:you can find the final report and all other pertinent documents here: https://community.icann.org/x/4SWAAw Neda Shahghasemi:Thank you George Kirikos:But they were non-exhaustive questions/issues....we can raise more. Lars Hoffmann:sorry: final issue report Mary Wong:We will work with the Chairs to produce a draft Work Plan for the Working Group review and dsicussion as soon as possible, so you can see proposed methodology, timelines and key deliverables/milestones. Gabriela Szlak:Thanks to everyone, I need to leave a few minutes later, looking forward to work with all of you!!! Gabriela Szlak:earlier I meant Sonigitu Ekpe:Thank you. Kathy Kleiman:Both documents are very important: the Working Group Charter (7 pages) and the Final Issues Report from Staff to the GNSO Council that preceded the Charter (41 pages) Mary Wong:Yes Edward Morris:4 pm in London summer time Susan Payne:except for daylight savings Mary Wong:We will follow up with a notice to the mailing list Sara Bockey:FYI - conflicts with ICANN quarterly update George Kirikos:Sara raises a good point, if that's a conflict. George Kirikos:Or move the ICANN quarterly update. ;-) Mary Wong:@George, if we can do that it will be interesting! George Kirikos:Even Apple moved their quarterly earnings announcement for next week, so anything's possible. :-) Susan Payne:Thanks Phil George Kirikos:Bye everyone. Jonathan Frost:thanks all Paul Tattersfield:Thanks Phil, bye everyone J. Scott Evans:Thanks all. Thanks Phil. Maxim Alzoba (FAITID):Thanks Everyone Maxim Alzoba (FAITID):bye Darcy Southwell:Thanks, Phil and everyone! Doug Isenberg:Thanks, Phil Salvador Camacho Hernandez:Bye and thanks to everyone! Steve Levy:Looking forward to working with everyone Greg Shatan:Thanks, all! Bye! Jay Chapman:Thanks, Phil & all. Kathy Kleiman:Tx Phil and tx all! Mary Wong:Thanks, Phil and everyone. Rudi Vansnick:bye Roger Baah:thanks VAIBHAV AGGARWAL:Thanks - I hope we can connect. Any assistance in South Asia - let me know. 9899246969, va(a)bladebrains.com<mailto:va@bladebrains.com> Petter Rindforth:See you all next week! Marina Lewis:thanks, everyone Sonigitu Ekpe:Thank you all. Amr Elsadr:Thanks all. Bye. Philip Corwin:Bye all Peter Mueller:Buy all

1 0

Joint Message from Three RPM WG Leadership Candidates
by Phil Corwin April 21, 2016

April 21, 2016

Dear Members of the Rights Protection Measures Review Working Group: As the three candidates for WG leadership positions who have received substantial support from WG members, we wish to collectively thank all of you for committing to the very challenging and lengthy journey that lies before us, and for voicing support for us as potential WG Chairs. Each of us believes that our task is extremely important, and that whatever consensus recommendations this WG makes for post-review alterations in the new gTLD RPMs, and subsequently the UDRP, will if adopted likely be the "rules of the road" for ICANN trademark protection measures for many years to come. We have the collective opportunity to establish improved arbitration procedures and other safeguards that are more predictable and consistent for all parties, and that minimize the burden on trademark holders while recognizing the importance of domains as platforms for speech and commerce and as valuable intangible assets. We also believe that the odds of success will be substantially improved if this WG operates from its inception in a collegial and cooperative manner that, while maximally efficient, is committed to a balanced and fair hearing for all viewpoints, and is based upon empirical data and sound legal and policy analysis. It was in that spirit of mutual respect that we three engaged in a joint conference call on Friday, April 15th to discuss how to best facilitate a constructive path forward. As a result of that discussion, we wish to propose for your consideration the adoption of a leadership structure in which each of us serves as a co-equal Co-Chair. We collectively urge you to support that approach to leadership structure when we hold our first WG meeting on April 21st. We believe that in most instances we shall be able to reach consensus agreement regarding recommendations to you on the management of our work. In those (hopefully rare) instances where we fail to reach such agreement, we shall inform the membership of our different viewpoints and proceed in whatever manner garners consensus support. We are also in general agreement that portions of the task before us can best be facilitated by the creation of focused subgroups that will provide additional leadership opportunities for other members of this WG, with each of the Co-Chairs acting as an Ex Officio member of all subgroups in order to monitor their efforts and assist in coordination with our overall work plan. If selected as co-equal Co-Chairs, we shall immediately set to develop an initial work plan for your consideration so that we can begin engaging in substantive RPM review by the early part of May. It is our collective goal to develop final reports and recommendations that are consistent with the responsibilities established by this WG's Charter - and that every member of this WG can be proud of having a role in shaping. Again, we thank you for your support and look forward to joining with you on our initial WG call this coming Thursday. With best regards, Philip Corwin J. Scott Evans Kathy Kleiman Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/Cell Twitter: @VlawDC "Luck is the residue of design" -- Branch Rickey

24 23

Reminder: Key differences between Observer and Member
by Nathalie Peregrine April 21, 2016

April 21, 2016

Dear all, Just a reminder about the 2 statuses available to Working Group participants in the GNSO: OBSERVER: * Read-only access to the public discussion mailing list (in this case, gnso-rpm-wg(a)icann.org) * No access to Working Group conference calls (dial out details are communicated on the closed mailing list: ntfy-gnso-rpm-wg(a)icann.org, available to members only). * Access to all post-conference call materials posted on the Working Group wiki page MEMBER: * Can read and post to the public discussion mailing list (in this case, gnso-rpm-wg(a)icann.org) * Access to Working Group conference calls. Members are subscribed in a read-only capacity to the closed mailing list (ntfy-gnso-rpm-wg(a)icann.org) where staff circulate the dial in details for the conference calls. Please note only staff can post to this list. * Access to all post-conference call materials posted on the Working Group wiki page Please note that all members are required to submit a Statement of Interest to finalise their subscription to the Working Group. Failure to do so after several email reminders from staff will imply a change of status from Member to Observer. Please remember that you can change your status anytime with an email sent to: gnso-secs(a)icann.org Kind regards Nathalie

2 1

Re: [gnso-rpm-wg] Reminder: Key differences between Observer and Member
by Paul Keating April 20, 2016

April 20, 2016

I am sorry but I have a long-standing conflicting board meeting on the 21st and will not be able to attend this call. Sincerely, Paul Raynor Keating, Esq. Law.es <http://law.es/> Tel. +34 93 368 0247 (Spain) Tel. +44.7531.400.177 (UK) Tel. +1.415.937.0846 (US) Fax. (Europe) +34 93 396 0810 Fax. (US)(415) 358.4450 Skype: Prk-Spain email: Paul(a)law.es THE INFORMATION CONTAINED IN THIS E-MAIL IS CONFIDENTIAL AND MAY CONTAIN INFORMATION SUBJECT TO THE ATTORNEY/CLIENT OR WORK-PRODUCT PRIVILEGE. THE INFORMATION IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED. IF YOU ARE NOT THE INTENDED RECIPIENT, NO WAIVER OF PRIVILEGE IS MADE OR INTENDED AND YOU ARE REQUESTED TO PLEASE DELETE THE EMAIL AND ANY ATTACHMENTS. Circular 230 Disclosure: To assure compliance with Treasury Department rules governing tax practice, we hereby inform you that any advice contained herein (including in any attachment) (1) was not written or intended to be used, and cannot be used, by you or any taxpayer for the purpose of avoiding any penalties that may be imposed on you or any taxpayer and (2) may not be used or referred to by you or any other person in connection with promoting, marketing or recommending to another person any transaction or matter addressed herein. NOTHING CONTAINED IN THIS EMAIL SHALL CONSTITUTE THE FORMATION OF AN ATTORNEY/CLIENT RELATIONSHIP; SUCH A RELATIONSHIP MAY BE FORMED WITH THIS FIRM AND ATTORNEY ONLY BY SEPARATE FORMAL WRITTEN ENGAGEMENT AGREEMENT, WHICH THIS IS NOT. IN THE ABSENCE OF SUCH AN AGREEMENT, NOTHING CONTAINED HEREIN SHALL CONSTITUTE LEGAL ADVICE From: <gnso-rpm-wg-bounces(a)icann.org> on behalf of Nathalie Peregrine <nathalie.peregrine(a)icann.org> Date: Wednesday, April 20, 2016 1:42 PM To: "gnso-rpm-wg(a)icann.org" <gnso-rpm-wg(a)icann.org> Cc: "gnso-secs(a)icann.org" <gnso-secs(a)icann.org> Subject: [gnso-rpm-wg] Reminder: Key differences between Observer and Member > Dear all, > > Just a reminder about the 2 statuses available to Working Group participants > in the GNSO: > > OBSERVER: > * Read-only access to the public discussion mailing list (in this case, > gnso-rpm-wg(a)icann.org) > * No access to Working Group conference calls (dial out details are > communicated on the closed mailing list: ntfy-gnso-rpm-wg(a)icann.org, available > to members only). > * Access to all post-conference call materials posted on the Working Group > wiki page > > MEMBER: > * Can read and post to the public discussion mailing list (in this case, > gnso-rpm-wg(a)icann.org) > * Access to Working Group conference calls. Members are subscribed in a > read-only capacity to the closed mailing list (ntfy-gnso-rpm-wg(a)icann.org) > where staff circulate the dial in details for the conference calls. Please > note only staff can post to this list. > * Access to all post-conference call materials posted on the Working Group > wiki page > > Please note that all members are required to submit a Statement of Interest to > finalise their subscription to the Working Group. Failure to do so after > several email reminders from staff will imply a change of status from Member > to Observer. Please remember that you can change your status anytime with an > email sent to: gnso-secs(a)icann.org > > Kind regards > > Nathalie > _______________________________________________ gnso-rpm-wg mailing list > gnso-rpm-wg(a)icann.org https://mm.icann.org/mailman/listinfo/gnso-rpm-wg

1 0

Candidate Statement of Philip S. Corwin
by Phil Corwin April 20, 2016

April 20, 2016

This Candidate Statement is submitted for review by members of the Review of all Rights Protection Mechanisms (RPMs) in all gTLDs PDP Working Group, for which I am standing as a candidate for the position of Co-Chair. It is intended to supplement my Statement of Interest<https://community.icann.org/display/gnsosoi/Philip+S+Corwin+SOI>. It likely contains some background information that is new even for those WG members with whom I have interacted at ICANN for years. Early Years and Education I was born in Brooklyn, NY on the Ides of March in 1950, the mid-point of the 20th century. I attended P.S. 197 and later graduated from James Madison High School, a very large (5,000 students) public institution. I was most definitely a big city kid, but I also spent a considerable amount of time while growing up in St. Thomas, U.S. Virgin Islands; my father was a CPA and had many major clients there. My life as a frequent flyer began in the pre-jet year of 1954, when I accompanied my parents to St. Thomas via a DC-6 to San Juan, P.R., followed by a short hop in a DC-3 (in which you walked uphill to your seat). I attended the College of Arts & Science at Cornell University in Ithaca, NY, where I earned a B.A. in Government, and also began a pattern of publicly expressing my views as an Editor and Op-Ed writer for the Cornell Daily Sun newspaper. I obtained my J.D. law degree from Boston College Law School. Initial Washington Career The civil rights movement and Vietnam War inspired me to seek a career in public policy. I moved to the Washington, DC metro area forty years ago last month, after obtaining a junior staff position on the U.S. Senate Select Committee on Aging. The Committee worked in a largely bipartisan manner and I was involved in investigations, reports, and organizing hearings in both Washington and the field, as well as drafting statements and other materials for Committee members. After three years with the Committee I had developed substantial expertise regarding federal housing programs and policies and was hired to serve on the personal staff of Sen. Harrison Williams (D-NJ), who Chaired the Housing Subcommittee of the Banking Committee. I worked for the Senator on many issues besides housing, including tax policy and the Chrysler Loan Guarantee bill (which included a face-to-face meeting with Chrysler CEO Lee Iacocca). In late 1980 Sen. Williams was indicted (and later convicted) in the Abscam FBI "sting" bribery scandal; while I would not have chosen to experience my own personal version of "American Hustle", I learned a great many cautionary lessons from the episode that have served me well over subsequent years. The Senate's institutional motto was "we can disagree without being disagreeable". That standard is more difficult to find practiced in the U.S. Senate, or almost anywhere, these days - but I would hope that it is one that we in this WG can strive to operate by. In 1981 I was hired as a lobbyist by the Independent Bankers Association, a community bank trade association. In 1985 I joined the American Bankers Association, first as Senior Legislative Counsel in charge of legislative drafting, review, and analysis; and later as a Government Relations Director supervising a half dozen staff and charged with a portfolio that included consumer banking, bankruptcy law, money laundering compliance, wholesale and retail payments systems, and insurance activities. While at ABA I received media training from Roger Ailes (then a media consultant, now head of Fox News) and served as one of the Association's principal media spokespersons, a role that included numerous appearances on national TV programs under sometimes hostile questioning. Initial Internet Policy Involvement In the mid-90s, after a decade with the ABA, I began learning about the newly public Internet and came to believe that it would be a lasting and transformative technology, and that existing law and regulation was unlikely to make sense or be enforceable. I decided that I wanted to be involved with drafting the new "rules of the road" for the Internet. I consequently departed ABA in 1996 and began private practice focused on Internet and technology law and policy. (Aside: I continued to represent ABA on bankruptcy matters as outside counsel for another decade and a half, and was involved in the development and passage of sweeping 2005 bankruptcy reform legislation. Toward the end of the engagement the role entailed monitoring the arcane but highly relevant implementing activities of the Bankruptcy Rules Committee of the Judicial Conference of the United States.) My initial technology related clients included a biometric authentication firm on whose behalf I successfully lobbied for market-determined, technology neutral standards in groundbreaking federal electronic signature legislation. This experience included my first interaction with Verisign, which at the time was known for its encryption technology and not registry activities (being prior to its 2000 acquisition of Network Solutions, and long before its 2010 sale of the authentication business unit to Symantec); it was seeking a legislative outcome that would have only recognized the validity of its version of dual key cryptography. The high point of that e-signature engagement was having our amendment jointly offered on the Senate floor by the very liberal Sen. Pat Leahy (D-VT) and the quite conservative Sen. John Ashcroft (R-OH), demonstrating that technology policy was an area that could (sometimes) transcend traditional partisan differences. A few months later, in a ceremony broadcast live from the Mansfield Room in the U.S. Capitol, my client's technology was used to facilitate the first-ever electronic signing of federal legislation - the Y2K Liability bill, which after being digitally endorsed was, with a mouse click, immediately sent across the Internet to President Bill Clinton in the White House. During this time I was a very active member of the American Bar Association's new Cyberspace Law Committee, and made several personal connections that led to business engagements. One of them was a young attorney who became General Counsel for the early digital music distribution platform mp3.com, which hired me in 1999 to lobby on its behalf and began my involvement with Internet-related IP policy. The connections I made through mp3.com led later to a poolside lunch meeting at the Century Plaza Hotel in L.A. with Nickolas Zenstrom and Janis Friis, who had just supervised the code-writing for the Kazaa per-to-peer (P2P) file-sharing software (they would later go on to do the same for their next-generation P2P software dubbed Skype). They agreed to hire me to represent them in Washington, and shortly thereafter advised me that the majority of their Kazaa interests had been transferred to the newly established Sharman Networks of Sydney, Australia. That engagement evolved into an intense multi-year standoff on Capitol Hill between the tech sector and "Hollywood" over copyright law and policy for the digital age. ICANN Engagement and Activities In 2005 I was retained by Pool.com of Canada to lobby in tandem with the Coalition For Internet Transparency (CFIT), which opposed Commerce Department approval of the then highly controversial legal settlement between ICANN and Verisign over the .Com Registry Agreement (RA). My law partners and I were able to secure the only Congressional oversight hearing ever held on that matter, in Spring 2006 at the House Small Business Committee. Attending the hearing were several domain investors and their attorneys (at the time I was largely unaware of "domainers"). They explained that they were either unknown to policymakers or were unfairly regarded as cybersquatters, and that they wished to address the situation. After several months of discussion the Internet Commerce Association (ICA) was launched in September 2006 to represent the domain investment and development sector (its tenth anniversary is fast-approaching), and I have served as its Counsel continuously. One of ICA's first acts was to adopt a member Code of Conduct which prohibits such practices as intentional trademark infringement and the furnishing of false WHOIS data. (Incidentally, the Commerce Department endorsed the .com settlement in late 2006, and the revised .com RA later became the template for the standard new gTLD RA. The registry operator's presumptive right of renewal, which had once been controversial, later became commonplace.) The first ICANN meeting I ever attended was in Sao Paulo, Brazil in late 2006, where I was thrust onto a panel discussion of "domain tasting" and feigned a detailed knowledge after some very quick briefings. (ICA subsequently supported ICANN policy changes that eliminated abusive domain tasting.) I have attended every ICANN meeting since except for the one held in Nairobi, Kenya. In 2007 ICA applied for admission to the Business Constituency (BC), and was admitted after some very intense scrutiny. I have participated in a number of PDP WGs in the intervening years, and was an active participant (but not an official constituency representative) in the STI-RT that developed the new gTLD RPMs. In early 2015 I was elected by the BC to serve out the remaining year of the GNSO Council term of my friend and colleague Gabriela Szlak, who resigned due to a pregnancy that made it impossible for her to participate in 2015 ICANN meetings; she is now reengaged and a valued member of this RPM WG. Late last year my BC colleagues honored me by re-election to a full two-year Council term. During the second half of 2015 I also served as Acting Chair of the BC, a post that the rest of the Executive Committee requested I assume after the elected Chair resigned due to an employment change. I have also Chaired the BC's Credentials Committee (CC) for several years; the CC reviews new member applications and also conducts inquiries into allegations that a member has violated the BC Charter. I also Co-Chair the WG on Curative Rights Processes (CRP) for International Intergovernmental Organizations (IGOs); my fellow Co-Chair is IPC member Petter Rindforth, who has also joined this WG. After a very fast and efficient start, the CRP WG's efforts have been on hold for some time as we needed to secure funding from ICANN, and then find a suitable legal expert, to prepare a report on the recognized scope of sovereign immunity for IGOs in order to determine whether the UDRP provisions allowing for appeal to a court of mutual jurisdiction clashed with it. That expert report has just been received and we anticipate wrapping up the WG's efforts by summer; in any event, my Co-Chair duties there will not interfere with devoting necessary attention to leadership activities within this WG. In addition to my ICANN activities, I was accepted for a spot on the Internet Committee of the International Trademark Association (INTA) in 2014 and served through 2015 as a member of its Internet Governance Subcommittee. In that role I contributed to the drafting of several official INTA comments on the IANA transition and ICANN accountability. I have recently been appointed to a second two-year term on the Internet Committee and now serve, quite appropriately, as a member of its Subcommittee on the Future of IP at ICANN and on the Internet. In the course of my career I have testified before Congress on several occasions. In May 2015 I was honored to be a witness at a hearing held by the Subcommittee on Courts, Intellectual Property and the Internet of the U.S. House Judiciary Committee regarding "Stakeholder Perspectives on ICANN: The .Sucks Domain and Essential Steps to Guarantee Trust and Accountability in the Internet's Operation". The hearing video and witness statements are available at https://judiciary.house.gov/hearing/hearing-stakeholder-perspectives-icann/. That testimony, presented on behalf of ICA, contains two Executive Summary bullet points of direct relevance to this WG: * ICANN's request that the FTC and OCA determine whether the .Sucks gTLD business model is illegal is an abdication of responsibility rather than its embrace. ICANN had more than a year to explore and take action against the registry under available contract options. * The RPMs for new gTLDs are generally working satisfactorily. However, any corrective review of the URS as well of as the UDRP should include the establishment of uniform contracts between ICANN and arbitration providers that contain adequate enforcement mechanisms to ensure uniform administration. In my full testimony I stated: What happens with .Sucks is important not just for today but for any future round of new gTLDs. For if its pricing practices pass muster then the precedent has been set, and in the next round we can expect to see applications for .blows, .liar, .criminal, .scum, and a whole host of other pejorative terms with which no person or organization wants to be associated. Legitimate fair use criticism on the Internet does not require the existence of such gTLDs. Finally, I continue to write on a broad range of Internet policy matters and generally publish at the www.circleid.com<http://www.circleid.com> website. My articles tend to be highly documented, as I generally expect and take it in stride when others disagree with my conclusions, but am upset on those rare occasions when I misstate or omit a relevant fact. That concludes this relatively brief and highly selective review of my life and career. It's been a long strange trip, and I believe that the best is yet to come. Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/Cell Twitter: @VlawDC "Luck is the residue of design" -- Branch Rickey

1 0

Proposed agenda for the first Working Group meeting on Thursday 21 April 2016
by Mary Wong April 20, 2016

April 20, 2016

Dear Working Group members, Once again, welcome to our Working Group and this most recent GNSO Policy Development Process. If you are a Member (rather than an Observer), you should have received emails and a reminder about the first call as well as call-in and virtual meeting room details. In addition, for Members and Observers who are new to a GNSO Working Group or ICANN, staff has scheduled a webinar for Tuesday 26 April, at 1900 UTC that will walk you through the various communications and online tools that GNSO Working Groups use for our work – we encourage you to attend if you are not familiar with GNSO Working Group working methods and tools. Please RSVP using this form<http://goo.gl/forms/mR4HD9XNZU> if you can attend. Here is the proposed agenda for our first Working Group meeting scheduled for Thursday 21 April, 1500 UTC; this first meeting will be chaired by Phil Corwin, our GNSO Council liaison and interim Working Group Chair: 1. Welcome 2. Roll Call / Reminder about mandatory Statements of Interest 3. Introductions 4. Applicability of ICANN’s principles of transparency and openness to GNSO Working Groups 5. Selection of WG Leaders - Discussion of proposal presented by Kathy Kleiman, Philip Corwin and J. Scott Evans 6. Background Briefing to this PDP - Staff briefing on the scope of our Working Group Charter, the approach directed by the GNSO Council, and relevant GNSO processes (e.g. the PDP Manual and Working Group Guidelines) 7. Scheduling of Working Group meetings - Discussion of frequency, duration, and time zone rotation 8. Next steps / confirm next meeting - Preparation of draft Work Plan by Chair(s) and staff 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

1 0

Meeting Invitation/ Review of all Rights Protection Mechanisms (RPMs) in all gTLDs PDP Working Group Thursday, 21 April 2016 at 15:00 UTC
by Marie Pattullo April 20, 2016

April 20, 2016

With many apologies to all, I can't attend as this clashes with a meeting of the European Commission and current EU Presidency about counterfeiting. I very much look forward to reading the transcript however! By way of introduction also, I am the Senior Brand Protection Manager for AIM, the European Brands Association. All info here www.aim.be and of course my SOI is posted. Best to all Marie From: ntfy-gnso-rpm-wg-bounces(a)icann.org [mailto:ntfy-gnso-rpm-wg-bounces@icann.org] On Behalf Of Terri Agnew Sent: mardi 19 avril 2016 18:53 To: ntfy-gnso-rpm-wg(a)icann.org Cc: gnso-secs(a)icann.org Subject: [ntfy-gnso-rpm-wg] **sending again as new members have joined/ Meeting Invitation/ Review of all Rights Protection Mechanisms (RPMs) in all gTLDs PDP Working Group Thursday, 21 April 2016 at 15:00 UTC **Sending again as new members have joined. Dear All, The first call for the <https://community.icann.org/display/RARPMRIAGPWG/Review+of+all+Rights+Prote ction+Mechanisms+%28RPMs%29+in+all+gTLDs+PDP+Working+Group+Home> Review of all Rights Protection Mechanisms (RPMs) in all gTLDs PDP Working Group is scheduled for Thursday, 21 April 2016 at 15:00 UTC for 60 minutes. 08:00 PDT, 11:00 EDT, 1600 London, 17:00 CEST, 23:00 UTC Singapore For other times: <http://tinyurl.com/hzxz6yy> http://tinyurl.com/hzxz6yy 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. If you require a dial-out, please let me know. Please confirm your dial-out requests to GNSO Secretariats <mailto:gnso-secs@icann.org> gnso-secs(a)icann.org ______________________________________________________________________ Participant passcode: RPM Review 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 SAO PAULO: 55-11-3958-0779 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 CROATIA 080-08-06-309 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 36-1-700-8856 06-800-12755 INDIA BANGALORE: 91-80-48030674 INDIA MUMBAI: 91-22-49412807 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 ITALY ROME: 39-06-8751-6018 800-986-383 ITALY TORINO: 39-011-510-0118 800-986-383 JAPAN OSAKA: 81-6-7878-2631 0066-33-132439 JAPAN TOKYO: 81-3-6868-2631 0066-33-132439 LATVIA 8000-3185 LUXEMBOURG 352-27-000-1364 8002-9246 MALAYSIA 1-800-81-3065 MEXICO GUADALAJARA (JAL): 52-33-3208-7310 001-866-376-9696 MEXICO MEXICO CITY: 52-55-5062-9110 001-866-376-9696 MEXICO MONTERREY: 52-81-2482-0610 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 1800-111-42453 POLAND 00-800-1212572 PORTUGAL 8008-14052 ROMANIA 40-31-630-01-79 RUSSIA 8-10-8002-0144011 SAUDI ARABIA 800-8-110087 SINGAPORE 65-6883-9230 800-120-4663 SLOVAK REPUBLIC 421-2-322-422-25 0800-002066 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 TURKEY 00-800-151-0516 UNITED ARAB EMIRATES 8000-35702370 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, Terri !DSPAM:5716627233011232310919!

1 0