January 2018 - GNSO-RPM-WG - lists.icann.org

Proposed agenda for RPM Working Group call on 17 January; no call on 24 January
by Mary Wong Jan. 17, 2018

Jan. 17, 2018

Dear all, Here is the proposed agenda for the Working Group call tomorrow, 17 January, scheduled for 1800 UTC: 1. Roll call (via Adobe Connect and phone bridge only); updates to Statements of Interest 2. Staff presentation – updated data on URS cases (follow up from initial staff presentation at ICANN60 – see attached updated tables and charts) 3. Working Group discussion – standardized questions for each of the listed URS review topics (see updated URS Discussion Document, circulated on Friday 12 January and posted here as a 12 January update: https://community.icann.org/x/tAxyB) 4. Next steps/next meeting Please note that there will not be a Working Group call next week (24 January), as the staff team will all be attending the Policy Department’s annual strategic planning meeting and will not be available to support a call. The next Working Group call after this week’s 17 January call will therefore be on 1 February at 0400 UTC (for North/Latin American members, this will be the evening/night of 31 January). Finally, and as a reminder, please send us any suggestions you may have on potential respondents to our upcoming Request for Proposals relating to the data collection survey work on Sunrise and Trademark Claims. Cheers Mary, Julie, Ariel and Berry From: Mary Wong <mary.wong(a)icann.org> Date: Friday, January 12, 2018 at 18:32 To: "gnso-rpm-wg(a)icann.org" <gnso-rpm-wg(a)icann.org> Subject: Re: [gnso-rpm-wg] Action Items from 10 January Working Group Call Hello everyone, Following up from the first action item from the Working Group call this past Wednesday, please find attached the updated draft URS Discussion Document. The document includes the suggestions made on the call for which no objections were received; staff has included notes on these in the table to facilitate your review of the discussion. Staff continues to work on the “parking lot” document that will contain all other suggestions made after the ICANN60 sessions and will circulate that when it is ready. We hope that both documents, along with the session and call recordings and transcripts, will reflect the Working Group’s deliberations to date on scoping a review of the URS. Thanks and cheers Mary, Julie, Ariel and Berry From: gnso-rpm-wg <gnso-rpm-wg-bounces(a)icann.org> on behalf of Julie Hedlund <julie.hedlund(a)icann.org> Date: Wednesday, January 10, 2018 at 16:47 To: "gnso-rpm-wg(a)icann.org" <gnso-rpm-wg(a)icann.org> Subject: [gnso-rpm-wg] Action Items from 10 January Working Group Call Dear all, The action items noted by staff from the Working Group call held on 10 January 2018 are as follows: 1. Staff will update the Compilation of Current URS Discussion Documents based on the suggested edits from the 10 January meeting. 2. Staff will work with the Co-Chairs to develop a historical timeline for development of the URS in the New gTLD Program. Staff will post to the wiki space the action items and notes. Please note that these will be high-level notes and are not meant as a substitute for the transcript or recording. The recording, transcript, Adobe Connect chat, and attendance records are posted on the wiki. Best regards, Julie Julie Hedlund, Policy Director

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With attachment (Re: Proposed agenda for RPM Working Group call on 17 January; no call on 24 January)
by Mary Wong Jan. 16, 2018

Jan. 16, 2018

Apologies, I forgot to attach the updated URS data tables and charts. Here they are. Thank you! From: Mary Wong <mary.wong(a)icann.org> Date: Tuesday, January 16, 2018 at 13:34 To: "gnso-rpm-wg(a)icann.org" <gnso-rpm-wg(a)icann.org> Subject: Proposed agenda for RPM Working Group call on 17 January; no call on 24 January Dear all, Here is the proposed agenda for the Working Group call tomorrow, 17 January, scheduled for 1800 UTC: 1. Roll call (via Adobe Connect and phone bridge only); updates to Statements of Interest 2. Staff presentation – updated data on URS cases (follow up from initial staff presentation at ICANN60 – see attached updated tables and charts) 3. Working Group discussion – standardized questions for each of the listed URS review topics (see updated URS Discussion Document, circulated on Friday 12 January and posted here as a 12 January update: https://community.icann.org/x/tAxyB) 4. Next steps/next meeting Please note that there will not be a Working Group call next week (24 January), as the staff team will all be attending the Policy Department’s annual strategic planning meeting and will not be available to support a call. The next Working Group call after this week’s 17 January call will therefore be on 1 February at 0400 UTC (for North/Latin American members, this will be the evening/night of 31 January). Finally, and as a reminder, please send us any suggestions you may have on potential respondents to our upcoming Request for Proposals relating to the data collection survey work on Sunrise and Trademark Claims. Cheers Mary, Julie, Ariel and Berry From: Mary Wong <mary.wong(a)icann.org> Date: Friday, January 12, 2018 at 18:32 To: "gnso-rpm-wg(a)icann.org" <gnso-rpm-wg(a)icann.org> Subject: Re: [gnso-rpm-wg] Action Items from 10 January Working Group Call Hello everyone, Following up from the first action item from the Working Group call this past Wednesday, please find attached the updated draft URS Discussion Document. The document includes the suggestions made on the call for which no objections were received; staff has included notes on these in the table to facilitate your review of the discussion. Staff continues to work on the “parking lot” document that will contain all other suggestions made after the ICANN60 sessions and will circulate that when it is ready. We hope that both documents, along with the session and call recordings and transcripts, will reflect the Working Group’s deliberations to date on scoping a review of the URS. Thanks and cheers Mary, Julie, Ariel and Berry From: gnso-rpm-wg <gnso-rpm-wg-bounces(a)icann.org> on behalf of Julie Hedlund <julie.hedlund(a)icann.org> Date: Wednesday, January 10, 2018 at 16:47 To: "gnso-rpm-wg(a)icann.org" <gnso-rpm-wg(a)icann.org> Subject: [gnso-rpm-wg] Action Items from 10 January Working Group Call Dear all, The action items noted by staff from the Working Group call held on 10 January 2018 are as follows: 1. Staff will update the Compilation of Current URS Discussion Documents based on the suggested edits from the 10 January meeting. 2. Staff will work with the Co-Chairs to develop a historical timeline for development of the URS in the New gTLD Program. Staff will post to the wiki space the action items and notes. Please note that these will be high-level notes and are not meant as a substitute for the transcript or recording. The recording, transcript, Adobe Connect chat, and attendance records are posted on the wiki. Best regards, Julie Julie Hedlund, Policy Director

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Impact of GDPR on URS (and later UDRP)
by George Kirikos Jan. 13, 2018

Jan. 13, 2018

Hi folks, With the WHOIS changes that are apparently coming due to GDPR, e.g. see: https://opensrs.com/blog/2017/11/gdpr-updates-whois-changes/ https://opensrs.com/wp-content/uploads/gdpr_ind.pdf this will likely require that we review the impact on URS (and later UDRP) procedures that provide notice to registrants, as well as other technical aspects. e.g. the URS contains lines like: "1.2 Contents of the Complaint: .... 1.2.3 Name of Registrant (i.e. relevant information available from Whois) and Whois listed available contact information for the relevant domain name(s)." This information will no longer be public for a class of registrants (depending on the implementation by registrars). It's different from "Proxy" WHOIS, where there is a *public* contact point (who can then change it to the true underlying registrant) If there's no other group looking at this issue, it would appear that it would fall to us to make any relevant technical changes to the URS (and UDRP) *before* our final report, to meet the GDPR deadline. Otherwise, in a post GDPR setting, the existing policies might lead to problems for all parties (complainant, registrar, registrant, registry, providers, etc.). Perhaps as a starting point, we should canvass the URS (and UDRP?) providers for their GDPR implementation plans? Sincerely, George Kirikos 416-588-0269 http://www.leap.com/

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Reminder: Public Comment on new draft sections of CCT-Review Team report closing soon
by Mary Wong Jan. 12, 2018

Jan. 12, 2018

Dear all, Please note that the public comment period for the new draft sections of the report from the Competition, Consumer Protection & Consumer Trust Review Team (CCT-RT) will close on Monday 15 January: https://www.icann.org/public-comments/cct-recs-2017-11-27-en. The page includes links to the specific draft text, including the section on rights protection mechanisms. You may recall that the CCT-RT leaders met with our Working Group at ICANN60 to describe the new draft section pertaining to rights protection mechanisms. If you or your group are planning to submit a comment on this section to the CCT-RT, the materials and transcripts from that ICANN60 meeting can be found here: https://schedule.icann.org/event/CbK7/gnso-review-of-all-rights-protection-… Thanks and cheers Mary, Julie, Ariel and Berry

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Recordings, Attendance, & AC Chat for Review of all Rights Protection Mechanisms (RPMs) PDP Working Group call on Wednesday, 10 January 2018
by Terri Agnew Jan. 11, 2018

Jan. 11, 2018

Dear all, Please find the attendance and AC Chat transcript of the call attached to this email. The MP3 and Adobe Connect recording are below for the Review of all Rights Protection Mechanisms (RPMs) PDP Working Group call held Wednesday, 10 January 2018 at 18:00 UTC. Attendance and recordings of the call is posted on agenda wiki page: https://community.icann.org/x/tAxyB MP3: <https://audio.icann.org/gnso/gnso-rpm-review-10jan18-en.mp3> https://audio.icann.org/gnso/gnso-rpm-review-10jan18-en.mp3 Adobe Connect recording: <https://participate.icann.org/p9bbv3r44tb/?OWASP_CSRFTOKEN=a6178ff179b97849 5f6a7259488823ceb7cb83d3576b863a8e05047241c62360> https://participate.icann.org/p9bbv3r44tb/ The recordings and transcriptions of the calls are posted on the GNSO Master Calendar page: https://gnso.icann.org/en/group-activities/calendar ** Please let me know if your name has been left off the list ** Mailing list archives: <http://mm.icann.org/pipermail/gnso-rpm-wg/> http://mm.icann.org/pipermail/gnso-rpm-wg/ Main wiki page for the working group: https://community.icann.org/x/wCWAAw Thank you. Kind regards, Terri

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Action Items from 10 January Working Group Call
by Julie Hedlund Jan. 10, 2018

Jan. 10, 2018

Dear all, The action items noted by staff from the Working Group call held on 10 January 2018 are as follows: 1. Staff will update the Compilation of Current URS Discussion Documents based on the suggested edits from the 10 January meeting. 2. Staff will work with the Co-Chairs to develop a historical timeline for development of the URS in the New gTLD Program. Staff will post to the wiki space the action items and notes. Please note that these will be high-level notes and are not meant as a substitute for the transcript or recording. The recording, transcript, Adobe Connect chat, and attendance records are posted on the wiki. Best regards, Julie Julie Hedlund, Policy Director

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Vendor Suggestions for RFP
by Ariel Liang Jan. 9, 2018

Jan. 9, 2018

Dear All, Staff preparation for the RPMs Survey RFP is close to completion and we are in position to launch the RFP slightly earlier than anticipated. In preparation for the launch, we will appreciate WG members’ input on potential vendors to reach out to for the RFP. If you have suggestions on potential vendors, by Monday, 15 January, please provide: 1) legal entity name of the potential vendor, 2) name of the contact person, and 3) email address of contact person. Due to privacy concerns, please send suggestions directly to ariel.liang(a)icann.org<mailto:ariel.liang@icann.org>. The contact information will be pre-loaded into the ICANN RFP system, which will generate an auto message when the RFP is launched, inviting suggested vendors to submit proposals. Thank you for your time and input! Best Regards, Mary, Berry, Julie, and Ariel

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Food for Thought: DMCA procedure at YouTube contrast with URS/UDRP
by George Kirikos Jan. 8, 2018

Jan. 8, 2018

Hi folks, There was an interesting article published today about a copyright dispute involving "white noise" videos on YouTube: https://gizmodo.com/man-s-youtube-video-of-white-noise-hit-with-five-copyri… which linked to the dispute procedure that YouTube follows: https://support.google.com/youtube/answer/2797454 Going through the various links, it was very interesting that they even have a "Copyright School", see: https://support.google.com/youtube/answer/2814000 (expand the "How to resolve a copyright strike" to see the link to it), which is quite interesting, given how often the education aspect for registrants has come up in our PDP's work. Also of interest is the section on "Counter Notification Basics": https://support.google.com/youtube/answer/2807684 where importantly it says: "After we process your counter notification by forwarding it to the claimant, the claimant has 10 business days to provide us with evidence that they have initiated a court action to keep the content down." and it's the content creator who posts the relevant jurisdiction: https://support.google.com/youtube/answer/6005919 ""I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which YouTube is located, and will accept service of process from the claimant." As noted in prior threads, various issues arise under the URS (and UDRP) when the natural role of plaintiffs vs. defendants (had the URS/UDRP not existed) gets reversed (e.g. the Yoyo.email UK "cause of action issue", as well as IGO and other groups' claimed "sovereign immunity"). With the dispute resolution procedure followed by YouTube, instead the onus is on the copyright owner (the "claimant") to file the lawsuit, in the same natural way that would exist had that dispute resolution procedure not existed. Thus, none of the issues due to reversal of plaintiff/defendant arise. I thought it would be of interest, especially as it also might also give insights as to how "defaults" are handled. Food for thought. Sincerely, George Kirikos 416-588-0269 http://www.leap.com/

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FOR REVIEW & DISCUSSION: Updated URS table (Re: Action Items from 03 January Working Group Call)
by Mary Wong Jan. 8, 2018

Jan. 8, 2018

Dear all, As noted under the first action item from the Working Group call this past Wednesday, please find attached an updated version of the draft URS compilation document currently under discussion by the Working Group. The document is being sent in redlined format, so that you can see the updates that were made. It has also been posted to the Working Group wiki space along with the recording and transcript from the meeting: https://community.icann.org/x/sgxyB. Staff continues to work on the second action item (i.e. the “parking lot document” containing all suggestions made to date but that have yet to be discussed by or agreed to by the Working Group). Based on consultations with the Working Group co-chairs, staff anticipates that the Working Group will continue to discuss the draft URS compilation document (as updated) at its upcoming call on Wednesday 10 January. Additional suggestions and proposals received will be added to the “parking lot document” pending further agreement among the Working Group as to what additions, modifications and deletions should be made to the list of topics and questions currently contained in the draft document. Cheers Mary, Julie, Ariel and Berry From: gnso-rpm-wg <gnso-rpm-wg-bounces(a)icann.org> on behalf of Julie Hedlund <julie.hedlund(a)icann.org> Date: Thursday, January 4, 2018 at 16:04 To: "gnso-rpm-wg(a)icann.org" <gnso-rpm-wg(a)icann.org> Subject: [gnso-rpm-wg] Action Items from 03 January Working Group Call Dear all, The action items noted by staff from the Working Group call held on 03 January 2018 are as follows: 1. Update the table based on the new topics agreed to during the meeting. 2. Record proposed new questions and topics in a separate document received since ICANN60, but have yet to be discussed and/or have WG agreement. 3. Question to Chairs/Staff: When will the providers be asked to present (and possibly answer some very simple questions)? Staff will post to the wiki space the action items and notes. Please note that these will be high-level notes and are not meant as a substitute for the transcript or recording. The recording, transcript, Adobe Connect chat, and attendance records are posted on the wiki. Best regards, Julie Julie Hedlund, Policy Director

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Action Items from 03 January Working Group Call
by Julie Hedlund Jan. 4, 2018

Jan. 4, 2018

Dear all, The action items noted by staff from the Working Group call held on 03 January 2018 are as follows: Update the table based on the new topics agreed to during the meeting. Record proposed new questions and topics in a separate document received since ICANN60, but have yet to be discussed and/or have WG agreement. Question to Chairs/Staff: When will the providers be asked to present (and possibly answer some very simple questions)? Staff will post to the wiki space the action items and notes. Please note that these will be high-level notes and are not meant as a substitute for the transcript or recording. The recording, transcript, Adobe Connect chat, and attendance records are posted on the wiki. Best regards, Julie Julie Hedlund, Policy Director

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