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

Actions: RPM PDP WG Meeting 04 September 2019
by Julie Hedlund Sept. 4, 2019

Sept. 4, 2019

Dear All, Please see below the action items captured by staff from the RPM PDP Working Group call held on 04 September 2019 at 17:00 UTC. Staff have posted these to the wiki space. Please note that these are high-level notes and are not meant as a substitute for the recording, chat room, or transcript. The recording, AC chat, transcript and attendance records are posted on the wiki at: https://community.icann.org/display/RARPMRIAGPWG/2019-09-04+Review+of+all+R…. Best Regards, Julie Julie Hedlund, Policy Director == NOTES & ACTION ITEMS Actions: Revision of Existing Proposals for Question 7: For consideration at the meeting on Wednesday, 11 September -- Kathy Kleiman, Zak Muscovitch, and Greg Shatan will consider whether to produce a combined revised version of their respective proposals (see attached revised proposal provided by Kathy and Zak, and the original proposals provided by Kathy and Greg).

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Post Call | Review of all Rights Protection Mechanisms (RPMs) in all gTLDS PDP WG | Wednesday, 04 September 2019 at 17:00 UTC
by Terri Agnew Sept. 4, 2019

Sept. 4, 2019

Dear all, All recordings for the Review of all Rights Protection Mechanisms (RPMs) in all gTLDS PDP WG call held on Wednesday, 04 September 2019 at 17:00 UTC can be found on the agenda wiki page<https://community.icann.org/x/k5DkBg> (attendance included) and the GNSO Master calendar <https://urldefense.proofpoint.com/v2/url?u=http-3A__gnso.icann.org_en_group…> . These include: * Attendance (please let me know if your name has been left off the attendance list) * Audio recording * Zoom chat archive * Zoom recording (including audio, visual, rough transcript) * Transcript As a reminder only members can join the call, observers can listen to the recordings and read the transcript afterwards. Please email gnso-secs(a)icann.org<mailto:gnso-secs@icann.org> if you would like to change your status from observer to member. For additional information, you may consult the mailing list archives <http://mm.icann.org/pipermail/gnso-rpm-wg/> and the main wiki page<https://community.icann.org/x/wCWAAw>. Thank you. With kind regards, Terri

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Proposed Agenda for RPM Meeting on 04 September 17:00-18:30 UTC
by Julie Hedlund Sept. 4, 2019

Sept. 4, 2019

Dear RPM WG members, Please find the agenda and materials for the WG meeting tomorrow, Wednesday, 04 September at 17:00-18:30 UTC. Please note the following actions captured from last week’s meeting and sent to the list last week: Actions: 1. Revision of Existing Proposals: For consideration at the meeting on Wednesday, 04 September, RPM PDP WG members who had previously submitted proposals relating to the Open TMCH Questions (see attached) may offer revised proposals that take into consideration the work completed by the WG since the proposals were originally submitted. 2. New Proposals: For consideration at the meeting on Wednesday, 04 September, RPM PDP WG members may submit new proposals relating to Charter questions 7, 8, and 10. Please send suggested revisions or new proposals by COB today, 03 September, if at all possible. Proposed Agenda: 1. Review Agenda and Updates to Statements of Interest 2. Proposals relating to Open TMCH Charter Questions (see attached Summary document. It is the same as the May 2017 version but with formatting for readability and text from relevant TMCH and AGB references): · Question 7 – Proposals from Kathy Kleiman and Greg Shatan · Question 8 – Proposals from Paul McGrady, Kathy Kleiman, Jonathan Agmon, and Claudio di Gangi · If Time Permits: Question 10 – Proposal from Michael Graham 1. AOB Best Regards, Mary, Julie, Ariel

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Actions: RPM PDP WG Meeting 28 August 2019
by Julie Hedlund Aug. 28, 2019

Aug. 28, 2019

Dear All, Please see below the action items captured by staff from the RPM PDP Working Group call held on 28 August 2019 at 17:00 UTC. Staff have posted these to the wiki space. Please note that these are high-level notes and are not meant as a substitute for the recording, chat room, or transcript. The recording, AC chat, transcript and attendance records are posted on the wiki at: https://community.icann.org/display/RARPMRIAGPWG/2019-08-28+Review+of+all+R…. Best Regards, Julie Julie Hedlund, Policy Director == NOTES & ACTION ITEMS Actions: 1. Revision of Existing Proposals: For consideration at the meeting on Wednesday, 04 September, RPM PDP WG members who had previously submitted proposals relating to the Open TMCH Questions (see attached) may offer revised proposals that take into consideration the work completed by the WG since the proposals were originally submitted. 2. New Proposals: For consideration at the meeting on Wednesday, 04 September, RPM PDP WG members may submit new proposals relating to Charter questions 7, 8, and 10.

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Post Call | Review of all Rights Protection Mechanisms (RPMs) in all gTLDS PDP WG | Wednesday, 28 August 2019 at 17:00 UTC
by Andrea Glandon Aug. 28, 2019

Aug. 28, 2019

Dear all, All recordings for the Review of all Rights Protection Mechanisms (RPMs) in all gTLDS PDP WG call held on Wednesday, 28 August 2019 at 17:00 UTC can be found on the agenda wiki page<https://community.icann.org/x/_o3kBg> (attendance included) and the GNSO Master calendar <https://urldefense.proofpoint.com/v2/url?u=http-3A__gnso.icann.org_en_group…> . These include: * Attendance (please let me know if your name has been left off the attendance list) * Audio recording * Zoom chat archive * Zoom recording (including audio, visual, rough transcript) * Transcript As a reminder only members can join the call, observers can listen to the recordings and read the transcript afterwards. Please email gnso-secs(a)icann.org<mailto:gnso-secs@icann.org> if you would like to change your status from observer to member. For additional information, you may consult the mailing list archives <http://mm.icann.org/pipermail/gnso-rpm-wg/> and the main wiki page<https://community.icann.org/x/wCWAAw>. Thank you. With kind regards, Andrea

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Proposed Agenda for RPM Meeting on 28 Aug 17:00-18:30 UTC
by Julie Hedlund Aug. 27, 2019

Aug. 27, 2019

Dear RPM WG members, Please find the agenda and materials for the WG meeting tomorrow, Wednesday, 28 August at 17:00-18:30 UTC. Note that with respect to agenda item #2, the authors of the proposals as listed below, to the extent they are available, should be prepared to give a brief overview (10 minutes) of their proposal followed by discussion. 1. Review Agenda and Updates to Statements of Interest 2. Proposals relating to Open TMCH Charter Questions (see attached Summary document. It is the same as the May 2017 version but with formatting for readability and text from relevant TMCH and AGB references): * Question 7 – Proposals from Kathy Kleiman and Greg Shatan * Question 8 – Proposals from Paul McGrady, Kathy Kleiman, Jonathan Agmon, and Claudio di Gangi * If Time Permits: Question 10 – Proposal from Michael Graham 3. AOB Best Regards, Mary, Julie, Ariel

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Re: [GNSO-RPM-WG] FW: FOR YOUR INFORMATION: Request from RPM PDP co-chairs & GNSO Council leadership response
by Mary Wong Aug. 22, 2019

Aug. 22, 2019

Dear Paul and everyone, When the Working Group first began discussions on the TMCH in 2017, staff prepared the following wiki page that lists (among other documents) the final version of the TMCH from the Applicant Guidebook (AGB), the STI Review Team’s recommendations and the various iterations of the AGB between the STI timeframe and the final AGB (including the public comment periods and Explanatory Memoranda that were issued): https://community.icann.org/pages/viewpage.action?pageId=61606864. As you’ll recall, staff also circulated a Chronological Timeline of the TMCH at the time, which was recently updated following consultations with the Working Group co-chairs, and re-circulated about two weeks ago: https://community.icann.org/display/RARPMRIAGPWG/2019-08-07+Review+of+all+R… We hope these links and documents are helpful. Cheers Julie, Ariel & Mary From: Paul Tattersfield <gpmgroup(a)gmail.com> Date: Thursday, August 22, 2019 at 10:41 To: "Corwin, Philip" <pcorwin(a)verisign.com> Cc: Mary Wong <mary.wong(a)icann.org>, "gnso-rpm-wg(a)icann.org" <gnso-rpm-wg(a)icann.org> Subject: [Ext] Re: Re: Re: [GNSO-RPM-WG] FW: FOR YOUR INFORMATION: Request from RPM PDP co-chairs & GNSO Council leadership response Phillip, I appreciate the documents may be divergent at times and I fully understand as a result that there may or may not be consequences. What I am trying to ascertain is - What is(are) the actual specific provision(s) that will be determined differently under each baseline scenario that are causing this matter to be raised now? Thanks, Paul On Thu, Aug 22, 2019 at 3:07 PM Corwin, Philip <pcorwin(a)verisign.com<mailto:pcorwin@verisign.com>> wrote: Paul, the consequence of the disagreement is explained in this passage from the Co-Chair’s letter: “ Standard for recommending changes – The answer to this question is dependent on the answer to the first. Ms. Kleiman believes that if the WG reaches consensus agreement that any provision of the AGB differs materially from a related provision of the STI Report this should be regarded as an indication that implementation differs from policy and should automatically result in a recommendation that the rule revert to the STI recommendation for subsequent rounds. Mr. Beckham and Mr. Corwin agree with ICANN Staff that the STI Report does not constitute policy; while they agree that the STI Report and other background materials can be usefully referenced by the WG (and indeed spent the entirety of a recent call refreshing the WG on the STI Report), they believe that any recommendation to alter any provision of the RPMs and TMCH as codified in the AGB and having been implemented by Contracted Parties and service providers for several years now must be supported by consensus agreement within the WG on what the change should be, and we should not revert automatically to STI Report language based upon a finding that the RPMs and TMCH as in the AGB differ materially from an STI recommendation.” Philip S. Corwin Policy Counsel VeriSign, Inc. 12061 Bluemont Way Reston, VA 20190 703-948-4648/Direct 571-342-7489/Cell "Luck is the residue of design" -- Branch Rickey From: Paul Tattersfield <gpmgroup(a)gmail.com<mailto:gpmgroup@gmail.com>> Sent: Thursday, August 22, 2019 10:02 AM To: Corwin, Philip <pcorwin(a)verisign.com<mailto:pcorwin@verisign.com>> Cc: mary.wong(a)icann.org<mailto:mary.wong@icann.org>; gnso-rpm-wg(a)icann.org<mailto:gnso-rpm-wg@icann.org> Subject: [EXTERNAL] Re: Re: [GNSO-RPM-WG] FW: FOR YOUR INFORMATION: Request from RPM PDP co-chairs & GNSO Council leadership response Dear Philip, I appreciate the documents may be divergent at times, what I am interested to know is what is/are the specific issue(s) that would be determined differently using each of the respective baselines? Yours sincerely, Paul. On Thu, Aug 22, 2019 at 2:54 PM Corwin, Philip <pcorwin(a)verisign.com<mailto:pcorwin@verisign.com>> wrote: Paul: The divergence between the co-chairs was whether the 2009 STI report or the final Applicant Guidebook (AGB -- 2013, I believe) constituted the default baseline for our TMCH review. On that matter, Council leadership responded, “ The AGB is the latest version of the implementation efforts developed with substantial community input, as now reflected in the New gTLD Registry Agreement. It should therefore be considered the baseline as it is the document upon which the Phase One RPMs are based.” I hope that fully responds to your inquiry. Best, Philip Philip S. Corwin Policy Counsel VeriSign, Inc. 12061 Bluemont Way Reston, VA 20190 703-948-4648/Direct 571-342-7489/Cell "Luck is the residue of design" -- Branch Rickey From: GNSO-RPM-WG <gnso-rpm-wg-bounces(a)icann.org<mailto:gnso-rpm-wg-bounces@icann.org>> On Behalf Of Paul Tattersfield Sent: Thursday, August 22, 2019 9:35 AM To: Mary Wong <mary.wong(a)icann.org<mailto:mary.wong@icann.org>> Cc: gnso-rpm-wg(a)icann.org<mailto:gnso-rpm-wg@icann.org> Subject: [EXTERNAL] Re: [GNSO-RPM-WG] FW: FOR YOUR INFORMATION: Request from RPM PDP co-chairs & GNSO Council leadership response Dear Mary, Is it possible to quickly summarize the specific issues where divergence is causing concern? Yours sincerelly, Paul. On Thu, Aug 22, 2019 at 2:11 PM Mary Wong <mary.wong(a)icann.org<mailto:mary.wong@icann.org>> wrote: Dear Working Group members, At the request of the co-chairs, in the interests of transparency, staff is forwarding the message below and the two related attachments for your information. This has also been placed under AOB on the GNSO Council’s 22 August meeting agenda, which is currently taking place (1200-1400 UTC): https://community.icann.org/display/gnsocouncilmeetings/Final+Proposed+Agen…. Best regards, Julie, Ariel & Mary From: Mary Wong <mary.wong(a)icann.org<mailto:mary.wong@icann.org>> Date: Wednesday, August 21, 2019 at 20:25 To: "council(a)gnso.icann.org<mailto:council@gnso.icann.org>" <council(a)gnso.icann.org<mailto:council@gnso.icann.org>> Subject: FOR YOUR INFORMATION: Request from RPM PDP co-chairs & GNSO Council leadership response SENT ON BEHALF OF KEITH DRAZEK, PAM LITTLE & RAFIK DAMMAK Dear Councilors, Please see the attached request that we as the GNSO Council leadership team received on Monday 19 August from the RPM PDP Working Group co-chairs and our response, which we have just sent following a meeting with Paul McGrady (the Council liaison to this PDP) and ICANN policy staff. In the interests of time and to allow the Working Group to resume its Phase One work without delay, we decided to send the attached response as soon as we could. We and Paul believe that our response provides the requested clarity as regards the baseline from which the RPM PDP was chartered to perform a review of the RPMs that were developed for the 2012 New gTLD Program round in its Phase One work. In this regard, we note that the New gTLD Subsequent Procedures PDP is also proceeding from the same baseline. To ensure transparency in the Council leadership’s consultations with PDP chairs and liaisons, we are forwarding the request and our response to you for your information. We invite any Councilor who wishes to seek further information as to our discussion and response on this matter to send a note to the Council mailing list. We will be happy to address your questions, including under AOB on our upcoming call if time permits. Thank you. Best regards, Keith, Pam and Rafik _______________________________________________ GNSO-RPM-WG mailing list GNSO-RPM-WG(a)icann.org<mailto:GNSO-RPM-WG@icann.org> https://mm.icann.org/mailman/listinfo/gnso-rpm-wg _______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy [icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_privacy_…>) and the website Terms of Service (https://www.icann.org/privacy/tos [icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_privacy_…>). You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on.

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FW: FOR YOUR INFORMATION: Request from RPM PDP co-chairs & GNSO Council leadership response
by Mary Wong Aug. 22, 2019

Aug. 22, 2019

Dear Working Group members, At the request of the co-chairs, in the interests of transparency, staff is forwarding the message below and the two related attachments for your information. This has also been placed under AOB on the GNSO Council’s 22 August meeting agenda, which is currently taking place (1200-1400 UTC): https://community.icann.org/display/gnsocouncilmeetings/Final+Proposed+Agen…. Best regards, Julie, Ariel & Mary From: Mary Wong <mary.wong(a)icann.org> Date: Wednesday, August 21, 2019 at 20:25 To: "council(a)gnso.icann.org" <council(a)gnso.icann.org> Subject: FOR YOUR INFORMATION: Request from RPM PDP co-chairs & GNSO Council leadership response SENT ON BEHALF OF KEITH DRAZEK, PAM LITTLE & RAFIK DAMMAK Dear Councilors, Please see the attached request that we as the GNSO Council leadership team received on Monday 19 August from the RPM PDP Working Group co-chairs and our response, which we have just sent following a meeting with Paul McGrady (the Council liaison to this PDP) and ICANN policy staff. In the interests of time and to allow the Working Group to resume its Phase One work without delay, we decided to send the attached response as soon as we could. We and Paul believe that our response provides the requested clarity as regards the baseline from which the RPM PDP was chartered to perform a review of the RPMs that were developed for the 2012 New gTLD Program round in its Phase One work. In this regard, we note that the New gTLD Subsequent Procedures PDP is also proceeding from the same baseline. To ensure transparency in the Council leadership’s consultations with PDP chairs and liaisons, we are forwarding the request and our response to you for your information. We invite any Councilor who wishes to seek further information as to our discussion and response on this matter to send a note to the Council mailing list. We will be happy to address your questions, including under AOB on our upcoming call if time permits. Thank you. Best regards, Keith, Pam and Rafik

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Actions & Notes: RPM PDP WG Meeting 14 August 2019
by Julie Hedlund Aug. 14, 2019

Aug. 14, 2019

Dear All, Please see below the action items and notes captured by staff from the RPM PDP Working Group call held on 14 August 2019 at 17:00 UTC. Staff have posted to the wiki space the action items and notes. Please note that these are high-level notes and are not meant as a substitute for the recording, chat room, or transcript. The recording, AC chat, transcript and attendance records are posted on the wiki at: https://community.icann.org/display/RARPMRIAGPWG/2019-08-14+Review+of+all+R…. Best Regards, Julie Julie Hedlund, Policy Director == NOTES & ACTION ITEMS Actions: ACTION ITEM: WG members to post to the list any suggestions/thoughts they may have for whether and how to review the 36 individual URS proposals to determine inclusion in the Initial Report. Notes: 1. Updates to Statements of Interest: No updates provided. 2. Brief Discussion: Revised Chronological listing of source documents for the Trademark Clearinghouse (TMCH) – revision with edits from Kathy Kleiman and Brian Beckham athttps://drive.google.com/a/icann.org/file/d/1jRYPkK-S3TKA9HQIhN-wsn9M8cVg… [drive.google.com]<https://urldefense.proofpoint.com/v2/url?u=https-3A__drive.google.com_a_ica…> -- Were the STI recommendations policy? They weren’t Consensus Policy as they were not a result of a PDP. -- The RPMs are not Consensus Policy, but depending on the recommendations of this PDP WG they could become policy. -- How policies become binding: 1) PDP 2) agreement to be included in RA/contracts. -- SubPro in looking at geographic names noted that the AGB differs in some respects from the policy, but the focus has been on whether there should be changes to the AGB, or if no agreement then the AGB would be the status quo. 3. To Inform Further WG Discussions: Review of the Final STI Report on TMCH and URS at https://gnso.icann.org/issues/sti/sti-wt-recommendations-11dec09-en.pdf [gnso.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_issues_…> Link to STI report: https://gnso.icann.org/sites/default/files/filefield_8000/sti-wt-recommenda… 4.1 National or Multinational Registered Marks TMCH: -- STI Report “The TC Database should be required to include nationally or multi-nationally registered “text mark” trademarks, from all jurisdictions, (including countries where there is no substantive review). (The Trademarks to be included in the TC are text marks because “design marks” provide protection for letters and words only within the context of their design or logo and the STI was under a mandate not to expand existing trademark rights.” -- There is a proposal relating to this that we will address later. -- Instead of using technical terms that might have different meanings, using more descriptive terms: pure text", "text plus graphical/visual element", and "stylized text" -- e.g. “text-only” (words, letters, numerals); “stylized text”; “text plus design/graphical/visual element”. -- WG could look at composite marks that are protected by law and build recommendations on them. URS: -- Seemed to be general agreement on the last call to go through the individual proposals and those that don’t have general agreement/wide support might not be included in the Initial Report, except perhaps in an annex. -- ACTION: Put views on the list whether to go through some sort of an additional review process.

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Post Call | Review of all Rights Protection Mechanisms (RPMs) in all gTLDS PDP WG | Wednesday, 14 August 2019 at 17:00 UTC
by Terri Agnew Aug. 14, 2019

Aug. 14, 2019

Dear all, All recordings for the Review of all Rights Protection Mechanisms (RPMs) in all gTLDS PDP WG call held on Wednesday, 14 August 2019 at 17:00 UTC can be found on the agenda wiki page <https://community.icann.org/x/WoTkBg> (attendance included) and the GNSO Master calendar <https://urldefense.proofpoint.com/v2/url?u=http-3A__gnso.icann.org_en_group…> . These include: * Attendance (please let me know if your name has been left off the attendance list) * Audio recording * Zoom chat archive * Zoom recording (including audio, visual, rough transcript) * Transcript As a reminder only members can join the call, observers can listen to the recordings and read the transcript afterwards. Please email gnso-secs(a)icann.org<mailto:gnso-secs@icann.org> if you would like to change your status from observer to member. For additional information, you may consult the mailing list archives <http://mm.icann.org/pipermail/gnso-rpm-wg/> and the main wiki page<https://community.icann.org/x/wCWAAw>. Thank you. With kind regards, Terri --- Terri Agnew Operations Support - GNSO Lead Administrator Internet Corporation for Assigned Names and Numbers (ICANN) Email: terri.agnew(a)icann.org<mailto:terri.agnew@icann.org> Skype ID: terri.agnew.icann Find out more about the GNSO by visiting: https://learn.icann.org/ <https://urldefense.proofpoint.com/v2/url?u=https-3A__learn.icann.org_&d=DwM…> Follow @GNSO on Twitter: https://twitter.com/ICANN_GNSO <https://urldefense.proofpoint.com/v2/url?u=https-3A__twitter.com_ICANN-5FGN…> Transcripts and recordings of GNSO Working Group and Council events are located on the GNSO Master Calendar <https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_en_grou…> See All SO and AC events on the ICANN Global calendar [features.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__features.icann.org_cal…>

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