February 2013 - ispcp - lists.icann.org

Meting Invitation/ ISPCP Call / 10 September 2012 at 1400 UTC
by Gisella Gruber Aug. 11, 2013

Aug. 11, 2013

Dear All, Please note that the next ISPCP call is scheduled on Monday 10 September 2012 at 1400 UTC. To check your local time: http://tinyurl.com/8b9yr7a Please find the dial-in details below: Participant Passcode: Participant: 3429 # Dial-in numbers: http://www.adigo.com/icann/ Thank you. Kind regards, Gisella ----------------- Gisella Gruber GNSO Secretariat Staff Internet Corporation for Assigned Names and Numbers (ICANN) Email: gisella.gruber(a)icann.org<mailto:gisella.gruber@icann.org> Tel: +44 7545 334 360 Skype ID: gisella.gw

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Fwd: [gnso-pednrimpl-rt] Implementation of Expired Registration Recovery Policy
by Mike O'Connor Feb. 28, 2013

Feb. 28, 2013

hi all, this was a long hard WG, but the results are a step in the right direction. mikey Begin forwarded message: > From: Glen de Saint Géry <Glen(a)icann.org> > Subject: [gnso-pednrimpl-rt] Implementation of Expired Registration Recovery Policy > Date: February 28, 2013 5:03:39 PM CST > To: "'gnso-pednrimpl-rt(a)icann.org'" <gnso-pednrimpl-rt(a)icann.org> > > > https://www.icann.org/en/news/announcements/announcement-28feb13-en.htm > Implementation of Expired Registration Recovery Policy > > 28 February 2013 > ICANN is pleased to announce the implementation of the Expired Registration Recovery Policy ("ERRP"). This policy was developed from the Generic Name Supporting Organization ("GNSO")'s Post Expiration Domain Name Recovery ("PEDNR") recommendations, which were adopted by ICANN's Board of Directors on 28 October 2011. The policy was drafted in consultation with the GNSO's PEDNR Implementation Review Team and was posted for public comment on 11 October 2012. > > The ERRP is expected to promote better understanding of registrants' options and help alleviate common issues related to the expiration of gTLD registrations. This policy is intended to help align registrant expectations with registrar practices by establishing certain minimum communications requirements and making renewal and redemption of domain name registrations uniformly available in prescribed circumstances. > > Some of the most notable provisions of the ERRP include the following i: > > To help prevent unintended non-renewal of domain name registrations, registrars will be required to notify registered name holders of the expiration of their registrations at least two times: approximately one month prior to the expiration date and, again, approximately one week prior to the expiration date. > All gTLD registries must offer a Redemption Grace Period of 30 days immediately following the deletion of a registration. (Sponsored gTLDs are exempt, and not required to offer a Redemption Grace Period.) During the Redemption Grace Period, the registrant must be permitted by its registrar to restore the deleted registration. > To promote consumer choice and awareness, registrars must make their renewal and redemption fees reasonably available to registered name holders and prospective registered name holders at the time of registration of a domain name. > As in the past, registrars may delete registrations at any time after they expire, subject to applicable consensus policies and provisions of the Registrar Accreditation Agreement. However, the ERRP requires that resolution of the domain name be interrupted for a period of time after expiration, but before deletion, of the name to help make the registrant aware of the expiration of its name. Additionally, any parking page hosted by the registrar at the expired domain name must include or point to renewal instructions. > All ICANN-accredited registrars and gTLD registries are required to comply with the Expired Registration Recovery Policy by no later than 31 August 2013. > > Consistent with the recommendations of the GNSO's PEDNR Working Group, ICANN is in the process of developing educational materials in consultation with interested stakeholders to help the community better understand this policy and how it applies to them. > > A link to the ERRP can be found here: http://www.icann.org/en/resources/registrars/consensus-policies/errp > > i The actual language of the ERRP is binding on ICANN-accredited registrars and gTLD registries, not the summary provided here. > > > > Glen de Saint Géry > GNSO Secretariat > gnso.secretariat(a)gnso.icann.org > http://gnso.icann.org > PHONE: 651-647-6109, FAX: 866-280-2356, WEB: www.haven2.com, HANDLE: OConnorStP (ID for Twitter, Facebook, LinkedIn, etc.)

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Fwd: [council] Current draft of Fadi's requested communication from council
by Novoa, Osvaldo Feb. 27, 2013

Feb. 27, 2013

All, This would be the definitive version of the letter to Fadi regarding the Strawman Proposal. Best regards, Osvaldo Inicio del mensaje reenviado: De: "Jonathan Robinson" <jonathan.robinson(a)ipracon.com<mailto:jonathan.robinson@ipracon.com>> Fecha: 27 de febrero de 2013 07:31:49 GMT-02:00 Para: "Maria Farrell" <maria.farrell(a)gmail.com<mailto:maria.farrell@gmail.com>> Cc: <council(a)gnso.icann.org<mailto:council@gnso.icann.org>> Asunto: RE: [council] Current draft of Fadi's requested communication from council Me too Maria! I have received the latest draft from Mason and would like to thank him and colleagues for the good work they have done to move this forward to a draft that we may all be able to support, at least in some way. This is clearly one of those issues that has polarised views on the Council and so seriously challenges our ability to produce a single coherent output. I have worked over Mason’s draft and made editorial changes which I do not believe to be material. I have attached this as a redline and encourage comments / improvements on that. However, for reference, I have also included the draft as received from Mason. Let’ s push this over the line and get it back to Fadi now. Jonathan From: owner-council(a)gnso.icann.org<mailto:owner-council@gnso.icann.org> [mailto:owner-council@gnso.icann.org] On Behalf Of Maria Farrell Sent: 27 February 2013 08:30 To: Jonathan Robinson Cc: Mason Cole; john(a)crediblecontext.com<mailto:john@crediblecontext.com>; council(a)gnso.icann.org<mailto:council@gnso.icann.org> Subject: Re: [council] Current draft of Fadi's requested communication from council Great, I'm just happy if it is finally approaching resolution! On 26 February 2013 21:59, Jonathan Robinson <jonathan.robinson(a)ipracon.com<mailto:jonathan.robinson@ipracon.com>> wrote: Thanks Maria for the prompt and Mason for the update. Clearly time is tight but if I have a near final draft, I’ll be in a position to add finishing touches before sending within the deadline (just) Jonathan From: Mason Cole [mailto:mcole@5x5com.com<mailto:mcole@5x5com.com>] Sent: 26 February 2013 21:10 To: Maria Farrell Cc: Jonathan Robinson; john(a)crediblecontext.com<mailto:john@crediblecontext.com>; council(a)gnso.icann.org<mailto:council@gnso.icann.org> Subject: Re: [council] Current draft of Fadi's requested communication from council Hi Maria -- Let me hopefully not rudely pre-empt Jonathan on this to provide an update. You'll recall after the council meeting (in January I believe) when we discussed this, you and others volunteered to help with the draft and provided a round of feedback. I incorporated that feedback into the draft. Following, Brian made the IPC's concerns known in his comprehensive email -- he and I discussed IPC input late this last Friday afternoon. Based on some of his feedback he and I were able to reword some of the letter so IPC concerns were met but the majority of the council's views are unchanged. Brian asked for some time to provide final feedback, and we agreed on a deadline for that at close of business today. Following receipt and incorporation of his input as appropriate, I will forward it to Jonathan to shepherd through the rest of the council process. Sorry for the relative silence over the past few days. I believe (hope, anyway) this is near completion. Mason On Feb 26, 2013, at 12:35 PM, Maria Farrell wrote: Jonathan, I proposed on the drafting group almost three weeks ago a compromise solution, that the majority of Council members who seem likely to support Mason's draft should do so and send it on behalf of the Council, and that a dissenting 'minority report' can be included in the letter. It's been almost three weeks and, disappointingly, I've never received a response to that proposal. As there appears to be a clear majority in favour of the positions the letter takes, I propose we vote immediately on whether to endorse it or not. Best regards, Maria On 21 February 2013 18:04, Jonathan Robinson <jonathan.robinson(a)ipracon.com<mailto:jonathan.robinson@ipracon.com>> wrote: Thanks John, Do you mean letter to Steve or Fadi? If the latter, I agree that we should certainly make the point as indeed we did with the GAC. Jonathan From: owner-council(a)gnso.icann.org<mailto:owner-council@gnso.icann.org> [mailto:owner-council@gnso.icann.org<mailto:owner-council@gnso.icann.org>] On Behalf Of john(a)crediblecontext.com<mailto:john@crediblecontext.com> Sent: 21 February 2013 17:31 To: Jonathan Robinson; council(a)gnso.icann.org<mailto:council@gnso.icann.org> Subject: RE: [council] Current draft of Fadi's requested communication from council Jonathan, Steve's request is one of a set of growing inquiries to the Council ( e.g., Fadi's letter, GAC questions) that put the cart of the Council ahead of the horse of the GNSO. Though the Council is a creature of the GNSO and has a narrow role, there is room for moving a bit further afield, but ultimately, the constituencies and stakeholder groups have their final say. Why not use the letter to Steve to reset terms and conditions? I know I am but one vote. Cheers, Berard --------- Original Message --------- Subject: RE: [council] Current draft of Fadi's requested communication from council From: "Jonathan Robinson" <jonathan.robinson(a)ipracon.com<mailto:jonathan.robinson@ipracon.com>> Date: 2/20/13 3:09 pm To: council(a)gnso.icann.org<mailto:council@gnso.icann.org> John, Thanks and agreed, letting Groups / Constituencies speak for themselves would make the path easier, as you suggest. My concern with that approach, particularly as we have had so long to deal with Fadi’s request, is our reputation as an effective Council. My personal opinion is that, if at all possible, we need to produce something more substantial and ideally a single output. On a related point, we do have another issue, and that is making sure our primary role as policy manager not legislator is well understood. But we can continue to work on this point outside of the response to Fadi and it seems to me that it may well be a potential topic for discussion with both Board and GAC in Beijing. Jonathan From: owner-council(a)gnso.icann.org<mailto:owner-council@gnso.icann.org> [mailto:owner-council@gnso.icann.org] On Behalf Of john(a)crediblecontext.com<mailto:john@crediblecontext.com> Sent: 20 February 2013 21:01 To: Winterfeldt, Brian; council(a)gnso.icann.org<mailto:council@gnso.icann.org> Subject: RE: [council] Current draft of Fadi's requested communication from council Mason, et. al., Brian makes a rather eloquent case -- far better than I had been able to do. He restates my own previous comments with regard to the "expansion of rights" and "majority," then goes further. All are good points and worth considering, though on our current time-frame that may not be logistically possible. All this leads me to re-submit my initial suggestion on this letter: tell Steve our best thought is to let the constituencies and stake-holder groups speak for themselves. It would certainly make the letter a lot shorter and easier to approve! Cheers, Berard --------- Original Message --------- Subject: RE: [council] Current draft of Fadi's requested communication from council From: "Winterfeldt, Brian" <bwinterfeldt(a)steptoe.com<mailto:bwinterfeldt@steptoe.com>> Date: 2/20/13 9:13 am To: "council(a)gnso.icann.org<mailto:council@gnso.icann.org>" <council(a)gnso.icann.org<mailto:council@gnso.icann.org>> Dear all: As promised on our last Council teleconference, here is written feedback from the IPC with respect to the current draft response to Fadi Chehadé on strawman solution and limited preventative registrations proposal. More specifically, this is a critique of the draft GNSO Council statement on the strawman which we feel does not accurately reflect a consensus or considered analysis as urged by Chair Crocker. The list is non-exhaustive and our intent is to demonstrate that there are a number of flaws in the current draft that we should address as a Council. • The IPC is concerned with the statement that the strawman solution represents “expansion of trademark rights beyond law.� Apart from being a legal conclusion, it implies that the strawman is composed of solutions or protections to which trademark owners have no legal right. To the contrary, trademark owners have the legal right to prevent infringement of their marks, and the rights protection mechanisms being established as part of the new gTLD program are founded on this fundamental right. The Strawman merely addresses the implementation of this policy, not its extension or expansion. • The IPC believes the use of the term “majority� throughout the letter is misleading as it minimizes the fact that an entire Stakeholder Group—indeed the Stakeholder Group whose members will bear the greatest economic impact from inadequate rights protection mechanisms—unanimously agrees that additional rights protection mechanisms are essential. Put another way, a vote should be necessary before asserting that a “majority of the Council� feels a certain way, particularly the presumption that “protection policies for new gTLDs are sufficient and need not be revisited.� It is also important to note that not all stakeholder groups or constituencies submitted comments in the public comment forum, so we should not assume that there is a majority in support. It might be an overstatement. Of the statements that were submitted, in addition to the BC/IPC comments, the ISPC "endorsed the intent and critical importance of preventing fraudulent registrations and reducing defensive measures and agrees that the RPMs currently in the AGB may be improved; however, ISPCP is neutral on the subject of specific RPMs." The use of the term "majority" usually refers to a majority in each house. However, With the IPC, ISP and BC taking a different approach, we believe the statement of "majority " in support of the letter is not really accurate. Sending the letter as written would go against the spirit of the carefully thought-out comments of these groups. • There is a difference between “agree[ment] to socialize these [proposals] to the rest of the GNSO� as Dr. Crocker is quoted as saying and the requisite GNSO Council support asserted in the draft letter. Indeed, here are a few more compelling and recent quotes from Fadi Chehadé during the NCPH intersessional meeting, “… I still believe is an issue, I don't believe that the claims or the things that you brought to my attention, you know, are not right. Quite the opposite, I think they're very right, that's why I engaged, that's why I jumped on it.� “Some of the things that came out of the strawman discussions make sense and are implementation decisions.� And, “unless the community vehemently disagrees … that work will not be counted out, we will look at it in good faith.� Most recently, in Mr. Chehadé’s February 13, 2013 video blog, he affirmed that the Strawman Proposal is absolutely legitimate and that the statements he made in Amsterdam on this topic were taken out of context. He confirmed that his “mistake� was in the way he convened the meetings, and that the work on the Strawman is “not throw away work�, but rather, it is important work. • The letter cites ICANN’s goal of advancing “competition in the domain name industry,� but fails to reflect temperance with the new gTLD policy toward not infringing the legal rights of others which advances consumer trust of the system. • The letter is silent with respect to the thirty-day sunrise notice period—an aspect of the strawman solution that most public comments seem to agree is a noncontroversial implementation detail. • Comments on Claims 1 and Claims 2 appear seriously inaccurate and seems to ignore the contours of the process and raise a number of implementation questions as policy matters—“How would payments be made and allocated? How do Registries and Registrars adapt their technical systems…� etc. • Claims 2 imposes fewer obligations and offers fewer benefits than Claims 1. Thus, “lightweight� seems apt to us. • Most conventional dictionaries define “disenfranchise� as follows, “to deprive of a franchise, of a legal right, or some privilege or immunity; especially: to deprive of the right to vote.� The strawman has nothing to do with the right to vote. So what is the legal right to which you are referring here? If what is meant is that adopting the Strawman would deprive any stakeholder of a voice in the development of the implementation of the policy that intellectual property should be protected in the new gTLD, then that would ignore the input of numerous stakeholders. If anything, the Strawman process has enfranchised more concerned parties than ever before. • The IPC fervently disagrees with dismissal of the Limited Preventative Registration proposal as a “blocking mechanism.� Again, this also seems seriously inaccurate and appears to ignore the contours of the proposal. To sum up, it is a low-cost bulk sunrise registration. It would provide precisely the same benefits to brand owners as participation in each individual new gTLD sunrise period to which they are qualified to participate in. • The statement that this is entirely "a matter of policy" ignores the fact that the Strawman proposal resulted from “implementation discussions on the Trademark Clearinghouse and its associated rights protection mechanism.� http://www.icann.org/en/news/public-comment/tmch-strawman-30nov12-en.htm. The fact that Mr. Chehadé has asked the GNSO Council for input on the Strawman proposal does not now turn it into a policy matter. In fact, the Limited Preventative Registration mechanism was left out of the Strawman proposal not because it was considered policy, but rather simply because it did not achieve consensus among the participants in the implementation meetings. It is thus completely within the Council's purview to provide substantive input on these issues without resorting to a PDP. Indeed, the original rights protection mechanisms did not stem from a PDP, but from an informal GNSO process (the Implementation Recommendation Team). Formation of a working group to explore these implementation issues substantively is an option that has not been fully explored. • The response ignores the substantial number of comments submitted during the public comment forum—which reflect a significant interest in looking at this issue further from inside and, significantly, outside the IP community. For example, the ALAC statement supports a number of elements of the proposal, and encourages the GNSO to fairly evaluate them. The proposed GNSO letter does not do so. Thank you, Brian Brian J. Winterfeldt Partner bwinterfeldt(a)steptoe.com<mailto:bwinterfeldt@steptoe.com> Steptoe +1 202 429 6260<tel:%2B1%20202%20429%206260> direct +1 202 903 4422<tel:%2B1%20202%20903%204422> mobile +1 202 429 3902<tel:%2B1%20202%20429%203902> fax Steptoe & Johnson LLP - DC 1330 Connecticut Avenue, NW Washington, DC 20036 www.steptoe.com<http://www.steptoe.com/> +1 212.506.3935<tel:%2B1%20212.506.3935> direct +1 212.506.3950<tel:%2B1%20212.506.3950> fax Steptoe & Johnson LLP – New York 1114 Avenue of the Americas New York, NY 10036 This message and any attached documents contain information from the law firm Steptoe & Johnson LLP that may be confidential and/or privileged. If you are not the intended recipient, please do not read, copy, distribute, or use this information. If you have received this transmission in error, please notify the sender immediately by reply e-mail and then delete this message. ------------------------------------------- From: owner-council(a)gnso.icann.org<mailto:owner-council@gnso.icann.org> on behalf of Jonathan Robinson[SMTP:JONATHAN.ROBINSON@IPRACON.COM] Sent: Wednesday, February 20, 2013 5:59:43 AM To: council(a)gnso.icann.org<mailto:council@gnso.icann.org> Subject: RE: [council] Current draft of Fadi's requested communication from council Auto forwarded by a Rule All, A reminder that we really need to keep this moving. I’d like to close it off this week if at all possible. Jonathan From: owner-council(a)gnso.icann.org<mailto:owner-council@gnso.icann.org> [mailto:owner-council@gnso.icann.org] On Behalf Of Petter Rindforth Sent: 14 February 2013 10:39 To: john(a)crediblecontext.com<mailto:john@crediblecontext.com>; volker(a)greimann.de<mailto:volker@greimann.de> Cc: Mason Cole; council(a)gnso.icann.org<mailto:council@gnso.icann.org> List Subject: Re: [council] Current draft of Fadi's requested communication from council "If Trademark law provided the level of protection to automatically include non-exact matches in the manner proposed in the strawman, lawmakers would have implemented such a list. Yet none did. While the trademark protection can be extended to additional near match strings, it is the duty of the courts to decide this. And just because a certain string has been used in an infringing manner, that does not mean that there are not also non-infringing manners in which the same string may legitimately be used." This is in fact up to each Examiner of each national PTO. That’s why it may take up to 10 months (or more) to pass such trademark examination processes. I do not think such time would be accepted by domain name applicants.... Strawman is dealing with an existing protection system in a more time optimized way. / Petter -- Petter Rindforth, LL M Fenix Legal KB Stureplan 4c, 4tr 114 35 Stockholm Sweden Fax: +46(0)8-4631010<tel:%2B46%280%298-4631010> Direct phone: +46(0)702-369360<tel:%2B46%280%29702-369360> E-mail: petter.rindforth(a)fenixlegal.eu<mailto:petter.rindforth@fenixlegal.eu> www.fenixlegal.eu<http://www.fenixlegal.eu/> NOTICE This e-mail message is intended solely for the individual or individuals to whom it is addressed. It may contain confidential attorney-client privileged information and attorney work product. If the reader of this message is not the intended recipient, you are requested not to read, copy or distribute it or any of the information it contains. Please delete it immediately and notify us by return e-mail. Fenix Legal KB, Sweden, www.fenixlegal.eu<http://www.fenixlegal.eu/> Thank you On 14 feb 2013 00:36 "Volker Greimann" <vgreimann(a)key-Systems.net><mailto:vgreimann@key-Systems.net> wrote: If that were so, there would be less of a problem, but it is not so, in my opinion: -Does a trademark allow its owner to prevent the use of the mark by third parties in other classes, or if the mark is their name, etc, etc? I think not. There are reasons why trademarks are limited to classes and regions and why legitimate use of the same trademarked term cannot be prohibited. Yet LPR would do just that. If any legitimate potential registrant missed the sunrise period or decided to wait for a cheaper registration period, LPR would block even legitimate registrations. -Does a trademark require otherwise unrelated third parties to implement and build and maintain a system at their own costs that is solely used to inform others of a potential legal conflict, confuse customers with information potentially irrelevant to their planned use and that generally interferes with the customary flow of business by scaring away or confusing potential legitimate customers and delaying orders or inquiries? I think not. Yet Claims II does just that to registrants, registrars and registries. I am not aware of any other industry that at their own cost had to create a warning system to inform third parties of potential trademark abuse. These are just the easiest examples of why the Strawman and the attached LPR proposal will, in my opinion create new protections. The claims process in itself is a new right for trademark holders not previously granted by trademark law, so any extension of the time period carefully considered and agreed upon by the community expands the reach of this new right for trademark holders. These proposals have been on the table before in some form or other and have been rejected by the community. Fadi Chehade’s has stated himself in his letter to the U.S. Congress that the 60 days period should not be extended unilaterally by ICANN, yet this is what is proposed now. The extension of claims to non-exact matches was previously rejected by the Special Trademark Issues Review Team, i.e. a GNSO created team. If Trademark law provided the level of protection to automatically include non-exact matches in the manner proposed in the strawman, lawmakers would have implemented such a list. Yet none did. While the trademark protection can be extended to additional near match strings, it is the duty of the courts to decide this. And just because a certain string has been used in an infringing manner, that does not mean that there are not also non-infringing manners in which the same string may legitimately be used. These proposals create a new fence to protect trademark holders from legitimate and illegitimate registrations of their marks alike. Solely the 30 day notice period does not create any new rights specific to trademark holders. The rest is a matter for a PDP, not for a closed door, no outside communication allowed session. ICANN should not deviate from the multi-stakeholder principle. If any outcome of our policy development and consensus building processes is subject to unilateral revision once a small part of the community is no longer sufficiently happy with the consensus results, the multi-stakeholder model is dead. Volker I will not argue with your metaphor -- I am quite fond of apples. But I do quibble with you saying the strawman is "an expansion of the rights of a trademark holder in the domain world." Trademark rights exist (not always consistently) in all earthly realms. The strawman is not seeking to create new ones, merely to create a method by which those that already exist can be enforced. Cheers, Berard --------- Original Message --------- Subject: Re: [council] Current draft of Fadi's requested communication from council From: Volker Greimann - Key-Systems GmbHz <vgreimann(a)key-Systems.net><mailto:vgreimann@key-Systems.net> Date: 2/12/13 4:25 pm To: "john(a)crediblecontext.com"<mailto:john@crediblecontext.com> <john(a)crediblecontext.com><mailto:john@crediblecontext.com> Cc: "Mason Cole" <mcole(a)5x5com.com><mailto:mcole@5x5com.com>, "council(a)gnso.icann.org List"<mailto:council@gnso.icann.orgList> <council(a)gnso.icann.org><mailto:council@gnso.icann.org> I think Fadi has made it very clear during the meeting in Amsterdam that he has now understood the BC and IPC requests that led to the strawman as a second bite of the apple, as he called it. The proposed contents of the strawman would certainly constitute an expansion of the rights of a trademark holder in the domain world. I therefore support sending the draft letter as is. Sent from my iPad On 13.02.2013, at 01:11, john(a)crediblecontext.com<mailto:john@crediblecontext.com> wrote: Mason, Did I not suggest the "expansion of rights" language is a bit over the top? Berard --------- Original Message --------- Subject: [council] Current draft of Fadi's requested communication from council From: Mason Cole <mcole(a)5x5com.com<mailto:mcole@5x5com.com>> Date: 2/12/13 3:00 pm To: "council(a)gnso.icann.org<mailto:council@gnso.icann.org> List" <council(a)gnso.icann.org<mailto:council@gnso.icann.org>> Council colleagues -- As you know, Fadi requested of the council its input regarding the strawman proposal resulting from the BC's and IPC's request for additional RPMs in new gTLDs. On December 27, I circulated an early draft of a council reply. The communication is due very shortly, and has been taken up by a small group within the council to ensure that all points of view are represented. Because this is an agenda item for our meeting this week, at Maria Farrell's helpful suggestion, I'm sending the current draft to council so we can be prepared to discuss it then. This draft does not reflect additional input of the BC and IPC -- if this is provided prior to the meeting, I'll be happy to forward it to the council. Thanks -- Mason ________________________________ El presente correo y cualquier posible archivo adjunto est� dirigido �nicamente al destinatario del mensaje y contiene informaci�n que puede ser confidencial. Si Ud. no es el destinatario correcto por favor notifique al remitente respondiendo anexando este mensaje y elimine inmediatamente el e-mail y los posibles archivos adjuntos al mismo de su sistema. Est� prohibida cualquier utilizaci�n, difusi�n o copia de este e-mail por cualquier persona o entidad que no sean las espec�ficas destinatarias del mensaje. 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comments please: a drawing for our comment on policy vs. implementation
by Mike O'Connor Feb. 27, 2013

Feb. 27, 2013

hi all, i'm drafting our reply-comments to the Policy vs Implementation working paper. as i've read the other comments, i have started to come to the position that we may be trying to over-legistlate this. my basic idea is this -- rather that a huge effort to develop detailed criteria for each possible Policy vs Implementation decision, what if we put a review by the AC/SO's into the process? so i've drawn a flow diagram of a possible way to handle the process and would be very interested in your thoughts. the two changes to the process implied by Marika's drawing are: - insert the AC/SOs in the decision-making process - indicate that the process of review is iterative -- that AC/SOs get to send the decision back to the staff for review/refinement i think this does a few things - it's an appropriate task for AC/SOs, in their policy-management role - it reduces the need for excruciating detail in criteria and (correctly, in my view) increases reliance on the judgement and wisdom of the policy-management bodies - provides a chance to iteratively arrive at an approach that has broad approval and acceptance in the community. the picture is attached. any thoughts? slashing criticism ("Mikey you're crazy") is fine! mikey PHONE: 651-647-6109, FAX: 866-280-2356, WEB: www.haven2.com, HANDLE: OConnorStP (ID for Twitter, Facebook, LinkedIn, etc.)

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"Policy Process" public-comment
by Mike O'Connor Feb. 25, 2013

Feb. 25, 2013

hi all, i totally missed the public-comment period deadline on the "Policy vs Implementation" paper that Marika and Margie developed. here's a link to the public comment forum https://www.icann.org/en/news/public-comment/policy-implementation-31jan13-… fortunately, there *are* comments from other constituencies and thus we can submit a reply comment. unless somebody objects, i'd like to have a go at this. mikey PHONE: 651-647-6109, FAX: 866-280-2356, WEB: www.haven2.com, HANDLE: OConnorStP (ID for Twitter, Facebook, LinkedIn, etc.)

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WG note -- IRTP-D (aka "the final frontier") working group open for volunteers
by Mike O'Connor Feb. 19, 2013

Feb. 19, 2013

hi all, i just saw an announcement for the final IRTP (Inter Registrar Transfer Policy) working group -- in the continuing series that stretches back almost 5 years. i've volunteered already (i want to collect the complete set of complementary coffee mugs) but would welcome anybody else who would like to join in. here's the link to the announcement https://www.icann.org/en/resources/policy/update/update-feb13-en.htm#6 mikey PHONE: 651-647-6109, FAX: 866-280-2356, WEB: www.haven2.com, HANDLE: OConnorStP (ID for Twitter, Facebook, LinkedIn, etc.)

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ISPCP feedback on the Intercessional meeting
by tony holmes Feb. 18, 2013

Feb. 18, 2013

Dear David/Rob The ISPCP very much appreciate the efforts undertaken by the ICANN staff to facilitate and actively engage in the recent Intercessional NCPH meeting at the ICANN office in LA. We discussed the meeting during our recent conference call and offer the following feedback. Without doubt the meeting proved to be a positive experience, facilitating more detailed discussion and interaction between all involved parties than its possible to achieve at full ICANN meetings where pressure on time and key personnel tends to prohibit that. Whilst our constituency offer full support for meetings of this type to continue, as with most new approaches we would look to build on this initial experience and capitalise on lessons learnt. There were many positives; - The opportunity to spend quality time in discussion with Fadi where we focused on some of the key issues for ICANN was very much appreciated. The frank and open nature of those discussions established a firm base for future dialogue. We welcome and embrace this new spirit of co-operation that Fadi has brought to ICANN, both within the organisation itself and externally where ICANN continue to face so many difficult challenges. - Being able to discuss key policy issues with ICANN staff responsible for those areas with a reduced number of participants enabled far more qualitative debate. - The opportunity to meet and get to know better other members of the NCPH, thereby identifying previously less well understood areas of agreement as well as understanding far better area's where we currently hold differing views. Again, the intensity of full ICANN meetings tends to prevent that happening to the same degree. - Facilitation of face to face dialogue between constituency, stakeholder group members and ICANN staff of which there can never be too much. Particularly where members are actively engaged in a number of diverse working groups which often accounts for much of their time at full ICANN meetings. The more relaxed and informal environment of the intercessional meeting provided the ideal platform. There are also areas where basic changes to the initial approach could rapidly improve the effectiveness of future meetings. - The provision of short briefing papers in advance that would ensure all involved parties have a basic level of understanding at the start of each session. - More detailed planning at the session level prior to the meeting, involving both staff and participants. It would be helpful to seek input on key points/questions that require specific focus during the session. - Sessions clearly segregated to facilitate briefings and clarifying questions followed by adequate opportunity to contribute and exchange views. There were a few sessions during the intercessional which failed to facilitate adequate debate, normally due to lengthy presentations that eroded much of the available time. - Increased opportunity to seek and exchange views on key issues between different parties. The opportunity to get below the veneer of some issues and actively debate contentious points that underpin opposing views (both within the NCPH and broader) wasn't fully realised. It's the view of the ISPCP that debate at that detailed level often offers the only way to achieving consensus policy. - An informal record of key points and issues raised from discussions. This would also assist in ensuring that participants of all involved groups who are unable to attend these meetings receive a common understanding of what took place. - A feedback session at the end of the meeting to highlight what worked really well/what could be improved. We hope the points raised above prove helpful when considering possible future meetings. Submitted on behalf of the ISPCP Constituency. Tony Holmes Chairman ISPCP

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interesting NYTimes piece on where mobile is going -- doesn't mention domain names
by Mike O'Connor Feb. 18, 2013

Feb. 18, 2013

hi all, here's a pretty-typical piece of "where is the Internet going?" prediction from the NYTimes (summarizing a ComScore research article). their conclusion is that there's a pretty massive shift to mobile from the desktop. http://bits.blogs.nytimes.com/2013/02/18/tech-predictions-for-2013-its-all-… all the usual stuff is in there. and, not surprisingly in my view, new gTLDs don't make it on to the radar. in fact, my sense of mobile is that it depends way *less* on domain names than the desktop space. so are new gTLDs arriving just in time to become part of that "old style" Internet? :-) this is a pure troll -- no need to reply. mikey PHONE: 651-647-6109, FAX: 866-280-2356, WEB: www.haven2.com, HANDLE: OConnorStP (ID for Twitter, Facebook, LinkedIn, etc.)

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Fwd: ICANN News Alert -- Whois Registrant Identification Study, Draft Report
by Mike O'Connor Feb. 17, 2013

Feb. 17, 2013

interesting. i didn't realize this Whois study was ready for release. but here it is. the links at the bottom of the page (to the various documents) are confusing. the one to the actual report is http://gnso.icann.org/en/issues/whois/registrant-identification-summary-06f… mikey Begin forwarded message: > From: "ICANN News Alert" <communications(a)icann.org> > Subject: ICANN News Alert -- Whois Registrant Identification Study, Draft Report > Date: February 15, 2013 9:30:44 PM CST > To: <mike(a)haven2.com> > > > News Alert > > http://www.icann.org/en/news/announcements/announcement-15feb13-en.htm > > Whois Registrant Identification Study, Draft Report > 15 February 2013 > > Forum Announcement: Comment Period Opens on Date: 15 February 2013 > Categories/Tags: Policy Processes > Purpose (Brief): This study, conducted by NORC at the University of Chicago, uses Whois to classify entities that register gTLD domain names, including natural persons, legal persons, and Privacy/Proxy service providers. Using associated Internet content, the study classifies entities using those domains, and observed potentially commercial activities. Findings will help the community understand how Registrants identify themselves in Whois. > Public Comment Box Link: http://www.icann.org/en/news/public-comment/whois-regid-15feb13-en.htm > > > > This message was sent to mike(a)haven2.com from: > ICANN | 12025 Waterfront Drive Suite 300 | Los Angeles, CA 90094-2536 > Email Marketing by > > Manage Your Subscription > PHONE: 651-647-6109, FAX: 866-280-2356, WEB: www.haven2.com, HANDLE: OConnorStP (ID for Twitter, Facebook, LinkedIn, etc.)

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Composition of the Accountability & Transparency Review Team 2 (ATRT 2) | ICANN
by Wolf-Ulrich.Knoben＠t-online.de Feb. 16, 2013

Feb. 16, 2013

http://www.icann.org/en/news/announcements/announcement-2-15feb13-en.htm Interesting to see that there will be no CSG rep on this RT. Wolf-Ulrich

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