All, As an FYI and my response for our members... Note of observation and interest: Seems obvious to me that the ALAC has been far less than actively enguaged in this very improtant user issue... -------- Original Message -------- Subject: Re: [ga] DN TLD Allocation Implementation Processes Date: Wed, 20 Aug 2008 00:37:39 -0700 From: "Jeffrey A. Williams" <jwkckid1@ix.netcom.com> Organization: IDNS and Spokesman for INEGroup To: Glen de Saint Géry <Glen@icann.org>,fast-track-IDN-ccTLDs@icann.org, Ga <ga@gnso.icann.org>,newgtld@icann.org, GAC Rep <ssene@ntia.doc.gov> References: <05B243F724B2284986522B6ACD0504D788D60D3CC4@EXVPMBX100-1.exc.icann.org> Glen and all, Again, thank you for sending this update. Based on what our members have thus far reviewed and sent in comments in on there are a few substative concerning areas in the IDN gTLD proposal, and the new gTLD selection process that our members have that need addressing and have been articulated before that still don't seem to be addressed in ICANN's process documents you provided links to below. The remainder on specific comments are below, interspersed as is appropriate... Glen de Saint Géry wrote:

[To: council[at]gnso.icann.org; liaison6c[at]gnso.icann.org] [To: ga[at]gnso.icann.org; announce[at]gnso.icann.org] [To: regional-liaisons[at]icann.org]

http://www.icann.org/en/announcements/announcement-20aug08-en.htm IDN TLD Allocation Implementation Processes

20 August 2008

Following the progress on the IDN TLD allocation processes during the ICANN meeting in Paris a new area has been made available to describe IDN policy development and IDN ccTLD allocation developments under ICANN's IDN Area: http://icann.org/en/topics/idn.

At the Paris meeting, the Board approved both of the processes described below for implementation.

In relation to the IDN ccTLD "fast track" process it was resolved that the Board directs staff to: "(1) post the IDNC WG final report for public comments; (2) commence work on implementation issues in consultation with relevant stakeholders; and (3) submit a detailed implementation report including a list of any outstanding issues to the Board in advance of the ICANN Cairo meeting in November 2008."

Concerns here are much along the lines that Karl outlined in his original comments and concerns in this part of the process being considered. Such being that ICANN is hardly in a good business possition to be making business decisions as to which, what, and how new IDN gTLD's should be, or must be introduced and would in accordance with US law a predisposed and determined with stated intent to restrain trade and subject to such a legal challange accordingly.

Fast-track IDN ccTLD Activities http://www.icann.org/en/topics/idn/fast-track/

On a related note, the ICANN Board also adopted "the GNSO policy recommendations for the introduction of new gTLDs. http://www.icann.org/en/announcements/announcement-15jul08-en.htm And further that the Board directs staff to continue to further develop and complete its detailed implementation plan, continue communication with the community on such work, and provide the Board with a final version of the implementation proposals for the board and community to approve before the new gTLD introduction process is launched."

Two main problems here, one is that there is no outlined or specified cost determined, second and more importantly is that yet again predetermining with willfull and stated intent to dictate any implimentation method would almost certainly be a restraint of trade, and as such be inconsistant with the "Do no harm" doctrine of DOC/NTIA as well as face likely legal challange. Additional problems with the GNSO recomendations is that they do not take into account for already existing gTLD's in other root structures currently in use in commerce setting up a very possible gTLD collision senerio far worse than .BIZ was and to a degree, remains.

New gTLD Program http://www.icann.org/en/topics/new-gtld-program.htm

Glen de Saint Géry GNSO Secretariat gnso.secretariat@gnso.icann.org http://gnso.icann.org

Regards, Spokesman for INEGroup LLA. - (Over 281k members/stakeholders strong!) "Obedience of the law is the greatest freedom" - Abraham Lincoln "Credit should go with the performance of duty and not with what is very often the accident of glory" - Theodore Roosevelt "If the probability be called P; the injury, L; and the burden, B; liability depends upon whether B is less than L multiplied by P: i.e., whether B is less than PL." United States v. Carroll Towing (159 F.2d 169 [2d Cir. 1947] =============================================================== Updated 1/26/04 CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS. div. of Information Network Eng. INEG. INC. ABA member in good standing member ID 01257402 E-Mail jwkckid1@ix.netcom.com My Phone: 214-244-4827