- SubPro-IRT - lists.icann.org

Re: Updates and Materials
by Pruis, Elaine May 8, 2025

May 8, 2025

Agree with Marc on this one. Elaine From: trachtenbergm--- via SubPro-IRT <subpro-irt(a)icann.org> Reply-To: "trachtenbergm(a)gtlaw.com" <trachtenbergm(a)gtlaw.com> Date: Thursday, May 8, 2025 at 12:18 AM To: "Jeff(a)jjnsolutions.com" <Jeff(a)jjnsolutions.com>, "lars.hoffmann(a)icann.org" <lars.hoffmann(a)icann.org>, "subpro-irt(a)icann.org" <subpro-irt(a)icann.org> Subject: [EXTERNAL] [SubPro-IRT] Re: Updates and Materials Caution: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Jeff, I think that your concerns here are speculative and this goes too far into the weeds. ICANN should not be dictating how applicants might organize themselves and/or how they might designate responsibility for different application-related functions. Best regards, Marc H. Trachtenberg Shareholder Chair, Internet, Domain Name, e-Commerce and Social Media Practice Greenberg Traurig, LLP 77 West Wacker Drive | Suite 3100 | Chicago, IL 60601 T +1 312.456.1020 M +1 773.677.3305 trac(a)gtlaw.com | www.gtlaw.com | View GT Biography From: Jeff Neuman via SubPro-IRT <subpro-irt(a)icann.org> Sent: Wednesday, May 7, 2025 11:00 AM To: Lars Hoffmann <lars.hoffmann(a)icann.org>; Next Round Policy Implementation via SubPro-IRT <subpro-irt(a)icann.org> Subject: [SubPro-IRT] Re: Updates and Materials *EXTERNAL TO GT* Thanks Lars. On the terms and conditions, the modification made does not address the comment I had at all. Now the language states only “Applicant may not resell, assign, or transfer this Application.” In 2012, it stated: “Applicant may not resell, assign, or transfer any of applicant’s rights or obligations in connection with the application.” Remember, the ICANN Board resolution of 30-4-23 stated that we needed to add MORE clarity to this. But we have actually done the opposite. If we could get legal counsel on the call so we can walk through it, perhaps they will understand the legal point I am raising. Namely, Assignment and Change of Control are two different concepts. Prohibiting the Assignment of an Application prohibits transferring the application from Party A to Party B. That is good and this is the part that is in there now. So assume Lars, you are Party A and I am party B. This provision rightly says that Lars may not transfer the application in its entirety to Me. However, in addition to not being able to assign the application as a whole to a third party, normally the language says, you may not assign the rights or obligations contained within the application to any third party. In fact, this is what the language said in the 2012 Guidebook…not sure why that was replaced with this. Why Does this matter? Who cares? Without the language about assigning the rights or obligations contained within the application, Lars, can essentially enter into an agreement with me, whereby I can control everything in the application. I can do all the bidding at an auction, I can do the negotiating with ICANN. Lars can essentially make me responsible for the entire application, but because the actual application itself was not assigned to me, there will be no background check on me, the public will never know I am the one pulling the strings and therefore there can be no objections filed against me or GAC early warnings, etc….no one has to know anything about me. In other words, in my example, Lars is just the public face, even though I am doing everything. Legally, the agreement Lars and I entered into is NOT an assignment and therefore is expressly allowed. In addition, an anti-assignment clause alone does NOT forbid any change of control over the application. Assume Lars company that submitted an application is called Lars, Inc. Lars, Inc. is currently owned 100% by Lars, Ltd. which is 100% owned by Lars Hoffmann. Lars discloses all of this in his application. I can enter into a deal to buy 100% of Lars Ltd. such that Lars Ltd. still owns 100% of the Lars Inc application….its just under my control right now. The Ts and Cs would allow this, because there has been no assignment of the application itself. Just a change of control of the parent company. And, more importantly, there would never be a background check on me, no public comment period on me, no ability to file objections, no ability for the government early warnings or GAC Advice. Bottom line, is that an anti-assignment clause that does not address change of control or assignment of the rights / responsibilities of the application, will lead to the sanctioning of the ultimate gaming. It will lead to shills submitting applications on behalf of third parties that will be able to escape all of the applicant evaluations, comments and objections we have created for the new gTLD round. Moreover, this is what the Board wanted us to clarify in its April 30, 2023, resolutions. And we have not only not clarified it, but we have made it much easier to game the system. More specifically, we have not addressed this: “Resolved (2023.04.30.13), the Board hereby notes the questions raised regarding certain conduct by both NDC and Altanovo and directs the Interim President and CEO, or her designee(s), to carefully consider the issues raised by the parties and the Panel in the .WEB IRP with regard to agreements similar to the DAA and communications prior to an ICANN auction when developing the Guidebook and auction rules for the next round of the New gTLD Program in order to provide greater clarity to applicants regarding the transparency and notification requirements throughout the application and auction processes.” From: Lars Hoffmann via SubPro-IRT <subpro-irt(a)icann.org> Sent: Wednesday, May 7, 2025 2:25 AM To: Next Round Policy Implementation via SubPro-IRT <subpro-irt(a)icann.org> Subject: [SubPro-IRT] Updates and Materials Dear IRT members, Following recent discussions, we have prepared redline updates to a number of topics – details and links below. Please note, the first to topics in the list: Terms and Conditions and Contention Resolution, will be the subject of tomorrow’s call. During tomorrow’s call we will also go over some of the conditional fee issues, I hope to share materials prior to the call on that, too. As always, please reach out with any questions/comments etc. Best. Lars Terms and Conditions [https://docs.google.com/document/d/1EfnA02C5lc-PXQUgukerFJ2rkSzLDFCbZ4jiZFO…] o Paragraph 1: We modified the language to make more clear which kinds of changes applicants are required to provide notice to ICANN, and this clarity also goes to the question about “material” since the requirement is that applicants must tell ICANN about changes with this Application that could adversely affect impact the results of the evaluation of this Application Paragraph 9: in response to questions about the ability to assign an application, we deleted the final section of the last clause because the intent is that an applicant cannot resell/assign/transfer an application. Contention Resolution / No Collusion [https://docs.google.com/document/d/1bIu1lRxe4zr-lKRlfoQzd9dayoysItb4-AtvXUz…] We updated section 2 (Prohibition of Private Resolution) as follows: o Made clear that applicants are only prohibited from communication on strings they are in contention with. Meaning that applicants can speak to other applicants/consultants etc. whose are not apply for a string they are in contention with. o Made clear that applicants prevailing in an auction may speak to other applicants they were in contention with, once these applicants have withdrawn from the program. o Added language that makes clear that ICANN reserves the right to take appropriate action to address false claims of violations of the no-collusion rules. We did not further elaborate/explain the term ‘other things of value’. While Anne’s point from our previous discussion is well made, we have intentionally left this language broad to cover a variety of situations/things. Application Journey [https://docs.google.com/document/d/1lXSaBBAHP1S57nxjHNvpRzrQrOoscCY_vN1QXp0…] We made updates to the RSP Selection language, reflecting input from the previous IRT discussion. We added more information regarding “expected duration” of the different stages of the application process Name Collision [https://docs.google.com/document/d/14lo8OPG80PVJnQQs0wlxafC07CC9YNyhzad5yvJ…] We made one substantive update following your feedback, adding “However, as permanent delegations take precedence over temporary delegations, this number may vary from month to month.” At the end of the first paragraph in section 4 (top of page 4). We also added a new footnote 1, referencing section 2.2 of the NCAP Study report.

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REMINDER EARLIER TIME | SubPro IRT Meeting #138 | 8 May 2025, 12:00-14:00 UTC
by Next Round Policy Implementation May 8, 2025

May 8, 2025

WE ARE MOVING THIS MEETING TO AN EARLIER TIME, NOW STARTING AT 12:00 UTC. PLEASE DO NOT FORGET TO ADJUST YOUR CALENDARS Dear All, Meeting #138 of the SubPro IRT will be held in one hour on 8 May 2025 at 12:00-14:00 UTC [local time [tinyurl.com]<https://urldefense.com/v3/__https:/tinyurl.com/mr2jnwhr__;!!PtGJab4!5C5Ifis…>]. Planned topics: Contention Sets – No Collusion Language; Terms & Conditions The final agenda can be consulted here [icann-community.atlassian.net]<https://urldefense.com/v3/__https:/icann-community.atlassian.net/wiki/x/TwD…>. Before the meeting, please be sure you have read the ICANN Expected Standards of Behavior<https://www.icann.org/resources/pages/expected-standards-2016-06-28-en> and the ICANN Community Anti-Harassment Policy<https://wecann.icann.org/external-link.jspa?url=https%3A%2F%2Fwww.icann.org…>. We would like to remind participants that to ensure transparency of participation in ICANN's multistakeholder model, we ask that you sign in to Zoom sessions using your full name. For example, First Name and Last Name or Surname. You may be removed from the session if you do not sign in using your full name. Zoom information: Join the Zoom Webinar directly (recommended): https://icann.zoom.us/j/97063459905?pwd=VUVsd0J0RnNtRXkyNXJFZW9vdTEzZz09 [icann.zoom.us]<https://urldefense.com/v3/__https:/icann.zoom.us/j/97063459905?pwd=VUVsd0J0…> Meeting ID: 970 6345 9905 Passcode: DQ#0L.9x5e Zoom Audio only: One tap mobile +13462487799,,97063459905#,,,,*5806401747# US (Houston) +16699006833,,97063459905#,,,,*5806401747# US (San Jose) Meeting ID: 970 6345 9905 Passcode: 5806401747 Should you be unable to attend the meeting, please let us know in advance. A recording will be made available. Please do not hesitate to contact us should you have any questions. Best regards, Renate

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RSP Stats
by Lars Hoffmann May 7, 2025

May 7, 2025

Hi IRT members, I wanted to share with you the RSP Statistics for April 2025: https://newgtldprogram.icann.org/en/application-rounds/round2/rsp/program-s… Best. Lars

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REMINDER EARLIER TIME | SubPro IRT Meeting #138 | 8 May 2025, 12:00-14:00 UTC
by Next Round Policy Implementation May 7, 2025

May 7, 2025

WE ARE MOVING THIS MEETING TO AN EARLIER TIME, NOW STARTING AT 12:00 UTC. PLEASE DO NOT FORGET TO ADJUST YOUR CALENDARS Dear All, Meeting #138 of the SubPro IRT will be held on 8 May 2025 at 12:00-14:00 UTC [local time [tinyurl.com]<https://urldefense.com/v3/__https:/tinyurl.com/mr2jnwhr__;!!PtGJab4!5C5Ifis…>]. Planned topics: Contention Sets – No Collusion Language; Terms & Conditions The final agenda can be consulted here [icann-community.atlassian.net]<https://urldefense.com/v3/__https:/icann-community.atlassian.net/wiki/x/TwD…>. Before the meeting, please be sure you have read the ICANN Expected Standards of Behavior<https://www.icann.org/resources/pages/expected-standards-2016-06-28-en> and the ICANN Community Anti-Harassment Policy<https://wecann.icann.org/external-link.jspa?url=https%3A%2F%2Fwww.icann.org…>. We would like to remind participants that to ensure transparency of participation in ICANN's multistakeholder model, we ask that you sign in to Zoom sessions using your full name. For example, First Name and Last Name or Surname. You may be removed from the session if you do not sign in using your full name. Zoom information: Join the Zoom Webinar directly (recommended): https://icann.zoom.us/j/97063459905?pwd=VUVsd0J0RnNtRXkyNXJFZW9vdTEzZz09 [icann.zoom.us]<https://urldefense.com/v3/__https:/icann.zoom.us/j/97063459905?pwd=VUVsd0J0…> Meeting ID: 970 6345 9905 Passcode: DQ#0L.9x5e Zoom Audio only: One tap mobile +13462487799,,97063459905#,,,,*5806401747# US (Houston) +16699006833,,97063459905#,,,,*5806401747# US (San Jose) Meeting ID: 970 6345 9905 Passcode: 5806401747 Should you be unable to attend the meeting, please let us know in advance. A recording will be made available. Please do not hesitate to contact us should you have any questions. Best regards, Renate

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Post call | SubPro IRT Meeting #137 | 6 May 2025
by Next Round Policy Implementation May 6, 2025

May 6, 2025

Dear All, The recordings for Meeting #137 of the SubPro IRT held on Tuesday, 6 May 2025 are published on the meeting wiki page<https://icann-community.atlassian.net/wiki/x/KADMCg>. These include: * Audio recording * Zoom recording (including audio, visual, rough transcript, chat) * Attendance * Deck For additional information, you may consult the mailing list archives<https://mm.icann.org/pipermail/subpro-irt/> and the main wiki page<https://community.icann.org/x/pQM5Dg>. Best regards, Renate

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CPE Scoring Spreadsheet
by Kathy Kleiman May 6, 2025

May 6, 2025

Hi All, I've put together a spreadsheet for CPE scoring. I offer it to you (attached) to test groups that you think /should pass/ and those you think /should not pass. / (Quick note: some scoring skips numbers.) I share Elaine Pruis' email of February and borrow her example of the Coin Family in my spreadsheet as a test. I am concerned that our newest version of the scoring puts the community scoring almost entirely in the evaluation of the community itself and not the larger world. Is that fair to larger communities using the same name? Won't there be gaming? Best, Kathy *----------------------------------* *From: *"Pruis, Elaine via SubPro-IRT" <subpro-irt(a)icann.org> *Reply-To: *"Pruis, Elaine" <epruis(a)verisign.com> *Date: *Friday, 7 February 2025 at 23:51 *To: *Michael Karakash <michael.karakash(a)icann.org>, "subpro-irt(a)icann.org" <subpro-irt(a)icann.org> *Subject: *[SubPro-IRT] Re: Updated Draft AGB Section for Topic 34: Community Applications Hello IRT, I had hoped to discuss this on a call, but have been asked to share to the list for discussion. Please read and provide feedback as CPE is about to go to public comment. There is a scenario where Community Priority could be gained by a very small group for a super generic string, which I don’t think aligns with the intention of providing this great advantage of avoiding ICANN auction via designation as a community. For ease of reference, here is the overall scoring section: 1.6.1 Criterion 1: Community Establishment This criterion relates to the community as explicitly identified according to statements in the application. The panel will seek to answer the following core questions in evaluating the application against this criterion: * Organization (2 points): Is the applicant the organizing body for the community? If not, is the applicant able to demonstrate that the community is organized, with an organizing body(ies) relevant to the community or to each member category of the community? * Engagement (1 point): Is the applicant able to demonstrate that there is active engagement with community members? * Awareness (1 point): Is the applicant able to demonstrate awareness among and between community members of the identified community? * Longevity (1 point): Is the applicant able to demonstrate the longevity of the community's pursuits, showing that they are enduring and sustainable rather than temporary? Here is the scenario. The application is for .coin, and the applicant represents a multigenerational family with the surname “Coin” . The applicant Mr. Coin Sr. has created an LLC and that LLC “Coin TLD” is the organizing body /for the community “as defined by the applicant/” (“My family, the Coin Klan is a community” says Mr. Coin). Mr. Coin Sr. can claim the family including Ms. Coin, Mr. Coin Jr. and Sister Coin have appointed him and the LLC as the organizing body for their Coin community. They are actively engaged with each other, even on a daily basis (“Dad can I have a ride to the movies?” says Sister Coin. They then spend lots of time in the car interacting. They text each other every day). Clearly the entire family is fully aware of their community and know they are part of the Coin Klan. The Coin community was established generations ago and since Mr. Coin Jr. has two kids and is expecting a baby soon, they can demonstrate longevity, sustainability, and prove they are not merely a temporary Klan. The opportunity for the Coin Klan to win .coin over any other applicant is real, but the delegation of a super generic string to a community such as The Coin Klan over any other applicant seems counter to the spirit of the recommendation. Can we add some language that prevents this sort of opportunism? Should there be extra scrutiny or higher points required when a super generic string is in play? Elaine

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REMINDER | SubPro IRT Meeting #137 | 6 May 2025, 12:00-14:00 UTC
by Next Round Policy Implementation May 6, 2025

May 6, 2025

Dear All, Meeting #137 of the SubPro IRT will be held in one hour on 6 May 2025 at 12:00-14:00 UTC [local time [tinyurl.com]<https://urldefense.com/v3/__https:/tinyurl.com/yka7wcpc__;!!PtGJab4!-VLDs72…>]. Planned topics: Planned topics: 9. PICs/RVCs; CPE The final agenda can be consulted here [icann-community.atlassian.net]<https://urldefense.com/v3/__https:/icann-community.atlassian.net/wiki/x/KAD…>. Before the meeting, please be sure you have read the ICANN Expected Standards of Behavior<https://www.icann.org/resources/pages/expected-standards-2016-06-28-en> and the ICANN Community Anti-Harassment Policy<https://wecann.icann.org/external-link.jspa?url=https%3A%2F%2Fwww.icann.org…>. We would like to remind participants that to ensure transparency of participation in ICANN's multistakeholder model, we ask that you sign in to Zoom sessions using your full name. For example, First Name and Last Name or Surname. You may be removed from the session if you do not sign in using your full name. Zoom information: Join the Zoom Webinar directly (recommended): https://icann.zoom.us/j/97063459905?pwd=VUVsd0J0RnNtRXkyNXJFZW9vdTEzZz09 [icann.zoom.us]<https://urldefense.com/v3/__https:/icann.zoom.us/j/97063459905?pwd=VUVsd0J0…> Meeting ID: 970 6345 9905 Passcode: DQ#0L.9x5e Zoom Audio only: One tap mobile +13462487799,,97063459905#,,,,*5806401747# US (Houston) +16699006833,,97063459905#,,,,*5806401747# US (San Jose) Meeting ID: 970 6345 9905 Passcode: 5806401747 Should you be unable to attend the meeting, please let us know in advance. A recording will be made available. Please do not hesitate to contact us should you have any questions. Best regards, Renate

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Overview of topics
by Lars Hoffmann May 6, 2025

May 6, 2025

Dear IRT members, As we are nearing the final public comment, Ilana has kindly put together a very helpful overview table (at least I think so) that provides easy access to the different topics/documents; a pdf version is attached. We will replicate the table on the wiki<https://icann-community.atlassian.net/wiki/x/B4CeDw> as soon as practicable, too. Please note, that the table reflects current planning. Similarly, we know that on several topics, such as RSP selection, Name Collision, Application Journey, etc., Fees, etc., we are still working on redline updates to reflect recent IRT input. We will share these as soon as they become available, but we do not believe, at this stage, that additional meetings are necessary. Thank you and best wishes, Lars

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REMINDER | SubPro IRT Meeting #137 | 6 May 2025, 12:00-14:00 UTC
by Next Round Policy Implementation May 5, 2025

May 5, 2025

Dear All, Meeting #137 of the SubPro IRT will be held on 6 May 2025 at 12:00-14:00 UTC [local time [tinyurl.com]<https://urldefense.com/v3/__https:/tinyurl.com/yka7wcpc__;!!PtGJab4!-VLDs72…>]. Planned topics: 9. PICs/RVCs; CPE The final agenda can be consulted here [icann-community.atlassian.net]<https://urldefense.com/v3/__https:/icann-community.atlassian.net/wiki/x/KAD…>. Before the meeting, please be sure you have read the ICANN Expected Standards of Behavior<https://www.icann.org/resources/pages/expected-standards-2016-06-28-en> and the ICANN Community Anti-Harassment Policy<https://wecann.icann.org/external-link.jspa?url=https%3A%2F%2Fwww.icann.org…>. We would like to remind participants that to ensure transparency of participation in ICANN's multistakeholder model, we ask that you sign in to Zoom sessions using your full name. For example, First Name and Last Name or Surname. You may be removed from the session if you do not sign in using your full name. Zoom information: Join the Zoom Webinar directly (recommended): https://icann.zoom.us/j/97063459905?pwd=VUVsd0J0RnNtRXkyNXJFZW9vdTEzZz09 [icann.zoom.us]<https://urldefense.com/v3/__https:/icann.zoom.us/j/97063459905?pwd=VUVsd0J0…> Meeting ID: 970 6345 9905 Passcode: DQ#0L.9x5e Zoom Audio only: One tap mobile +13462487799,,97063459905#,,,,*5806401747# US (Houston) +16699006833,,97063459905#,,,,*5806401747# US (San Jose) Meeting ID: 970 6345 9905 Passcode: 5806401747 Should you be unable to attend the meeting, please let us know in advance. A recording will be made available. Please do not hesitate to contact us should you have any questions. Best regards, Renate

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EARLIER TIME | SubPro IRT Meeting #138 | 8 May 2025, 12:00-14:00 UTC
by Next Round Policy Implementation May 5, 2025

May 5, 2025

WE ARE MOVING THIS MEETING TO AN EARLIER TIME, NOW STARTING AT 12:00 UTC. PLEASE DO NOT FORGET TO ADJUST YOUR CALENDARS Dear All, Meeting #138 of the SubPro IRT will be held on 8 May 2025 at 12:00-14:00 UTC [local time<https://tinyurl.com/mr2jnwhr>]. Planned topics: Contention Sets – No Collusion Language; Terms & Conditions The final agenda can be consulted here<https://icann-community.atlassian.net/wiki/x/TwDMCg?atlOrigin=eyJpIjoiYWU4Y…>. Before the meeting, please be sure you have read the ICANN Expected Standards of Behavior<https://www.icann.org/resources/pages/expected-standards-2016-06-28-en> and the ICANN Community Anti-Harassment Policy<https://wecann.icann.org/external-link.jspa?url=https%3A%2F%2Fwww.icann.org…>. We would like to remind participants that to ensure transparency of participation in ICANN's multistakeholder model, we ask that you sign in to Zoom sessions using your full name. For example, First Name and Last Name or Surname. You may be removed from the session if you do not sign in using your full name. Zoom information: Join the Zoom Webinar directly (recommended): https://icann.zoom.us/j/97063459905?pwd=VUVsd0J0RnNtRXkyNXJFZW9vdTEzZz09 [icann.zoom.us]<https://urldefense.com/v3/__https:/icann.zoom.us/j/97063459905?pwd=VUVsd0J0…> Meeting ID: 970 6345 9905 Passcode: DQ#0L.9x5e Zoom Audio only: One tap mobile +13462487799,,97063459905#,,,,*5806401747# US (Houston) +16699006833,,97063459905#,,,,*5806401747# US (San Jose) Meeting ID: 970 6345 9905 Passcode: 5806401747 Should you be unable to attend the meeting, please let us know in advance. A recording will be made available. Please do not hesitate to contact us should you have any questions. Best regards, Renate

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Re: [Ext] Re: IMPORTANT: PLEASE READ!
by Lars Hoffmann May 4, 2025

May 4, 2025

Thanks, Marc. We will work with the team to bring this call forwarded by a few hours. Likely we will change it to the 12-14 UTC slot – but I need to confer with the team on Monday before changing invites, etc. I wanted to set expectations for the call, that I believe we are unlikely to require the full 2h and hope to share updated redlines in advance to ensure the discussion can proceed as smoothly as feasible. Best. Lars From: "trachtenbergm(a)gtlaw.com" <trachtenbergm(a)gtlaw.com> Date: Friday, 2 May 2025 at 11:14 To: Lars Hoffmann <lars.hoffmann(a)icann.org>, "subpro-irt(a)icann.org" <subpro-irt(a)icann.org> Subject: [Ext] Re: IMPORTANT: PLEASE READ! Thanks Lars. But the problem with the May 8 call is that as I mentioned on the last call many are leaving CPS that day including me. The call on May 8 will be at 11pm Hanoi time which is when my flight is and I would like to participate in the discussion of contention set resolution and the anti-collision rules. Best regards, Marc Trachtenberg Chair, Internet, Domain Name, eCommerce, and Social Media Practice Greenberg Traurig, LLP 77 West Wacker Drive Chicago,IL 60613 (O) +1.312.456.1020 (M) +1.773.677.3305 Trac(a)gtlaw.com ________________________________ From: Lars Hoffmann via SubPro-IRT <subpro-irt(a)icann.org> Sent: Friday, May 2, 2025 5:43:56 PM To: Anne ICANN via SubPro-IRT <subpro-irt(a)icann.org> Subject: [SubPro-IRT] IMPORTANT: PLEASE READ! *EXTERNAL TO GT* Dear IRT members, Due to the contracted parties’ summit that many of you are attending, we are making an important change to next week’s agenda: We will now have the meeting on CPE and RVCs/PICs on Tuesday, 6 May, from 12:00-14:00 UTC. [cid:image001.png@01DBBCD9.D5279DB0] This will hopefully allow as many of you as possible to participate. I’d like to thank our LA-based team for being extremely flexible and able to present and lead the discussion at 5am local time. In return, on Thursday 8 May we will have a follow up on Terms and Condition and Contention Resolution. I am planning to post updated redline language on-list before the meeting. Calendar invites, wiki pages, etc. will be updated accordingly. Thank you and best wishes, Lars

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Updated Topic 9 AGB Text: PICs/RVCs/Community Registration Policies
by Ariel Liang May 2, 2025

May 2, 2025

Dear IRT Members, Please find here the updated Topic 9 AGB text in preparation for our call on 8 May. * Clean version: https://docs.google.com/document/d/1v150Usag-3uYRH2e8pSjWa49k9nWcytM963JSTM… - heading=h.ri1736pcfxf1<https://docs.google.com/document/d/1v150Usag-3uYRH2e8pSjWa49k9nWcytM963JSTM…> * Redline version (compared to the version published for Public Comment – see v05_2025-05-08): https://icann-community.atlassian.net/wiki/spaces/SPIR/pages/112200175/1.+W… - :~:text=Proposed AGB Language_v05_2025-05-08 %5BRedlines%5D.pdf<https://icann-community.atlassian.net/wiki/spaces/SPIR/pages/112200175/1.+W…> Please note that the updates reflect input received from public comments, which we discussed during the 16 April<https://icann-community.atlassian.net/wiki/spaces/SPIR/pages/112203289/2025…> meeting. In addition, there are substantive updates for footnote 11 (pp.10-11), Section 3.2.4 (pp.15), footnote 13 (p.16), and first paragraph of Section 4 and footnote 19 (p.21). These updates intend to address input from the IRT during our 16 April meeting. Look forward to our discussion next week! Best Regards, Ariel

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CANCELLED | SubPro IRT Meeting #139a | 14 May 2025, 06:00-07:00 UTC
by Next Round Policy Implementation May 2, 2025

May 2, 2025

Dear All, Meeting #139a of the SubPro IRT of 14 May 2025 at 06:00-07:00 UTC [local time<https://tinyurl.com/42bkn7vp>] has been cancelled. Best regards, Renate

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IMPORTANT: PLEASE READ!
by Lars Hoffmann May 2, 2025

May 2, 2025

Dear IRT members, Due to the contracted parties’ summit that many of you are attending, we are making an important change to next week’s agenda: We will now have the meeting on CPE and RVCs/PICs on Tuesday, 6 May, from 12:00-14:00 UTC. [cid:image001.png@01DBBB4F.1A4FF5E0] This will hopefully allow as many of you as possible to participate. I’d like to thank our LA-based team for being extremely flexible and able to present and lead the discussion at 5am local time. In return, on Thursday 8 May we will have a follow up on Terms and Condition and Contention Resolution. I am planning to post updated redline language on-list before the meeting. Calendar invites, wiki pages, etc. will be updated accordingly. Thank you and best wishes, Lars

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Implementation of Sub Pro Final Report Recommendation 36.4
by Anne ICANN May 1, 2025

May 1, 2025

Hi Karla, Susan and I will need to meet the Council deadline of May 5 to get the issue of implementation of Recommendation 36.4 on the agenda. Accordingly, we need your redline of this section in the existing Base Registry RA and explanation of the ICANN Org position on this language no later than* May 2* since we will need to provide a cover memo to Leadership. It may be best to copy the full IRT on your response, but we leave that to your discretion. Thank you, Anne and Susan Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2026 anneicanngnso(a)gmail.com

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Base RA redline
by Anne ICANN May 1, 2025

May 1, 2025

Hi Karla, Do we currently have a link to the entire Base RA redline as previously requested? Will the Base RA language be going out for public comment at the same time as the draft AGB in its entirety? How long with the public comment period be? Thank you, Anne Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2026 anneicanngnso(a)gmail.com

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Changing the definition of trademark licensee in Spec 13
by Kathy Kleiman May 1, 2025

May 1, 2025

Dear Marc, As you and the WG requested, I put the issue of removing the requirement of being a trademark licensee/registrant being a business as a requirement for a .Brand gTLD out to IP Professors and senior attorneys I work with and /*there is *//*strong disagreement about the change. */ /**/ Please remember that .BRAND gTLDs are created under special rules – and exempted from many rules and requirements due to diligent advocacy by you, Jeff and others – but there are still some rules by which .BRAND gTLD must operate and business affiliation + contractual obligations for the .Brand registry and registrants are key. You asked and I did the research: In Specification 13 of the Registry Agreement, for a .BRAND gTLD (like .SONY): * registration of domain names is limited: "only Registry Operator, its Affiliates or Trademark Licensees are registrants of domain names in the TLD and control the DNS records associated with domain names at any level in the TLD;" The current definition of trademark licensee does not include individuals: * "'Trademark Licensee' means any corporation, partnership, limited liability company or similar legal entity (and not a person) that has a written trademark license agreement with Registry Operator or its Affiliate, for use of the registered trademark owned by Registry Operator or its Affiliate, the textual elements of which correspond exactly to the .Brand TLD string operated by Registry Operator, where: 1. such license is valid under applicable law; 2. such license is for the use of such trademark in the regular course of that entity’s businessoutside of the provision of Registry Services, and is not primarily for the purpose of enabling registration or use of domain names in the TLD 3. such trademark is used continuously in that entity’s business throughout the Term; and 4. the domain names in the TLD registered to the Trademark Licensee are required to be used for the promotion, support, distribution, sales or other services reasonably related to any of the goods and/or services identified in the trademark registration." emphasis added. According to the IP professionals and professors I contacted (very familiar with ICANN processes), to add “individuals” will blur the line of what a .BRAND is and is not, and bring .BRANDs into the world of regular registries. Such a change would allow a .Brand to register domain names to potentially millions of individuals – not to clear, known, and contractual business partners - and that is not the narrowly-tailored purpose of a .BRAND. As one IP professor noted: “I have a license to use Microsoft, but I can never present myself as affiliated with Microsoft as an individual. This is not a license to ‘merely allow people to express affiliation with, support of, or fandom for the TM owner.’” Idea: To capture the narrow case you are looking to protect, e.g., the individual realtors you mentioned who operate under .REALTOR (which we now know is a trademark, although no one thinks so), they suggest that you may want to recommend adding “sole proprietorships” to “corporation, partnership, limited liability company, or similar legal entity (and not a person)…” in the definition of trademark licensee.(*Sole Proprietorship definition below) ---------------- Overall, the essence of the .BRAND and the Spec 13 requirements and exemptions always came with _very clear limitation on domain name registration_ -- _only those with a binding business relationship to the Brand_. We cannot expand that limitation to individuals without a full PDP – for that would be creating new policy. And we do not create new policy in an IRT, as you would be the first to agree. Best, Kathy * Sole proprietorship is a business structurewhere one individual owns and operates the business, with no legal distinction between the owner and the business. This means the owner is personally liable for all business debts and receives all profits. It's often the simplest and most common form of business ownership.

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SubPro IRT Meeting #133 Follow Up - ASP Support Plan
by Samantha Mancia April 30, 2025

April 30, 2025

Dear IRT members, I hope you are all well. We are reaching out to follow up on several questions posed during the recent SubPro IRT Meeting #133<https://icann-community.atlassian.net/wiki/spaces/SPIR/pages/180879361/2025…> regarding the ASP support plan. In our last ASP IRT Sub-Track call we provided an update on the professional service providers who have volunteered to provide pro bono services and mentorship and where those numbers currently stand. The good news is that we have great coverage so far. You can find more information in the deck and recording from that meeting here<https://icann-community.atlassian.net/wiki/spaces/SPIR/pages/204242945/2025…>. We also have some planned next steps around pro bono service providers such as: * publishing the list once the first ASP applicants complete the evaluation process (which we expect will occur within the next few months) or sooner to provide support to ASP applicants still in the ASP application process; * creating pro bono service provider and mentor profiles for supported applicants to learn about their areas of expertise; * holding onboarding webinars for pro bono service providers and mentors; and * holding webinars for supported applicants to introduce them to the services and areas of specialty that pro bono service providers and mentors offer, while also maintaining supported applicants’ anonymity. We will update the IRT once we make progress on the next steps outlined above. The duration of the package of support is planned to extend through the lifecycle of the application process and beyond. Capacity development support materials include a learning journey guiding the applicant through post-contracting and highlighting opportunities to engage with ICANN’s multi-stakeholder community. ICANN’s dedicated ASP Applicant Counselor will provide guidance to ASP potential applicants, applicants in progress, and supported applicants through regular touch-points, access to learning resources, and communications. Pro bono service provider resource availability and mentorship is at the discretion of those providers, our ask of them is that they will continue to actively engage with supported applicants for the long-term, as deemed appropriate by both parties. We hope this has provided additional clarity on the availability and duration of support we are planning. More information on non-financial support and pro bono services can be found in our FAQs<https://newgtldprogram.icann.org/en/application-rounds/round2/asp/faqs#21> and in the ICANN82 presentation to the NCSG<https://icann82.sched.com/event/1vpdv/gnso-ncsg-issue-forum> deck and recording. For information on the Applicant Counselor, please refer to slide 19<https://static.sched.com/hosted_files/icann82/37/ICANN82%20NCSG%20briefing%…>. Please don’t hesitate to share additional questions at the upcoming IRT Outreach briefing on 14 May 2025 at 6:00 - 7:00 UTC<https://icann-community.atlassian.net/wiki/spaces/SPIR/pages/180879502/2025…> or via globalsupport(a)icann.org<mailto:globalsupport@icann.org>. Kind Regards, Samantha Mancia Project Manager, New gTLD Program Team Internet Corporation for Assigned Names and Numbers (ICANN) Office Telephone: +1 310 301 5800 www.icann.org<http://www.icann.org>

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Updated AGB Language re: CPE
by Jared Erwin April 30, 2025

April 30, 2025

Dear IRT Members, Please find below the updated CPE language for our call next week (will confirm date shortly). The updated language reflects changes related to our discussion on awareness and longevity, the comments re: double counting and nexus, and to align language on Community Registration Policies with the AGB language on PICs/RVCs/RCE. * Google doc: https://docs.google.com/document/d/1gVDvbjPEdwzxmBI96yLZ7yN0FKQvccBFmWCg2-t… * PDF: https://icann-community.atlassian.net/wiki/spaces/SPIR/pages/112200175/1.+W… Thank you, Jared -- Jared Erwin Director, New gTLD Program Global Domains & Strategy Internet Corporation for Assigned Names and Numbers (ICANN) jared.erwin(a)icann.org<mailto:jared.erwin@icann.org>

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Post call | SubPro IRT Meeting #136 | 30 April 2025
by Next Round Policy Implementation April 30, 2025

April 30, 2025

Dear All, The recordings for Meeting #136 of the SubPro IRT held on Wednesday, 30 April 2025 are published on the meeting wiki page<https://icann-community.atlassian.net/wiki/x/AQDMCg>. These include: * Audio recording * Zoom recording (including audio, visual, rough transcript, chat) * Attendance * Deck For additional information, you may consult the mailing list archives<https://mm.icann.org/pipermail/subpro-irt/> and the main wiki page<https://community.icann.org/x/pQM5Dg>. Best regards, Renate

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Re: Updated Application Questions
by Lars Hoffmann April 30, 2025

April 30, 2025

Dear IRT members, Bringing Jared’s email from last week Thursday back to the top of your inboxes as this will today’s second topic (after Fees). Best. Lars From: Jared Erwin via SubPro-IRT <subpro-irt(a)icann.org> Reply to: Jared Erwin <jared.erwin(a)icann.org> Date: Thursday, 24 April 2025 at 16:11 To: "subpro-irt(a)icann.org" <subpro-irt(a)icann.org> Subject: [SubPro-IRT] Updated Application Questions Dear IRT Members, Please find here the updated application questions for our call at 18 UTC today. * See document here: https://docs.google.com/document/d/1FZ7NaLUaQ67DWeSoUHgUhTaa0s5y5hmwup0-nXI… [docs.google.com]<https://urldefense.com/v3/__https:/docs.google.com/document/d/1FZ7NaLUaQ67D…> * PDF: https://icann-community.atlassian.net/wiki/spaces/SPIR/pages/112200175/1.+W… [icann-community.atlassian.net]<https://urldefense.com/v3/__https:/icann-community.atlassian.net/wiki/space…> (give the link a second to load to the correct spot) Please note that due to changes in format, a (useful) redline is not possible to create, but the following updates or changes have been made: * Have indicated where applicable that Latin Characters should be used * Have indicated where applicable that Acronyms should be spelled out * Have provided more information regarding response format, document and character limitations * Noted in Question 3 regarding the legal form in English * Added questions 11-14 regarding Affiliate * Updated question 63 regarding significant influence * Added question 104 regarding Refund * Added Questions 120, 127, 135, 141 regarding “generic” name * Added questions 182-184 regarding RVCs * Removed question regarding Registry Data Escrow provider For your reference, see the previous version here: https://docs.google.com/document/d/18PoM_quQ3vZtLnPdWF1TZOWjUINvsl8iYjRHpvw… [docs.google.com]<https://urldefense.com/v3/__https:/docs.google.com/document/d/18PoM_quQ3vZt…> Thank you, Jared -- Jared Erwin Director, New gTLD Program Global Domains & Strategy Internet Corporation for Assigned Names and Numbers (ICANN) jared.erwin(a)icann.org<mailto:jared.erwin@icann.org>

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REMINDER | SubPro IRT Meeting #136 | 30 April 2025, 12:00-14:00 UTC
by Next Round Policy Implementation April 30, 2025

April 30, 2025

Dear All, Meeting #136 of the SubPro IRT will be held in one hour on 30 April 2025 at 12:00-14:00 UTC [local time<https://tinyurl.com/5a7aw6m7>]. Planned topics: 15. Application Fees; Objections & Appeals; RSP Selection The final agenda can be consulted here<https://icann-community.atlassian.net/wiki/x/AQDMCg?atlOrigin=eyJpIjoiNzg1N…>. Before the meeting, please be sure you have read the ICANN Expected Standards of Behavior<https://www.icann.org/resources/pages/expected-standards-2016-06-28-en> and the ICANN Community Anti-Harassment Policy<https://wecann.icann.org/external-link.jspa?url=https%3A%2F%2Fwww.icann.org…>. We would like to remind participants that to ensure transparency of participation in ICANN's multistakeholder model, we ask that you sign in to Zoom sessions using your full name. For example, First Name and Last Name or Surname. You may be removed from the session if you do not sign in using your full name. Zoom information: Join the Zoom Webinar directly (recommended): https://icann.zoom.us/j/97063459905?pwd=VUVsd0J0RnNtRXkyNXJFZW9vdTEzZz09 [icann.zoom.us]<https://urldefense.com/v3/__https:/icann.zoom.us/j/97063459905?pwd=VUVsd0J0…> Meeting ID: 970 6345 9905 Passcode: DQ#0L.9x5e Zoom Audio only: One tap mobile +13462487799,,97063459905#,,,,*5806401747# US (Houston) +16699006833,,97063459905#,,,,*5806401747# US (San Jose) Meeting ID: 970 6345 9905 Passcode: 5806401747 Should you be unable to attend the meeting, please let us know in advance. A recording will be made available. Please do not hesitate to contact us should you have any questions. Best regards, Renate

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Post call | SubPro IRT Meeting #135 | 29 April 2025
by Next Round Policy Implementation April 30, 2025

April 30, 2025

Dear All, The recordings for Meeting #135 of the SubPro IRT held on Tuesday, 29 April 2025 are published on the meeting wiki page<https://icann-community.atlassian.net/wiki/x/IgDICg>. These include: * Audio recording * Zoom recording (including audio, visual, rough transcript, chat) * Attendance * Deck For additional information, you may consult the mailing list archives<https://mm.icann.org/pipermail/subpro-irt/> and the main wiki page<https://community.icann.org/x/pQM5Dg>. Best regards, Renate

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REMINDER | SubPro IRT Meeting #136 | 30 April 2025, 12:00-14:00 UTC
by Next Round Policy Implementation April 30, 2025

April 30, 2025

Dear All, Meeting #136 of the SubPro IRT will be held on 30 April 2025 at 12:00-14:00 UTC [local time<https://tinyurl.com/5a7aw6m7>]. Planned topics: 15. Application Fees; Objections & Appeals; RSP Selection The final agenda can be consulted here<https://icann-community.atlassian.net/wiki/x/AQDMCg?atlOrigin=eyJpIjoiNzg1N…>. Before the meeting, please be sure you have read the ICANN Expected Standards of Behavior<https://www.icann.org/resources/pages/expected-standards-2016-06-28-en> and the ICANN Community Anti-Harassment Policy<https://wecann.icann.org/external-link.jspa?url=https%3A%2F%2Fwww.icann.org…>. We would like to remind participants that to ensure transparency of participation in ICANN's multistakeholder model, we ask that you sign in to Zoom sessions using your full name. For example, First Name and Last Name or Surname. You may be removed from the session if you do not sign in using your full name. Zoom information: Join the Zoom Webinar directly (recommended): https://icann.zoom.us/j/97063459905?pwd=VUVsd0J0RnNtRXkyNXJFZW9vdTEzZz09 [icann.zoom.us]<https://urldefense.com/v3/__https:/icann.zoom.us/j/97063459905?pwd=VUVsd0J0…> Meeting ID: 970 6345 9905 Passcode: DQ#0L.9x5e Zoom Audio only: One tap mobile +13462487799,,97063459905#,,,,*5806401747# US (Houston) +16699006833,,97063459905#,,,,*5806401747# US (San Jose) Meeting ID: 970 6345 9905 Passcode: 5806401747 Should you be unable to attend the meeting, please let us know in advance. A recording will be made available. Please do not hesitate to contact us should you have any questions. Best regards, Renate

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IRT meeting 30 April
by Lars Hoffmann April 30, 2025

April 30, 2025

Dear members of the IRT, For tomorrow’s (30 April) call, we will discuss fees and application questions. Materials for both topics were previously shared on list. We also updated the wiki that now has a link to the slide deck. Best wishes, Lars https://icann-community.atlassian.net/wiki/x/AQDMCg

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