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Reserved Names - GNSO Council Special Meeting October 9
by Anne ICANN Sept. 24, 2025

Sept. 24, 2025

Dear IRT, As I'm sure Lars already knows, GNSO Council Leadership has called a Special Meeting on October 9 to discuss the Reserved Names implementation issue and the Options presented by staff, along with the previous positions covered in IRT meetings. The Option 3 proposal supported by several of you on the list has been mentioned, but has not been briefed by staff at this point. I believe staff has concluded that Option 3 would involve further policy work that would endanger the timing of the 2026 round. Is that correct, Lars? I will be urging Council, after the full discussion on October 9, to conduct a vote outside the Council meeting to be done electronically pursuant to the terms of GNSO Operating Procedures Section 4.10. This requires a 7 day advance notice and would be the quickest and most efficient way to have a Council decision prior to Dublin, i.e. one week after October 9. Many thanks to Susan for reviewing our Council action items and then tracking down the time requirements associated with the Special Meeting, thereby helping us to "get on with it". Anne Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2026 anneicanngnso(a)gmail.com

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REMINDER | SubPro IRT Meeting #159e | 25 September 2025, 21:00-22:00 UTC
by Next Round Policy Implementation Sept. 24, 2025

Sept. 24, 2025

Dear All, Meeting #159e of the SubPro IRT will be held on 25 September 2025 at 21:00-22:00 UTC [local time [tinyurl.com]<https://urldefense.com/v3/__https:/tinyurl.com/39ys934c__;!!PtGJab4!7JgQwbc…>]. The final agenda can be consulted here [icann-community.atlassian.net]<https://urldefense.com/v3/__https:/icann-community.atlassian.net/wiki/x/CwA…>. 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://www.icann.org/en/governance/documents/icann-community-anti-harassme…>. 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 SubPro IRT Meeting #159e When: Thursday, 25 September 2025 at 23:00 to Friday, 26 September 2025 at 00:00. Location: https://icann.zoom.us/j/97063459905?pwd=VUVsd0J0RnNtRXkyNXJFZW9vdTEzZz09

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Re: [Ext] Re: Terms and Conditions
by Lars Hoffmann Sept. 24, 2025

Sept. 24, 2025

Thank you, Marc. I appreciate the point you make – no doubt about it. From a staff perspective, we try to be responsive to the input we receive during IRT calls as well as during public comments. While I am happy to look at this again next week Thursday, I want to emphasize that the update was not org-driven but based on community input including input from public comment. Thank you and best wishes Lars From: "trachtenbergm(a)gtlaw.com" <trachtenbergm(a)gtlaw.com> Date: Friday, 19 September 2025 at 15:02 To: Lars Hoffmann <lars.hoffmann(a)icann.org>, "subpro-irt(a)icann.org" <subpro-irt(a)icann.org> Subject: [Ext] Re: Terms and Conditions Lars, There is simply too much going on in this IRT and way too many calls for everyone to attend everything and catch everything. Accordingly, if we catch something later, like when discussed again on an IRT call, we should be able to adjust it if it will make for a better next round. Best regards, Marc H. Trachtenberg Shareholder Chair, Internet, Domain Name, e-Commerce and Social Media Practice Greenberg Traurig, LLP Aspen Chicago 411 E. Main Street 360 North Green Street Suite 207 | Aspen, CO 81611 Suite 1300 | Chicago, IL 60607 T +1 970.300.5313 T +1 312.456.1020 M +1 773.677.3305 M +1 773.677.3305 trac(a)gtlaw.com<mailto:trachtenbergm@gtlaw.com> | www.gtlaw.com [gtlaw.com]<https://urldefense.com/v3/__http:/www.gtlaw.com/__;!!PtGJab4!4btHTY7SBwaPtx…> | View GT Biography [gtlaw.com]<https://urldefense.com/v3/__https:/www.gtlaw.com/en/professionals/t/trachte…> [Image removed by sender. Greenberg Traurig Logo] [Image removed by sender. Greenberg Traurig Logo] ________________________________ From: Lars Hoffmann via SubPro-IRT <subpro-irt(a)icann.org> Sent: Friday, September 19, 2025 1:17:06 AM To: Next Round Policy Implementation via SubPro-IRT <subpro-irt(a)icann.org> Subject: [SubPro-IRT] Terms and Conditions *EXTERNAL TO GT* Dear SubPro IRT members, There were two issues with regard to the T&Cs that came up during last week’s (12 Sept) IRT call that we touched on yesterday, so I just wanted to close that loop. Issue 1: Discloser Requirements During last week’s call, we discussed the public comment on the Terms and Conditions. Marc and Mike stated that the enhanced disclosure requirements in Q108 went too far. As I noted on last night’s call, we expanded these requirements based on community input during the fourth public comment. The wording that went out for public comment from May to July<https://urldefense.com/v3/__https:/itp.cdn.icann.org/en/files/policy-develo…> (see p.248) is the same as we have it now (current language<https://urldefense.com/v3/__https:/docs.google.com/document/d/17w1jJcPfSR0-…>; note the numbering changed from 109 to 108). The requirements were broadened based on community feedback in the fourth comment period in response to concerns about a change of control of an application taking place unnoticed. As there was no input on these questions in the latest public comment, we will keep this as is. For completion please also see the language in the Terms and Conditions that has been updated to reflect the requirement to inform ICANN if any changes occur that may impact the evaluation outcome of an application. This was shared on a slide last week, but we now have the redline<https://urldefense.com/v3/__https:/docs.google.com/document/d/1-H-j-QOFt7HH…> – this change also required a small addition to the Change Request Section- see here<https://urldefense.com/v3/__https:/docs.google.com/document/d/1HWZHBlj91hPl…>. Issue 2: ICANN’s ability to sanction applicants that are found to have not complied with the disclosure requirements The IRT was aligned – I do not recall any dissent – that ICANN should have the ability to terminate a Registry Agreement should a (then) registry operator be found to have broken the disclosure requirements during their past application evaluation process. We will continue to look at this issue including how/where to include it, including what is already covered under the RA. Many thanks and best wishes, Lars ________________________________ If you are not an intended recipient of confidential and privileged information in this email, please delete it, notify us immediately at postmaster(a)gtlaw.com, and do not use or disseminate the information.

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After the IRT is before the SPIRT
by Lars Hoffmann Sept. 22, 2025

Sept. 22, 2025

Hi everyone – I just wanted to make sure you all had seen the call for volunteers to serve on the Standing Predictability Implementation Review Team (SPIRT): https://www.icann.org/en/announcements/details/icann-generic-names-supporti…. Very best. Lars

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CANCELLATION | SubPro IRT Meeting #159a | 23 September 2025, 19:00-20:00 UTC
by Next Round Policy Implementation Sept. 22, 2025

Sept. 22, 2025

Dear All, Meeting #159a of the SubPro IRT on 23 September 2025 is cancelled. Best regards, Renate

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Terms and Conditions
by Lars Hoffmann Sept. 19, 2025

Sept. 19, 2025

Dear SubPro IRT members, There were two issues with regard to the T&Cs that came up during last week’s (12 Sept) IRT call that we touched on yesterday, so I just wanted to close that loop. Issue 1: Discloser Requirements During last week’s call, we discussed the public comment on the Terms and Conditions. Marc and Mike stated that the enhanced disclosure requirements in Q108 went too far. As I noted on last night’s call, we expanded these requirements based on community input during the fourth public comment. The wording that went out for public comment from May to July<https://itp.cdn.icann.org/en/files/policy-development/new-gtld-program-next…> (see p.248) is the same as we have it now (current language<https://docs.google.com/document/d/17w1jJcPfSR0-eZYHC4uh229k--JcK7zaQZ-O301…>; note the numbering changed from 109 to 108). The requirements were broadened based on community feedback in the fourth comment period in response to concerns about a change of control of an application taking place unnoticed. As there was no input on these questions in the latest public comment, we will keep this as is. For completion please also see the language in the Terms and Conditions that has been updated to reflect the requirement to inform ICANN if any changes occur that may impact the evaluation outcome of an application. This was shared on a slide last week, but we now have the redline<https://docs.google.com/document/d/1-H-j-QOFt7HH4drFIc2U8RY9YVvrfco9_XuBwYc…> – this change also required a small addition to the Change Request Section- see here<https://docs.google.com/document/d/1HWZHBlj91hPl7QIepK6qCNiim4yFb3nkNtSe7Uk…>. Issue 2: ICANN’s ability to sanction applicants that are found to have not complied with the disclosure requirements The IRT was aligned – I do not recall any dissent – that ICANN should have the ability to terminate a Registry Agreement should a (then) registry operator be found to have broken the disclosure requirements during their past application evaluation process. We will continue to look at this issue including how/where to include it, including what is already covered under the RA. Many thanks and best wishes, Lars

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Post call | SubPro IRT Meeting #159 | 18 September 2025
by Next Round Policy Implementation Sept. 19, 2025

Sept. 19, 2025

Dear All, The recordings for Meeting #159 of the SubPro IRT held on Thursday, 18 September 2025 are published on the meeting wiki page<https://icann-community.atlassian.net/wiki/x/AQBrGg>. 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 | LATER TIME | SubPro IRT Meeting #159 | 18 September 2025, 17:00-19:00 UTC
by Next Round Policy Implementation Sept. 18, 2025

Sept. 18, 2025

PLEASE NOTE THE CHANGE OF TIME OF THIS MEETING, NOW STARTING AT 17:00 UTC. THANK YOU FOR UPDATING YOUR CALENDARS. Dear All, Meeting #159 of the SubPro IRT will be held in one hour on 18 September 2025 at 17:00-19:00 UTC [local time<https://tinyurl.com/3esfnpjk>]. The final agenda can be consulted here [icann-community.atlassian.net]<https://urldefense.com/v3/__https:/icann-community.atlassian.net/wiki/x/AQB…>. 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://www.icann.org/en/governance/documents/icann-community-anti-harassme…>. 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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FW: Revised Spec 7, Section 1
by Karla Hakansson Sept. 17, 2025

Sept. 17, 2025

Hello SubPro IRT members, Ahead of our discussion tomorrow, 18 September, please find attached an excerpted redline of Specification 7, Section 1 marked against the public comment version<https://itp.cdn.icann.org/en/files/policy-development/clean-draft-next-roun…> of the Next Round RA. This redline reflects both the redline below and our subsequent discussion on 5 August. This redline also incorporates cleanup regarding the defined terms, including: * An update to “use the Sunrise” to “use the Sunrise Services”, and * An update to “Sunrise or Trademark Claims RPMs” to “RPMs” as “RPMs” is defined earlier in this section. Please let me know if you have any questions in advance of our call. Best Regards, Karla From: "Jeffrey J. Neuman via SubPro-IRT" <subpro-irt(a)icann.org> Reply-To: Jeff Neuman <jeff(a)jjnsolutions.com> Date: Monday, August 4, 2025 at 09:41 To: "subpro-irt(a)icann.org" <subpro-irt(a)icann.org> Subject: [SubPro-IRT] Revised Spec 7, Section 1 All, I have been working with Susan Payne, Susan Anthony, Katrin Ohlmer, Anne Aikman-Scalese, and Kathy Kleiman on the language for Specification 7. I can't say that everyone "approved" the language yet, but we wanted to get it out to the team with enough time for review. Below is the language followed by an explanation. Note: This includes incorporation of the IPC comment received during public comments (I hope ;)) 1. Rights Protection Mechanisms. Registry Operator shall implement and adhere to the rights protection mechanisms (“RPMs”) specified in this Specification. [and shall not restrict the ability of Trademark Holders to use the Sunrise Period (each as defined in the Trademark Clearinghouse Requirements) in contravention with the intent of such RPMs]. In addition to such RPMs, Registry Operator may develop and implement additional RPMs that discourage or prevent registration of domain names that violate or abuse another party’s legal rights. Registry Operator will include all RPMs required by this Specification 7 and any additional RPMs developed and implemented by Registry Operator in the Registry-Registrar Agreement entered into by ICANN accredited registrars authorized to register names in the TLD. Registry Operator shall implement in accordance with requirements set forth therein each of the mandatory RPMs set forth in the Trademark Clearinghouse as of the date hereof, as posted at https://www.icann.org/en/resources/registries/tmch-requirements (the “Trademark Clearinghouse Requirements”), which may be revised in immaterial respects by ICANN from time to time. Except as permitted by a Qualified Launch Program or an Approved Launch Program, Registry Operator shall not operate the TLD in such a way as to unfairly restrict the ability of Trademark Holders to use the Sunrise or to otherwise circumvent the purposes of the RPMs, which are set forth in paragraphs 1 and 2 of the Trademark Clearinghouse Requirements. Registry Operator shall not mandate that any owner of applicable intellectual property rights use any other trademark information aggregation, notification, or validation service in addition to or instead of the ICANN-designated Trademark Clearinghouse. If there is a conflict between the terms and conditions of this Agreement and the Trademark Clearinghouse Requirements, the terms and conditions of this Agreement shall control. Registry Operator must enter into a binding and enforceable Registry-Registrar Agreement with at least one ICANN accredited 2. registrar authorizing 3. such registrar(s) 4. to register 5. domain names 6. in the 7. TLD as 8. follows: [Rest of Provision ok] Rationale and How we got here 1) The text of Sunrise Recommendation #1 and Implementation Guidance in the Final RPM Phase 1 report states: "Sunrise Final Recommendation #1 The Working Group recommends that the Registry Agreement for future new gTLDs include a provision stating that a Registry Operator shall not operate its TLD in such a way as to have the effect of intentionally circumventing the mandatory RPMs imposed by ICANN or restricting brand owners’ reasonable use of the Sunrise RPM. Implementation Guidance: The Working Group agrees that this recommendation and its implementation are not intended to preclude or restrict a Registry Operator’s legitimate business practices that are otherwise compliant with ICANN policies and procedures." Despite it being called a "Sunrise Recommendation", the recommendation states that the RO shall not operate its TLD in such a way to to have the effect of intentionally circumventing the mandatory RPMs....or restricting brand owners' reasonable use of the Sunrise RPM." 2) ICANN staff has now come back and said we don't know how to implement this recommendation in the way it is worded because we don't know how to measure someone's intent. 3) In the version ICANN sent out for public comment it eliminated the "intentionally circumventing" language, and said simply that ROs may not restrict a TM owners ability to use the Sunrise. 4) ICANN's language has at least two problems which were pointed out in the comments the Registries (and Jeff) made and the comments made by the IPC. a) By removing the intent language, the words "reasonable use of the Sunrise", and ignoring the Implementation Guidance which talks about ROs legitimate business practices, the language creates a conflict between what is allowed in the TMCH documents (Separate from the Contracts). And all conflicts according to the provision state that the language in the Agreement control (meaning that even is something is allowed in the TMCH documents, if it is not allowed by the language in the agreement, ROs cannot do it. Therefore, the language in the Agreement would prevent ROs from delegating names through a Qualified Launch Plan prior to Sunrise. And this could prevent ROs from assigning names like subway.nyc, fire.miami, police.las vegas, beats.hiphop, Zoom.photo, etc. if it had to go through a Sunrise first as all of the terms are ones in which large companies own trademarks. This is why we have proposed making it clear that ROs CAN restrict trademark owners from using the Sunrise for these names IF they have been approved for use in a Qualified Launch Plan or an Approved Launch Plan. b) Our interpretation of the IPCs main comment is that the RPM Phase 1 recommendation includes all mandatory RPMs and not just Sunrise. And if you look at the language of the Recommendation, that appears to be true. The recommendation states ROs may not operate the TLD in a way that has the effect of intentionally circumventing the mandatory RPMs OR restricting brand owners' reasonable use of the Sunrise RPM. This is why we: (1) Made it apply to all mandatory RPMs, (2) exempted the QLPs and ALPs (which we believe was the intent for the Implementation Guidance), and added the word "unfairly" (as we believe was also the intent of the Recommendation. If you made it this far in reading the rationale, thank you for your attention ;) Sincerely, Jeff Neuman [Image removed by sender.]

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NEW CALL | SubPro IRT Meeting #159e | 25 September 2025, 21:00-22:00 UTC
by Next Round Policy Implementation Sept. 17, 2025

Sept. 17, 2025

Dear All, Meeting #159e of the SubPro IRT will be held on 25 September 2025 at 21:00-22:00 UTC [local time<https://tinyurl.com/39ys934c>]. The final agenda can be consulted here<https://icann-community.atlassian.net/wiki/x/CwADHQ>. 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://www.icann.org/en/governance/documents/icann-community-anti-harassme…>. 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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