These are good questions and there are a million others that could and should be asked. Like will other jurisdictions think that their laws apply because the lottery is open to anyone in the world and affects the whole world because  the the new gTLDs will be available everywhere.  And this is not a question from a random lawyer but a lawyer that also practices in this area and has worked on numerous promotions operated in the US and also in many other countries. The fact that there are so many questions makes clear that this option is overly complicated and is a bad option. 

ICANN legal can waste time and money looking into this but why as there will be no clear answers to some of the questions. Let’s just pick another option that doesn’t have these issues. Simplicity should always be the goal in this process. 

Best Regards,

Marc H.Trachtenberg
Shareholder
Greenberg Traurig, LLP
77 West Wacker Drive
Chicago, IL 60601
Office (312) 456-1020
Mobile (773) 677-3305

On Aug 31, 2024, at 6:54 AM, Rubens Kuhl via SubPro-IRT <subpro-irt@icann.org> wrote:


*EXTERNAL TO GT*


And the specific questions asked… some that come to mind:
- Does the opportunity to sign a gTLD agreement counts against “gross receipts” ? Or only the actual money received ? That would make the actual receipts on the billion dollars ballpark.  
- If the applicant is pre-paid and then refunded, does this count against “gross receipts” ?  
- Is the global DNS “beneficial” to society ? 






Rubens


Em 31 de ago. de 2024, à(s) 07:45, Jim Prendergast <jim@GALWAYSG.COM> escreveu:

Alll of the esteemed lawyers on list can offer their opinions on this but the only opinion that really matters is the one sought by ICANN legal. 

Would be good to know if that is in process or has been completed and what it ultimately allows. 

On Aug 30, 2024, at 8:47 PM, Anne ICANN via SubPro-IRT <subpro-irt@icann.org> wrote:


I am not a CA lawyer but I think the exception relates to the nature of the entity conducting the raffle, not just the question of where the proceeds go. 
Anne

Anne Aikman-Scalese
GNSO Councilor
NomCom Non-Voting 2022-2024


On Fri, Aug 30, 2024 at 3:28 PM Rubens Kuhl via SubPro-IRT <subpro-irt@icann.org> wrote:


Em 30 de ago. de 2024, à(s) 19:21, <trachtenbergm@gtlaw.com> <trachtenbergm@gtlaw.com> escreveu:

With respect to California’s lottery laws, there is an exception permitting charities and certain other private nonprofit organizations may conduct raffles to raise funds for beneficial or charitable purposes in the state.  But this exception to the general constitutional prohibition against lotteries requires that at least 90 percent of the gross receipts from these raffles go directly to beneficial or charitable purposes in California. Seehttps://oag.ca.gov/charities/raffles .  I don’t this would qualify.
 

Making 90% of USD 100 * 1500 applications = USD 150k go to charitable purposes is very easy to do, if that’s all that’s required. 


Rubens



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