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RE: [council] Amendment to IDNG Motion

  • To: "'Adrian Kinderis'" <adrian@xxxxxxxxxxxxxxxxxx>, <council@xxxxxxxxxxxxxx>
  • Subject: RE: [council] Amendment to IDNG Motion
  • From: "Edmon Chung" <edmon@xxxxxxxxxxxxx>
  • Date: Wed, 2 Jun 2010 16:20:52 +0800
  • Cc: "'Neuman, Jeff'" <Jeff.Neuman@xxxxxxxxxx>
  • In-reply-to: <8CEF048B9EC83748B1517DC64EA130FB3E3E0FB62F@off-win2003-01.ausregistrygroup.local>
  • List-id: council@xxxxxxxxxxxxxx
  • References: <02b201cb021f$aba83380$02f89a80$@asia> <8CEF048B9EC83748B1517DC64EA130FB3E3E0FB62F@off-win2003-01.ausregistrygroup.local>
  • Sender: owner-council@xxxxxxxxxxxxxx
  • Thread-index: AcsCHx3ImrA43CZHTyeYLHQNYiE0rAABl1PwAAGOtxA=

oops.  here is the attachment.
Edmon



> -----Original Message-----
> From: owner-council@xxxxxxxxxxxxxx [mailto:owner-council@xxxxxxxxxxxxxx] On
> Behalf Of Adrian Kinderis
> Sent: Wednesday, June 2, 2010 3:31 PM
> To: Edmon Chung; council@xxxxxxxxxxxxxx
> Cc: 'Neuman, Jeff'
> Subject: RE: [council] Amendment to IDNG Motion
> 
> 
> No attachment.
> 
> Adrian Kinderis
> Chief Executive Officer
> AusRegistry Pty Ltd
> Level 8, 10 Queens Road
> Melbourne. Victoria Australia. 3004
> Ph: +61 3 9866 3710
> Fax: +61 3 9866 1970
> Email: adrian@xxxxxxxxxxxxxxxxxx
> Web: www.ausregistry.com.au
> 
> The information contained in this communication is intended for the named
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> 
> 
> 
> -----Original Message-----
> From: owner-council@xxxxxxxxxxxxxx [mailto:owner-council@xxxxxxxxxxxxxx] On
> Behalf Of Edmon Chung
> Sent: Wednesday, 2 June 2010 4:49 PM
> To: council@xxxxxxxxxxxxxx
> Cc: 'Neuman, Jeff'
> Subject: [council] Amendment to IDNG Motion
> 
> 
> Hi Everyone,
> 
> Based on the discussions we had, and the feedback received from different 
> people,
> I would like to make a number of changes to the Proposed Motion on New gTLD
> Recommendation (IDNG motion on clarifications for confusingly similar TLD 
> string).
> 
> The main change in the motion is the addition of a consideration for a 21 day
> comment period for the letter before it being sent by the council.
> 
> Have also made various edits to address concerns raised by different people,
> including the issue raised by Kristina about potentially conflicting with the 
> IRT report.
> 
> Attached is a "red-lined" version highlighting the changes.  Below is a clean 
> version
> for consideration.
> 
> 
> Rafik,
> I wonder if you would be willing to consider the changes as friendly 
> amendments? :-)
> 
> Edmon
> 
> 
> 
> 
> Proposed Motion - New gTLD Recommendation (as amended June 2)
> ===================================================
> 
> WHEREAS:
> 
> • The Draft Applicant Guidebook, Version 3 does not include an Extended Review
> option for  strings that fail the initial evaluation for confusing similarity 
> and likelihood
> to confuse;
> 
> • The GNSO Council recognizes that time is of the essence in sending feedback 
> to
> ICANN staff on the Draft Applicant Guidebook;
> 
> • The IDNG Drafting Team established by the GNSO Council has discussed various
> circumstances where applicants for strings that may be designated as 
> confusingly
> similar in the initial evaluation may be able to present a case showing that 
> the string
> is not detrimentally similar to another string;
> 
> • The GNSO Council in Recommendation #2 on the GNSO Final Report on the
> Introduction of New gTLDs in September 2007 intended to prevent confusing and
> detrimental similarity and not similarity that could serve the users of the 
> Internet;
> 
> 
> RESOLVED:
> 
> • A 21-day public comment period be opened not later than 11 June 2010 
> regarding
> a proposal to send the following letter to Kurt Pritz (with copy  to the 
> ICANN Board),
> requesting that Module 2 in the next version of the Draft Applicant Guidebook
> regarding "Outcomes of the String Similarity Review" be amended to allow
> applicants to request an Extended Review under applicable terms similar to 
> those
> provided for other issues such as "DNS Stability: String Review Procedure".
> 
> • ICANN Staff prepare a summary and analysis of the public comments not later
> than 6 July 2010.
> 
> • The GNSO Council takes action in its meeting of 15 July 2010 regarding 
> whether
> or not to send the letter.
> 
> 
> PROPOSED LETTER:
> 
> To: Kurt Pritz and members of the ICANN New GTLD Implementation Team,
> CC: ICANN Board
> 
> The GNSO Council requests a change to Module 2 of the Draft Applicant
> Guidebook. Specifically, we request that the section on "Outcomes of the 
> String
> Similarity Review" be amended to allow applicants to request an Extended 
> Review
> under applicable terms similar to those provided for other issues such as "DNS
> Stability: String Review Procedure". We further request that a section be 
> added on
> “String Similarity - Extended Review” that parallels other such sections in 
> Module 2.
> 
> This request is seen as urgent because there are conditions under which it 
> may be
> justified for applicants for a string which has been denied further 
> processing based
> on confusing similarity by the Initial Evaluation to request an extended 
> evaluation.
> This Extended Review would  evaluate extenuating circumstances in the 
> application
> which may be such that the similarity is not actually detrimental. This may 
> occur,
> inter alia, in cases such as:
> 
> • The same Registry Operator (for an existing gTLD or a proposed new gTLD) 
> could
> apply for a string that is similar to an existing or applied for string in a 
> manner that is
> not detrimentally similar from a user point of view. For example, it is 
> possible that an
> applicant could apply for both a gTLD with a conventional ASCII label and a
> corresponding internationalized gTLD (IDN gTLD) that could be deemed to be
> similar but not cause the detrimental confusion that the GNSO recommendation
> was trying to avoid.
> 
> 
> 
> • A situation where there is an agreement between a new applicant Registry
> Operator and the Registry Operator of an existing gTLD that allows for better
> service for the users in the geographical area where the new gTLD will be 
> offered.
> For example, MuseDoma, the Registry Operator for .museum could enter into an
> agreement with a new gTLD applicant to offer an IDN version of .museum for a
> specific language community. The two strings might be judged to be similar 
> but their
> delegation would not cause detrimental confusion.
> 
> We thank you for your prompt attention to this GNSO Council request.
> 
> 
> 
> 
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Attachment: Proposed-Motion-New-gTLD-Recommendation-amended-2010-06-02.docx
Description: Microsoft Office



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