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Re: [council] Motion to initiate PDP to review RPMs

  • To: "GNSO Council List (council@xxxxxxxxxxxxxx)" <council@xxxxxxxxxxxxxx>
  • Subject: Re: [council] Motion to initiate PDP to review RPMs
  • From: Mary Wong <mary.wong@xxxxxxxxx>
  • Date: Tue, 9 Feb 2016 10:30:25 +0000
  • Accept-language: en-US
  • List-id: council@xxxxxxxxxxxxxx
  • Sender: owner-council@xxxxxxxxxxxxxx
  • Thread-index: AQHRYyTjkSsD0w+zVkaLmLsvtHhWIw==
  • Thread-topic: [council] Motion to initiate PDP to review RPMs
  • User-agent: Microsoft-MacOutlook/0.0.0.160109

Dear all,

Further to James’ email below and to facilitate your review of the proposed 
Charter, here are some notes that we hope are helpful. They are based on our 
(staff) understanding of some of the points raised in discussions about the New 
gTLDs Subsequent Procedures Charter as well as the scope of this proposed RPM 
PDP:

(1) This draft RPM Charter contains the following references to the New gTLDs 
Subsequent Procedures PDP:

"In the course of its work, the Working Group should monitor the progress of 
and, where appropriate, coordinate with, other ICANN groups that are working on 
topics that may overlap with or otherwise provide useful input to this PDP. 
Especially, this PDP Working Group shall maintain a close working relationship 
with the Competition, Consumer Trust and Consumer Choice Review Team (CCT) and 
the PDP Working Group on New gTLDs Subsequent Procedures”.

"In addition, the GNSO Council, as the manager of the policy development 
process, should be kept informed at all times about coordination efforts with 
the CCT Review Team and the PDP on New gTLD Subsequent Procedures. It is thus 
the Council who, in case of conflict between these groups, is to take 
appropriate action to align work processes if and when necessary.”

There is also a specific reference to the appointment of a liaison between the 
two PDP Working Groups (mirroring what is in the Charter that was approved for 
the New gTLDs Subsequent Procedures PDP). However, because that Charter 
explicitly notes that RPM review is beyond its remit, being more appropriate 
for the RPM PDP, we did not repeat that language in the RPM draft Charter.

(2) There is now an Attachment to the Charter that comprises a list of the 
community-identified issues that were raised in various public comment forums 
regarding RPM review. The Attachment is based on the list originally included 
in the Final Issue Report as Annex B, updated to include additional issues 
noted by various community groups in the public comment forum. We thought also 
that specifically creating this attachment to be part of the Charter would make 
it easier for the WG, Council and community to see the scope of the RPM PDP “at 
a glance”.

Please let us know if you have any questions about the updated draft Charter.

Thanks and cheers
Mary


Mary Wong
Senior Policy Director
Internet Corporation for Assigned Names and Numbers (ICANN)
Email: mary.wong@xxxxxxxxx
Telephone: +1-603-5744889


From: <owner-council@xxxxxxxxxxxxxx<mailto:owner-council@xxxxxxxxxxxxxx>> on 
behalf of Glen de Saint Géry <Glen@xxxxxxxxx<mailto:Glen@xxxxxxxxx>>
Date: Tuesday, February 9, 2016 at 17:12
To: "GNSO Council List (council@xxxxxxxxxxxxxx<mailto:council@xxxxxxxxxxxxxx>)" 
<council@xxxxxxxxxxxxxx<mailto:council@xxxxxxxxxxxxxx>>
Subject: [council] TR: Motion to initiate PDP to review RPMs

Dear All,

The updated draft charter  has been posted on page:

http://gnso.icann.org/en/council/drafts<http://mailer.samanage.com/wf/click?upn=KTB340yHI8DoUtMP4BGJnral-2F6hkupRgT5qivhStIqqcOCKnbHI4-2F0AqTh-2FDckJU_r-2BdYbSjRm9r0i9vSiPZtW-2BX-2BAwnBbxYJcYft8cAni3iLz7nHdH1TO6yId4yJ1X5bCjn7UQ8ekPGWrKZXzU-2FB1vqqq7KS-2BMznRij3m3ZEI87WW3StxS8dTPOoQSB9krb-2FFJK2QHBzOYchxlxB81-2FrQgEKCZwhIWmFeV3hThjRR7ogCkshuA-2FPie9e6zmA6P8L7eTEUbvdvzfgQMCFFV6bZF9E7eOqlzB0HN9vDYXM4PCRM3NGPvw4Tjs2GFho7hitFvwZL9U4doUecJwVmo5-2FZ6e2-2FfuE23JDANBPe2uwC9VQN5SgwZyplxa2lRuo4aPMfYIqhOcJaw2NyfLCXWkiDZ5r5etVeOVWPagE11-2BKOt8QjzBaUjatT4-2FS-2FTfRnw8h8omu4VHxITySlduB9lQHin9-2BOeksBfh244dBG7pC6FiwfT-2F2xqkdIZQAmxyMsrWhwhYDu98ampg5XWYZRe4AXD10ON4gNrlTQPQud0xrZX4-3D>
http://gnso.icann.org/en/drafts/rpm-charter-09feb16-en.pdf<http://mailer.samanage.com/wf/click?upn=KTB340yHI8DoUtMP4BGJnuFT4taHix-2FWCICVaGtUyTcIb7nQt1Ix4bukUckJ3K1maclUijFJSiHtdHfMCU9isw-3D-3D_r-2BdYbSjRm9r0i9vSiPZtW-2BX-2BAwnBbxYJcYft8cAni3iLz7nHdH1TO6yId4yJ1X5bCjn7UQ8ekPGWrKZXzU-2FB1vqqq7KS-2BMznRij3m3ZEI87WW3StxS8dTPOoQSB9krb-2FFJK2QHBzOYchxlxB81-2FrQgEKCZwhIWmFeV3hThjRR7ogCkshuA-2FPie9e6zmA6P8L7eTEUbvdvzfgQMCFFV6bZF9E7eOqlzB0HN9vDYXM4PCRM3NGPvw4Tjs2GFho7hitFvwZL9U4doUecJwVmo5-2FZ6e2-2FfuE23JDANBPe2uwC9X-2Fu2yS2w-2F6SsC9s3VgIP8heOq0HKB5mKm0ajgAl5x9NHSkiv2RTna-2BfuMCCtyEhgy-2BGCL-2B1jK7h0hX853d-2BHNTEY73AwjK0yaeqM2MBKjbmGHzDNVQs2plqc07hOrz80-2BELjiNJVLQ5JKIcn0f7POlj0IHLXG0KWFO7DJMHzZ0zfjoNrwgnK3I-2BjzNI0bM5h8-3D>
Thank you.
Kind regards,

Glen

De : owner-council@xxxxxxxxxxxxxx<mailto:owner-council@xxxxxxxxxxxxxx> 
[mailto:owner-council@xxxxxxxxxxxxxx] De la part de James M. Bladel
Envoyé : lundi 8 février 2016 22:24
À : GNSO Council List
Objet : [council] Motion to initiate PDP to review RPMs

Colleagues -

Attached and below, please find a Motion to initiate a PDP to review Rights 
Protection Mechanisms (RPMs) in all gTLDs.  According to the rules set out in 
the PDP Manual / GNSO Operating Procedures, we are expected to discuss and 
consider the initiation of a PDP at the next Council meeting following 
publication of the Initial Issues Report.

Furthermore, the second part of this process—adoption of the PDP Working Group 
Charter—is not bound by this requirement and still requires discussion amongst 
the Council.  Some Councilors have raised concerns with one or more aspects of 
the Draft Charter on behalf of their SG/C, and we need to make sure these are 
comprehensively addressed before proceeding.  For this reason, I am not 
advancing the second motion (Adoption of the PDP WG Charter) at this time, but 
it can be a point of discussion during our meeting.

Finally, please take a few moments to review the updated Draft Charter (also 
attached), and be ready to discuss during our call on 18 FEB.

Thank you,

J.


________________________________
Motion to Initiate a Policy Development Process (PDP) on a Review of All Rights 
Protection Mechanisms (RPMs) in All Generic Top-Level Domains (gTLDs)

WHEREAS:


1.      In December 2011 the GNSO Council had requested that an Issue Report on 
the current state of all rights protection mechanisms (RPMs) implemented for 
both existing and new gTLDs, including but not limited to the Uniform Dispute 
Resolution Policy (UDRP), be delivered to the GNSO Council no later than 
eighteen (18) months following the delegation of the first gTLD in ICANN’s New 
gTLD Program;


2.      In January 2014 the GNSO Councilagreed to extend the timeline for 
delivery of the Issue Report by six (6) months;


3.      ICANN staff published the Preliminary Issue Report on a Policy 
Development Process to Review All RPMs in All gTLDs for public comment on 9 
October 2015, with the public comment forum closing on 30 November 2015;


4.      ICANN staff have reviewed the public comments received, published a 
Report of Public Comments on 10 December 2015 and updated the Issue Report 
accordingly;


  1.  The Final Issue Report on a Policy Development Process to Review All RPMs 
in All gTLDs was delivered to the GNSO Council on 11 January 2016 (see 
http://gnso.icann.org/en/issues/new-gtlds/rpm-final-issue-11jan16-en.pdf);

The Final Issue Report includes a recommendation that the GNSO Council proceed 
with a two-phased Policy Development Process (PDP) that will first review the 
RPMs that were developed for the New gTLD Program, followed by a subsequent 
second phase that will review the UDRP, with the overall goal of developing a 
uniform and consistent framework for any future review of RPMs; and
The General Counsel of ICANN has indicated that the topics recommended for 
review are properly within the scope of the ICANN policy process and the GNSO.
RESOLVED:

The GNSO Council hereby initiates a two-phased PDP to review all RPMs in all 
gTLDs, to review and determine whether modifications to the existing RPMs 
(including but not limited to the UDRP) are needed and, if so, what they should 
be. The outcome of the PDP may lead to (i) amendments or replacement of 
existing policies, principles or procedures; (ii) the development of new or 
additional policy recommendations; and/or (iii) the creation of new 
implementation guidance to supplement existing policies or procedures.
The GNSO Council requests that the PDP Working Group be convened as soon as 
possible after the adoption of the PDP Working Group Charter in order to 
fulfill the requirements of this PDP.


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