[council] Note from the Red Cross on the proposed GNSO Council letter to the ICANN Board

[Mary Wong <mary.wong@xxxxxxxxx>]

Dear Councilors,

Please see the message below that was sent by the Red Cross representatives 
yesterday. On behalf of the Council and the chairs, staff have acknowledged 
receipt of the note.

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: Salah Mathlouthi <smathlouthi@xxxxxxxx>
Date: Monday, May 23, 2016 at 23:59
To: Mary Wong <mary.wong@xxxxxxxxx>
Cc: Nigel Hickson <nigel.hickson@xxxxxxxxx>, Charlotte Lindsey Curtet 
<clindsey@xxxxxxxx>, Stephane Hankins <shankins@xxxxxxxx>
Subject: Draft GNSO Communication to the Board - Red Cross and Red Crescent 
protections

Dear Mary,

We hope this message finds you well.

(1) We have received a copy of the GNSO Council’s intended letter to ICANN’s 
Board seeking an update from the Board on next steps in regard to the dual 
issues of the protections of “Red Cross and Red Crescent identifiers” and 
“International Government organizations acronyms”, and suggesting that both 
sets of issues be addressed “in tandem”.  We also note that the draft letter 
refers to the issues of the protections of the Red Cross and Red Crescent 
designations and names and to IGO acronyms in the singular (“as one”), and 
thus, in disregard of the distinct legal regimes and policy issues at stake.

We would like herewith to express our deep concern in this regard and to 
request, in line with the consistent positions and representations made by the 
Red Cross and Red Crescent organizations to the Board and to ICANN 
constituencies in the last years, including the GNSO, that the protections that 
are due to the red cross and red crescent designations and names require to be 
considered in their own right and distinctiveness.

(2) As you will no doubt recall, and as reminded by the ICRC during its meeting 
with the
GNSO’s leadership members in Marrakesh and in its oral intervention during the 
GNSO
Council session held on 14 April 2016, the protections due to the red cross and 
red crescent
designations and names find their source in
-     universally agreed and compulsory norms of international humanitarian law 
and in   the domestic laws in force in multiple national jurisdictions; as well 
as in
-     the distinct global public interest in ensuring respect and protection 
for these  designations and names from improper or unauthorised use (including 
in situations of humanitarian emergencies in which the  Red Cross and Red 
Crescent identifiers are at particular risk of fraudulent use on the Internet).

This makes up a unique and sui generis case for the permanent and unconditional 
reservation of these designations and names from registration as top and second 
domain names.

This has been recognized by the Board and the NGPC in particular in its past 
determinations which have confirmed that the Red Cross and Red Crescent 
protections as distinct. This also conforms to the GAC’s consistent advice on 
this matter as outlined in recent GAC Communiqués and that address the Red 
Cross and Red Crescent protections in stand-alone and separate paragraphs.

(3) While the initial GNSO recommendations regarding the protections of the Red 
Cross and Red Crescent designations and names may have indeed been developed in 
the context of a broader PDP (“On the protection of IGO and INGO Identifiers in 
all gTLD’s”), the question of the Red Cross and Red Crescent reservations have 
since remained separate from the IGO/INGO issues and must continue to merit a 
distinct treatment and consideration.

We are hence of the view that any suggestion that the Red Cross and Red 
Crescent protections could or should be re-coupled, or be addressed “in 
tandem”, with the protections called for in regard to IGO’s and their acronyms, 
would represent an undue retreat on ICANN’s most recent determinations, 
approaches and processes.

We would like to thank the GNSO for its kind attention to the above concerns. 
We remain  available to support and/or to attend any future consultations in 
this matter to be held, for instance, during ICANN 57 in Helsinki.

Sincerely yours,

Stéphane


Stéphane J. Hankins
Legal adviser
Cooperation and Coordination within the Movement
International Committee of the Red Cross
Direct line: ++0041 22 730 24 19




-----Transféré par Stephane Hankins/DIR_GEN_MOUV_CHF/GVA/ICRC le 23/05/2016 
16:31 -----
A : Stephane Hankins/DIR_GEN_MOUV_CHF/GVA/ICRC@ICRC
De : Daiana Barbancho Savage/CIM_DIR/GVA/ICRC
Date : 23/05/2016 14:03
Cc : Charlotte Lindsey Curtet/CIM_DIR/GVA/ICRC@ICRC
Objet : Letter

(See attached file: docxKk10U26N6N.docx)
Re: [council] Draft Letter to the Board on Red Cross Names & Identifier

•        To: "council@xxxxxxxxxxxxxx" <council@xxxxxxxxxxxxxx>

•        Subject: Re: [council] Draft Letter to the Board on Red Cross Names & 
Identifier

•        From: Mary Wong <mary.wong@xxxxxxxxx>

•        Date: Fri, 20 May 2016 04:22:37 +0000

•        Accept-language: en-US

•        List-id: council@xxxxxxxxxxxxxx

•        Sender: owner-council@xxxxxxxxxxxxxx

•        Thread-index: AQHRsk89sbH/K1NLyEimzyoyZLHunQ==

•        Thread-topic: [council] Draft Letter to the Board on Red Cross Names & 
Identifier

•        User-agent: Microsoft-MacOutlook/f.16.0.160506



Dear Councilors,

Following further consultations between the Council chairs and staff on this
matter, the chairs would like to provide the attached letter for your final
review before it is sent to the ICANN Board. Essentially, this is the version
suggested by the RySG (per Donna’s earlier note, below) but with a single
revision at the end of the second paragraph, to clarify that the GNSO’s IGO and
Red Cross recommendations originated in a single PDP.

Please indicate any objections or concerns you may have with this proposed
final version of the letter to the Board by COB in your time zone on Monday 23
May if at all possible, following which we will transmit the final letter to
the Board shortly thereafter on behalf of Donna, Heather, James and the Council.

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> on behalf of "Austin, Donna"
<Donna.Austin@xxxxxxxxxxx>
Date: Saturday, May 14, 2016 at 05:44
To: "council@xxxxxxxxxxxxxx" <council@xxxxxxxxxxxxxx>
Subject: [council] Draft Letter to the Board on Red Cross Names & Identifier

James, all

Following on from the discussion on the Council call yesterday about next steps
in resolving the issue of permanent protection of certain Red Cross
identifiers, the RySG has requested that the letter to the Board be amended to
request an update/resolution of the outstanding issues related to the permanent
protection of certain Red Cross identifiers and IGO acronyms. These issues have
not previously been decoupled and we are concerned that if the Council suggests
this as a path forward at this point it may be at the expense of resolving the
remaining issues associated with IGO acronyms.

Proposed amendments to the letter are provided for consideration.

Thanks

Donna

Donna Austin: Neustar, Inc.
Policy and Industry Affairs Manager
Cell: +1.310.890.9655 Email:
donna.austin@xxxxxxxxxxx<mailto:donna.austin@xxxxxxxxxxx>

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Attachment: Updated Draft letter to ICANN Board on Red Cross protections - 20 
May.docx<https://gnso.icann.org/mailing-lists/archives/council/docxKk10U26N6N.docx>
Description: Updated Draft letter to ICANN Board on Red Cross protections - 20 
May.docx



•        Follow-Ups:

•        Re: [council] Draft Letter to the Board on Red Cross Names & 
Identifier<https://gnso.icann.org/mailing-lists/archives/council/msg18647.html>

•        From: David Cake



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