Re: [council] RE: Note from the Red Cross on the proposed GNSO Council letter to the ICANN Board
Thanks, Phil. And to your point in the second paragraph: Let’s await the response from the Board. If their guidance on either the Red Cross or IGO/INGO does indeed run counter to these legal opinions, then I expect the Board to hear this from many in the GNSO community, Councilors included. Thanks— J. From: Phil Corwin <psc@xxxxxxxxxxx<mailto:psc@xxxxxxxxxxx>> Date: Wednesday, May 25, 2016 at 13:14 To: James Bladel <jbladel@xxxxxxxxxxx<mailto:jbladel@xxxxxxxxxxx>>, "Austin, Donna" <Donna.Austin@xxxxxxxxxxx<mailto:Donna.Austin@xxxxxxxxxxx>>, Mary Wong <mary.wong@xxxxxxxxx<mailto:mary.wong@xxxxxxxxx>>, GNSO Council List <council@xxxxxxxxxxxxxx<mailto:council@xxxxxxxxxxxxxx>> Subject: RE: [council] RE: Note from the Red Cross on the proposed GNSO Council letter to the ICANN Board Based upon the further information from James and Donna, I no longer have concerns regarding the notion of moving the Red Cross and IGO matters in tandem. I would strongly hope that, if and when we finally get a proposal from the Board regarding IGOs, we make sure that it is based in sound legal principles. My POV is that ICANN has an obligation to respect and safeguard recognized legal rights, but has no authority to create rights out of whole cloth. While not in any way predicting or prejudicing the final report and recommendations of the IGO CRP WG, we now have clear legal analysis from our outside expert that the creation of a separate CRP for IGOs is not compelled by any recognized legal principle and is at heart a policy decision. Best to all, Philip Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/Cell Twitter: @VlawDC "Luck is the residue of design" -- Branch Rickey From: James M. Bladel [mailto:jbladel@xxxxxxxxxxx] Sent: Tuesday, May 24, 2016 11:18 PM To: Austin, Donna; Phil Corwin; Mary Wong; council@xxxxxxxxxxxxxx<mailto:council@xxxxxxxxxxxxxx> Subject: Re: [council] RE: Note from the Red Cross on the proposed GNSO Council letter to the ICANN Board Thanks Donna and Phil for contributing your thoughts to this thread. I agree with Phil (and the Red Cross) that the legal issues underlying these topics are distinctly different, and we should -not– include or reference the report from the advisors to the Curative Rights PDP. However, both the RC and IGO/INGO issues were unanimously approved as part of the same PDP by our predecessors in 2013, and both are on hold pending further action for the Board. As a result, I don’t think we, as a Council are linking them, and it’s appropriate for us to include them together in the same letter. Thanks - J. From: <owner-council@xxxxxxxxxxxxxx<mailto:owner-council@xxxxxxxxxxxxxx>> on behalf of "Austin, Donna" <Donna.Austin@xxxxxxxxxxx<mailto:Donna.Austin@xxxxxxxxxxx>> Date: Tuesday, May 24, 2016 at 13:07 To: Phil Corwin <psc@xxxxxxxxxxx<mailto:psc@xxxxxxxxxxx>>, Mary Wong <mary.wong@xxxxxxxxx<mailto:mary.wong@xxxxxxxxx>>, GNSO Council List <council@xxxxxxxxxxxxxx<mailto:council@xxxxxxxxxxxxxx>> Subject: [council] RE: Note from the Red Cross on the proposed GNSO Council letter to the ICANN Board Hi Phil The RySG does not dispute the legal basis for RC protections; however, we are very concerned that if the RC and IGO acronym issues are decoupled it may take even longer to resolve the IGO acronym issue. The Council is not causing the delay in resolving any of these outstanding issues—that delay is the result of the Board, or the NGPC, not making any progress on this issue in the last two or so years. My preference is to send the letter as drafted and decide on next steps after we have received a response from the Board. I also have some reservations about the manner in which the RC is lobbying the Council as evidenced by their most recent communication: I think we need to be careful that this is not perceived by some as unfair treatment. Donna Donna Austin:Neustar, Inc. Policy and Industry Affairs Manager Cell:+1.310.890.9655 Email: donna.austin@xxxxxxxxxxx<mailto:donna.austin@xxxxxxxxxxx> ________________________________ The information contained in this e-mail message is intended only for the use of the recipient(s) named above and may contain confidential and/or privileged information. If you are not the intended recipient you have received this e-mail message in error and any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify me immediately and delete the original message. Follow Neustar: [cid:image001.png@01CC3CD3.5F595DC0] Facebook<http://www.facebook.com/neustarinc> [cid:image002.png@01CC3CD3.5F595DC0] LinkedIn<http://www.linkedin.com/company/5349> [cid:image003.png@01CC3CD3.5F595DC0] Twitter<http://www.twitter.com/neustar> P Please consider the environment before printing this e-mail. From:owner-council@xxxxxxxxxxxxxx<mailto:owner-council@xxxxxxxxxxxxxx> [mailto:owner-council@xxxxxxxxxxxxxx] On Behalf Of Phil Corwin Sent: Tuesday, May 24, 2016 6:18 AM To: Mary Wong <mary.wong@xxxxxxxxx<mailto:mary.wong@xxxxxxxxx>>; council@xxxxxxxxxxxxxx<mailto:council@xxxxxxxxxxxxxx> Subject: [council] RE: Note from the Red Cross on the proposed GNSO Council letter to the ICANN Board In view of this new letter from the Red Cross, I’d again urge that Council refrain from insisting that its issues be decided in tandem with the much broader IGO issues. If we have an opportunity to settle the red Cross matter on its own separate merits there’s no reason to hold it hostage to other matters. Thanks for considering that POV. Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/Cell Twitter: @VlawDC "Luck is the residue of design" -- Branch Rickey From:owner-council@xxxxxxxxxxxxxx<mailto:owner-council@xxxxxxxxxxxxxx> [mailto:owner-council@xxxxxxxxxxxxxx] On Behalf Of Mary Wong Sent: Monday, May 23, 2016 10:47 PM To: council@xxxxxxxxxxxxxx<mailto:council@xxxxxxxxxxxxxx> Subject: [council] Note from the Red Cross on the proposed GNSO Council letter to the ICANN Board 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<mailto:mary.wong@xxxxxxxxx> Telephone: +1-603-5744889 From: Salah Mathlouthi <smathlouthi@xxxxxxxx<mailto:smathlouthi@xxxxxxxx>> Date: Monday, May 23, 2016 at 23:59 To: Mary Wong <mary.wong@xxxxxxxxx<mailto:mary.wong@xxxxxxxxx>> Cc: Nigel Hickson <nigel.hickson@xxxxxxxxx<mailto:nigel.hickson@xxxxxxxxx>>, Charlotte Lindsey Curtet <clindsey@xxxxxxxx<mailto:clindsey@xxxxxxxx>>, Stephane Hankins <shankins@xxxxxxxx<mailto: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<mailto: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<mailto:mary.wong@xxxxxxxxx> Telephone: +1-603-5744889 From: <owner-council@xxxxxxxxxxxxxx> on behalf of "Austin, Donna" <Donna.Austin@xxxxxxxxxxx<mailto: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> ________________________________ The information contained in this e-mail message is intended only for the use of the recipient(s) named above and may contain confidential and/or privileged information. If you are not the intended recipient you have received this e-mail message in error and any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify me immediately and delete the original message. 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Attachment: Updated Draft letter to ICANN Board on Red Cross protections - 20 May.docx<https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_mailing-2Dlists_archives_council_docxKk10U26N6N.docx&d=DQMGaQ&c=MOptNlVtIETeDALC_lULrw&r=4A3LwUUER9_CePZ11QJsr56eryGQiPHEqv4TL7JH87w&m=fTlWRtkW2ZwEAjI88ONYUD46f0kGflakxGZpsPRL8pU&s=Q4zUSKEPCNh8zbY1hXnAbkLkHt9cHTRJ6aqc29HHiMg&e=> 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://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_mailing-2Dlists_archives_council_msg18647.html&d=DQMGaQ&c=MOptNlVtIETeDALC_lULrw&r=4A3LwUUER9_CePZ11QJsr56eryGQiPHEqv4TL7JH87w&m=fTlWRtkW2ZwEAjI88ONYUD46f0kGflakxGZpsPRL8pU&s=hUoSv-0fgo-G_gMGSK52_bmS62T5hGB9suBEkkzAcp8&e=> · From: David Cake =============================================================================== The ICRC - working to protect and assist people affected by armed conflict and other situations of violence. 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