AW: [ispcp] RV: [gnso-iocrc-dt] RE: IOC/Red Cross DT: Proposed Narrowing of Options

[<KnobenW@xxxxxxxxxx>]

I support the position Osvaldo explained, too.
However I can't follow the RySG's rationale stating "that it is harder to take back names as a result of a PDP, then to release names that were once reserved prior to the PDP". This is policy on higher level (than 2nd...)



Best regards
Wolf-Ulrich



________________________________
Von: owner-ispcp@xxxxxxxxxxxxxx [mailto:owner-ispcp@xxxxxxxxxxxxxx] Im Auftrag von tony holmes
Gesendet: Donnerstag, 6. September 2012 19:40
An: 'Novoa, Osvaldo'; ispcp@xxxxxxxxx
Betreff: RE: [ispcp] RV: [gnso-iocrc-dt] RE: IOC/Red Cross DT: Proposed Narrowing of Options

All

I'd very much welcome your comments on Osvaldo's request for input.

Views?

Tony

From: owner-ispcp@xxxxxxxxxxxxxx [mailto:owner-ispcp@xxxxxxxxxxxxxx] On Behalf Of Novoa, Osvaldo
Sent: 05 September 2012 19:14
To: ispcp@xxxxxxxxx
Subject: [ispcp] RV: [gnso-iocrc-dt] RE: IOC/Red Cross DT: Proposed Narrowing of Options

All, sorry for coming up with this issue after much discussion in the DT, but due to health problems I wasn't able to participate in the lasts meeting.  I am participating right now.
I would like your opinion on the proposal, myself I support J. Scott proposal to reserve IOC and Red Cross names at the second level till a PDP is ready, not allowing any exception.  In the meantime a PDP would be develop that will consider not only the IOC and the Red Cross/Red Crescent but also other IGO and related names.
Thank you and best regards,
Osvaldo

________________________________
De: owner-gnso-iocrc-dt@xxxxxxxxx<mailto:owner-gnso-iocrc-dt@xxxxxxxxx> [mailto:owner-gnso-iocrc-dt@xxxxxxxxx]<mailto:[mailto:owner-gnso-iocrc-dt@xxxxxxxxx]> En nombre de Neuman, Jeff
Enviado el: Miércoles, 05 de Septiembre de 2012 14:16
Para: Thomas Rickert; Gomes, Chuck
CC: Brian Peck; gnso-iocrc-dt@xxxxxxxxx<mailto:gnso-iocrc-dt@xxxxxxxxx>
Asunto: RE: [gnso-iocrc-dt] RE: IOC/Red Cross DT: Proposed Narrowing of Options

Thomas.  I know Chuck may be away from his desk right now, but I can answer this as I was on the registries call.  The registries felt like the operational issues with regard to the release can be worked out (as this has been done with other reserved names in the past).  We believe that the PDP process will address exceptions (if there is a rule coming out of the PDP to make the reservations permanent).  So, until the full pdp, the feeling was at this point no exceptions.  [That is not a hard and fast rule, but just easier for now.  Because once you start talking exceptions, you get into the underlying discussions...that defeats the point of keeping the names out of the registration pool in the first place pending the pdp]

The registries position is that it is harder to take back names as a result of a PDP, then to release names that were once reserved prior to the PDP.  On balance therefore, it was better to not allow the registration of those names until the outcome of the PDP.  Note this does not mean that we as registries believe they necessarily should be protected, but rather a matter of practicality until a full pdp can resolve the issues.  Stated yet another way, the default should not be that the names are released prior to the PDP being completed.

I hope that makes sense.

Jeffrey J. Neuman
Neustar, Inc. / Vice President, Business Affairs

From: owner-gnso-iocrc-dt@xxxxxxxxx<mailto:owner-gnso-iocrc-dt@xxxxxxxxx> [mailto:owner-gnso-iocrc-dt@xxxxxxxxx]<mailto:[mailto:owner-gnso-iocrc-dt@xxxxxxxxx]> On Behalf Of Thomas Rickert
Sent: Wednesday, September 05, 2012 12:20 PM
To: Gomes, Chuck
Cc: Brian Peck; gnso-iocrc-dt@xxxxxxxxx<mailto:gnso-iocrc-dt@xxxxxxxxx>
Subject: Re: [gnso-iocrc-dt] RE: IOC/Red Cross DT: Proposed Narrowing of Options

Chuck,
thank you for your input.

I know we have not further discussed this during our last call, but would please clarify whether the Registries would be in favor of reserving the names so nobody can register them or should there be an exception mechanism?
I understand that J. Scott wanted to release the names in case the outcome of the PDP does not grant any special protections and I would see a multitude of operational issues with such approach.

Thanks,
Thomas


Am 05.09.2012 um 18:08 schrieb Gomes, Chuck:

I apologize for not being able to make the IOC/RC discussion group meeting today. Unfortunately, I have a dental appointment that has already been rescheduled once.  If it ends early, I will join the call late.

The RySG discussed the IOC/RC issues on our list and in our call today.  Here is our position.

We support the J. Scott compromise:
1.      Recommend that the GAC recommendation for reserving IOC/RC names at the second level in the first round of new gTLDs pending results of a PDP covering IGO names, IOC/RC names and any other related names.  This would provide a back stop if the PDP does not finish in time and would also eliminate the argument that the GNSO is just choosing this approach as a way of avoiding the issue.
2.      Communicate to the GAC:
a.      That the GNSO recommends a PDP be initiated as soon as possible to cover IGO names, IOC/RC names any other related names
b.      A rationale for that position with a particular emphasis on pointing out the things that could be accomplished via a PDP and that would be difficult to adequately do so otherwise.  (Note that the RySG will provide some recommendations in this regard and welcomes contributions from others.)
c.      That the GNSO welcomes feedback from the GAC as soon as possible on this position.
d.      That sincere efforts will be made to expedite the PDP; note that the work that has already been done on this issue should facilitate the process.

3.      In the meantime, the discussion group should quickly develop the rationale referenced in step 2.b above and communicate its recommendations to the GNSO Council.
If more explanation is needed, hopefully the group will allow Jeff to take off his chair hat temporally and answer questions or add clarity.

Chuck

From: owner-gnso-iocrc-dt@xxxxxxxxx<mailto:owner-gnso-iocrc-dt@xxxxxxxxx> [mailto:owner-gnso-iocrc-dt@xxxxxxxxx] On Behalf Of Brian Peck
Sent: Thursday, August 23, 2012 9:17 PM
To: gnso-iocrc-dt@xxxxxxxxx<mailto:gnso-iocrc-dt@xxxxxxxxx>
Subject: [gnso-iocrc-dt] IOC/Red Cross DT: Proposed Narrowing of Options

Drafting Team Members:

The discussion during yesterday's DT meeting/call resulted in a proposal for all DT members to consider and consult with their respective constituencies with regard to narrowing down the current 6 options for moving forward in responding to the GAC proposal to provide special additional protections for the RCRC/IOC names at the second level, and revising those remaining options to take into account the proposed approach from the RySG and further discussions during yesterday's DT call.

Attached is the summary document of the current 6 options for moving forward and accompanying comments.  Please find below the proposed narrowing down of options to the following two:

1) Develop recommendations to respond to the GAC proposal by suggesting extending protection for the following provided there is an exception procedure for allowing names in to-be-defined circumstances: (Current Option #3 in attached doc)
            a) All RCRC and IOC names
             b) All RCRC names but no IOC names

Pending the results of a broader PDP which would include consideration of special protections for IOC and RCRC names (Current Option #5 in attached doc)

2) RySG Suggested Approach:

a.     Communicate to the GAC that Discussion Group Option 5 (PDP) is the GNSO's starting position for second-level names of the RCRC and IOC in the first round of new gTLDs: "Consider possible additional protections for the RCRC/IOC as part of a broader PDP initiative on the protection of names for international organizations"

b.     Provide a rationale for this position
*      Possible reasons could include but need not be limited to the following:
                                                   i.     Reserving names for the IOC or RC could set excessive precedents and motivate unlimited numbers of other organizations to see special protections even though the GAC did a commendable job of trying to narrowly qualify the organizations for which names would be reserved.
                                                  ii.     Lots of input has been received since the GAC request that makes it less clear that the list of organizations could be sufficiently narrow.
                                                 iii.     National laws vary regarding their implementation of international treaties including variances about what exceptions are made.
                                                 iv.     Existing rights protection mechanisms can be used by the IOC and RC just like other organizations who have rights to names.
                                                  v.     Reserving the finite list of names recommended by the GAC opens the door to expanding that list to include acronyms, similar strings, etc., and these become even more problematic from an operational and policy perspective.
                                                 vi.     There are organizations besides the IOC and RC that have legitimate rights to some of the GAC recommended strings.
                                               vii.     The complexities of this issue warrant a thorough vetting in a GNSO multi-stakeholder, bottom-up PDP and, because of the complexities and competing interests, a PDP may not be able to be completed before new gTLDs are delegated.

c.     Give the GAC the opportunity to address the concerns expressed in the rationale (i.e., 'fill in the holes').

Yesterday's meeting proposed removing from further consideration the following options:

Option 1: Maintain the status quo and not provide any new special protections for the RCRC/IOC names (i.e., no changes to the current schedule of second-level reserved names in the new gTLD Registry Agreement).

Option 2: Develop recommendations to respond to the GAC proposal by suggesting extending protection for:
a.     All RCRC and IOC names
b.     All RCRC names but no IOC names
c.     All IOC names but no RCRC names
d.     All RCRC names but only a subset of IOC names
e.     All IOC names but only a subset of RCRC names
f.      A subset of RCRC names and a subset of IOC names

Option 3: Develop recommendations to respond to the GAC proposal by suggesting extending protection for the following provided there is an exception procedure for allowing names in to-be-defined circumstances:
c.     All IOC names but no RCRC names
d.     All RCRC names but only a subset of IOC names
e.     All IOC names but only a subset of RCRC names
f.     A subset of RCRC names and a subset of IOC names

Option 4: Thomas Rickert withdrew this proposal

Option 6: Ask ICANN General Counsel's office to conduct a legal analysis to substantiate/verify whether there is clear evidence of treaty law and/or statutes that would require registries and registrars to protect IOC and RCRC names by law.

The next DT meeting is scheduled for next Wednesday, 29 August - all DT members are requested to consult with their respective constituencies with regard to removing certain options listed above from further consideration, and feedback on the proposed two alternatives as options for the DT to move forward in responding to the GAC proposal.

Thanks.

Best Regards,

Brian

Brian Peck
Policy Director
ICANN


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