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There cannot be any automatic "complete defense" against objection

  • To: 2gtld-guide@xxxxxxxxx
  • Subject: There cannot be any automatic "complete defense" against objection
  • From: Werner Staub <werner@xxxxxxxx>
  • Date: Mon, 13 Apr 2009 23:12:30 +0200

The Draft Applicant Guidebook Version 2, under heading "3.4.4
Community Objection", subheading "Defenses", still contains the
following paragraph (page 3-19 in draft-rfp-redline-18feb09-en.pdf):

 "Defenses – Satisfaction of the standing requirements for
 filing a Community Objection (refer to paragraph 3.1.2.4)
 by the applicant is a complete defense to an objection
 filed on community grounds."

The entire paragraph must be removed. Maintaining such a rule is
tantamount to declaring that Recommendation 20 (in
http://gnso.icann.org/issues/new-gtlds/pdp-dec05-fr-parta-08aug07.htm1)
is void when TLD applicant itself has standing to object on
community grounds. Such a "complete defense" clause means that
ICANN, from the outside, imposes some sort of infallibility dogma
on the community, declaring that certain organizations of that
community are immune against opposition from within the community.


Werner Staub


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