[bc-gnso] latest GAC letter to ICANN Board regarding new gTLDs

[Steve DelBianco <sdelbianco@xxxxxxxxxxxxx>]

Don't pop the corks just yet…

See below and  http://domainincite.com/docs/dryden-thrush-july182011.pdf

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The GAC recognises that the most recent version of the Draft Applicant 
guidebook includes several changes which address some of the GAC's outstanding 
concerns but notes that there remain several substantive issues which require 
resolution before the launch of the new gTLD application process. These include:


- competition concerns, in particular those resulting from changes to 
registry-registrar cross-ownership rules;


- the demonstration of use requirement for trademark holders wishing to avail 
themselves of the propose trademark protection mechanisms; and


- removal of references in the gTLD Guidebook that attempt to specify that 
future GAC early warnings and advice must contain particular information or 
take a specified form, as these references are inconsistent with the GAC 
operating principles and the ICANN Bylaws.


The GAC would advise the Board that these issues involve important public 
policy objectives and, until resolved, also risk gTLD applications being made 
that conflict with applicable law. The GAC is of the view that the potential 
for this conflict with applicable law would operate to the detriment of gTLD 
applicants. Accordingly, the gTLD Guidebook should be amended to reflect these 
outstanding concerns.


The GAC draws the Board's attention to previous advice :


 on appropriate and timely support that should be provided to developing 
countries in implementing the new gTLD process;


 on appropriate protections that should be offered to the Olympic, Olympiad 
and Red Crescent/Red Cross names

contained in the 26 May letter conveying the GAC's comments on the April 15 
version of the Applicant Guidebook.


The GAC awaits the ICANN Board's response to this advice, and an explanation of 
how the advice will be considered before any decision on new gTLD Applicant 
Guidebook.


The GAC advises the Board that where the gTLD Guidebook attempts to specify 
that future GAC advice must contain particular information or take a specified 
form, these references should be deleted as they are inconsistent with GAC 
operating principles and the Bylaws.


To this end, and notwithstanding the GAC's wish to avoid any further delay in 
the new gTLD process, the GAC would advise the Board to ensure that all 
remaining public policy concerns are properly addressed and adequately 
respected before the new gTLD application procedure is finalised.


The GAC regards the ICANN Board's willingness and ability to respond to the 
GAC's views and to provide a rationale for its decisions is an important 
demonstration of the effectiveness of the ICANN multistakeholder model.