[bc-gnso] GAC Communique form Toronto

[Steve DelBianco <sdelbianco@xxxxxxxxxxxxx>]

GAC communique is 
here<https://gacweb.icann.org/download/attachments/4817665/FINAL_Toronto_Communique_20121017.pdf?version=1&modificationDate=1350746371705>.
    Highlights below:

The GAC is supporting BC's suggestion that all applicant commitments become 
part of the Ry Contract and thereby become ICANN compliance matters:

The GAC requests written briefing from the ICANN Board on:
• the extent to which applicants will be able to modify their applications as a 
result of early warnings.
• how ICANN will ensure that any commitments made by applicants, in their 
applications or as a result of any subsequent changes, will be overseen and 
enforced by ICANN.

The GAC advises the ICANN Board:
• that it is necessary for all of these statements of commitment and objectives 
to be transformed into binding contractual commitments,subject to compliance 
oversight by ICANN.
• The GAC expects that applicants would not be penalised where the standard 
provisions of a contract are amended in order to meet specific obligations 
entered into in order to meet governmental concerns.


GAC Early Warnings:     GAC members are considering a range of specific issues 
including:
• Consumer protection
• Strings that are linked to regulated market sectors, such as the financial,
health and charity sectors
• Competition issues
• Strings that have broad or multiple uses or meanings, and where one entity is 
seeking exclusive use
• Religious terms where the applicant has no, or limited, support from the 
relevant religious organisations or the religious community
• Minimising the need for defensive registrations
• Protection of geographic names
• Intellectual property rights particularly in relation to strings aimed at the 
distribution of music, video and other digital material
• The relationship between new gTLD applications and all applicable legislation

The GAC looks forward to discussing these issues with the ICANN community, and 
expects to finalise GAC advice on gTLD applications following the ICANN meeting 
in April 2013. As part of this work, some GAC members may initiate direct 
dialogue with applicants, including through the early warning process. The GAC 
confirms that it will forward early warnings from GAC members on 20 November 
2012, and encourages a collaborative and cooperative approach to addressing any 
issues identified in those early warnings.


--
Steve DelBianco
Executive Director
NetChoice
http://www.NetChoice.org and http://blog.netchoice.org
+1.202.420.7482