RE: [bc-gnso] RE: Policy calendar for 29-Aug-2013 BC member call

[Phil Corwin <psc@xxxxxxxxxxx>]

Marilyn:

Just to clarify, there is nothing in the draft letter that suggests that the BC 
in any way opposes the accreditation of additional regionally-based UDRP 
providers. In fact, the original BC position was based upon the assumption that 
such accreditations would occur and that the ranks of UDRP providers would grow 
over time, and the recent restatement of the position occurred in the context 
of the BC's positive statement regarding ACDR's then-pending accreditation.

Best, 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: Marilyn Cade [mailto:marilynscade@xxxxxxxxxxx]
Sent: Thursday, August 29, 2013 9:44 AM
To: John Berard; Phil Corwin
Cc: Steve Delbianco; bc - GNSO list
Subject: RE: [bc-gnso] RE: Policy calendar for 29-Aug-2013 BC member call

Comments from mCADE llc:
In general, I think this is important to address on this call.

I would again want to hear from the three current providers who are members of  
the BC but I am of the view that two of those: Mahmoud and Gabi/Celia supported 
this. I don't think we ever heard back from Zahid. That is unfortunate, but 
perhaps as he will be on today's call, we can either ask about DNDRC's views, 
or ask for follow up, quickly, after today's call.

In general, if we can get to concurrence on this, I would support a letter that 
asks for clarity and enforceable agreements.  However, we do need to fully 
recognize and support that there are concerns from governments that providers 
be based in the region.  And that a US and European approach to suppliers 
simply does not scale.

Supplier is  perhaps now a broader term at ICANN than in the past.  In adding 
in criteria and accountability, we also ask ICANN [or demand] that ICANN manage 
such agreements, standards, etc.

ICANN has to accept the responsibility of engagement, and enforcement.


________________________________
Date: Thu, 29 Aug 2013 09:26:01 -0400
Subject: Re: [bc-gnso] RE: Policy calendar for 29-Aug-2013 BC member call
From: john@xxxxxxxxxxxxxxxxxxx<mailto:john@xxxxxxxxxxxxxxxxxxx>
To: psc@xxxxxxxxxxx<mailto:psc@xxxxxxxxxxx>
CC: sdelbianco@xxxxxxxxxxxxx<mailto:sdelbianco@xxxxxxxxxxxxx>; 
bc-gnso@xxxxxxxxx<mailto:bc-gnso@xxxxxxxxx>

Phil,

My view and recollection is as Phil describes. An underlying principle of any 
business is clarity and contracts for these vendors would help do that.

I am in favor of sending this letter.

John Berard
Credible Context

Phil Corwin <psc@xxxxxxxxxxx<mailto:psc@xxxxxxxxxxx>> wrote:
Fellow BC members:

On July 21st I sent an e-mail to the BC list expressing concerns about ICANN's 
July 19th document "UDRP Providers and Uniformity of Process - Status Report". 
In particular, the Report appears to conflict with the BC's longstanding 
position that UDRP providers should be subject to "a standard mechanism for 
establishing uniform rules and procedures and flexible means of delineating and 
enforcing arbitration provider responsibilities" .

The closing paragraph of that e-mail stated:

In conclusion, I hereby request that BC leadership and members consider 
preparing and sending a communication to the CEO and the Board raising concerns 
about the timing of the release of this document, the lack of public comment or 
Board review prior to its release, and its potentially prejudicial impact on 
future community discussion of the UDRP. I leave whether that communication 
should also take issue with any of its substantive conclusions up to the BC 
membership.

Attached is a proposed draft letter for the BC to send to ICANN in regard to 
this matter; this item is on the agenda provided by Steve DelBianco. The draft 
letter does not take any substantive positions on the statements in the report 
- it just states the BC's long-held position on the need for a standard and 
enforceable mechanism between ICANN and UDRP providers, and asks a series of 
questions about some of the statements in the Report.

I realize that the limited time may prevent a decision on this matter during 
the Thursday call and that we may need to follow up by e-mail, but I would be 
happy to answer any questions during the call.

Thanks, and best regards,
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: owner-bc-gnso@xxxxxxxxx<mailto:owner-bc-gnso@xxxxxxxxx> 
[mailto:owner-bc-gnso@xxxxxxxxx] On Behalf Of Steve DelBianco
Sent: Monday, August 26, 2013 11:03 PM
To: bc-gnso@xxxxxxxxx<mailto:bc-gnso@xxxxxxxxx> list
Subject: [bc-gnso] Policy calendar for 29-Aug-2013 BC member call

Here's a Policy Calendar for Thursday's BC call.   Those of you volunteering to 
collaborate on draft comments should feel free to circulate ideas and edits 
before Thursday.  I found it helpful to consult Benedetta's meeting minutes 
from 8-Aug 
(here<https://community.icann.org/download/attachments/31162833/Minutes+BC+August+8+2013.pdf?version=1&modificationDate=1377162255000>).

Channel 1. BC participation in ICANN Public Comment process:

ICANN Public Comment page is 
here<https://www.icann.org/en/news/public-comment>.   Selected comment 
opportunities below:

1. Draft report of expert working group (EWG) on next generation directory 
services (new WHOIS)    (comments close 6-Sep).
Initial drafting was done by Laura Covington, Susan, Elisa, Stephane, J Scott, 
and Bill Smith (thru 5-Aug)
Then some compromise paragraphs from Marie Pattullo on 6-Aug.
I added draft language on commercial use of privacy/proxy services.
Then Marilyn, J. Scott, and David Fares added edits to the 9-Aug version (1st 
attachment)
While the deadline is 6-Sep, we should finalize our comments ASAP since the EWG 
may begin reviewing comments later this week.
Note to Bill Smith: please share PayPal comments as soon as you are able.

2. Postponement of GNSO review  (reply comments close 6-Sep)

3. Locking of domain name subject to UDRP proceeding (PDP), board 
recommendation (reply comments by 13-Sep).
No comments have yet been filed on this.
Elisa Cooper drafted a brief comment for member consideration.  (2nd 
attachment).
Marilyn Cade expressed interest in this subject on 8-Aug call.

4. Proposal to mitigate name collision risks from new gTLD delegations (initial 
comments by 27-Aug, reply closes 17-Sep)
Elisa volunteered for first draft (3rd attachment).
Other volunteers included J Scott, Marilyn, and Steve D.

5. Rights Protection Mechanism (RPM) requirements     (initial comments by 
27-Aug, reply closes 18-Sep)
Elisa volunteered for first draft (4th attachment).
Other volunteers included J Scott, Marilyn, and Steve D.

6. Charter amendment process for GNSO Structures  (initial comments by 28-Aug, 
reply closes 18-Sep)

7. DNS Risk Management Framework Report (initial comments by 13-Sep)
Board received a report from Westlake 
(link<http://www.icann.org/en/groups/other/dns-risk-mgmt/draft-final-19aug13-en.pdf%20>).
  Lots of process discussion, but at least they acknowledge that DNS is all 
about Availability, Consistency, and Integrity. (page 8)

Note: BC members are encouraged to submit individual / company comments.  The 
BC selects topics on which to submit official positions based on member 
interest.

Geographic Indicator Debate
On 1-Aug a discussion thread was begun by J Scott Evans regarding the 
"Geographic Indicator Debate at Durban", including broader issue of GAC's role.
There is no firm deadline for this issue and ICANN has not posted GAC Advice 
for public comment.
We have offers to draft from J Scott Evans, Stephane, and Sarah Deutsch

Standardized Contract for URS Providers
Phil Corwin volunteered to draft a BC letter reiterating our position that URS 
and UDRP providers have standardized contracts.  Phil contacted Mahmoud Lattouf 
and they should have a draft letter for member review this week.

---
Channel 2. Support for discussion and votes of our representatives on GNSO 
Council
John Berard and Zahid Jamil, BC Councilors

Next Council telecon meeting is 5-Sep-2013, 15:00 UTC
Agenda / motions not posted as of 26-Aug.
GNSO Project list is 
here<http://gnso.icann.org/en/meetings/projects-list.pdf%20>.

---
Channel 3. Supporting discussion/voting on matters before the Commercial 
Stakeholders Group (CSG)
Marilyn Cade, CSG Liaison

---
Channel 4. BC statements and responses during public meetings (outreach events, 
public forum, etc.)

What shall we do to stop the madness of allowing both singular and plural forms 
of the same TLD?
This is an issue on which the BC has been vocal since Beijing, along with 
advice from the GAC to "reconsider" the singular/plural decisions.

ICANN's New gTLD Program Committee "reconsidered" in its 25-Jun Resolution:  
"NGPC has determined that no changes are needed to the existing mechanisms in 
the Applicant Guidebook to address potential consumer confusion resulting from 
allowing singular and plural versions of the same string."

As many BC members have discussed on list, the Dispute Resolution panels are 
generally upholding the originally flawed findings of the experts.   In one 
case, Dispute Resolution providers disagreed on the exact same string. 
(link<http://unitedtld.com/icann-must-now-decide-string-similarity-question/>)

There's been an impressive discussion on BC list. Question is, What can the BC 
do now?

This element of GAC Beijing advice was never posted for public comment, so we 
could insist upon that as a matter of process.  Moreover, events indicate that 
experts and dispute resolution panels are not uniformly interpreting the 
Guidebook standard ("so nearly resembles another that it is likely to deceive 
or cause confusion.")  So it's time to clarify the guidebook and re-do the 
string similarity evaluations.  There's a limited class of strings at issue, 
and the same panels could act quickly once they receive clearer instructions.

Also, we could enlist ALAC support to ask GAC to reiterate its concern over 
user confusion among singular and plural forms of the same TLD.   It was 
disappointing that GAC didn't mention singular/plural in its Durban Advice, but 
events now vindicate the GAC's original concern about consumer confusion.




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