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Re: [bc-gnso] Policy calendar for 29-Aug-2013 BC member call
- To: Marilyn Cade <marilynscade@xxxxxxxxxxx>
- Subject: Re: [bc-gnso] Policy calendar for 29-Aug-2013 BC member call
- From: "Smith, Bill" <bill.smith@xxxxxxxxxxxxxx>
- Date: Thu, 29 Aug 2013 23:50:27 +0000
Wouldn’t these current providers have “an interest”? If so, we would need to
question their comments just as much as we have questioned others with
“interests”.
Let’s be consistent here and stop the talk of conflicts.
On Aug 29, 2013, at 6:44 AM, Marilyn Cade
<marilynscade@xxxxxxxxxxx<mailto:marilynscade@xxxxxxxxxxx>> wrote:
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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