Comments in Support of GAC Advice on Safeguards

["Aikman-Scalese, Anne" <AAikman@xxxxxxxxx>]

Comments are made in my individual capacity as a private practice attorney with 
a diverse client base ranging from individual artists interested primarily in 
free expression (but who also have trademark and copyright interests to 
protect), to a state university, to a federally recognized Indian tribe, to a 
mass market retailer concerned about counterfeit goods, to a Fortune 150 global 
defense industry concern, among others.

The GAC Safeguards should be implemented by ICANN.  The best prescription for a 
free, open, and innovative Internet is a well-considered self-regulatory 
approach by the ICANN Community.  The Community should follow the GAC Advice as 
to Safeguards and avoid forcing individual governments to enact regulatory 
schemes to address their legitimate concerns.  Following the GAC Advice as to 
Safeguards will also ensure consumer trust and confidence in the Internet as 
the new gTLDs launch.

With respect to applications for generic strings that provide for "exclusive 
access", the Community should undertake an expedited Policy Development Process 
in the GNSO with respect to the GAC Advice regarding operating such strings "in 
the public interest".   The PDP should include an analysis of the process and 
timing of posting Public Interest Commitments as well as enforcing those 
commitments via the draft Public Interest Commitment Dispute Resolution 
Procedure ("PICDRP").  In terms of organizational effectiveness, there is an 
urgent need for the ICANN Board, in cooperation with the Community,  to develop 
a method for real time participation by the GAC in the Policy Development 
Process.  There is apparently a Working Group dedicated to this task but an 
interim solution is needed.

Thank you for the opportunity to comment.
Respectfully submitted,
Anne Aikman-Scalese

[cid:550201318@04062013-010A]Anne E. Aikman-Scalese
Of Counsel
Lewis and Roca LLP • Suite 700
One South Church Avenue • Tucson, Arizona 85701-1611
Tel (520) 629-4428 • Fax (520) 879-4725
AAikman@xxxxxxxxx<mailto:AAikman@xxxxxxxxx> • 
www.LewisandRoca.com/Aikman<http://www.lewisandroca.com/Aikman>
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