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Re: [gnso-idng] an initial rough draft of a motion and letter

  • To: "Gomes, Chuck" <cgomes@xxxxxxxxxxxx>
  • Subject: Re: [gnso-idng] an initial rough draft of a motion and letter
  • From: Stéphane Van Gelder <stephane.vangelder@xxxxxxxxx>
  • Date: Mon, 26 Apr 2010 01:49:36 +0200

Chuck,

I remain opposed to the idea of setting up a WG on this topic. The charter you 
have drafted is very detailed, but I do not see that simply stating that delays 
to the new gTLD program are unacceptable helps avoid them. Time and time again, 
we've seen charters and WGs form around the idea that delays are unacceptable 
only to see them cause delays, either because of a Board resolution, or because 
those in the community that wish the program to be delayed pounce on the topic 
being discussed as the perfect excuse to cause further delays.

The only way I would be comfortable with this motion and the idea of a WG is if 
the motion explicitly states that the GNSO is NOT undertaking this work for the 
first round, but instead is working towards the long term new gTLD program.

I also think that would be sending a responsible signal to the community that 
as far as the GNSO is concerned, no more work should be started on 1st round 
topics, but that the program itself can be continually refined.

Thanks,

Stéphane

Le 24 avr. 2010 à 16:35, Gomes, Chuck a écrit :

> In follow-up to the changes I suggested to the motion, I prepared a
> draft charter for a WG.  If we decide to include the part of the motion
> forming a special WG, it seemed to me that we need to include a charter
> so that the WG could be formed and begin its work very quickly. As I
> think I have made clear, I do not think that delays to the new gTLD
> process are an option. And Avri stated basically the same position in
> her motion.
> 
> We need to decide whether we want to include the formation of a special
> WG in the motion but in the meantime, in case we do decide to go that
> direction, it would be helpful if everyone reviewed the draft charter
> and make any edits you think are needed.  I tried to keep it fairly
> simple and included a timeline of about two months from 20 May.
> 
> Remember, we need to submit our recommendations including a motion to
> the Council not later than 12 May.
> 
> Chuck 
> 
>> -----Original Message-----
>> From: owner-gnso-idng@xxxxxxxxx 
>> [mailto:owner-gnso-idng@xxxxxxxxx] On Behalf Of Gomes, Chuck
>> Sent: Thursday, April 22, 2010 11:03 AM
>> To: Avri Doria; gnso-idng@xxxxxxxxx
>> Subject: RE: [gnso-idng] an initial rough draft of a motion and letter
>> 
>> 
>> Overall this looks very good to me Avri but I think we should 
>> work on the second resolution. Thanks for doing this so quickly.
>> 
>> Note that I inserted some comments below.  Here's an 
>> alternative for the second resolution with the following 
>> three resolutions:
>> 
>> - Request that a special working group (Rec2 WG) be formed 
>> immediately to assist the ICANN new gTLD implementation team 
>> in developing recommendations for modifying the new gTLD 
>> initial evaluation procedures to allow for extended 
>> evaluation of strings that are preliminarily identified as 
>> confusingly similar and likely to cause confusion
>> 
>> - The charter for the Rec2 WG will be (insert link to charter).
>> 
>> - Request that the ICANN new gTLD implementation team make 
>> initial modifications in DAG4 to allow for extended 
>> evaluation of initial evaluation decisions regarding 
>> confusingly similar strings.
>> 
>> I think the charter should include the following: Initial 
>> recommendations from the Rec2 WG are due by 17 June 2010; a 
>> 20-day public comment period from 18 June - 15 July; final 
>> recommendations are due by 30 July; develop a set of 
>> guidelines that can be used in the extended evaluation of 
>> strings judged confusingly similar in the initial evaluation 
>> but which might not be detrimentally similar due to various 
>> extenuating circumstances; the Working Group should take into 
>> account any Board or ccNSO resolutions related to similar 
>> issues in the fast track ccTLD process which is already 
>> underway; a stipulation that nothing involved with this WG 
>> process should slow down the process of beginning the New 
>> gTLD process.
>> 
>> Note that I left out the following because I was concerned 
>> about giving the WG too much to do: "The work of this WG 
>> could include resolution of issues such as the conditions 
>> under which a string may be confusingly similar but not 
>> detrimentally similar, recommendations such as the treatment 
>> of second level names in such similar strings and contractual 
>> conditions that may be necessary in such cases."  If time 
>> permitted, I think it would be okay for the WG to do this.
>> 
>> Chuck
>> 
>> 
>> 
>>> -----Original Message-----
>>> From: owner-gnso-idng@xxxxxxxxx
>>> [mailto:owner-gnso-idng@xxxxxxxxx] On Behalf Of Avri Doria
>>> Sent: Thursday, April 22, 2010 1:11 AM
>>> To: gnso-idng@xxxxxxxxx
>>> Subject: [gnso-idng] an initial rough draft of a motion and letter
>>> 
>>> 
>>> Hi,
>>> 
>>> This could be the general shape of a motion and letter.  I 
>> have used 
>>> abbreviated language to get the idea out and have left off the 
>>> flourishes etc...
>>> 
>>> a.
>>> 
>>> 
>>> -----
>>> 
>>> Whereas:
>>> 
>>> o  DAGv3 does not include the option of extended evaluation for 
>>> strings that fail the initial evaluation for confusing 
>> similarity and 
>>> likelihood to confuse.
>>> 
>>> o  The IDN Drafting Team established by the GNSO Council (motion # 
>>> here) has discussed various circumstances where strings that may be 
>>> designated as confusingly similar may not be detrimentally 
>> similar.  
>>> This may occur, inter alia, in cases such as:
>>> 
>>> - example 1 on same registry (existing or new) application for a 
>>> string similar to existing or applied for string (tbd - 
>> .com or .asia 
>>> example?)
>>> 
>>> - example 2 on IDN application for existing LDH string 
>> where there is 
>>> an agreement between applicant Registry and the Registry of 
>> record for 
>>> the exsiting LDH string (tbd - .museum
>>> example?)
>>> 
>>> -  ...
>>> 
>>> o  The GNSO Council in its recommendation #2 intended to prevent 
>>> confusing and detrimental similarity and not similarity that could 
>>> serve the users of the Internet
>>> 
>>> 
>>> Resolved
>>> 
>>> o  A request be sent to the ICANN New GTLD Implementation Team, and 
>>> copied to the ICANN Board, requesting that Model 2 
>> regarding "Outcomes 
>>> of the String Similarity Review" be amended to allow applicants to 
>>> request extended review under terms similar to those provided for 
>>> other issues such as "DNS
>>> Stability: String Review Procedure".
>>> 
>>> o Request that the Drafting Team, in time for the 20 May 
>> 2010 meeting 
>>> go the council,
>> 
>> Chuck: The meeting where this motion will be considered is on 
>> 20 May so I do not think this works.
>> 
>>> create a proposed charter for a WG to establish a set of guidelines 
>>> that can be used in the extended evaluation of strings judged 
>>> confusingly similar in the initial evaluation but which 
>> might not be 
>>> detrimentally similar due to various extenuating circumstances.
>> 
>> Chuck: Is it possible for us to develop a proposed charter by 12 May?
>> That would be the best scenario but that is asking a lot.
>> 
>>> The work
>>> of this WG could include resolution of issues such as the 
>> conditions 
>>> under which a string may be confusingly similar but not 
>> detrimentally 
>>> similar, recommendations such as the treatment of second 
>> level names 
>>> in such similar strings and contractual conditions that may be 
>>> necessary in such cases.
>>> The Drafting Team  and the Working Group should take into 
>> account any 
>>> Board or ccNSO resolutions related to similar issues in the 
>> fast track 
>>> ccTLD process which is already underway.  The Drafting Team should 
>>> also include a stipulation in the WG charter that nothing involved 
>>> with this WG process should slow down the process of begin!
>>> ning the New gTLD process.  The proposed charter should 
>> also include 
>>> the stipulation that the outcomes be deliver  in July 2010.
>> 
>> Chuck: I think we need to recommend a plan that can be 
>> realisticly can avoid any delays.
>> 
>>> 
>>> 
>>> 
>>> 
>>> -----
>>> 
>>> Possible note:
>>> 
>>> -----
>>> 
>>> To:   Kurt Pritz and members of the ICANN New GTLD 
>>> Implementation Team,
>>> CC:  ICANN Board
>>> 
>>> The GNSO Council requests a change to Module 2 of the Draft 
>> Applicant 
>>> guide.  Specifically, we request that the section on 
>> "Outcomes of the 
>>> String Similarity Review" be amended to allow applicants to request 
>>> extended review under terms equivalent to those provided for other 
>>> issues such as "DNS
>>> Stability: String Review Procedure".  We also request that 
>> a section 
>>> be added on String Similarity - Extended Review that 
>> parallels other 
>>> such sections in Module 2.
>>> 
>>> This request is seen as urgent because there are several conditions 
>>> under which it may be justified for applicants of a string, 
>> which has 
>>> been denied further processing based on visual confusing 
>> similarity by 
>>> the initial evaluation, to request extended evaluation to evaluate 
>>> extenuating circumstances in the applications that may make the 
>>> application one where such similarity would not constitute 
>> detrimental 
>>> similarity.
>>> 
>>> In the meantime the GNSO Council will constitute a Working Group to 
>>> develop a set of policy guidelines to be used by the extended 
>>> evaluation panel on similarity, in evaluating any applications that 
>>> may request such an extended evaluation on string 
>> similarity.  The WG 
>>> will complete its work by July 2010.
>>> 
>>> 
>>> 
>>> 
>>> 
>>> 
>> 
>> 
> <New gTLD Rec2 WG Charter Draft 1.doc>





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