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

[Avri Doria <avri@xxxxxxx>]

Hi,

Why aren't we just proposing a motion that sends a letter to the Implementation 
Team asking them to add the Extend Evaluation for similarity on the basis of 
the issues that have been outlined.

a.

On 27 Apr 2010, at 23:23, Gomes, Chuck wrote:

> 
> With so many things going on, we could defer forming a WG until after the 
> start of the new gTLD program.  We could simply include the first resolution 
> or we could make the second resolution say to start a WG later at some 
> specified or unspecified time.  I am not advocating for any of these options, 
> just suggesting alternatives.
> 
> Chuck 
> 
>> -----Original Message-----
>> From: owner-gnso-idng@xxxxxxxxx 
>> [mailto:owner-gnso-idng@xxxxxxxxx] On Behalf Of Edmon Chung
>> Sent: Tuesday, April 27, 2010 8:52 PM
>> To: gnso-idng@xxxxxxxxx
>> Subject: RE: [gnso-idng] an initial rough draft of a motion and letter
>> 
>> 
>> So, if I gather that correctly, we would put forward a motion 
>> that would do both of the following:
>> 
>> 1. Identify issue and suggest using extended evaluation for round 1
>> 
>> 2. Form a WG to address the issue in depth NOT for round 1
>> 
>> Edmon
>> 
>> 
>> 
>> 
>>> -----Original Message-----
>>> From: owner-gnso-idng@xxxxxxxxx 
>> [mailto:owner-gnso-idng@xxxxxxxxx] On
>> Behalf
>>> Of Stéphane Van Gelder
>>> Sent: Tuesday, April 27, 2010 9:06 PM
>>> To: Gomes, Chuck
>>> Cc: Avri Doria; gnso-idng@xxxxxxxxx
>>> Subject: Re: [gnso-idng] an initial rough draft of a motion 
>> and letter
>>> 
>>> 
>>> Hi Chuck,
>>> 
>>> Yes, I that is correct as far as I am concerned. I will let Tim and 
>>> Adrian
>> speak for
>>> themselves rather than risk putting words in their mouths. I am 
>>> opposed to
>> forming a
>>> WG at this stage as I feel it will introduce delays. I am 
>> in favour of
>> allowing ext eval
>>> for similar strings. I am also in favour of the Council saying in no
>> uncertain terms
>>> that it is looking at this issue in depth for round 2 but does not 
>>> want to
>> start a WG for
>>> round 1 because the Council feels it is high time the new 
>> gTLD program 
>>> was launched.
>>> 
>>> Stéphane
>>> 
>>> Le 26 avr. 2010 à 15:59, Gomes, Chuck a écrit :
>>> 
>>>> 
>>>> Let me try that again Stephane.  What is it that you, 
>> Adrian and Tim 
>>>> do
>> not support?
>>> There are two items in my message: 1) forming a WG; 2) 
>> making a motion
>> that we
>>> put forward a motion that just recommends allowing extended 
>> evaluation 
>>> for
>> string
>>> similarity initial review decisions.  I am fully aware that 
>> all three 
>>> of
>> you oppose the
>>> the former but thought you are okay with the latter.  Am I
>> misunderstanding that?
>>>> 
>>>> Chuck
>>>> 
>>>>> -----Original Message-----
>>>>> From: owner-gnso-idng@xxxxxxxxx
>>>>> [mailto:owner-gnso-idng@xxxxxxxxx] On Behalf Of Gomes, Chuck
>>>>> Sent: Monday, April 26, 2010 9:31 AM
>>>>> To: Stéphane Van Gelder
>>>>> Cc: Avri Doria; gnso-idng@xxxxxxxxx
>>>>> Subject: RE: [gnso-idng] an initial rough draft of a motion and 
>>>>> letter
>>>>> 
>>>>> 
>>>>> Do not support what Adrian?
>>>>> 
>>>>> Chuck
>>>>> 
>>>>>> -----Original Message-----
>>>>>> From: Stéphane Van Gelder [mailto:stephane.vangelder@xxxxxxxxx]
>>>>>> Sent: Monday, April 26, 2010 5:31 AM
>>>>>> To: Gomes, Chuck
>>>>>> Cc: Avri Doria; gnso-idng@xxxxxxxxx
>>>>>> Subject: Re: [gnso-idng] an initial rough draft of a motion
>>>>> and letter
>>>>>> 
>>>>>> Chuck, it seems to me that both Adrian, Tim and myself have 
>>>>>> already stated that we do not support.
>>>>>> 
>>>>>> It feels like we're not being heard though...
>>>>>> 
>>>>>> Stéphane
>>>>>> 
>>>>>> Le 26 avr. 2010 à 02:48, Gomes, Chuck a écrit :
>>>>>> 
>>>>>>> Actually Stephane, the statement that should not be delays
>>>>>> was really not the key element of avoiding delays.  The 
>> objective, 
>>>>>> deliverables and timeline were much more critical in 
>> that regard.
>>>>>>> 
>>>>>>> I like I said earlier, I am not opossed to the change to
>>>>>> the motion suggested by Tim, i.e., just allowing for extended 
>>>>>> evaluation.  I just wanted to make sure if there was
>>>>> support for the
>>>>>> working group that we had a charter ready to go so that
>>>>> there wouldn't
>>>>>> be delays developing one and waiting for approval.
>>>>>>> 
>>>>>>> Chuck
>>>>>>> 
>>>>>>>> -----Original Message-----
>>>>>>>> From: Stéphane Van Gelder 
>> [mailto:stephane.vangelder@xxxxxxxxx]
>>>>>>>> Sent: Sunday, April 25, 2010 7:50 PM
>>>>>>>> To: Gomes, Chuck
>>>>>>>> Cc: Avri Doria; gnso-idng@xxxxxxxxx
>>>>>>>> Subject: Re: [gnso-idng] an initial rough draft of a 
>> motion and 
>>>>>>>> letter
>>>>>>>> Importance: High
>>>>>>>> 
>>>>>>>> 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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