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Re: [gnso-igo-ingo-qc] RE: Qualification Group - Initial Draft - Please Comment

  • To: "Claudia MACMASTER TAMARIT" <MACMASTER@xxxxxxx>
  • Subject: Re: [gnso-igo-ingo-qc] RE: Qualification Group - Initial Draft - Please Comment
  • From: Thomas Rickert <rickert@xxxxxxxxxxx>
  • Date: Tue, 18 Dec 2012 21:26:24 +0100

Group members,
thanks Kiran for sending the first version of the spreadsheet and Claudia for 
your additional remarks.

You are right, all arguments and proposed criteria should to into the 
spreadsheet to make it easier for the group to determine where it wants to go. 

I recollect that Evan also submitted criteria earlier to the list. I have 
copied those below:

What is the charitable status of the organization in the countries in which it 
operates?

What is the current incidence of fraudulent or misleading domains related to 
the organization?

Does the organization work and communicate directly to the public, or rather 
through affiliates, governments and partners?

Does the organization, or its subsidiaries, engage in ad-hoc domain creation to 
deal with unforeseen needs (ie, disaster relief)

Does the organiozation currently use a domain under .int?


May I ask you to try to put them (maybe rephrased to make it fit) into the 
spreadsheet and fill out the spreadsheet. I am sure that we will then have 
quite a good basis for our discussion tomorrow.

Thanks,
Thomas


Am 18.12.2012 um 20:33 schrieb "Claudia  MACMASTER TAMARIT" <MACMASTER@xxxxxxx>:

> Dear all,
>  
> First, may I suggest we add other criteria to this worksheet?   At the 
> moment, the excel chart gives the impression that we are only considering 5 
> criteria (protection by treaty, protection by national law, protection in 30 
> jurisdictions, serving the public good, and whether the organization can use 
> RPMS).
>  
> These criteria (if cumulative) express a bias towards narrowing the 
> eligibility pool dramatically without any defined objective justification for 
> any protection in domain names.  It seems they are tailored to protect only 
> certain (in many cases already-identified) organizations without objective 
> justification.
>  
> If the aim is to protect organizations that receive legal protections in 
> order to carry out recognized public good, I strongly urge the group to add 
> other criteria which do not instantly single out certain organizations, such 
> as the following (as previously suggested);
>  
> 1.       Number of member countries in the international organization;
> 2.       Percentage of governmental or public members in the international 
> organization;
> 3.       Number of countries in which the international organization has 
> operations or provides services and/or products;
> 4.       Nature and impact of work, services and/or products on an 
> international level;
> 5.       Nature and extent of collaborations with governments and other 
> international organizations;
> 6.       Status of international organization under international and/or 
> domestic law;
> 7.       Duration of international organization’s existence;
> 8.       Status of the international organization as a non-profit institution 
> and/or operating in the public interest;
> 9.       Recognition/use of name or acronym with/by the international 
> organization; 
> 10.   Number and extent of existing abusive domain name registrations 
> relating to the name or acronym.
> 
> Obviously these criteria can be subject to debate, which I believe is the 
> purpose of this worksheet.
>  
> I also object to collapsing the columns under "Connection of Identified Harm 
> to the National Law" in the first row under the headers.  This does not allow 
> for comments regarding any thoughts to the connection between the aspect of 
> any organization protected under treaty law and protection as a second and 
> first level domain, e.g., should protection of the graphical representation 
> of the Olympic rings mean protection of particular text on the second or 
> first level.
>  
> Several other comments are included in the attached.  I apologize for the 
> brevity of my comments, and look forward to tomorrow’s discussion.
>  
> Sincerely,
> Claudia
>  
>  
> From: owner-gnso-igo-ingo-qc@xxxxxxxxx 
> [mailto:owner-gnso-igo-ingo-qc@xxxxxxxxx] On Behalf Of Kiran Malancharuvil
> Sent: 2012-12-17 22:39
> To: gnso-igo-ingo-qc@xxxxxxxxx
> Cc: Jim Bikoff; David Heasley; Thomas Rickert (rickert@xxxxxxxxxxx)
> Subject: [gnso-igo-ingo-qc] Qualification Group - Initial Draft - Please 
> Comment
>  
> Dear Qualification Criteria Group Members,
>  
> Please find an initial draft of our group spreadsheet.  We’ve completed a 
> large part of this form, and made some changes to the format to account for 
> the unique protections provided to each entity.  Please provide comments, 
> especially with respect to fields left blank, by close of business on 
> Tuesday, December 18, 2012 (EST) so we can forward the draft to the group. 
>  
> As this is the first group email, please confirm receipt.
>  
> Thank you for your input!
>  
> Best regards,
>  
> Jim, David and Kiran
>  
> Kiran J. Malancharuvil
> Silverberg, Goldman & Bikoff, L.L.P.
> Georgetown Place
> 1101 30th Street NW, Suite 120
> Washington, DC 20007
> (202) 944-3307 – office
> (619) 972-7810 – mobile
> kmalancharuvil@xxxxxxxxx
>  
> This message from the law firm of Silverberg, Goldman & Bikoff LLP may 
> contain confidential or privileged information. If you received this 
> transmission in error, please call us immediately at (202) 944-3307 or 
> contact us by e-mail at kmalancharuvil@xxxxxxxxx. Disclosure or use of any 
> part of this message by persons other than the intended recipient is 
> prohibited.
>  
>  
>  
> <ISO IGO-INGO-Working-Tool_v1 0 - Qualification Group Changes (2).xlsx>

___________________________________________________________
Thomas Rickert, Rechtsanwalt
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