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Re: Fw: [gnso-igo-ingo] Proposed language edit for the WG charter

  • To: Stephane Hankins <shankins@xxxxxxxx>, "gnso-igo-ingo@xxxxxxxxx" <gnso-igo-ingo@xxxxxxxxx>
  • Subject: Re: Fw: [gnso-igo-ingo] Proposed language edit for the WG charter
  • From: Alan Greenberg <alan.greenberg@xxxxxxxxx>
  • Date: Thu, 15 Nov 2012 06:28:38 -0500

Stephane, two points:

- Where does the 31 December 2013 deadline come from?

- My understanding is that the RC/IOC DT recommendation, if adopted by the GNSO Council at the meeting which is going on as I write this, or at its December or January meetings, will meet that Board requirement.

Alan

At 15/11/2012 05:49 AM, Stephane Hankins wrote:
Dear all,

On behalf of the components of the International Red Cross and Red Crescent Movement, we wish herewith to concur with the IOC's position expressed in Jim's message.

In addition to Jim's points, I believe it is valuable to actually quote here the Resolution adopted by the ICANN Board's new gTLD Program Committee on 13 September 2012, which specifically :

Requests the GNSO, if it is not possible to conclude the policy work prior to 31 January 2013, to advise the Board by no later than that date if it is aware of any reason, such as concerns with the global public interest or the security or stability of the DNS, that the Board should take into account in making its decision about whether to include second level protections for the IOC and Red Cross/Red Crescent names listed in section 2.2.1.2.3 of the Applicant Guidebook by inclusion on a Reserved Names List applicable in all new gTLD registries approved in the first round of the New gTLD Program.

The request by the Board for a GNSO position regarding any objections to the protections of the RCRC and IOC names at the second level for the initial round of new gLTDs was made very specific and was given a deadline by 31st December 2013. It is necessary that the Working Group examine the questions of the appropriate protections of the RCRC and of IOC names at the second level for the initial round of new gLTDs specifically and on their own terms.

All best regards,

Stéphane


Stéphane J. Hankins
Legal adviser
Cooperation and coordination within the Movement
International Committee of the Red Cross
Tel (direct line): ++0041 22 730 24 19
----- Forwarded by Stephane Hankins/DC_MOUV/GVA/ICRC on 15.11.2012 10:07 -----

From:       Jim Bikoff <jbikoff@xxxxxxxxx>
To:      "gnso-igo-ingo@xxxxxxxxx" <gnso-igo-ingo@xxxxxxxxx>
Date:       15.11.2012 01:04
Subject:       [gnso-igo-ingo] Proposed language edit for the WG charter
Sent by:       owner-gnso-igo-ingo@xxxxxxxxx




Dear all,

On behalf of the International Olympic Committee, we object to Mr. Guilherme's proposal on the following grounds:

First, for over a year, the IOC and Red Cross organizations' names have been expressly addressed by the Governmental Advisory Committee, the ICANN Board, ICANN's inside and outside counsel, the Applicant Guidebook, and the IOC/RCRC Drafting Team. It would make no sense to suddenly abandon this express consideration, and to lump them in with entities that have not been so thoroughly considered.

Second, consideration of the IOC and Red Cross/Red Crescent names is supposed to be expedited. Mr. Guilherme's proposal, lumping them in with other entities, would prolong the process.

Third, the Charter language was carefully crafted and approved by the IOC/RCRC Drafting Team. Many of the members of that team, who are also members of the new PDP Group, were not on the call today, and it would be unfair to recommend changes on behalf of the Group in their absence and without their knowledge.

In sum, we believe that Mr. Guilherme's proposal does not reflect a considered consensus. It would disregard the careful consideration already given to IOC/RCRC protection, delay the process, and contravene the mission of the Working Group.

Best regards,

Jim

James L. Bikoff
Silverberg, Goldman & Bikoff, LLP
1101 30th Street, NW
Suite 120
Washington, DC 20007
Tel: 202-944-3303
Fax: 202-944-3306
<mailto:jbikoff@xxxxxxxxx>jbikoff@xxxxxxxxx




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From: <mailto:owner-gnso-igo-ingo@xxxxxxxxx>owner-gnso-igo-ingo@xxxxxxxxx [mailto:owner-gnso-igo-ingo@xxxxxxxxx] On Behalf Of Brian Peck
Sent: Wednesday, November 14, 2012 5:50 PM
To: <mailto:gnso-igo-ingo@xxxxxxxxx>gnso-igo-ingo@xxxxxxxxx
Cc: Margie Milam; Berry Cobb Mail
Subject: [gnso-igo-ingo] FW: Proposed language edit for the WG charter
To Members of the IGO-INGO Working Group:

During the call today a proposal was submitted to the WG by Ricardo Guilherme for the WG to request the GNSO Council to consider revising the draft WG Charter which will be voted on during the Council meeting on 15 November. The suggested revision is delineated below.

Members are asked to state whether they would approve or object to this proposal being submitted to the Council on behalf of this PDP WG.

The Council meets at 11:00 UTC on the 15 Nov. and so, WG members are requested to submit their approval/objection no later than 8:00 UTC on 15 Nov.

If approved to be submitted on behalf of the WG, then the Chair could submit/present to the Council for its consideration in voting on adopting the draft WG Charter.

Thank you.

Brian Peck
Policy Director
ICANN




------ Forwarded Message
From: GUILHERME ricardo <<ricardo.GUILHERME@xxxxxxx>ricardo.GUILHERME@xxxxxxx>
Date: Wed, 14 Nov 2012 14:12:37 -0800
To: Brian Peck <<brian.peck@xxxxxxxxx>brian.peck@xxxxxxxxx>
Subject: Proposed language edit for the WG charter

Dear Brian,

As discussed during the call, please find below the proposed remarks and edits to the WG Charter (Section "Mission and scope", third paragraph, first and second indents), to be shared with and potentially submitted by the WG before the GNSO Council call takes place tomorrow.

An inconsistency exists between the language used in the first indent and the one contained in the second indent, in the sense that there is already an assumption that protection shall be afforded to the two movements/organizations named therein. Moreover, a reference to the initial round of new gTLDs is already provided in the second indent.

THE CURRENT DRAFT WG CHARTER READS:

Should the PDP WG reach consensus on a recommendation that there is a need for special protections at the top and second level in all existing and new gTLDs for certain international organization names and acronyms, the PDP WG is expected to:

- Determine the appropriate protection for RCRC and IOC names at the second level for the initial round of new gLTDs.

- Determine whether the current special protections being provided to RCRC and IOC names at the top and second level of the initial round of new gTLDs should be made permanent for RCRC and IOC names in all gTLDs and if not, develop specific recommendations for appropriate special protections for these names.

In this regard, it is worth emphasizing that the WG is supposed to provide, on a comprehensive and objective basis, recommendations concerning the protection of the names and acronyms of IGOs and INGOs (including as the case may be the IOC and the RC for the latter category).

Consequently, in case the final recommendation is to refuse permanent protection to one entity or another, there is no legal or logical reason to further "develop specific recommendations for appropriate special protections for these names". I may also add that both the IOC and the RC fall within the scope of INGOs.

In the light of the above, the first indent should be deleted (as it is redundant/duplicating language already present in the second indent) and the second indent read as follows instead:

"Determine whether the current special protections being provided to RCRC and IOC names at the top and second level of the initial round of the new gTLDs are appropriate and should be made permanent for RCRC and IOC names in all gTLDs."

With kind regards,

Ricardo Guilherme


------ End of Forwarded Message

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