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RE: [gnso-igo-ingo] RE: Objective Criteria Shortlist
- To: Alan Greenberg <alan.greenberg@xxxxxxxxx>, "Shatan, Gregory S." <GShatan@xxxxxxxxxxxxx>, "'Claudia MACMASTER TAMARIT'" <MACMASTER@xxxxxxx>, "gnso-igo-ingo@xxxxxxxxx" <gnso-igo-ingo@xxxxxxxxx>
- Subject: RE: [gnso-igo-ingo] RE: Objective Criteria Shortlist
- From: "Roache-Turner, David" <david.roacheturner@xxxxxxxx>
- Date: Thu, 24 Jan 2013 11:00:05 +0000
Thanks for that helpful clarification Alan.
I think one key word here is 'could'.
Someone masquarading, for example, as a non-profit UDRP dispute resolution
provider (WIPO) could also do significant harm (e.g. issuing fraudulent
decisions depriving registrants of their domain names), as could someone
masquarading as, for example, an IGO providing coordination of global postal
services (UPU), or of treaty-based international security (NATO), or of support
for international development (World Bank), or of global financial and monetary
stability (IMF), or of economic cooperation (OECD), or of world health (WHO),
or ineed any other IGO engaged in the important provision of such public
services.
Could it really be that the legally protected names and acronyms of such IGOs,
and by extension the security and stability of their work, could somehow be
regarded by ICANN policy makers as less worthy of preventive protection against
significant harm that could result from someone masquarading as that entity,
than ICANNs own name, especially in a massively expanded DNS?
Could it really be, for example, that the inclusion of a body such as the ISTF
(presumably the Internet Societal Task Force) on the reserve list could somehow
be regarded as more critical to network security and stability than a body such
as NATO, or somehow more worthy of ICANN preventive protection than IGOs whose
legal protection of their names and acronyms is there precisely to preclude
others masquarding under their names and acronyms?
In any event, to the extent that consideration of harm would even continue to
be a relevant part of our deliberatons on IGO protection (noting the UPUs
earlier, IGO-supported comments on this aspect of the work plan), I think our
imposing an evidentiary bench mark any higher than that which was apparently
used for ICANNs own name ("could" result) would be disproportiate. It is also
notable that the ICANN Board resolution on IGO preventive protection via the
reserve list includes no requirement for any demonstration of harm in order for
an IGO to qualify, nor does the GAC advice on IGOs, harm's prevention being the
relevant goal, not its identification as a rerequisite.
With best regards,
David Roache-Turner
________________________________
From: Alan Greenberg [alan.greenberg@xxxxxxxxx]
Sent: Wednesday, 23 January 2013 6:23 PM
To: Roache-Turner, David; Shatan, Gregory S.; 'Claudia MACMASTER TAMARIT';
gnso-igo-ingo@xxxxxxxxx
Cc: Thomas Rickert (rickert@xxxxxxxxxxx); Berry Cobb (mail@xxxxxxxxxxxxx); Jim
Bikoff (jbikoff@xxxxxxxxx); David Heasley (dheasley@xxxxxxxxx); Kiran
Malancharuvil (kmalancharuvil@xxxxxxxxx)
Subject: Re: [gnso-igo-ingo] RE: Objective Criteria Shortlist
I cannot speak to the rationale for the protection of geographic names, but my
understanding of the protection to the ICANN and Internet-related names stems
from the ICANN Articles of Incorporation and Bylaw requirement to protect the
stability and security of the Internet name and number system, and that someone
masquerading as one of the authorities of this infrastructure could do
significant harm.
Alan
At 23/01/2013 11:02 AM, Roache-Turner, David wrote:
Was such evidence of actual harm to ICANN's own names, or the geographical
ones, called for in order to qualify for preventive protection on the reserve
list, that being the option currently contemplated by the Board? Is not the
risk of such harm so obviously inherent in the introduction of infinite numbers
of new names enough to protect the institutionalized public interests involved?
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