RE: [gnso-igo-ingo] Proposed protection matrix - to be discussed during the next call

["Claudia MACMASTER TAMARIT" <MACMASTER@xxxxxxx>]

Dear Thomas and All,

We strongly object to dividing the qualification criteria to unjustifiably and 
effectively pre-select two organizations among other international 
organizations.  Otherwise, it may appear we are setting up 4 doors of admission 
(2 built to size for the IOC and the RCRC) without answering why we should open 
the door in the first place.

Where the law mandates an open door, let's recommend ICANN obey the law.  Where 
the law does not mandate an open door but the public interest does, then let's 
open that one door on that clearly defined rationale.  Different organizations 
will certainly pass through, we can even predict some.  But that organizations 
can satisfy entry criteria in different ways doesn't justify opening different 
doors for different applicants (even if they have been cueing for longer).

May I suggest we define the rationale first, then from this consider how 
different organizations might satisfy that entry rationale?

It goes without saying;  we would of course object to any aspects of a 
recommendation that are based on biased, discriminatory and possibly illegal 
criteria that unjustifiably close the door to some in the limited group of 
international organizations with global reach and extraordinary public service 
that face the risk of abuse of their names in the upcoming expansion of the DNS.


Sincerely,
Claudia MacMaster Tamarit
(ISO) International Organization for Standardization


From: owner-gnso-igo-ingo@xxxxxxxxx [mailto:owner-gnso-igo-ingo@xxxxxxxxx] On 
Behalf Of Thomas Rickert
Sent: 2013-02-23 22:15
To: gnso-igo-ingo@xxxxxxxxx
Subject: [gnso-igo-ingo] Proposed protection matrix - to be discussed during 
the next call

Dear all,
based on our discussions, I have below tried to amalgamate the points I have 
perceived to be supported by some in the WG into a consistent set of measures / 
protections / recommendations.

You will see that I have separately dealt with the IOC, RCRC, IGOs and INGOs, 
but still used a definition based on Mary's proposal to give an overall 
rationale for the protections. You will also see that I have covered for each 
of the above:

1. qualification criteria

2. protections for the top level and the second level

3. protections in the launch phase and as of general availability

4. protections that work preventive and preventions that work curative

5. protections for identical matches and similar strings

You will note that I have provided responses for all those aspects for all 
types of organizations separately. As I mentioned, we need to look at the 
organizations separately as no consensus was in sight on determining a unified 
set of criteria.

Also, you will find different protections for different phases / scenarios to 
respond to the proposal (as made by Evan) that the response/protection should 
correspond to the concrete threat or I should better say likelyhood of threat 
(paraphrasing now). To give an example: If someone took the string World Health 
Organization (exact match name of the organization) the threat level would be 
higher than if someone took the acronym (who).

ToDos / Next Steps:

I recommend you go through the proposal one by one per organization (type) in 
question and give feedback whether you are fine with the approach. If you 
think, other protections should be granted, please do explicitly mention them.

If you think that one or more organizations should fulfill other or more 
qualification criteria, please do explicitly mention them and come up with an 
alternative proposal.

If you think that the matrix is not covering all aspects it should include, 
please provide concrete information on what is missing. I know the matrix just 
provides headings and not all information we have exchanged in calls or in 
writing. Completeness for that can be checked by you when you get the draft 
report (which staff is thankfully starting to write up in parallel - thanks to 
Brian and Berry!!!).

If you think that you cannot grant protections to one or more of the 
organization (types) on the basis of the methodology, please spell out 
explicitly and comprehensively what you need to know, add to support a 
recommendation to provide protections. If you do come up with such requests, 
the group will consider whether such request can be responded to. If you think 
you cannot support protections for one or more organizations anyway, please 
indicate.

Since the group has extensively discussed all aspects of the issues in question 
and provided all information that the members regarded relevant were put 
forward, I believe we are now at a point where we should move forward to the 
next stage and work on actual conclusions / proposals.

Hence, you find below a set of recommendations with proposed recommendations 
for all 4 organization(s) types. Please note that these do not necessarily 
reflect my own preference, but such proposals that I think might get some 
support after having listened to all of you for a long time.

We will discuss this set of recommendations during the next call. If you 
provide substantive feedback or alternatives, we will include such information 
if it finds sufficient working group support. If no alternatives are proposed, 
we will refine the proposals with additional explanations and include it in the 
report so that the report can be put out for public comment as soon as 
possible. We will call for view on all 4 organization(s) (types) separately, so 
you can say yes or no to each individually, unless there is broad support by 
the group that we should group the proposals into less than four segments.


Attached you find the:

Proposed protection scheme for organizations that serve the global public 
interest, that are international in scope and operations, and whose primary 
mission is of such public importance that some form of special protection for 
its name and acronym can be justified.

Eligible Organizations:

Meeting two of the following criteria is deemed to be sufficient evidence of 
the above requirements for an organization to be eligible for protections. The 
protection encompasses the name and the acronym of the respective organization 
as well as designations that - as the case may be - are explicitly mentioned in 
a treaty as a protected designation.

- Protection by treaty
- Protection in multiple national jurisdictions (either by virtue of a specific 
law or treaty protection that is enforceable in a multiple jurisdictions 
without the requirement of a specific enactment
- Mission serving the global public interest
- inclusion in the Ecosoc list

I am looking forward to receiving your feedback.

Thomas



___________________________________________________________
Thomas Rickert, Attorney at Law

Managing Partner, Schollmeyer & Rickert Rechtsanwaltsgesellschaft mbH
www.anwaelte.de<http://www.anwaelte.de>

Director Names & Numbers, eco Association of the German Internet Industry
www.eco.de<http://www.eco.de>