[gnso-iocrc-dt] RE: Questions/Options for Protection of IOC/Red Cross Names at Top Level

[Konstantinos Komaitis <k.komaitis@xxxxxxxxxxxx>]

Hi Jeff,

Thanks for the reminder. NCUC/NCSG is currently discussing this issue in its 
mailing list. One of us will get back to you with comments.

KK

Dr. Konstantinos Komaitis,

Senior Lecturer,
Director of Postgraduate Instructional Courses
Director of LLM Information Technology and Telecommunications Law
University of Strathclyde,
The Law School,
Graham Hills building,
50 George Street, Glasgow G1 1BA
UK
tel: +44 (0)141 548 4306
http://www.routledgemedia.com/books/The-Current-State-of-Domain-Name-Regulation-isbn9780415477765
Selected publications: http://hq.ssrn.com/submissions/MyPapers.cfm?partid=501038
Website: www.komaitis.org<http://www.komaitis.org>

From: owner-gnso-iocrc-dt@xxxxxxxxx [mailto:owner-gnso-iocrc-dt@xxxxxxxxx] On 
Behalf Of Neuman, Jeff
Sent: Πέμπτη, 2 Φεβρουαρίου 2012 2:38 μμ
To: Neuman, Jeff; gnso-iocrc-dt@xxxxxxxxx
Subject: [gnso-iocrc-dt] RE: Questions/Options for Protection of IOC/Red Cross 
Names at Top Level

All,

I have not seen any responses to this e-mail and it has been over a week.  The 
GNSO and GAC are dependent on us to give them some answers to the proposal.

I have also officially requested the informal meeting with interested members 
of the GAC for later in February to update them on our progress.  It would be 
great to report that progress has in fact been made :)

I look forward to seeing your comments.

Best regards,

Jeffrey J. Neuman
Neustar, Inc. / Vice President, Business Affairs

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From: owner-gnso-iocrc-dt@xxxxxxxxx [mailto:owner-gnso-iocrc-dt@xxxxxxxxx] On 
Behalf Of Neuman, Jeff
Sent: Wednesday, January 25, 2012 8:48 PM
To: gnso-iocrc-dt@xxxxxxxxx
Subject: [gnso-iocrc-dt] Questions/Options for Protection of IOC/Red Cross 
Names at Top Level

All,

Thanks for the very productive session today during our call.  Given the 
feedback on the call, we have revised the questions and options for protecting 
the IOC and Red Cross/Red Crescent names at the top level.  On the call, we 
discussed a fifth option for Question 1 which included the notion of a letter 
of non-objection from either the IOC/Red Cross or a relevant governmental 
entity (See options 5(a) and 5(b) below).  It also occurred to me after the 
call that there is a sixth option, which enable an appeal process (like option 
4) for entities that apply for strings that are found to have string 
similarity, but are unable to secure a letter of non-objection from the IOC/Red 
Cross or the relevant governmental authority, but still nonetheless have 
legitimate rights to the string.  Options 6(a) and 6(b) may be overkill, but I 
wanted to make sure all the options are on the table.
As requested during the call, these questions/options are being presented for 
your review and discussion within your respective groups.  Please provide any 
comments and/or feedback you may have by Sunday, February 5th.  This will 
enable us to assimilate the responses prior to our next call on February 8th.  
Thank you very much in advance for your consideration and time.

Question 1.  How should the Olympic and Red Cross/Red Crescent Terms be Treated 
in the Current Application Round

GAC Proposal
At the top level, the request is to protect the Olympic and Red Cross terms 
like the words "test" and "example" in the Applicant Guidebook (Section 
2.2.1.2), extending those terms to multiple languages and receiving 
consideration during the String Similarity review.  Right now, these terms (in 
not every language) is in the section entitled "Strings Ineligible for 
Registration" and would not invoke String Similarity Review.

*        Option 1: Recommend no changes to Guidebook and reject GAC Proposal.  
This means that the names set forth in 2.2.1.2.3:
a)       Are not considered "Reserved Names"
b)      Applied for strings are not reviewed for similarity to the names in 
Section 2.2.1.2.3.

*        Option 2:  Treat the terms set forth in Section 2.2..1.2.3 as 
"reserved names" under Section 2.2.1.2.  This means that:
a) the names are not available as gTLD strings to anyone; and
b)  applied-for gTLD strings are reviewed during the String Similarity review 
to determine whether they are similar to those in Section 2.2.1.2.3. An 
application for a gTLD string that is identified as too similar to a Reserved 
Name will not pass this review.
c)        Like other applied for gTLDs not passing String Similarity Review, 
there is no appeal.

*        Option 3:  Treat the terms set forth in Section 2.2.1.2.3 as "modified 
reserved names" meaning:
a)      The names are available as gTLD strings only to the International 
Olympic Committee, International Red Cross and Red Crescent Movement, as 
applicable.
b)      applied-for gTLD strings are reviewed during the String Similarity 
review to determine whether they are similar to those in Section 2.2.1.2.3. An 
application for a gTLD string that is identified as too similar to a Reserved 
Name will not pass this review.
c)       Like other applied for gTLDs not passing String Similarity Review, 
there is no appeal.

*        Option 4a - Same as Option 2, except there would be an appeal process 
for those organizations that can demonstrate legitimate rights to the "reserved 
names."  Appeal mechanism TBD.
*        Option 4b - Same as Option 3, except there would be an appeal process 
for those organizations that can demonstrate legitimate rights to the "modified 
reserved names."  Appeal mechanism TBD.

*        Option 5a:  Same as Option 3 except that the "modified reserve names" 
are available as gTLD strings only to the International Olympic Committee, 
International Red Cross and Red Crescent Movement or, to those entities 
receiving a letter of non-objection from the International Olympic Committee, 
International Red Cross and Red Crescent Movement as applicable.

*        Option 5b: Same as Option 5a but also to include entities receiving a 
letter of non-objection from a relevant government.

*        Option 6a: Same as Option 5a, except that there would be an appeal 
process for those entities that can demonstrate legitimate rights to the 
"modified reserved names."  Appeal mechanism TBD.

*        Option 6b: Same as Option 5b, except there would be an appeal process 
for those entities that can demonstrate legitimate rights to the "modified 
reserved names."  Appeal mechanism TBD.

Question 2.  Should the protections set forth in Question 1 apply to languages 
in addition to those set forth in the chart in Section 2.2.1.2.3?  If yes, 
which additional languages?
a)      Option 1:  No, just the languages set forth in the Applicant Guidebook
b)      Option 2:  Accept GAC Proposal stating asking for protection in 
"multiple languages - all translations of the listed names in languages used on 
the Internet."
c)       Option 3:  Extending protections to other languages, but a subset of 
languages.

Question 3.  Should the Protections in Questions 1 and 2 apply to subsequent 
gTLD rounds?

a)       Option 1:  Yes, it should apply in all future rounds
b)      Option 2:   No, it should only apply to this current round.
c)       Option 3:  It should apply in this current round with no decision on 
subsequent rounds.  We should evaluate the results of this initial round, 
document lessons learned, and then decide on recommendations on subsequent 
rounds based on the results of the evaluation.


Jeffrey J. Neuman
Neustar, Inc. / Vice President, Business Affairs
21575 Ridgetop Circle, Sterling, VA 20166
Office: +1.571.434.5772  Mobile: +1.202.549.5079  Fax: +1.703.738.7965 / 
jeff.neuman@xxxxxxxxxxx<mailto:jeff.neuman@xxxxxxxxxxx>  / 
www.neustar.biz<http://www.neustar.biz/>
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