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Re: [gnso-iocrc-dt] DT CONSENSUS CALL ON RECOMMENDATIONS AT THE TOP LEVEL

  • To: "Neuman, Jeff" <Jeff.Neuman@xxxxxxxxxx>, "'gnso-iocrc-dt@xxxxxxxxx'" <gnso-iocrc-dt@xxxxxxxxx>
  • Subject: Re: [gnso-iocrc-dt] DT CONSENSUS CALL ON RECOMMENDATIONS AT THE TOP LEVEL
  • From: Alan Greenberg <alan.greenberg@xxxxxxxxx>
  • Date: Wed, 7 Mar 2012 11:16:30 -0500

Yes, I support these recommendations.

I still do not believe that the first-level protection is really needed, given that the chances of someone spending $185k to try to capture one of these names fraudulently is (in my opinion) small, and the various comment and objection processes should cover any that do try. However, given that the Board/staff HAS inserted this protection into the AG, I believe that it should be done properly.

Alan

At 06/03/2012 09:58 PM, Neuman, Jeff wrote:
All,

Many of you may have noticed that I proposed a motion today on the GNSO Council for the Council to approve the 3 recommendations and send those to the Board. I had to do that today in order to meet the timelines and get a motion on the agenda. The wording can always be tweaked. However, I do want to take a “Consensus” poll of those in the Drafting Team on the substance of the recommendations. It appears likely that the GAC as a group will likely support the recommendations and it would be great to report that we have at least a rough consensus in our group supporting the substance.

Please note that I am not asking about process or whether the GNSO Council or the Board should vote on the recommendations at this meeting. Nor am I addressing any of the concerns expressed by ICANN staff. I am not asking about that because in my view that is not the job of the Drafting Team to address those questions, but rather the Council. If they are not happy with the process, they can choose to address. Our job as the drafting team was to take the GAC proposal, evaluate it and provide substantive recommendations to the GNSO Council for their interactions with the GAC.

In other words, I am not asking for an opinion on whether there should be one or more public comment periods, whether you believe we need to provide additional rationale to the ICANN staff or Board, etc. Those are important questions for the Council to consider. But I am asking that all other things being equal, do you support the substance of the recommendations themselves. I will note that on the last call and the call with the GAC (and from re-reading the transcript) it appeared to me there was at least a rough consensus, but I want to re-ask the question.

PLEASE RESPOND TO THIS E-MAIL WITH A YES OR NO, AND IF NO, THE RATIONALE.

The recommendations are:

Recommendation 1: Treat the terms set forth in Section 2.2.1.2.3 as “Modified Reserved Names,” meaning:

a) The Modified Reserved Names are available as gTLD strings to the International Olympic Committee (hereafter the “IOC”), International Red Cross and Red Crescent Movement (hereafter “RCRC") and their respective components, as applicable.

b) Applied-for gTLD strings, other than those applied for by the IOC or RCRC, are reviewed during the String Similarity review to determine whether they are similar to these Modified Reserved Names. An application for a gTLD string that is identified as confusingly similar to a Modified Reserved Name will not pass this initial review.


c) If an application fails to pass initial string similarity review:


i. And the applied-for TLD identically matches any of the Modified Reserved Names (e.g., ".Olympic" or ".RedCross"), it cannot be registered by anyone other than the IOC or the RCRC, as applicable.

ii. If the applied-for TLD is not identical to any of the Modified Reserved Names, but fails initial string similarity review with one of Modified Reserved Names, the applicant may attempt to override the string similarity failure by:


1. Seeking a letter of non-objection from the IOC or the RCRC, as applicable; or

2.      If it cannot obtain a letter of non-objection, the applicant must:

a. claim to have a legitimate interest in the string, and demonstrate the basis for this claim; and b. explain why it believes that the new TLD is not confusingly similar to one of the protected strings and makes evident that it does not refer to the IOC, RCRC or any Olympic or Red Cross Red Crescent activity.

3. A determination in favor of the applicant under the above provision (ii)(2) above would not preclude the IOC, RCRC or other interested parties from bringing a legal rights objection or otherwise contesting the determination.

4. The existence of a TLD that has received a letter of non-objection by the IOC or RCRC pursuant to (ii)(1), or has been approved pursuant to (ii)(2) shall not preclude the IOC or RCRC from obtaining one of the applicable Modified Reserved Names in any round of new gTLD applications.

Recommendation 2: Protect the IOC/RCRC Terms in as many Languages as Feasible

The GAC has proposed that the IOC and RCRC “names should be protected in multiple languages­all translations of the listed names in languages used on the Internet…The lists of protected names that the IOC and RC/RC have provided are illustrative and representative, not exhaustive.” Although the Drafting Team agrees with the notion that the lists provided by the IOC and RCRC were illustrative, protecting the terms in every language on the Internet is not a standard that the Drafting Team believes is feasible to achieve. While it is true that the list of languages can be expanded, we recognize that in order to perform a String Similarity Review (as recommended above), a definitive objective list of languages must be created. It is the Drafting Team’s understanding that representatives from the IOC and RCRC are working on the creation of that definitive list and should be able to present that to the Drafting Team by no later than the ICANN Meeting in Costa Rica. If such a list can be produced, the Drafting Team may recommend the use of that list as a substitute to that currently in the Applicant Guidebook.

In addition, the Drafting Team also notes that even in the unlikely event that a third party applies for an IOC or RCRC term in a language that was not contained on the list, the IOC or RCRC, as applicable, may still file an applicable objection as set forth in the Applicant Guidebook.

Recommendation 3: Protections should apply for all future rounds, but may be reviewed after the first round.

In its proposal, the GAC has recommended that the protections for the IOC and RCRC should not just apply during the first round of new gTLDs, but should be a permanent protection afforded for all subsequent rounds. Although, the Drafting Team has not spent a lot of time discussing this topic, it does agree with the notion that it is making this recommendation as one intended to apply in all future rounds, but also recognizes that like all other aspects of the new gTLD program, these protections may be reviewed by the ICANN community should it desire to do so.

Thank you in advance.

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 / <mailto:jeff.neuman@xxxxxxxxxxx>jeff.neuman@xxxxxxxxxxx / www.neustar.biz

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