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[gnso-iocrc-dt] Continuing to Fulfill the Discussion Group's Mission

  • To: "Neuman, Jeff" <Jeff.Neuman@xxxxxxxxxx>, Nathalie Peregrine <nathalie.peregrine@xxxxxxxxx>, "'gnso-iocrc-dt@xxxxxxxxx'" <gnso-iocrc-dt@xxxxxxxxx>
  • Subject: [gnso-iocrc-dt] Continuing to Fulfill the Discussion Group's Mission
  • From: Jim Bikoff <jbikoff@xxxxxxxxx>
  • Date: Wed, 2 May 2012 19:34:44 +0000

Dear  Jeff,
Thank you for the opportunity to provide thoughts on continuing the valuable 
work of the GAC/GNSO Discussion Group on protecting the Olympic and Red Cross 
names at the second level.

The Discussion Group should continue to forge forward with its mission for two 
primary reasons:

    First, the ICANN Board action this April did not relate to protection at 
the second round, and if anything, invited further recommendations. Recently, 
on April 20, 2012, the New gTLD Program Committee of the ICANN Board released 
the rationale for its earlier resolution on protecting the Olympic and Red 
Cross names at the top level.  The Committee found that the substantive 
"recommendations of the GNSO are well taken."  It had concerns about 
timing--about making changes during the first round of top level applications. 
It pointed out that the comment period had not closed, that implementation 
details had not yet been worked out, and that the first round application 
window for top level domains has already been open for three months. That is 
why it determined not the change the top level "at this time."

    None of that addresses future applications at the second level.  The Board 
Committee emphasized that "Nothing in the Committee's action or this rationale 
is intended to preclude the consideration of the GNSO recommendations for 
future rounds of applications within the New gTLD Program."  There is ample 
time to make recommendations, get comments, and implement the recommendations 
to cover future second-round applications.

     Second, as you and others have pointed out, we are charged with the 
mandate of responding to the GAC proposal for protection at the second level.  
Our task is to continue our mission, and to present a unified, comprehensive 
package covering second level applications.  This is important work, and we 
should not be distracted from our mandate by the political views of the 
minority members of the Discussion Group who prevented a vote by the GNSO 
Council at the Costa Rica meeting.

The GAC has acknowledged that the biggest problem presented to the IOC lies at 
the second level.  We have demonstrated the significance of the problem posed 
by the multitude of unauthorized registrations of Olympic domain names at the 
second level.  The sui generis  legislations that the GAC has cited single out 
the Olympic Movement for protection because governments have recognized the 
Olympic Movement's unique visibility and heightened risk of infringement.  The 
IOC is victimized by hundreds of unauthorized domain name registrations every 
month. We have also demonstrated the inadequacy of  current Rights Protection 
Mechanisms, which are outstripped by the sheer volume of infringing 
second-level Olympic domain  applications.  Relying on Rights Protection 
Mechanisms alone would be unduly costly, burdensome and ineffective.

It is therefore imperative that the Discussion Group continue to carry out its 
mission at the second level, so that the recommendations can be acted upon by 
the launch of the New gTLDs next year.

Thank you,

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

From: owner-gnso-iocrc-dt@xxxxxxxxx [mailto:owner-gnso-iocrc-dt@xxxxxxxxx] On 
Behalf Of Neuman, Jeff
Sent: Wednesday, May 02, 2012 11:11 AM
To: Nathalie Peregrine; 'gnso-iocrc-dt@xxxxxxxxx'
Cc: gnso-secs@xxxxxxxxx; St├ęphane Van Gelder
Subject: [gnso-iocrc-dt] RE: CALL CANCELLATION: Meeting Invitation/GAC/GNSO 
issues related to International Olympic Committee (IOC) & Red Cross (RC) names 
discussion group


I just wanted to drop a quick note explaining why I cancelled the call for 
today.  Over the past couple of weeks, there has been a lot of chatter in 
various groups about the dismantling of our drafting team for a variety of 
reasons ranging from the practical ("Lets wait until the PDP to restructure a 
group like this") to the cynical ("The Board rejected all of the Drafting Teams 
recommendations and there Is nothing left for the group to do").  Although the 
Drafting Team understands that the Board only dealt with the Top Level 
Recommendations and that the GAC Proposal to which we were responding has 
recommendations at the second level, there is still a lot of negative chatter 
out there calling for this group to be abandoned.
The GNSO Council Call will address this issue next week and decide (hopefully) 
the future of this group.  Before that happens, however, I would like to know 
your thoughts on whether this Drafting Team should cease it operations.  From 
my own personal perspective (and not necessarily my SG), I believe that 
although we voted in favor of commencing  PDP on issues that are related to the 
IOC-RC proposals, the GNSO owes a response to the GAC on the GAC's September 
2011 proposal (the majority of which addresses proposed second level 
protections).  That proposal is now 8 months old and whether this Drafting Team 
helps with crafting that answer or not, the GNSO must provide a well-thought 
out and reasoned response.  I believe it would not be wise to ignore the 
proposal or to tell the GAC that we are going to wait for the issue report to 
be drafted and finalized by October and then decide whether to commence a PDP 
and then take a year or longer to provide the GNSO Council response (which 
could be 2-3 years after the initial proposal).

In the end, it will not be me making this call, but rather the Council.  I 
believe your feedback will help inform the Council on what it should do next 
week.  If any of you have thoughts on this, I would be happy to present those 
thoughts to the Council next week.

I truly appreciate the work you all have done to and regardless of what 
ultimately happens, I believe the work has been beneficial to the GNSO 

Best regards,

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

 On Behalf Of Nathalie Peregrine
Sent: Wednesday, May 02, 2012 4:48 AM
To: ntfy-gnso-iocrc-dt@xxxxxxxxx<mailto:ntfy-gnso-iocrc-dt@xxxxxxxxx>
Cc: gnso-secs@xxxxxxxxx<mailto:gnso-secs@xxxxxxxxx>
Subject: [ntfy-gnso-iocrc-dt] CALL CANCELLATION: Meeting Invitation/GAC/GNSO 
issues related to International Olympic Committee (IOC) & Red Cross (RC) names 
discussion group

Dear All,

The next call for the GAC/GNSO issues related to International Olympic 
Committee (IOC) & Red Cross (RC) names discussion group initially scheduled for 
today  Wednesday 02 May 2012 at 1800 UTC has now been cancelled as per Jeff 
Details about possible future calls will follow shortly.

11:00 PDT, 14:00 EDT,  19:00 London, 20:00 CET

Please be aware that some countries have now moved to Daylight Saving time, not 
hesitate to follow the link below if you have any doubts:

The dial-in details are below. Please let me know if you require a dial-out for 
this call.

Adobe Connect  meeting room:

Wiki space:

The mailing list address is

Public archives are at:

Thank you.
Kind regards,


Participant passcode: IOC

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