Re: [gnso-iocrc-dt] RE: IOC/Red Cross DT: Proposed Narrowing of Options

[Jim Bikoff <jbikoff@xxxxxxxxx>]

Chuck, I thought the next teleconference was to be on Wednesday, September 5.

Jim

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

Sent from my iPad

On Aug 24, 2012, at 9:29 AM, "Gomes, Chuck" 
<cgomes@xxxxxxxxxxxx<mailto:cgomes@xxxxxxxxxxxx>> wrote:

Nice job Brian.  I forwarded this to the RySG and will do my best to get 
feedback before 29 August.

My understanding of Thomas’s statement about our next meeting was that it would 
be in two weeks and then after that we would meet weekly.  I may have 
misunderstood.  Regardless, I am personally okay with a meeting next week but 
wonder whether that will give us enough time to get sufficient feedback from 
our respective groups and on our discussion group list, especially considering 
that next week is essentially the last big vacation week for a lot of people.  
It is also important that we have good attendance on our call on the 29th.

Chuck

From: owner-gnso-iocrc-dt@xxxxxxxxx<mailto:owner-gnso-iocrc-dt@xxxxxxxxx> 
[mailto:owner-gnso-iocrc-dt@xxxxxxxxx] On Behalf Of Brian Peck
Sent: Thursday, August 23, 2012 9:17 PM
To: gnso-iocrc-dt@xxxxxxxxx<mailto:gnso-iocrc-dt@xxxxxxxxx>
Subject: [gnso-iocrc-dt] IOC/Red Cross DT: Proposed Narrowing of Options

Drafting Team Members:

The discussion during yesterday’s DT meeting/call resulted in a proposal for 
all DT members to consider and consult with their respective constituencies 
with regard to narrowing down the current 6 options for moving forward in 
responding to the GAC proposal to provide special additional protections for 
the RCRC/IOC names at the second level, and revising those remaining options to 
take into account the proposed approach from the RySG and further discussions 
during yesterday’s DT call.

Attached is the summary document of the current 6 options for moving forward 
and accompanying comments.  Please find below the proposed narrowing down of 
options to the following two:

1) Develop recommendations to respond to the GAC proposal by suggesting 
extending protection for the following provided there is an exception procedure 
for allowing names in to-be-defined circumstances: (Current Option #3 in 
attached doc)
            a) All RCRC and IOC names
             b) All RCRC names but no IOC names

Pending the results of a broader PDP which would include consideration of 
special protections for IOC and RCRC names (Current Option #5 in attached doc)

2) RySG Suggested Approach:

a.     Communicate to the GAC that Discussion Group Option 5 (PDP) is the 
GNSO’s starting position for second-level names of the RCRC and IOC in the 
first round of new gTLDs: “Consider possible additional protections for the 
RCRC/IOC as part of a broader PDP initiative on the protection of names for 
international organizations”

b.     Provide a rationale for this position
•      Possible reasons could include but need not be limited to the following:
                                                   i.     Reserving names for 
the IOC or RC could set excessive precedents and motivate unlimited numbers of 
other organizations to see special protections even though the GAC did a 
commendable job of trying to narrowly qualify the organizations for which names 
would be reserved.
                                                  ii.     Lots of input has 
been received since the GAC request that makes it less clear that the list of 
organizations could be sufficiently narrow.
                                                 iii.     National laws vary 
regarding their implementation of international treaties including variances 
about what exceptions are made.
                                                 iv.     Existing rights 
protection mechanisms can be used by the IOC and RC just like other 
organizations who have rights to names.
                                                  v.     Reserving the finite 
list of names recommended by the GAC opens the door to expanding that list to 
include acronyms, similar strings, etc., and these become even more problematic 
from an operational and policy perspective.
                                                 vi.     There are 
organizations besides the IOC and RC that have legitimate rights to some of the 
GAC recommended strings.
                                               vii.     The complexities of 
this issue warrant a thorough vetting in a GNSO multi-stakeholder, bottom-up 
PDP and, because of the complexities and competing interests, a PDP may not be 
able to be completed before new gTLDs are delegated.

c.     Give the GAC the opportunity to address the concerns expressed in the 
rationale (i.e., ‘fill in the holes’).

Yesterday’s meeting proposed removing from further consideration the following 
options:

Option 1: Maintain the status quo and not provide any new special protections 
for the RCRC/IOC names (i.e., no changes to the current schedule of 
second-level reserved names in the new gTLD Registry Agreement).

Option 2: Develop recommendations to respond to the GAC proposal by suggesting 
extending protection for:
a.     All RCRC and IOC names
b.     All RCRC names but no IOC names
c.     All IOC names but no RCRC names
d.     All RCRC names but only a subset of IOC names
e.     All IOC names but only a subset of RCRC names
f.      A subset of RCRC names and a subset of IOC names

Option 3: Develop recommendations to respond to the GAC proposal by suggesting 
extending protection for the following provided there is an exception procedure 
for allowing names in to-be-defined circumstances:
c.     All IOC names but no RCRC names
d.     All RCRC names but only a subset of IOC names
e.     All IOC names but only a subset of RCRC names
f.     A subset of RCRC names and a subset of IOC names

Option 4: Thomas Rickert withdrew this proposal

Option 6: Ask ICANN General Counsel’s office to conduct a legal analysis to 
substantiate/verify whether there is clear evidence of treaty law and/or 
statutes that would require registries and registrars to protect IOC and RCRC 
names by law.

The next DT meeting is scheduled for next Wednesday, 29 August – all DT members 
are requested to consult with their respective constituencies with regard to 
removing certain options listed above from further consideration, and feedback 
on the proposed two alternatives as options for the DT to move forward in 
responding to the GAC proposal.

Thanks.

Best Regards,

Brian

Brian Peck
Policy Director
ICANN