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RE: [gnso-iocrc-dt] IOCR discussion group - MP3, attendance 26 September 2012

  • Subject: RE: [gnso-iocrc-dt] IOCR discussion group - MP3, attendance 26 September 2012
  • From: <Mary.Wong@xxxxxxxxxxx>
  • Date: Thu, 27 Sep 2012 19:03:55 -0400

Hello everyone, 

This is the formal NCSG statement for the record:

The NCSG rejects the 3b "temporary registration block" as defined in
the IOC/IFRC Drafting Team's recommendation for a number of reasons:

1. Policy recommendations from the GNSO on reserved names can only be
made by a PDP that is properly constituted and is run according to the
process rules as established in the ICANN by-laws.

2. This drafting team continues to circumvent proper process by
attempting to make policy as opposed to performing its proper function
of fact gathering and presenting information to the council that can be
used in deciding on the viability and charter for such a PDP.

The NCSG supports the PDP only on the condition that among the possible
outcomes is the current status quo, no protection at the second level.
We support the PDP as the only appropriate place to resolve this
proposal among competing proposals. We believe it is illegitimate to
change reserved name policy,,,,, no matter how it is euphemistically
named, before the PDP runs its course.

The NCSG is also aware of other types of humanitarian organization that
also demand these privileges and we feel that any discussion on granting
such special reservations must include a full discussion of all who
request such reservations.

Finally the NCSG does not believe that the reserved name list can be
used solely for the purpose of new gTLDs, and that any decisions on
adding names to the reserved list must take incumbent registries into
account. 

Thank you. 

Cheers 
Mary 



Mary W S Wong
Professor of Law
Director, Franklin Pierce Center for IP
Chair, Graduate IP Programs
UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAW
Two White Street
Concord, NH 03301
USA
Email: mary.wong@xxxxxxxxxxx
Phone: 1-603-513-5143
Webpage: http://www.law.unh.edu/marywong/index.php
Selected writings available on the Social Science Research Network
(SSRN) at: http://ssrn.com/author=437584  


>>> 


From:  
"Neuman, Jeff" <Jeff.Neuman@xxxxxxxxxx> 

To: 
"Gomes, Chuck" <cgomes@xxxxxxxxxxxx>, "Mary.Wong@xxxxxxxxxxx"
<Mary.Wong@xxxxxxxxxxx> 

CC: 
"'gnso-iocrc-dt@xxxxxxxxx'" <gnso-iocrc-dt@xxxxxxxxx> 

Date:  
9/27/2012 5:20 PM 

Subject:  
RE: [gnso-iocrc-dt] IOCR discussion group - MP3, attendance 26
September 2012 

All, 
As Berry and I are working on the public announcement, we now
understand the NCSG position that they are in favor of the PDP
(Recommendation 1), but do not agree with Recommendations 2 and 3 with
respect to any reservation or moratorium on the IOC/RCRC names.  That
will be reflected in the post.  I will classify it as consensus on
Recommendation 1, and strong support on Recommendations 2 and 3 with
opposition from the NCSG. 
I hope that will be acceptable to the group.    If the NCSG can get in
an official statement tonight that would be great, otherwise I will just
note the opposition in the introduction note for the public comment. 
Thanks for the lively discussion today. 
   

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

 

   

From: owner-gnso-iocrc-dt@xxxxxxxxx
[mailto:owner-gnso-iocrc-dt@xxxxxxxxx] On Behalf Of Gomes, Chuck
Sent: Thursday, September 27, 2012 4:11 PM
To: Mary.Wong@xxxxxxxxxxx
Cc: 'gnso-iocrc-dt@xxxxxxxxx'
Subject: RE: [gnso-iocrc-dt] IOCR discussion group - MP3, attendance 26
September 2012 

  
Thanks Mary. 
Chuck 
   

From: owner-gnso-iocrc-dt@xxxxxxxxx
[mailto:owner-gnso-iocrc-dt@xxxxxxxxx] On Behalf Of
Mary.Wong@xxxxxxxxxxx
Sent: Thursday, September 27, 2012 2:51 PM
Cc: 'gnso-iocrc-dt@xxxxxxxxx'
Subject: RE: [gnso-iocrc-dt] IOCR discussion group - MP3, attendance 26
September 2012 

  
Just to add, as the NCSG alternate and NCUC rep to this DT (and
incidentally chair of the NCSG Policy Committee) - there has been
vigorous discussion on the NCSG listserv for quite some time on this
matter. While there was disagreement and debate at some point about
specific points such as the appropriate scope of a PDP, the differences
between top and second level protections and the implications of
recommendations applying only to the second round of new gTLD
applications, most of the participants who commented on the issue either
opposed or did not favor temporary reservations. Most members who spoke
up also favored a PDP, with many supporting a broad PDP.  
   
The two sister constituencies both have representatives on the NCSG
Policy Committee, where the DT's proposals have been circulated. In
addition, NPOC was the constituency which voiced concerns (including
circulating a proposal at the Costa Rica meeting) that protection for
names of IGOs and other internationally-based organizations should also
be considered by the GNSO. This was raised and discussed during the GNSO
Council debates on the IGO issue.  
   
In sum, both NPOC and NCUC members have had time and opportunity to
discuss and debate the matter. The NCSG Policy Committee has also
separately been kept updated on the work of the DT. As such, I feel
confident in stating that there is consensus both within NCUC and the
broader NCSG for supporting a PDP that includes consideration of the IGO
question and similar protection for other international organizational
names (without any formal comment at this point as to how that PDP
should be structured) but not for any temporary reservations as proposed
in the current DT document.    
   
As Avri has said, the NCUC/NCSG participant who was able to be on the
last call has explained to the membership that he was attempting to
convey his personal views.  
   
Cheers  
Mary  



Mary W S Wong
Professor of Law
Director, Franklin Pierce Center for IP
Chair, Graduate IP Programs
UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAW
Two White Street
Concord, NH 03301
USA
Email: mary.wong@xxxxxxxxxxx
Phone: 1-603-513-5143
Webpage: http://www.law.unh.edu/marywong/index.php 
Selected writings available on the Social Science Research Network
(SSRN) at: http://ssrn.com/author=437584 


>>>  


From:  
"Gomes, Chuck" <cgomes@xxxxxxxxxxxx>  

To: 
Wendy Seltzer <wendy@xxxxxxxxxxx>  

CC: 
"Neuman, Jeff" <Jeff.Neuman@xxxxxxxxxx>, "'avri@xxxxxxx'"
<avri@xxxxxxx>, "'gnso-iocrc-dt@xxxxxxxxx'" <gnso-iocrc-dt@xxxxxxxxx>  

Date:  
9/27/2012 11:32 AM  

Subject:  
RE: [gnso-iocrc-dt] IOCR discussion group - MP3, attendance 26
September 2012  


Thanks for the quick reply Wendy.

Chuck

> -----Original Message-----
> From: Wendy Seltzer [mailto:wendy@xxxxxxxxxxx]
> Sent: Thursday, September 27, 2012 10:34 AM
> To: Gomes, Chuck
> Cc: Neuman, Jeff; 'avri@xxxxxxx'; 'gnso-iocrc-dt@xxxxxxxxx'
> Subject: Re: [gnso-iocrc-dt] IOCR discussion group - MP3, attendance
26
> September 2012
>
> On 09/27/2012 09:38 AM, Gomes, Chuck wrote:
> > Wendy,
> >
> > I assume you mean recommendation 2 and any references to it in 3.
>
> Thanks for the clarification, Chuck.  I read too quickly.
> We reject the temporary registration block in paragraph 2, and its
> communication as described in 3b.
>
> > Is that a unanimous position from the NCSG?  Did the NPOC take the
> same position?
>
> I have not heard opposition on the NCSG discussion list.
>
> --Wendy
>
> >
> > Chuck
> >
> >> -----Original Message-----
> >> From: owner-gnso-iocrc-dt@xxxxxxxxx [mailto:owner-gnso-iocrc-
> >> dt@xxxxxxxxx] On Behalf Of Wendy Seltzer
> >> Sent: Thursday, September 27, 2012 7:50 AM
> >> To: Neuman, Jeff
> >> Cc: 'avri@xxxxxxx'; 'gnso-iocrc-dt@xxxxxxxxx'
> >> Subject: Re: [gnso-iocrc-dt] IOCR discussion group - MP3,
attendance
> >> 26 September 2012
> >>
> >>
> >> Like Avri, I believe NCSG rejects the 3b "temporary registration
> >> block."
> >>
> >> We support the PDP only on the condition that among the possible
> >> outcomes is the current status quo, no protection at the second
> >> level, (but support the PDP as the appropriate place to resolve
> among
> >> competing proposals), so we would not change that before the
policy
> >> development runs its course.
> >>
> >> --Wendy
> >>
> >>
> >> On 09/27/2012 07:30 AM, Neuman, Jeff wrote:
> >>>
> >>> Avri,
> >>>
> >>> We are going to open up a public comment period on everything
that
> >> has been received by COB today (wherever you are in the
> world)...just
> >> so Berry and ICANN has it when they come into the office in the
> >> morning Friday,  that said, Wolfgang was on from the NCSG
yesterday,
> >> but did not express opposition to the moratorium.  I thought, and
we
> >> can check the recording, that he said the NCSG supported the
> >> recommendations.  I could be off base, and Berry was taking notes
so
> he can correct me.
> >>>
> >>> In either case, that opinion is not set in stone, but it is
> >>> important
> >> as it sounded like on the call the was indeed a consensus on all
of
> >> the recommendations (if just a rough consensus).  So, if you
could
> >> confirm the NCSG position that would be great.
> >>>
> >>> Thanks.
> >>>
> >>>
> >>>
> >>> Sent with Good (www.good.com)
> >>>
> >>>
> >>>  -----Original Message-----
> >>> From: Avri Doria [mailto:avri@xxxxxxx]
> >>> Sent:Thursday, September 27, 2012 02:31 AM Eastern Standard Time
> >>> To:gnso-iocrc-dt@xxxxxxxxx
> >>> Subject:Re: [gnso-iocrc-dt] IOCR discussion group - MP3,
> attendance
> >> 26 September 2012
> >>>
> >>> I unfortunately could not attend the meeting.
> >>>
> >>> I want to make it clear that I do not support a the moratorium,
but
> >> do
> >>> support the PDP I also believe that this is the position of the
> NCSG.
> >>>
> >>> I hope that this is what was conveyed by the lone NCSG
participant.
> >>>
> >>> What is the deadline for opposing statements?
> >>>
> >>>
> >>> Nathalie Peregrine <nathalie.peregrine@xxxxxxxxx> wrote:
> >>>
> >>>
> >>>
> >>> Dear all,
> >>>
> >>>
> >>>
> >>> Please find the MP3 recording of the GAC/GNSO issues
> >> related to International Olympic Committee (IOC) and Red Cross
(RC)
> >> names discussion group teleconference held on Wednesday 26
September
> >> 2012  at 1800 UTC at:
> >>>
> >>>
> >>>
> >>> http://audio.icann.org/gnso/gnso-gac-ioc-20120926-en.mp3
> >>>
> >>>
> >>>
> >>> On page: http://gnso.icann.org/calendar/#sep
> >>>
> >>>
> >>>
> >>> The recordings and transcriptions of the calls are posted on the
> >> GNSO Master Calendar page:
> >>>
> >>> http://gnso.icann.org/calendar/
> >> <http://gnso.icann.org/calendar/>
> >>>
> >>>
> >>>
> >>>
> >>>
> >>> Attendees
> >>>
> >>> Jeff Neuman -  Registry SG group leader
> >>>
> >>> Wolfgang Kleinwachter - NCUC
> >>>
> >>> Lanre Ajayi - Nominating Committee Appointee
> >>>
> >>> Alan Greenberg - ALAC
> >>>
> >>> Chuck Gomes - RySG
> >>>
> >>> Kiran Malancharuvil - IPC
> >>>
> >>> David Heasley - IPC
> >>>
> >>> Jim Bikoff - IPC
> >>>
> >>> St├ęphane Hankins - International Committee of the Red
> >> Cross
> >>>
> >>> Thomas Rickert - Nominating Committee Appointee
> >>>
> >>> Osvaldo Novao -ISPC
> >>>
> >>>
> >>>
> >>>
> >>>
> >>> Apology :
> >>>
> >>> Avri Doria -  NCSG
> >>>
> >>> J.Scott Evans - IPC
> >>>
> >>> Gregory Shatan - IPC
> >>>
> >>> Mary Wong - NCUC
> >>>
> >>> Brian Peck
> >>>
> >>>
> >>>
> >>> ICANN Staff
> >>>
> >>> Margie Milam
> >>>
> >>> Berry Cobb
> >>>
> >>> Nathalie Peregrine
> >>>
> >>>
> >>>
> >>>
> >>>
> >>> ** Please let me know if your name has been left off the
> >> list **
> >>>
> >>>
> >>>
> >>> The mailing list address is
> >>>
> >>> Gnso-iocrc-dt@xxxxxxxxx<mailto:Gnso-iocrc- (
mailto:Gnso-iocrc-dt@xxxxxxxxx%3cmailto:Gnso-iocrc- )
> >> dt@xxxxxxxxx
> >>> <mailto:Gnso-iocrc-dt@xxxxxxxxx%3cmailto:Gnso-iocrc-dt@xxxxxxxxx>
>
> >>> <mailto:Gnso-iocrc-dt@xxxxxxxxx <mailto:Gnso-iocrc-dt@xxxxxxxxx (
mailto:Gnso-iocrc-dt@xxxxxxxxx%20%3cmailto:Gnso-iocrc-dt@xxxxxxxxx )> >
> >>>
> >>>
> >>>
> >>> Public archives are at:http://forum.icann.org/lists/gnso-iocrc-
> >> dt/
> >>>
> >>>
> >>>
> >>> Thank you.
> >>>
> >>> Kind regards,
> >>>
> >>>
> >>>
> >>> Nathalie
> >>>
> >>> GNSO Secretariat
> >>>
> >>> gnso-secs@xxxxxxxxx <mailto:gnso-secs@xxxxxxxxx>
> >>>
> >>>
> >>>
> >>>
> >>>
> >>>
> >>>
> >>>
> >>>
> >>>
> >>>
> >>>
> >>> Avri Doria
> >>>
> >>
> >>
> >> --
> >> Wendy Seltzer -- wendy@xxxxxxxxxxx +1 617.863.0613 Fellow,
Berkman
> >> Center for Internet & Society at Harvard University Visiting
Fellow,
> >> Yale Law School Information Society Project
> http://wendy.seltzer.org/
> >> https://www.chillingeffects.org/ https://www.torproject.org/
> >> http://www.freedom-to-tinker.com/
> >
>
>
> --
> Wendy Seltzer -- wendy@xxxxxxxxxxx +1 617.863.0613 Fellow, Berkman
> Center for Internet & Society at Harvard University Visiting Fellow,
> Yale Law School Information Society Project
http://wendy.seltzer.org/
> https://www.chillingeffects.org/ https://www.torproject.org/
> http://www.freedom-to-tinker.com/ 

  


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