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

  • To: Wendy Seltzer <wendy@xxxxxxxxxxx>, "Mary.Wong@xxxxxxxxxxx" <Mary.Wong@xxxxxxxxxxx>, "'gnso-iocrc-dt@xxxxxxxxx'" <gnso-iocrc-dt@xxxxxxxxx>
  • Subject: RE: [gnso-iocrc-dt] IOCR discussion group - MP3, attendance 26 September 2012
  • From: "Gomes, Chuck" <cgomes@xxxxxxxxxxxx>
  • Date: Fri, 28 Sep 2012 17:43:38 +0000

My compliments on a very well worded and clear statement that is certainly 
consistent with the contributions by NCSG participants over the past several 
months.

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 9:01 PM
> To: Mary.Wong@xxxxxxxxxxx; 'gnso-iocrc-dt@xxxxxxxxx'
> Subject: Re: [gnso-iocrc-dt] IOCR discussion group - MP3, attendance 26
> September 2012
> 
> 
> Please correct this as below, to substitute reference to
> "recommendation 2" for the reference to "3b" (as noted earlier in this
> thread):
> 
> On 09/27/2012 07:03 PM, Mary.Wong@xxxxxxxxxxx wrote:
> >
> > Hello everyone,
> >
> > This is the formal NCSG statement for the record:
> >
> > The NCSG rejects the "temporary reservation" as described in
> recommendation 2 of the
> > the IOC/IFRC Drafting Team's recommendation for a number of reasons:
> 
> Thanks,
> --Wendy
> 
> >
> > 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/
> >
> >
> >
> 
> 
> --
> 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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