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Re: [gnso-pro-wg] Current Draft of Report

  • To: "Nevett, Jonathon" <jnevett@xxxxxxxxxxxxxxxxxxxx>
  • Subject: Re: [gnso-pro-wg] Current Draft of Report
  • From: Liz Williams <liz.williams@xxxxxxxxx>
  • Date: Mon, 21 May 2007 10:52:56 +0200

Thanks Jon

It is my intention to take the report in its current form and complete it.

I will distribute a completed version ASAP but that should be, realistically, mid week.

Kind regards and thanks for everyone's input.

Liz
.....................................................

Liz Williams
Senior Policy Counselor
ICANN - Brussels
+32 2 234 7874 tel
+32 2 234 7848 fax
+32 497 07 4243 mob




On 21 May 2007, at 03:55, Nevett, Jonathon wrote:

Liz: My comments to the draft report can be found below in red. Thanks. Jon 4.2 Areas of Support
Definitions:


Support – there is some gathering of positive opinion, but competing positions may exist and broad agreement has not been reached

Alternative view – a differing opinion that has been expressed, without getting enough following within the WG to merit the notion of either Support or Agreement.



4.2.1

Support for the principle that all new gTLDs MUST provide an RPM.

Alternative view that all new gTLDs MAY provide an RPM. [JN: I’m not sure if we voted on this or not, but I support the alternative view and question the characterization of “support” of the use of the word “must” in 4.2.1]



4.2.2

Support for the principle that each gTLD applicant MUST describe in its application (a) the RPM(s) it intends to provide and; and (b) how that RPM/those RPMs will protect the rights of others.

Alternative view that each gTLD applicant MUST describe in its application (a) the RPM(s) it intends to provide and; and (b) how that RPM/those RPMs will protect the rights of others and discourage abusive registrations.

Alternative view that each gTLD applicant MUST describe in its application the methods, if any, they will employ to protect the rights of others.



[JN: I support the last view as edited and question the characterization of support for this principle.]



4.2.3

Support for the principle that if a new gTLD elects to adopt and implement an RPM that consists of eligibility or membership verification requirements and second-level name selection criteria (such as those used by the .museum, .aero, and .travel TLDs), an additional RPM MAY NOT be necessary.

Alternative view that if a new gTLD elects to adopt a description that includes eligibility or membership verification requirements and second-level name selection criteria (such as those used by the .museum, .aero, and .travel) TLDs or another similar set of criteria, a RPM SHALL NOT be necessary.



4.2.4

Support for the principle that if a new gTLD elects to use a Sunrise Process as its RPM and second-level names are not awarded on a First-Come, First-Served basis, then competing applicants MAY be provided with an opportunity to reach an allocation decision between/among themselves.



4.2.5

Support for the principle that to the extent a gTLD is intended for/ targeted to a particular geographic region, the Legal Right on which the owner or claimant bases its participation in the RPM SHOULD originate from the laws that apply to a country in the region or, in the case of a gTLD intended for/targeted to a region within a country, the laws that apply to the region.



4.2.6

Support for the creation of “Approved Model RPMs” (to be developed later) that SHOULD be available at the registry’s sole discretion to select, which standardizes the RPM across a registry/registrar to minimize the costs of implementation, and eliminates the need for ICANN to scrutinize this aspect of an application during the new TLD process. A registry applicant that fails to pick an “Approved Model RPM” MUST not be prejudiced in any way if it elects not to use a “Approved Model PRM” as this is purely a voluntary standard that is meant to make the launch of new TLDs more efficient. The list of Approved Model RPMs MAY be updated from time to time.

Alternative view that “Approved Model RPMs” (to be developed later) SHOULD be utilized by the new registry, unless there are reasonable grounds for non-use in the particular registry. Such use of a standardized, RPMs MAY minimize the costs of implementation for all interested parties, and would lessen the need for ICANN to scrutinize this aspect of an application during the new TLD process. The list of Approved Model RPMs could be updated from time to time.

Alternative view that the Supported principle is acceptable subject to the substitution of “and may eliminate the need for ICANN to scrutinize this aspect of an application during the new TLD process” for “and eliminates the need for ICANN to scrutinize this aspect of an application during the new TLD process.”



[JN:  I support the last alternative view]



I am not commenting on 4.3 Outstanding Work -- as that section doesn’t discuss current levels of support. Similarly, I suggest changing the numbering of 4.4 and 4.5 to 4.31 and 4.3.2, respectively because both of these sections are really subsections of Outstanding Work. Section 4 should be limited to Areas of Agreement, Areas of Support, and Outstanding Work.



Finally, I support Tim’s principles.


Thanks.



Jon





From: Mike Rodenbaugh [mailto:mxr@xxxxxxxxxxxxx]
Sent: Thursday, May 17, 2007 6:01 PM
To: Rosette, Kristina; Nevett, Jonathon; gnso-pro-wg@xxxxxxxxx
Subject: RE: [gnso-pro-wg] Current Draft of Report



I suggest first round of comments back from everyone by COB Monday. Then hopefully Liz can takeover and finish up with one or two more rounds of review and comment next week.





Mike Rodenbaugh
Sr. Legal Director
Yahoo! Inc.


NOTICE: This communication is confidential and may be protected by attorney-client and/or work product privilege. If you are not the intended recipient, please notify me by reply, and delete this communication and any attachments.






From: owner-gnso-pro-wg@xxxxxxxxx [mailto:owner-gnso-pro- wg@xxxxxxxxx] On Behalf Of Rosette, Kristina
Sent: Thursday, May 17, 2007 2:44 PM
To: Nevett, Jonathon; gnso-pro-wg@xxxxxxxxx
Subject: RE: [gnso-pro-wg] Current Draft of Report


No idea as to deadline. As I will be out for the next few days, I suggest you go with whatever Mike and Liz would prefer as to process.



From: Nevett, Jonathon [mailto:jnevett@xxxxxxxxxxxxxxxxxxxx]
Sent: Thursday, May 17, 2007 5:41 PM
To: Rosette, Kristina; gnso-pro-wg@xxxxxxxxx
Subject: RE: [gnso-pro-wg] Current Draft of Report

Kristina: Thanks for pulling all of this together. What’s the process/deadline for comments to this draft? Jon



From: owner-gnso-pro-wg@xxxxxxxxx [mailto:owner-gnso-pro- wg@xxxxxxxxx] On Behalf Of Rosette, Kristina
Sent: Thursday, May 17, 2007 5:31 PM
To: gnso-pro-wg@xxxxxxxxx
Subject: [gnso-pro-wg] Current Draft of Report




All,

Attached is the current draft of the report. Here's what changed since last night's version.

Added Kelly's Introduction.

Added definitions. I used the definitions I suggested this morning minus my subsequent revision to RPM. I indicated that there has not been discussion of the Rights of Others section.

Created a fee-specific section in Outcomes. All fee-related principles and proposals are here. Intro makes clear there are no levels of support.

Created a new RPM section in Outcomes. All new RPM proposals (Peter's, Mike's, and mine) are here. Intro makes clear that there's been no decision and there's outstanding work.

Classified all other proposals as Agreement, Support, Alternative View. I used the following methodology. I started with the chart I circulated last night and re-characterized the levels of support based on the postings today. If only one person objected to a proposal, I characterized the support as Agreement. If only one person objected to a proposal and provided their own suggestion, I characterized support for the original proposal as Agreement and identified the objector's suggestion as Alternative View. I characterized the level of support as Agreement ONLY if there was unanimity OR there was only one objection. Please check these carefully. Any mischaracterizations ARE NOT intentional. (Avri, I integrated your comments in #16 in way that I think you would find agreeable. Please check 4.2.5)) Finally, I listed in Outstanding work everything that had not been substantively discussed and/or had not resulted in level of support.

-*-

The report needs formatting clean-up as the spacing and may not be consistent. I also did not change New RPM Proposals to reflect agreed-upon terms. I'm sure there's something that I did or did not do that is not mentioned here. Any and all omissions are unintentional.

K

<<05172007 GNSO PRO WG draft report - SCRUBBED on 05-17-07 17_29.DOC>>







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