RE: [gnso-rn-wg] Current Report: Controversial Names

[Tim Ruiz <tim@xxxxxxxxxxx>]

Thanks Chuck. I was aware of that. My comments regarding the seven FCC
banned words pertain only to the top level. I would like to think that
the DOC would not apply a unilateral veto to what is added to root, but
the reality is that they certainly can and would in regards to those
words.

In general, my desire is to establish objective and predictable criteria
for applicants and for ICANN to apply as the GAC suggests in principle
2.11. But I don't think we or ICANN can or should try to pre-determine
criteria based on GAC principles 2.1 and 2.6. There may be some strings
that clearly cross those lines and that ICANN reviewers could easily
determine need to be denied or go into a hold status for further
review. But for the most part, I don't think ICANN should make that
determination and should instead rely on others to comment, advise,
contest, or protest.

So I see the requirement that strings not be contrary to public policy
principles as a warning, not something that needs to be or even could
be fleshed out into a fully objective and predictable set of criteria.
Applicants should beware of this requirement, do their due dilligence,
and be prepared to deal with possible protests. To the extent that
*some* obvious objective criteria in this regard can be established
(such as the seven words banned by the FCC), that's good. But it can
never be complete.

Finally, there needs to then be a process by which strings, challenged
on the basis that they are contrary to public policy principles, can be
temporarily set aside (but kept in queue) while the challenge is being
investigated. Avri, made the point on the call that this process is
already described in the final report. That's what the sub-group needs
to review, see if it addresses concerns Marilyn and I have, and see if
we can reach a consensus recommendation.



Tim Ruiz
Vice President
Corp. Development & Policy
The Go Daddy Group, Inc.
tim@xxxxxxxxxxx

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 -------- Original Message --------
Subject: RE: [gnso-rn-wg] Current Report: Controversial Names
From: "Gomes, Chuck" <cgomes@xxxxxxxxxxxx>
Date: Thu, March 08, 2007 12:25 am
To: "Tim Ruiz" <tim@xxxxxxxxxxx>, <gnso-rn-wg@xxxxxxxxx>
Cc: "GNSO.SECRETARIAT@xxxxxxxxxxxxxx" <gnso.secretariat@xxxxxxxxxxxxxx>

 Tim - regarding your comments, I assume you are aware that NSI (now
VeriSign) removed the restriction on the FCC's seven words because they
were incompatible in an international environment.   

Chuck Gomes   

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From: owner-gnso-rn-wg@xxxxxxxxx [mailto:owner-gnso-rn-wg@xxxxxxxxx] On
Behalf Of Tim Ruiz
Sent: Wednesday, March 07, 2007 10:25 AM
To: gnso-rn-wg@xxxxxxxxx
Cc: GNSO.SECRETARIAT@xxxxxxxxxxxxxx
Subject: [gnso-rn-wg] Current Report: Controversial Names

  Current version of Controversial Names report is attached for today's
discussion.   1. Restructered a bit. 2. Added additional background. 3.
Added Discussion for sub-group member comments. 4. Put the straw
recommendations in the table.   NOTE: Some of these changes my
sub-group colleagues have not had an opportunity to fully review or
contribute to.  

Tim Ruiz
Vice President
Corp. Development & Policy
The Go Daddy Group, Inc.
tim@xxxxxxxxxxx

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