[gnso-rn-wg] Supplementary Statement to ICANN/IANA RN Report

["Michael D. Palage" <Michael@xxxxxxxxxx>]

Tim,

Here is my supplementary statement to the ICANN/IANA RN Report. In the
interest of brevity, I have kept it to two short paragraphs which is not
easy for us American lawyers. 

I understand that the passion upon which I have articulate these points
may make your job more difficult, as a long time friend and colleague I
apologize. However, the actions of this group in connection with these
recommendations have serious consequences in connection with other
actions that ICANN takes and starts the organization down a slipper
slope that it should not have been standing next to in the first place,
and for that I will not apologize.

Best regards,

Michael


In accordance with Article I, Section 2 subparagraph 8 of the ICANN
bylaws it states that in performing its mission, the following core
values should guide the decisions and actions of ICANN "[m]aking
decisions by applying documented policies neutrally and objectively,
with integrity and fairness." Unlike other reservations that are based
upon long standing and well established principles, ICANN/IANA staff has
sought to continue reservation of a compilation of strings in which they
have been unable to provide any documentation regarding the legal
authority for such reservation. For ICANN/IANA to continue to reserve
these names while similarly situated parties, in this case sovereign
national governments (country names), IGOs and nationally recognized
trademark holders, are not provided equal protection appear to be a
clear violation of the bylaw provision cited above. More detailed
discussion regarding the legal concerns regarding these reservation have
been documented on the working groups mailing list, see
http://forum.icann.org/lists/gnso-rn-wg/msg00169.html.

In order for this or any other working group to make a determination
based upon documented fact, the following inquiries should be explored:
- ICANN should make available to the group all written and historical
references to the original basis of these reservations;
- ICANN should contact all organizations that have had their name
reserved, and ask for documentation in connection with any actual
confusion or security/stability concerns that have arisen in connection
with the use of these strings in legacy gTLD (.com, .net and .org);
- ICANN should ask these organizations if they would prefer to have
ICANN continue to reserve these names in existing and future TLDs, and
the basis of this reservation request; and
- ICANN should undertake an analysis to determine any third parties that
may have rights in the reserved strings (i.e. nationally registered
trademarks, etc) and how this reservation potentially negatively impacts
those rights.