RE: [gnso-rn-wg] Report for Other Names at the 2nd Level

["Shatan, Gregory S." <GShatan@xxxxxxxxxxxxx>]

I'm not sure "concern" is the right word.  If it never gets allocated,
it's reserved for all practical purposes, and should be within the
purview of our WG.  If it's not de facto reserved, it should be
allocated or made available for registration within a reasonable period
of time.  I, for one, am not comfortable saying these are not reserved
names, if they function like reserved names.  Conversely, I am more
comfortable saying these are different from reserved names, if they act
different from reserved names in the most critical way (i.e., they are
allocated).  Otherwise, we essentially end up with a class of reserved
names that avoid the technical coordination and oversight of ICANN. 
 
In short, if they function as reserved names, I think they quack like
ducks ("If it walks like a duck and quacks like a duck, it's a
duck....")
 

  _____  

From: owner-gnso-rn-wg@xxxxxxxxx [mailto:owner-gnso-rn-wg@xxxxxxxxx] On
Behalf Of Gomes, Chuck
Sent: Tuesday, March 13, 2007 1:34 PM
To: Shatan, Gregory S.; GNSO RN WG
Subject: RE: [gnso-rn-wg] Report for Other Names at the 2nd Level


I apologize for being very dense on this issue, but I am still struggly
what the concern is about plans for allocation or lack of such plans.
What are you concerned about if the names are never allocated?  ICANN is
not a regulator but rather a technical coordinator.  If I could
understand what the underlying fears are, it might help me understand.
 
Chuck Gomes
 
"This message is intended for the use of the individual or entity to
which it is addressed, and may contain information that is privileged,
confidential and exempt from disclosure under applicable law. Any
unauthorized use, distribution, or disclosure is strictly prohibited. If
you have received this message in error, please notify sender
immediately and destroy/delete the original transmission." 
 


  _____  

        From: Shatan, Gregory S. [mailto:GShatan@xxxxxxxxxxxxx] 
        Sent: Tuesday, March 13, 2007 12:28 PM
        To: Gomes, Chuck; GNSO RN WG
        Subject: RE: [gnso-rn-wg] Report for Other Names at the 2nd
Level
        
        
        As discussed on yesterday's call, please consider the following
friendly amendment to the this report, as follows, to be placed at the
beginning of section C.1:
         
        These names differ from ICANN reserved names in that the names
are actually intended to be allocated by the Registries. Therefore, the
names arguably fall outside the remit of this particular Working Group.
However, allocation plans for these Registries are, in many cases,
uncertain and have no timing requirements. At least one registry
(.travel) has indicated it has no current plans to allocate these names.
Thus, it is quite possible that these names could remain unallocated for
extremely long periods of time, and become de facto reserved names.  In
order to avoid this result, registries should be encouraged to have
clear allocation plans with regard to these names, including plans with
regard to timing, with a goal to allocating these names within a
reasonable period of time.  It may also be preferable if these names
were set forth in an Appendix and considered during the approval process
for the for the TLD.  

         

        Greg Shatan

         

        

        Gregory S. Shatan 
        Partner 
        ReedSmithLLP 
        599 Lexington Avenue 
        New York, NY 10022 
        212.549.0275 (Phone) 
        917.816.6428 (Mobile) 
        212.521.5450 (Fax) 
        gshatan@xxxxxxxxxxxxx 
        www.reedsmith.com 

                This e-mail is confidential and may well be legally
privileged.  If you have received it in error, you are on notice of its
status.  Please notify us immediately by reply e-mail and then delete
this message from your system.  Please do not copy it or use it for any
purposes, or disclose its contents to any other person.  To do so could
violate state and Federal privacy laws.  Thank you for your cooperation.

         


  _____  

        From: owner-gnso-rn-wg@xxxxxxxxx
[mailto:owner-gnso-rn-wg@xxxxxxxxx] On Behalf Of Gomes, Chuck
        Sent: Monday, March 12, 2007 11:08 AM
        To: GNSO RN WG
        Subject: [gnso-rn-wg] Report for Other Names at the 2nd Level
        
        
        Assuming that no later version of this report is sent to the
list before our meeting today, we will use this version to discuss
recommendations today.  Note that it appears that the full subgroup may
not have reached consensus on the recommendations but they will have
opportunity to participate in the discussion in our WG meeting.  Also,
note that the highlighted comments under the recommendations for each of
the three subcategories are my comments for discussion in our call
today.
         
        Chuck Gomes
         
        "This message is intended for the use of the individual or
entity to which it is addressed, and may contain information that is
privileged, confidential and exempt from disclosure under applicable
law. Any unauthorized use, distribution, or disclosure is strictly
prohibited. If you have received this message in error, please notify
sender immediately and destroy/delete the original transmission."