Re: [gtld-council] PDP Dec 05: Follow-up to 23 June

[Norbert Klein <nhklein@xxxxxxx>]

Liz Williams wrote:

Thanks a lot for the huge amount of work which went into yesterday's 
session preparation, and for the quick follow-up.
> In follow-up discussions with other members of the implementation 
> team, we thought it would be very beneficial if we could, during 
> Thursday's meeting, stabilise the language in Recommendation 20.
> From my notes as we were speaking, this is where I thought we got to.
>
> "An application will [may?] be rejected if it is determined that there 
> is substantial opposition to it from among established institutions of 
> the economic sector, or cultural or language community [delete:  to 
> which it is targeted or which it is intended to support]."
The trick is, of course, that the "will" and the "may" have quite a lot 
of implications, for which I do not think we have already the solutions:
"will" - it will automatically happen (but somebody/some procedure will 
have decided it already. If the opposition was "substantial" enough to 
warrant such an automatic cut-off, or if it came from a sufficiently 
relevant source, is, of course, a different question.
"may" - the process may be cut off - but first somebody/some procedures 
will have to decide - and the applicant will have to wait for this.
> It would be very helpful, so that we can conduct ongoing 
> implementation plans, if this language could be agreed during Thursday 
> afternoon's meeting.
> Further thoughts about the criteria for measuring "substantial" and 
> "established" would also be helpful
I think this will be, at the end, a "political" decision, where a 
designated group of people will have to decide and bear the consequences.
Recently the King of Thailand addresses a group of high court judges, 
before they had to decide whether or not to dissolve the two biggest 
political parties (the majority party was finally dissolved for voter 
fraud). I have never read any similarly emotional speech by the Thai 
King, where he appealed to the judges to be courageous to decide what 
has to be decided, though "whatever you decide, you will be criticized 
from both sides to have made the wrong decision."
Maybe the decision to accept or not to accept a new domain will - 
sometimes at least - have to be done facing a similar dilemma.

Norbert Klein
NCUC/GNSO Council member

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