RE: [gtld-council] modifications to new gTLD recommendations #3 and 6

[Mawaki Chango <ki_chango@xxxxxxxxx>]

>>> I do not understand how adding text about the selection
process is appropriate since at this point in the application
cycle nothing has been selected, it's only been applied for.

As I understand it, it really is simple: the phrase about
process does not imply that that decision is already taken. It
means to say that ICANN shall not eliminate an application on
the basis that the string doesn't fit (unless for *technical*
reasons, e.g. for the security, and the technical/operational
stability of the DNS,) or it's controversial though not illegal
(based on existing relevant laws as we discussed.) This concern
is meant to be taken into account during the whole evaluation
process (starting from application), or the application cycle as
you call it, certainly not after final decision is taken by
ICANN regarding the application.

Mawaki


--- "Craig.Schwartz" <Craig.Schwartz@xxxxxxxxx> wrote:

> Maybe I'm missing something, but as I attempted to clarify in
> yesterday's
> meeting regarding recommendation 3, I do not understand how
> adding text
> about the selection process is appropriate since at this point
> in the
> application cycle nothing has been selected, it's only been
> applied for. Are
> you suggesting an objection can be raised based upon how the
> applicant
> selected the string it applied for? I don't think this is the
> case, but
> would like to be clear. 
> 
> Moreover, in an objections-based model, a complainant
> (objector) would file
> an objection against the applicant and would presumably have
> basis/grounds
> to do so to potentially prevail in the dispute resolution of
> the objection.
> If the selection process is added, how would the
> objections-based model
> work?
> 
> As I said, perhaps I'm missing something. And, clarification
> on this is much
> appreciated.
> 
> Craig
> 
> ___________________
> Craig Schwartz
> Chief gTLD Registry Liaison
> ICANN
> 4676 Admiralty Way, Suite 330
> Marina del Rey, CA 90292
> 
> Direct +1 310 301 5832
> Mobile +1 310 447 4913
> www.icann.org   
> 
> -----Original Message-----
> From: owner-gtld-council@xxxxxxxxxxxxxx
> [mailto:owner-gtld-council@xxxxxxxxxxxxxx] On Behalf Of Gomes,
> Chuck
> Sent: Friday, June 29, 2007 6:59 AM
> To: robin@xxxxxxxxxxxxx; gtld-council@xxxxxxxxxxxxxx
> Subject: RE: [gtld-council] modifications to new gTLD
> recommendations #3 and
> 6
> 
> Regarding Recommendation 3, it seems to me that there are two
> key
> elements: 1) strings that may infringe existing legal rights
> and 2) the
> selection process that may infringe existing legal rights.  If
> I am
> correct, then we need to include both in this recommendation
> and I think
> we started working in that direction yesterday.
> 
> 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." 
>  
> 
> > -----Original Message-----
> > From: owner-gtld-council@xxxxxxxxxxxxxx 
> > [mailto:owner-gtld-council@xxxxxxxxxxxxxx] On Behalf Of
> Robin Gross
> > Sent: Thursday, June 28, 2007 2:14 PM
> > To: gtld-council@xxxxxxxxxxxxxx
> > Subject: [gtld-council] modifications to new gTLD 
> > recommendations #3 and 6
> > 
> > NCUC proposes the following modifications to new gTLD 
> > recommendations #3 and 6:
> > 
> > Rec. 3:
> > 
> > The process for selecting strings must not infringe existing
> 
> > legal rights that are enforceable under internationally 
> > recognized principles of law or the applicant's national
> law.
> > 
> > Examples of these legal rights that are internationally 
> > recognized include, but are not limited to, rights defined
> in 
> > the Paris Convention for the Protection of Industrial 
> > Property (in particular trademark rights), the Universal 
> > Declaration of Human Rights and the International Covenant
> on 
> > Civil and Political Rights (in particular freedom of 
> > expression rights).
> > 
> > 
> > Rec 6:
> > 
> > Strings must not be contrary to legal norms that are 
> > enforceable under generally accepted and internationally 
> > recognized principles of law.  
> > Taking into account the aforementioned limitations, no 
> > application shall be rejected solely because the applicant
> or 
> > string is associated with an unpopular or controversial
> point of view.
> > 
> 
>