[gtld-council] Recommendation 20

["Philip Sheppard" <philip.sheppard@xxxxxx>]

Chuck,
I believe I agree with all of your points.
What you seem to be saying is that you are concerned that the current wording 
of rec.20 is
UNCLEAR.
But I do not see you really opposing the group's objectives I set out in the 
annotated
version of current rec.20
Is that correct ?
 
If so our task is easy: write a clearer text. (We don't need to do this is one 
gangling
sentence as we are writing a recommendation not law !)
How about this:
 
rec20 - revised
"An application will be rejected if it is determined that there is substantial 
opposition to
it from a significant established institution representing a sector or 
community for which
the string may either be explicitly or implicitly targeted.
 
Opposition must be objection based: application staff will monitor public 
comments and where
appropriate explain the objection procedure to an objector with standing.
 
The sector or community should be interpreted broadly and will include for 
example an
economic sector, a cultural community, or a linguistic community.
 
Explicit targeting means there is a description of the intended use of the TLD 
in the
application.
Implicit targeting means that the objecting institution makes an assumption of 
targeting or
that there may be confusion by users over its intended use".
-------------------------------------------
To which we add these (revised) staff notes:
Substantial Opposition: A procedure including required documentation will be 
prepared by
ICANN. This documentation will include elements such as a detailed description 
of the sector
or community affected and the nature of the harm it would cause that sector or 
community to
have the TLD granted to the applicant. 
 
Established institution: While the normal criteria should be for an institution 
that has
been in formal existence for at least 10 years, in exceptional cases, standing 
may be
granted to an institution that has been in existence for fewer then 10 years. 
Exceptional
circumstance may relate to reasons such as: organization was reorganized or 
merged with
another organization, community is younger the 10 years.


Formal existence: This is defined by an appropriate form of public registration 
or clear
public historical evidence. Third party validation by a government, 
Intergovernmental
organization or well known established institution (e.g. International Red 
Cross, a Bar
Association, a Medical Certification Body) may also be used.
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None of the new wording changes the main group's objectives but I hope may 
capture the
potential ambiguities. Does it ?
 
Philip