[gtld-council] Recommendation 20: updated text
- To: gtld-council@xxxxxxxxxxxxxx
- Subject: [gtld-council] Recommendation 20: updated text
- From: Liz Williams <liz.williams@xxxxxxxxx>
- Date: Wed, 18 Jul 2007 19:17:58 +0200
Good evening everyone
A small group met this evening to further refine the language for
Recommendation 20. The following text is an amalgamation of work
from Philip, Chuck, Mawaki and others on the call. The small group
supported the following formulation and have included suggestions
from Becky Burr about the burden of proof upon an objector. This can
be discussed in tomorrow afternoon's call.
An application will be rejected if an expert panel determines that
there is substantial opposition to it from a significant portion of
the community to which the string may be explicitly or implicitly
The remainder of the discussion focussed on the following items but
is not yet complete.
§ Opposition must be objection based.
§ Determination will be made by a dispute resolution panel
constituted for the purpose (perhaps like the RSTEP pool of panelists
from which a small panel would be constituted for each objection)
§ The objector must provide verifiable evidence that it is an
established institution of the community and that the legitimate
rights or interests of the group would be materially harmed by the
introduction of the TLDs
Implementation Guideline --
A small information paper is coming out from the Implementation Team
on the place of public comments in the application evaluation process
but there may be an automatic response to public comments that will
alert public commenters to the objection process.
The task of the panel is the determination of substantial opposition.
In determining substantial the panel will assess the following:
§ significant portion
§ explicit or implicit targeting
§ established institution
§ formal existence.
b) significant portion:
In determining significant portion the panel will assess the balance
§ the level of objection submitted by one or more established
§ the level of support provided in the application from one or more
The panel will assess :
§ significance proportionate to the explicit or implicit targeting.
Community should be interpreted broadly and will include for example
an economic sector, a cultural community, or a linguistic community.
It may also be a closely related community which believes it is
d) explicitly targeted
Explicitly targeted means there is a description of the intended use
of the TLD in the application.
e) implicitly targeted
Implicit targeting means that the objector makes an assumption of
targeting or that the objector believes there may be confusion by
users over its intended use.
f) established institution
An institution that has been in formal existence for at least 5
years. In exceptional cases, standing may be granted to an
institution that has been in existence for fewer then 5 years.
Exceptional circumstance include but are not limited to re-
organisation, merger, or an inherently younger community.
The following ICANN organizations are established institutions: GAC,
ALAC, GNSO, ccNSO, ASO (but this element requires further discussion)
g) formal existence
Formal existence may be demonstrated by:
§ appropriate public registration,
§ public historical evidence,
§ validation by a government, intergovernmental organization,
international treaty organisation or similar.
Senior Policy Counselor
ICANN - Brussels
+32 2 234 7874 tel
+32 2 234 7848 fax
+32 497 07 4243 mob