[gtld-council] Recommendation 20: updated text (minor revision)

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

I think the rec20 sub-group has done great work and support the new 
formulation. I just have
a issue with the structure. The good point re material harm has been inserted 
under
"process". This is the wrong place. It should be captured with our own 
guidelines for
"substantial" (meaning in its pure sense "having substance, existing, material" 
- not only
measured by volume). So see proposed edit below with a cut from process and a 
new point (h).

PS I've substituted detriment rather than "material harm" which is a better 
word in this
context.  (And I believe this picks up Mawaki's point too). 
I hope the committee can adopt this friendly amendment.
Philip
 

  _____  

Recommendation 20


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 targeted.
 
The remainder of the discussion focussed on the following items but is not yet 
complete.
 
Process

§  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 . 
  
 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 ) 
.
 
 
Guidelines

The task of the panel is the determination of substantial opposition.
 
a) substantial
In determining substantial the panel will assess the following:
§  significant portion
§  community
§  explicit or implicit targeting
§  established institution
§  formal existence. 
§  detriment
 
b) significant portion:  
In determining significant portion the panel will assess the balance between:
§  the level of objection submitted by one or more established institutions and 
§  the level of support provided in the application from one or more established
institutions.
 
The panel will assess :
§  significance proportionate to the explicit or implicit targeting. 
 
c) community
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 impacted.
 
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.
 
h) detriment
Evidence of detriment to the community or to users more widely must be provided.

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