RE: [npoc-voice] Consultation to all NPOC members regarding IFRC´s request on "¨Protection of Red Cross/Red Crescent Designations in the Domain Name System"

[Eduardo Monge <eduardo.monge@xxxxxxxxx>]

Dear  Jean-Louis,

Thanks for your input and your point is noted.   

I certainly hope other NPOC colleagues will  respond to your request to protect 
multinational non-profit organizations in the gTLD system.

I think this view point was discussed  by NPOC earlier this year during the 
March 2012 ICANN 43 meeting in San Jose, Costa Rica, although concentrating 
more on the use the criteria of International Legal Personality (ILP).   Check 
out for example the messages thread  initiated by Alain Berranger on his 
message to NPOC-voice dated March 11, 2012 and entitled "NPOC Proposal for 
IOC-RC protection" at  http://forum.icann.org/lists/npoc-voice/msg00124.html 

On this issue, I had written to other NPOC-EC members on June 08 
(http://forum.icann.org/lists/npoc/msg00048.html) about how I could not find 
any mention of NPOC's recommendation to use the criteria of International Legal 
Personality (ILP), made publicly in front of GNSO Council in San José, on the 
document entitled "Preliminary GNSO Issue Report on  the Protection of 
International Organization Names in New gTLDs"  (prepared by  Authors: Margie 
Milam and Brian Peck), and available at this announcement link:  
http://www.icann.org/en/news/announcements/announcement-5-04jun12-en.htm .  
Although  the concept of  INGO having a  "independent international legal 
personality" is mentioned a couple of times, on pages 12 and 32,  it was not 
directly credited to NPOC.

I read your message on my screen by the way.  Good reminder!

Regards,

Eduardo Monge
Project Development and
International Relations Officer
Omar Dengo Foundation
San Jose, Costa Rica


-----Mensaje original-----
De: Jean-Louis Ecochard [mailto:jecochard@xxxxxxx] 
Enviado el: miércoles, 04 de julio de 2012 11:56
Para: Eduardo Monge; npoc-voice@xxxxxxxxx
CC: Hughes, Debra Y.; shankins@xxxxxxxx; Edward HAPP
Asunto: Re: [npoc-voice] Consultation to all NPOC members regarding IFRC´s 
request on "¨Protection of Red Cross/Red Crescent Designations in the Domain 
Name System"

Estimado Eduardo,

The Nature Conservancy supports IFRC's request and respectfully requests that, 
although this request is specific to IFRC, IFRC also encourages ICANN to  
create a mechanism for the protection of multinational non-profit organizations 
in the top domain name system.

Kind regards,
Jean-Louis

be green - read on the screen
--
Jean-Louis Écochard
Vice President and Chief Information Officer

The Nature Conservancy
New Zealand Office
126D Apotu Road, RD1
Kamo 0185
New Zealand

jecochard@xxxxxxx
+1.703.212.3999 (New Zealand Office US dial)
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+1.703.841.5342 (Arlington World Office Phone)
+1.703.273.0713 (Arlington World Office Fax)
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The Nature Conservancy  www.nature.org
NetHope www.nethope.org
Conservation Commons www.conservationcommons.org


"An individual without information can't take responsibility. An individual 
with information can't help but take responsibility."
  - Jan Carlzon, former President and CEO of the Scandinavian Airlines Group

[cid:D488E035-E36E-464F-B3A4-6EA8543B638E]



From: Eduardo Monge <eduardo.monge@xxxxxxxxx<mailto:eduardo.monge@xxxxxxxxx>>
Date: Wednesday, July 4, 2012 2:38 AM
To: "npoc-voice@xxxxxxxxx<mailto:npoc-voice@xxxxxxxxx>" 
<npoc-voice@xxxxxxxxx<mailto:npoc-voice@xxxxxxxxx>>
Cc: "Hughes, Debra Y." 
<Debra.Hughes@xxxxxxxxxxxx<mailto:Debra.Hughes@xxxxxxxxxxxx>>, 
"shankins@xxxxxxxx<mailto:shankins@xxxxxxxx>" 
<shankins@xxxxxxxx<mailto:shankins@xxxxxxxx>>
Subject: [npoc-voice] Consultation to all NPOC members regarding IFRC´s request 
on "¨Protection of Red Cross/Red Crescent Designations in the Domain Name 
System"

Dear NPOC Colleagues,

The International Federation of the Red Cross and Red Crescent Societies 
(IFRC), a NPOC member,  has requested NPOC´s Executive Committee (NPOC-EC) to 
submit the following  constituency-wide consultation to all NPOC members 
regarding IFRC´s request on "¨Protection of Red Cross/Red Crescent Designations 
in the Domain Name System."    IFRC is requesting approval of such consultation 
in order to allow NPOC´s EC to submit a note to ICANN´s board.

Find below a short version of the request prepared by IFRC to provide further 
insight to NPOC members as to why the protection of the red cross, red crescent 
and red crystal designations and related names (designations) in the new gTLD 
program is important.  This information is complemented with the two documents 
attached: 1) letter to ICANN´s Board submitted 15 June,  and 2) statement 
submitted to the GNSO Council on 23 June.

Please send in your comments on this request and statement within the next 20 
calendar days  (by July 22nd, 2012) via  npoc.voice.    Thanks.


As prepared by IFRC:

"We would like to attach Red Cross documents (letter to the Board submitted 15 
June and the statement submitted to the GNSO Council on 23 June) to provide 
further insight to NPOC as to why the protection for the Movement's 
designations from unauthorized domain name registration is important. Below is 
the short version from the Red Cross.

In short, the registration of domain names containing the designations by those 
not duly authorised to do so is a violation of international law, which is 
sanctioned under the domestic criminal laws of numerous jurisdictions. Thus, a 
program that allows the registration in the first instance is very problematic. 
Therefore, IFRC has requested that ICANN implement  measures to prohibit the 
ability of unauthorized persons to register domain names that contains the 
designations to confirm with international law.

Regarding the program's proposed rights protection mechanisms, several of the 
operational details for these have not been finalized, thus their utility and 
impact on the Movement is difficult to fully assess.  The IFRC is also awaiting 
clarity regarding the submission of materials related to treaty protection that 
would allow the Movement to fully utilize several of the rights protection 
mechanisms."

If these constituency's consultations permit,  NPOC-EC could submit a note to 
the Board indicating support for protection for the designations in the 
following terms:

----------------------------------
To the Board of Directors


.                    We believe the red cross, red crescent and red crystal 
emblems and their designations and related names (hereafter designations) 
should be protected at the top and second levels.

.                    We acknowledge that the unique status of the designations 
is based on universally agreed norms of international law, which are binding 
upon all States within the International Community.

.                    The Geneva Conventions of 1949, ratified today by 194 
States and their Additional Protocols of 1977 and 2005 specifically reserve the 
use of the designations to armed forces medical services and to those assisting 
affected persons and communities in times of war and armed conflict.  The 
global public interest at stake stems from the concern that any use of the 
designations by those not duly authorised to do so is liable to undermine the 
perception of the designations, as well as the protection that they represent 
and symbolize.

.                    The registration of domain names containing the 
designations by those not duly authorised to do so is a violation of 
international law, which is sanctioned under the domestic criminal laws of 
numerous jurisdictions.

.                    The protection of these designations does not primarily 
stem from their affiliation or association to any particular organisation 
within the International Red Cross and Red Crescent Movement. Also, the 
protection of the designations does not stem either from trademark laws. Thus, 
protection of the designations should be distinguished from claims made in 
regard to names of international or intergovernmental organizations, 
not-for-profit or non-governmental organizations.

.                    We also believe that the GNSO Council's recommendations 
for top level protection of the designations should be reconsidered positively 
by the Board and that appropriate measures be immediately undertaken to protect 
the designations at the second level."
----------------------------------


Regards,

Eduardo Monge
NPOC Communications Committee Chair


Project Development and
International Relations Officer
Omar Dengo Foundation
San Jose, Costa Rica