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[npoc-voice] 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"

  • To: "Jean-Louis Ecochard" <jecochard@xxxxxxx>, "Eduardo Monge" <eduardo.monge@xxxxxxxxx>, <npoc-voice@xxxxxxxxx>
  • Subject: [npoc-voice] 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"
  • From: "klaus.stoll" <klaus.stoll@xxxxxxxxxxxxxx>
  • Date: Thu, 5 Jul 2012 07:33:13 +0200


Dear Friends

With regard to Jean-Louis and the IFRC requests. My opinion still is:
Organizations should not try to take advantage of a self perceived special status. If we approve one the whole new gTLD system is in legal trouble. The only "compromise" that is possible to agree with the GAC a UN+10 solution as we have proposed in Costa Rica. But even working on that seems to be not a priority, as it turns out the new gTLD system is burning on both ends, very deep, REAL problems have to be solved, and thinking about protecting privileges seems very inappropriate and counter productive.

Think the whole DNS not just your own minute part in it! Showing real considerations for the needs of the whole DNS would make organizations like the IFRC very popular and would provide more protection then any law or exemption could ever give them.

Yours

Klaus

-----Original Message----- From: Jean-Louis Ecochard
Sent: Wednesday, July 04, 2012 7:56 PM
To: Eduardo Monge ; npoc-voice@xxxxxxxxx
Cc: Hughes, Debra Y. ; shankins@xxxxxxxx ; Edward HAPP
Subject: 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

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The Nature Conservancy  www.nature.org
NetHope www.nethope.org
Conservation Commons www.conservationcommons.org


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[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



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