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

["Carson, Michael" <Michael.Carson@xxxxxxxx>]

We support the following possible approaches (as outlined in the Brian Peck’s 
email):

1.            Develop recommendations to implement the GAC proposal such as 
extending protection to all or a subset of RCRC names only, all or a subset of 
IOC names only or, to both sets of each organization’s names.
2.            Ask ICANN General Counsel’s office to conduct a legal analysis to 
substantiate/verify whether there is clear evidence of treaty law and/or 
statutes that would require registries and registrars to protect IOC and RCRC 
names by law.
Best to all,

Michael


Michael A. Carson Jr.
Senior Paralegal
Office of the General Counsel
YMCA OF THE USA
101 N Wacker Drive, Chicago IL 60606
(P) 312-419-8668
(F) 312-977-0057
(E) michael.carson@xxxxxxxx<mailto:firstname.lastname@xxxxxxxx>

The Y: We’re for youth development, healthy living and social responsibility.

From: owner-npoc-voice@xxxxxxxxx [mailto:owner-npoc-voice@xxxxxxxxx] On Behalf 
Of klaus.stoll
Sent: Wednesday, July 18, 2012 11:47 AM
To: Eduardo Monge; npoc-voice@xxxxxxxxx
Cc: Hughes, Debra Y.; shankins@xxxxxxxx
Subject: [npoc-voice] Re: [npoc-voice] RE: Consultation to all NPOC members 
regarding IFRC´s request on "¨Protection of Red Cross/Red Crescent Designations 
in the Domain Name System"

Dear Friends

I think my position is clear on this subject but just for the record: Maintain 
the status quo and not provide any new special protections for the RCRC/IOC 
names (i.e., no changes to the current schedule of second-level reserved names 
in the new gTLD Registry Agreement) and ask ICANN General Counsel’s office to 
conduct a legal analysis to substantiate/verify whether there is clear evidence 
of treaty law and/or statutes that would require registries and registrars to 
protect IOC and RCRC names by law.

Yours

Klaus

From: Eduardo Monge<mailto:eduardo.monge@xxxxxxxxx>
Sent: Wednesday, July 18, 2012 2:14 AM
To: npoc-voice@xxxxxxxxx<mailto:npoc-voice@xxxxxxxxx>
Cc: Hughes, Debra Y.<mailto:Debra.Hughes@xxxxxxxxxxxx> ; 
shankins@xxxxxxxx<mailto:shankins@xxxxxxxx>
Subject: [npoc-voice] RE: 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,

Thanks to those who have sent comments to the International Federation of the 
Red Cross and Red Crescent Societies (IFRC) requests to NPOC´s Executive 
Committee (NPOC-EC) to submit a note to ICANN´s board on “¨Protection of Red 
Cross/Red Crescent Designations in the Domain Name System.”

There are 5 more days to receive your comments.

Please send in your comments via npoc-voice by July 22nd, 2012.

Thanks.


Regards,

Eduardo Monge
NPOC Communications Committee Chair


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


De: owner-npoc-voice@xxxxxxxxx<mailto:owner-npoc-voice@xxxxxxxxx> 
[mailto:owner-npoc-voice@xxxxxxxxx]<mailto:[mailto:owner-npoc-voice@xxxxxxxxx]> 
En nombre de Eduardo Monge
Enviado el: martes, 03 de julio de 2012 08:39 a.m.
Para: npoc-voice@xxxxxxxxx<mailto:npoc-voice@xxxxxxxxx>
CC: Hughes, Debra Y.; shankins@xxxxxxxx<mailto:shankins@xxxxxxxx>
Asunto: [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