[npoc-voice] Re: [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"

[Andrei Barburas <abarburas@xxxxxxxx>]

Dear all,

Wouldn't it be easier also, for the future, to create some sort of
"regulation" in terms of the protection of non profit names?

It seems like the red cross, red crescent and red crystal are creating and
will create a precedent.

Establishing a general rule will make it easier for both the organization
and ICANN or NPOC to handle the matter further as necessary.

Please correct me if I am wrong.

Kind regards,



*Andrei Barburas*

Community Relations Services Officer



International Institute for Communication and Development (IICD)

P.O. Box 11586, 2502 AN The Hague, The Netherlands


Mobile: +31 62 928 2879

Phone: +31 70 311 7311
Fax: +31 70 311 7322
Website: www.iicd.org



*People  ** **ICT   Development*



On Wed, Jul 18, 2012 at 7:07 PM, Carson, Michael <Michael.Carson@xxxxxxxx>wrote:

>  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 <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 <eduardo.monge@xxxxxxxxx> ****
>
> *Sent:* Wednesday, July 18, 2012 2:14 AM****
>
> *To:* npoc-voice@xxxxxxxxx ****
>
> *Cc:* Hughes, Debra Y. <Debra.Hughes@xxxxxxxxxxxx> ; 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
> ҬProtection 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] *En
> nombre de *Eduardo Monge
> *Enviado el:* martes, 03 de julio de 2012 08:39 a.m.
> *Para:* npoc-voice@xxxxxxxxx
> *CC:* Hughes, Debra Y.; 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****
>