[soac-mapo] RE: List Update

["Gomes, Chuck" <cgomes@xxxxxxxxxxxx>]

Thanks for the feedback Milton.  I suggest that we focus on that when
the terms of reference are developed.

 

Chuck

 

From: Milton L Mueller [mailto:mueller@xxxxxxx] 
Sent: Wednesday, July 28, 2010 6:30 AM
To: Gomes, Chuck; soac-mapo@xxxxxxxxx
Subject: RE: List Update

 

Chuck,

It is good to have GAC on board and I agree with what you have proposed
procedurally. 

 

However, in substantive terms I wish to raise some caution regarding
your suggestion that we are merely "improving the implementation" of the
MAPO recommendation. The US government has (in legally correct terms)
called the whole construct into question by pointing out that MAPO
provides a basis for states to _except_ themselves from recognizing
trademarks or permitting information flows. There is no generally
accepted standard of morality and public order that can be used on a
positive basis to determine which TLD strings are or are not acceptable.


 

Therefore the task we face is more complex that you suggest. This must
be reflected in the terms of reference. 

 

--MM

 

 

From: owner-soac-mapo@xxxxxxxxx [mailto:owner-soac-mapo@xxxxxxxxx] On
Behalf Of Gomes, Chuck
Sent: Tuesday, July 27, 2010 8:01 PM
To: soac-mapo@xxxxxxxxx
Subject: [soac-mapo] List Update

 

I want to thank everyone who has joined this list and give you an update
on how this list and its discussion will hopefully progress going
forward.

I had an excellent call with Heather Dryden and Cheryl Langdon-Orr
yesterday for the purpose of making sure that each of us as chairs of
our respective organizations are on the same page and to map out a plan
for moving this forward as a community effort.  Note that both of them
have now subscribed to this list.  

In follow-up to one topic covered in our meeting, Heather sent the
following message to Cheryl and I:  "As part of GAC advice to DAGv4 to
be issued end of July/very early August, the GAC anticipates
recommending the creation of a cross-constituency working group to
develop revisions to DAGv4 regarding MoPo implementation.  A
cross-constituency working group would need brief, clear, terms of
reference to guide its work.  The GAC intends to include advice on the
terms of reference, as part of this advice on DAGv4."

The three of us decided that it would be best if this list got a fresh
start after the GAC advice is submitted.  Our intent is not to minimize
the discussion that has occurred so far but rather to hold off for a
brief period until others are able to join and thereby allow them to
participate as well.  Note that the list archives will still contain the
discussion that has occurred to date so anyone who wants to will be able
to review it.  And please note that members from other ICANN
communities, including but limited to the ccNSO, will be encouraged to
participate.

My understanding from Heather is that the intent of the GAC advice is
not to change the GNSO New gTLD MAPO Recommendation but rather to
possibly improve the wording of it and the implementation plan for it.
In addition, I do not believe that there is any intent to cause delays,
but rather, by working together we can all contribute in a timely manner
to an improved applicant guidebook with regard to MAPO.  We don't
anticipate a long process for developing terms of reference and
hopefully the GAC advice will give us a starting point in that regard.

In the meantime, I ask each of you to be patient while we wait for the
GAC advice, which we will use as one catalyst for list discussion.  A
first task for the group when the list discussion begins again will be
to develop the terms of reference so please be thinking about that with
the understanding that the purpose will not be a rehashing of arguments
we have all heard and made in the past but rather a cooperative effort
to improve the implementation of the MAPO recommendation in a way that
fits our diverse community appropriately.

I encourage Heather and Cheryl to comment if I have misstated anything
or to add additional thoughts as they see fit.

Thanks to everyone for your cooperation and willingness to work on this
effort.

Chuck Gomes