Re: [soac-mapo] RE: List Update

[Robin Gross <robin@xxxxxxxxxxxxx>]

Yes, I also agree.

There is little reason to insist on "staying the course" with a  
policy that may have seemed fine to some 3 years ago, but has now  
been revealed to be deeply flawed and to cause more problems than it  
proposes to solve.
There are more parties discussing this issue and weighing in now.   
The US Govt. Representative's statements in Brussels about the  
unworkableness of this policy cannot be ignored because it doesn't  
square with a (unrealistic) GNSO recommendation of 3 years ago.  Time  
to re-think the issue with more educated eyes and with more  
perspectives involved in the discussion.  Time to get "real" on this  
issue.
Best,
Robin

On Jul 28, 2010, at 11:09 AM, SAMUELS,Carlton A wrote:

> +1, especially for 2nd Para, 2nd Sentence.
>
> Carlton
>
> From: owner-soac-mapo@xxxxxxxxx [mailto:owner-soac-mapo@xxxxxxxxx]  
> On Behalf Of Milton L Mueller
> Sent: Wednesday, July 28, 2010 5:30 AM
> To: Gomes, Chuck; soac-mapo@xxxxxxxxx
> Subject: [soac-mapo] 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 hopefullyprogress  
> 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 acommunity 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 forlist  
> 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



IP JUSTICE
Robin Gross, Executive Director
1192 Haight Street, San Francisco, CA  94117  USA
p: +1-415-553-6261    f: +1-415-462-6451
w: http://www.ipjustice.org     e: robin@xxxxxxxxxxxxx