Protection of IOC/IFRC Names - Drafting Team Recommendations
Alain Berranger
alain.berranger at GMAIL.COM
Wed Oct 3 19:22:22 CEST 2012
Hi Avri,
Thanks for generous clarification and noted.
I have just requested an NCSG-EC meeting while we are in Toronto.
Cheers, Alain
On Wed, Oct 3, 2012 at 10:38 AM, Avri Doria <avri at acm.org> wrote:
> Hi,
>
> >> I do not recall the NCSG-PC meeting but it was probably for me to miss.
>
> It was actually for you, as a member of the PC, to request.
>
> The discussion was on the NCSG-PC list. Given the global nature of NCSG,
> it is almost impossible to schedule meetings that some wont miss because
> they are in the middle of the night or they can't travel. And when we try
> to share the pain by rotating the meetings, we find that the majority
> misses some meetings. Only the insomniacs, those with flexible circadian
> rhythms and the insane* among us who seem to attend meetings no mater when
> they are held. It is for this reason that the NCSG EC and PC long ago
> decided to do business by email and online online methods instead of by
> teleconference or face to face meeting; i.e. inclusion for all.
>
> It is even mentioned in the NCSG charter, which I beleive must govern our
> actions in the SG:
>
>
> https://community.icann.org/display/gnsononcomstake/Final+Approved+Current+NCSG+Charter
>
> "
>
> 2.4.4. NCSG-EC Work Process
>
> * As much as possible, all NCSG-EC work will be done using
> Internet tools, including, inter alia,
> * email;
> * wiki usage (Note such a wiki will be publicly viewable
> though editing may be restricted to members of the NCSG-EC);
> * online document collaboration tools as well as available
> network cloud based tools
> * When necessary, teleconferences will be scheduled. A scheduling
> tool will be used to attempt to find a time when all members can attend.
> Unless all members can attend the teleconference, any decisions made at a
> teleconference will be provisional until full consensus is determined.
> * When possible, as enabled - for example - by an ICANN meeting, a
> face-to-face meeting of the NCSG-EC will be held. As with teleconferences,
> if all members cannot attend, any decisions made will need to be verified
> for full consensus before being considered final.
>
> ...
>
> 2.5.4. NCSG-PC Work Process
>
> * As much as possible, all work will be done using Internet tools,
> including, inter alia,
> * email;
> * wiki usage (Note: such a wiki will be publicly viewable
> though editing may be restricted to members of the NCSG-PC);
> * online document collaboration tools as well as available
> network cloud based tools.
> * When necessary, teleconferences will be scheduled. A scheduling
> tool will be used to attempt to find a time when all members can attend.
> Unless all members can attend the teleconference, any decisions made at a
> teleconference will be provisional until full consensus is determined.
> * When possible, as enabled for example by an ICANN meeting, a
> face-to-face meeting of the NCSG-PC will be held. As with teleconferences,
> if all members cannot attend, any decisions made will need to be verified
> before being considered final.
> "
>
> Implicit in this is that even if there is a teleconference or meeting
> (and someone needs to argue that it is necessary, by default they don't
> happen) if everyone can't be at that teleconference or meeting (the
> norm), the consensus calls are made by the chairs based on what happens on
> the email list and not the meeting.
>
> avri
>
> * note the reference to insanity is not meant as an insult to anyone. If
> someone feels insulted by my indirect reference to their insanity, please
> accept my apology.
>
>
> On 3 Oct 2012, at 10:00, Alain Berranger wrote:
>
> > Hi Mary,
> >
> > Thanks for that clear and comprehensive note. It fully reflects my
> personal understanding of NPOC's position except for temporary reservation.
> That said, we must join the NCSG consensus, as Avri has just explained to
> me - silence is agreement as per our Charter. I do not recall the NCSG-PC
> meeting but it was probably for me to miss.
> >
> > Best, Alain
> >
> > On Tue, Oct 2, 2012 at 3:40 PM, <Mary.Wong at law.unh.edu> wrote:
> > Everyone, just a few additional notes on this topic:
> >
> > - throughout the Drafting Team (DT) process, NCSG representatives
> consistently brought up the broader issue of protections for international
> governmental organizations (IGOs - as requested by some of these to the
> ICANN Board recently) and other international non-governmental
> organizations (as brought up by NPOC members and representatives at the
> ICANN Costa Rica meeting and this listserv, among other places.)
> >
> > - in the end, the DT thought that recommending a PDP that specifically
> includes IGOs and other organizations went beyond its original mandate,
> which was to deal with IOC and IFRC names. Nonetheless, the transcripts and
> recordings of the DT meetings will show that the DT acknowledged that since
> a Final Issue Report on the IGO issue is going to be presented to the GNSO
> Council, it is up to the Council to decide (1) whether to launch a PDP of
> whichever type/scope; and (2) the precise scope of such a PDP, e.g. whether
> to include IGOs and other organizations, as urged by NPOC and some NCUC
> members.
> >
> > - at that point, the ICANN community can (and should) weigh in on the
> merits of a PDP that is broader in scope than what the DT is specifically
> recommending w.r.t. the IOC/IFRC issue it was tasked to examine.
> >
> > - NCSG representatives also consistently made it clear that most NCSG
> members (i.e. NPOC and NCUC) support a PDP, and that many support a broader
> PDP beyond just the IOC/IFRC issue.
> >
> > Finally, NCSG representatives submitted a formal minority statement to
> the DT report. It has been included in the full DT report and can be found
> here: http://forum.icann.org/lists/gnso-iocrc-dt/msg00605.html
> >
> > I hope the above clarifies the positions that have been taken, on behalf
> of the entire NCSG membership, by our representatives to the DT. In sum, we
> have said that NCSG supports a PDP (and that many of our members from both
> Constituencies support a broad PDP that includes more than just the IFRC
> and IOC names), and that we oppose a temporary reservation/block on the
> IFRC and IOC names in the interim.
> >
> > These positions are consistent with the discussion that has taken place
> on this listserv, reflect what we believe to be the general consensus among
> our members - all of which have had equal and ample opportunity to weigh in
> on this issue in the past few months - and have been approved by the NCSG's
> Policy Committee, which operates on a consensus basis and which includes
> our GNSO Councilors and representatives from both Constituencies.
> >
> > Cheers
> > Mary
> >
> >
> > Mary W S Wong
> > Professor of Law
> > Director, Franklin Pierce Center for IP
> > Chair, Graduate IP Programs
> > UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAW
> > Two White Street
> > Concord, NH 03301
> > USA
> > Email: mary.wong at law.unh.edu
> > Phone: 1-603-513-5143
> > Webpage: http://www.law.unh.edu/marywong/index.php
> > Selected writings available on the Social Science Research Network
> (SSRN) at:http://ssrn.com/author=437584
> >
> >
> > >>>
> > From:
> > Robin Gross <robin at IPJUSTICE.ORG>
> > To:
> > <NCSG-DISCUSS at LISTSERV.SYR.EDU>
> > Date:
> > 10/2/2012 2:55 PM
> > Subject:
> > [NCSG-Discuss] Fwd: [liaison6c] Protection of International Olympic
> Committee (IOC) / Red Cross Names (RCRC) Drafting Team - Recommendations
> > Begin forwarded message:
> >
> >> From: Glen de Saint Géry <Glen at icann.org>
> >> Date: October 1, 2012 3:17:26 PM PDT
> >> To: liaison6c <liaison6c at gnso.icann.org>
> >> Subject: [liaison6c] Protection of International Olympic Committee
> (IOC) / Red Cross Names (RCRC) Drafting Team - Recommendations
> >>
> >>
> https://www.icann.org/en/news/public-comment/ioc-rcrc-recommendations-28sep12-en.htm
> >> Protection of International Olympic Committee (IOC) / Red Cross Names
> (RCRC) Drafting Team - Recommendations
> >>
> >> Comment/Reply Periods (*)
> >> Important Information Links
> >> Comment Open:
> >> 28 September 2012
> >> Comment Close:
> >> 19 October 2012
> >> Close Time (UTC):
> >> 23:59 UTC
> >> Public Comment Announcement
> >> Reply Open:
> >> 20 October 2012
> >> To Submit Your Comments (Forum)
> >> Reply Close:
> >> 9 November 2012
> >> View Comments Submitted
> >> Close Time (UTC):
> >> 23:59 UTC
> >> Report of Public Comments
> >> Brief Overview
> >> Originating Organization:
> >> GNSO
> >> Categories/Tags:
> >> * Top-Level Domains
> >> * Second-Level Domains
> >> * Policy Process
> >> * Intellectual Property
> >> Purpose (Brief):
> >> The IOC/RCRC Drafting Team (DT) requests community comment on the
> latest recommendations created for second level protections of names
> relating to the International Olympic Committee and the Red Cross/Red
> Crescent.
> >> Current Status:
> >> Open for Public Comment
> >> Next Steps:
> >> The Drafting Team's recommendations will be updated to reflect
> community feedback submitted through this forum and via final agreement of
> the Drafting Team members. Final recommendations will then be presented to
> the GNSO Council for its consideration.
> >> Staff Contact:
> >> Brian Peck, Margie Milam
> >> Email:
> >> Policy-staff at icann.org
> >> Detailed Information
> >> Section I: Description, Explanation, and Purpose
> >> As a result of IOC/RCRC being granted top level protections for the
> first round of the new gTLD program, the IOC/RCRC Drafting Team was further
> tasked to consider whether the same protections should be afforded at the
> second level prior to the first delegation of a new gTLD. Since the
> beginning of 2012, the IOC/RCRC Drafting Team (DT) has deliberated about
> possible second level protections and how to respond to the GAC's request
> for protections. The DT now submits the recommendations formulated by the
> DT and makes them available for public comment before final submission to
> the GNSO Council.
> >> Note from the IOC/RCRC Drafting Team Chair:
> >> These recommendations are being posted at the request of the Drafting
> Team. Although some members of the Drafting Team believe that a PDP is not
> necessary at this time to grant second level protections for the IOC/RCRC,
> a consensus of the DT does in fact agree that a PDP represents an
> appropriate compromise on this issue. With respect to the Recommendations
> #2 and #3 (temporary protection at second level), there is strong support
> amongst the Drafting Team for those recommendations with opposition from
> the Non-commercial Stakeholder Group and Thomas Rickert. A copy of
> statements from certain constituencies, stakeholder groups, and/or
> individuals is attached as appendices to the recommendations.
> >> Section II: Background
> >> The ICANN Board had requested policy advice from the GNSO Council and
> the GAC on whether special protections should be afforded to the RCRC, IOC
> and/or IGOs. Specifically, in its Singapore resolution, the Board
> authorized the President and CEO to implement the New gTLD Program "which
> includes the following elements: "the 30 May 2011 version of the Applicant
> Guidebook, subject to the revisions agreed to with the GAC on 19 June 2011,
> including: ...(b) incorporation of text concerning protection for specific
> requested Red Cross and IOC names for the top level only during the initial
> application round, until the GNSO and GAC develop policy advice based on
> the global public interest....."
> >> During September 2011, the GAC also sent advice to the GNSO with a
> proposal for granting second level protections based upon the protections
> afforded to IOC/RCRC at the first level. In the same month, section
> 2.2.1.2.3 was added to the latest version of the new gTLD Applicant
> Guidebook dated 19 September 2011.
> >> As a result of the GAC proposal submitted to the GNSO, the GNSO Council
> created a call for volunteers to form a drafting team about creating a
> response to the GAC. The IOC/RCRC Drafting Team was formed has since
> created a set of recommendations for protecting the IOC/RCRC names at the
> second level and includes an outline for a response to the GAC from the
> GNSO. The Drafting Team now wishes to solicit feedback from the community
> prior to submission of the recommendations to the GNSO Council.
> >> See the IOC/RCRC Drafting Team page for more detail at:
> http://gnso.icann.org/en/group-activities/red-cross-ioc.htm
> >> Section III: Document and Resource Links
> >> IOC/RCRC Drafting Team Recommendations Report [PDF, 152 KB]
> >> Section IV: Additional Information
> >> None
> >>
> >>
> >>
> >>
> >>
> >>
> >> (*) Comments submitted after the posted Close Date/Time are not
> guaranteed to be considered in any final summary, analysis, reporting, or
> decision-making that takes place once this period lapses.
> >>
> >>
> >> Glen de Saint Géry
> >> GNSO Secretariat
> >> gnso.secretariat at gnso.icann.org
> >> http://gnso.icann.org
> >>
> >
> >
> >
> >
> > 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 at ipjustice.org
> >
> >
> >
> >
> >
> >
> >
>
--
Alain Berranger, B.Eng, MBA
Member, Board of Directors, CECI,
http://www.ceci.ca<http://www.ceci.ca/en/about-ceci/team/board-of-directors/>
Executive-in-residence, Schulich School of Business, www.schulich.yorku.ca
Treasurer, Global Knowledge Partnership Foundation, www.gkpfoundation.org
NA representative, Chasquinet Foundation, www.chasquinet.org
Chair, NPOC, NCSG, ICANN, http://npoc.org/
O:+1 514 484 7824; M:+1 514 704 7824
Skype: alain.berranger
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