[bc-gnso] GAC Communique form Toronto

Steve DelBianco sdelbianco at netchoice.org
Sat Oct 20 16:09:33 UTC 2012


GAC communique is here<https://gacweb.icann.org/download/attachments/4817665/FINAL_Toronto_Communique_20121017.pdf?version=1&modificationDate=1350746371705>.    Highlights below:

The GAC is supporting BC's suggestion that all applicant commitments become part of the Ry Contract and thereby become ICANN compliance matters:

The GAC requests written briefing from the ICANN Board on:
• the extent to which applicants will be able to modify their applications as a result of early warnings.
• how ICANN will ensure that any commitments made by applicants, in their applications or as a result of any subsequent changes, will be overseen and enforced by ICANN.

The GAC advises the ICANN Board:
• that it is necessary for all of these statements of commitment and objectives to be transformed into binding contractual commitments,subject to compliance oversight by ICANN.
• The GAC expects that applicants would not be penalised where the standard provisions of a contract are amended in order to meet specific obligations entered into in order to meet governmental concerns.


GAC Early Warnings:     GAC members are considering a range of specific issues including:
• Consumer protection
• Strings that are linked to regulated market sectors, such as the financial,
health and charity sectors
• Competition issues
• Strings that have broad or multiple uses or meanings, and where one entity is seeking exclusive use
• Religious terms where the applicant has no, or limited, support from the relevant religious organisations or the religious community
• Minimising the need for defensive registrations
• Protection of geographic names
• Intellectual property rights particularly in relation to strings aimed at the distribution of music, video and other digital material
• The relationship between new gTLD applications and all applicable legislation

The GAC looks forward to discussing these issues with the ICANN community, and expects to finalise GAC advice on gTLD applications following the ICANN meeting in April 2013. As part of this work, some GAC members may initiate direct dialogue with applicants, including through the early warning process. The GAC confirms that it will forward early warnings from GAC members on 20 November 2012, and encourages a collaborative and cooperative approach to addressing any issues identified in those early warnings.


--
Steve DelBianco
Executive Director
NetChoice
http://www.NetChoice.org and http://blog.netchoice.org
+1.202.420.7482

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