[Gac-gnso-cg] GNSO Council Resolutions 8 May 2014

[Manal Ismail]

Thanks Glen for sharing this update .. 

Looking forward to welcoming Avri Doria and working with her through the GAC/GNSO Consultation Group ..

Kind Regards

--Manal

 

From: gac-gnso-cg-bounces at icann.org [mailto:gac-gnso-cg-bounces at icann.org] On Behalf Of Glen de Saint Géry
Sent: Thursday, May 08, 2014 9:54 PM
To: gac-gnso-cg at icann.org
Subject: [Gac-gnso-cg] GNSO Council Resolutions 8 May 2014

 

FYI

Dear Councillors,

 

Ahead of the Council minutes, please find the resolutions passed by the Council at its meeting on Thursday, 8 May 2014.

 

Consent agenda:

The Council confirmed the new Chair and Co-Chairs for the Data and Metrics for Policy Making non-PDP working group, 
namely Jonathan Zuck (IPC) as Chair as well as Rudy Vansnick (NPOC), Olevie Kouami (NPOC) and Cheryl Langdon-Orr 
(At-Large) as Co-Chairs.

Confirmation of Avri Doria as member of the GAC / GNSO Consultation Group and replacement for Mikey O’Conner.

Motion in response to the NGPC's letter with respect to Specification 13

WHEREAS,

1.  the NGPC has adopted a proposed Specification 13 to the Registry Agreement to reflect 
requests by .BRAND TLDs whilst delaying the implementation of an additional clause contained 
therein, which will allow a Registry Operator to designate up to three exclusive Registrars;

2.  the NGPC has sent a letter to the GNSO Council Chair asking for advice as to whether
the GNSO Council believes that this additional clause is inconsistent with the letter and 
intent of GNSO Policy Recommendation 19 on the Introduction of New Generic Top-level Domains;

3. the GNSO Council thanks the NGPC for referring the matter back to the GNSO Council;

4. the GNSO Council has discussed the matter including with the Brand Registry Group 
(BRG) and considered the background information provided by the BRG;

5. the GNSO Council has reached out to participants in the Policy Development Process 
at the time of developing the policy and the associated Board Report on the Introduction 
of New Generic Top-Level Domains (11 September 2007);

6.  the Council acknowledges and understands the proposal made by .BRAND TLD 
operators;

It is now RESOLVED:

1.  that the right to only use up to three exclusive registrars, as contained in Specification
 13 is inconsistent with Recommendation 19 as (i) the language of this recommendation of 
the final report of the GNSO does not stipulate any exceptions from the requirements to 
treat registrars in a non-discriminatory fashion and (ii) the GNSO new gTLDs Committee 
discussed potential exceptions at the time, but did not include them in its recommendations,
which is why the lack of an exception cannot be seen as an unintended omission, but a 
deliberate policy statement;

2.  that the Council, notwithstanding resolved 1,does not object to the implementation of 
Specification 13 as a whole, including an additional clause which will allow a Registry 
Operator to designate up to three exclusive Registrars, given the specific circumstances 
and the fact that a public comment period on Specification 13 was conducted in 2013 
without objections from the GNSO, save for that from certain registrars, which was 
subsequently withdrawn;

3. that the Council reserves the right to initiate a policy development process, potentially 
resulting in Consensus Policy affecting both existing and future TLDs, if and when the 
right granted to .BRAND TLDs is at risk of, or bears the risk of, being used for augmenting 
and / or circumventing the conditions of Specification 13 or any subsequent provisions;

4. that the Council's acceptance of a variation from original policy recommendation 
may not be taken as a precedent for any future decisions.

Please let me know if you have any questions.
Thank you.
Kind regards,

 

Glen

 

 

 

Glen de Saint Géry

GNSO Secretariat

gnso.secretariat at gnso.icann.org

http://gnso.icann.org

 

 

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