[Gnso-igo-ingo-crp] The origins of how INGOs got into this process (as opposed to IGO)

Mary Wong mary.wong at icann.org
Wed Oct 29 21:40:33 UTC 2014 

Dear all,

As noted on the WG call today, the consideration of INGO identifiers for
additional/amended curative rights protection was supported by multiple GNSO
constituencies during the prior PDP Working Group consensus process. As
George noted in his original email (below), the primary rationale seems to
have been that put forward by an NCSG representative; in some constituencies
such support also saw some opposition (but not sufficient to overturn the
final consensus conclusion).

As such, staff recommends that Stakeholder Group and Constituency
representatives on this WG whose respective groups supported the inclusion
and equivalent treatment of INGOs as for IGOs check back with those groups
on the emerging consensus within this WG that INGOs be dropped from further
consideration in this PDP. Please circulate your groups¹ respective
agreement or disagreement via email as soon as possible so that this WG can
finalize its consideration of this question.

In relation to the Red Cross movement, staff recommends that this WG
consider whether, in light of their protection under international treaties
and multiple national laws, they ­ and for the same reason the International
Olympic Committee ­ can be considered separately from the other INGOs who do
not have the same extent of legal protections (as noted several times by the
GAC). 

To assist your review of this last point as well as for your convenient
reference, staff has compiled the attached document which has the language
excerpts from recent, relevant GAC Communiques that relate to IGO and Red
Cross curative rights protections.

Thanks and cheers
Mary

Mary Wong
Senior Policy Director
Internet Corporation for Assigned Names & Numbers (ICANN)
Telephone: +1 603 574 4892
Email: mary.wong at icann.org





From:  David Cake <dave at difference.com.au>
Date:  Wednesday, October 29, 2014 at 3:07 AM
To:  "petter.rindforth at fenixlegal.eu" <petter.rindforth at fenixlegal.eu>
Cc:  "gnso-igo-ingo-crp at icann.org" <gnso-igo-ingo-crp at icann.org>
Subject:  Re: [Gnso-igo-ingo-crp] The origins of how INGOs got into this
process (as opposed to IGO)

> I am OK with including the Red Cross, but based on the special case of the
> protection given to their identifiers under the Geneva Convention and
> associated national laws, rather than simply because it is an INGO.
> 
> I am not sure if those identifiers are relevant to this WG, but I'd rather err
> on the side of caution at this stage.
> 
> The Red Cross themselves seem unhappy with their consideration by this WG so
> far, but I think rather because of dissatisfaction with the approach taken so
> far rather than because they do not want curative rights mechanisms.
> 
> It may be best to leave the question open for the moment, until the issue can
> be addressed specifically, but in any case I think the inclusion of the ICRC
> should be considered separately to the issue of INGOs in general.
> 
> Regards 
> 
> David
> 
> On 29 Oct 2014, at 8:41 am, Petter Rindforth <petter.rindforth at fenixlegal.eu>
> wrote:
> 
>> I agree with this conclusion.
>> 
>> The only question I have is if Red Cross in this respect shall be included,
>> or if we shall and can proceed only with clear IGO's.
>> 
>> The latter would be the most clear way to deal with our task, and it is also
>> more easy to create a special dispute resolution policy for IGO's only (as it
>> seems what we shall focus on now, rather than amendments of URS and/or UDRP).
>> 
>> Looking forward to dicuss this further with you all tomorrow (or later on
>> today, Oct 29).
>> 
>> Best,
>> Petter
>> 
>> -- 
>> Petter Rindforth, LL M
>> 
>> Fenix Legal KB 
>> Stureplan 4c, 4tr
>> 114 35 Stockholm
>> Sweden 
>> Fax: +46(0)8-4631010
>> Direct phone: +46(0)702-369360
>> E-mail: petter.rindforth at fenixlegal.eu
>> www.fenixlegal.eu <http://www.fenixlegal.eu>
>> 
>> 
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>> Thank you
>> 
>> 
>> 28 oktober 2014, Phil Corwin <psc at vlaw-dc.com> skrev:
>>> 
>>> As co-Chair I see a consensus forming.
>>> 
>>> We can discuss and decide on tomorrow's call.
>>> 
>>> 
>>> 
>>> Philip S. Corwin, Founding Principal
>>> Virtualaw LLC
>>> 1155 F Street, NW
>>> Suite 1050
>>> Washington, DC 20004
>>> 202-559-8597/Direct
>>> 202-559-8750/Fax
>>> 202-255-6172/cell
>>> 
>>> Twitter: @VlawDC
>>>  
>>> "Luck is the residue of design" -- Branch Rickey
>>> 
>>> 
>>> -----Original Message-----
>>> From: gnso-igo-ingo-crp-bounces at icann.org
>>> [mailto:gnso-igo-ingo-crp-bounces at icann.org] On Behalf Of David Cake
>>> Sent: Monday, October 27, 2014 11:27 PM
>>> To: Jim Bikoff
>>> Cc: gnso-igo-ingo-crp at icann.org
>>> Subject: Re: [Gnso-igo-ingo-crp] The origins of how INGOs got into this
>>> process (as opposed to IGO)
>>> 
>>> I agree with Kathy, Osvaldo, Jim.
>>> Unless there is a clear demonstration of a separate legal status for INGOs
>>> that was not addressed in previous WGs, we should drop it.
>>> 
>>> Regards
>>> 
>>> David
>>> 
>>> On 28 Oct 2014, at 12:00 am, Jim Bikoff <jbikoff at sgbdc.com> wrote:
>>> 
>>>> I agree.
>>>> 
>>>> Jim
>>>> 
>>>> James L. Bikoff
>>>> Silverberg, Goldman & Bikoff, LLP
>>>> 1101 30th Street, NW
>>>> Suite 120
>>>> Washington, DC 20007
>>>> Tel: 202-944-3303
>>>> Fax: 202-944-3306
>>>> jbikoff at sgbdc.com
>>>> 
>>>> 
>>>> -----Original Message-----
>>>> From: Kathryn Kleiman [mailto:kleiman at fhhlaw.com]
>>>> Sent: Monday, October 27, 2014 11:43 AM
>>>> To: Jim Bikoff; Paul Keating
>>>> Cc: gnso-igo-ingo-crp at icann.org
>>>> Subject: RE: [Gnso-igo-ingo-crp] The origins of how INGOs got into
>>>> this process (as opposed to IGO)
>>>> 
>>>>>> It is my opinion that we should focus on the IGOs and consider that the
>>>>>> measures approved by the GNSO Council regarding the INGOs are sufficient.
>>>>>> Best regards,
>>>>>> Osvaldo Novoa
>>>> 
>>>> I agree with Osvaldo Novoa and Jim Bikoff on this - I think we should focus
>>>> on IGOs and not INGOs. For if we address IGO and INGOs, then NGOs will want
>>>> to be involved. Since it is a very loose area of existing protections, I
>>>> recommend we stay with those of the clearest provable protections (and
>>>> determining what the means) - IGOs.
>>>> Best,
>>>> Kathy
>>>> 
>>>> -----Original Message-----
>>>> From: gnso-igo-ingo-crp-bounces at icann.org
>>>> [mailto:gnso-igo-ingo-crp-bounces at icann.org] On Behalf Of Jim Bikoff
>>>> Sent: Wednesday, October 15, 2014 8:12 PM
>>>> To: Paul Keating
>>>> Cc: gnso-igo-ingo-crp at icann.org
>>>> Subject: Re: [Gnso-igo-ingo-crp] The origins of how INGOs got into
>>>> this process (as opposed to IGO)
>>>> 
>>>> We strongly agree with Osvaldo.
>>>> 
>>>> Jim Bikoff
>>>> 
>>>> Sent from my iPhone
>>>> 
>>>>> On Oct 15, 2014, at 4:33 PM, Paul Keating <paul at law.es> wrote:
>>>>> 
>>>>> Hi all,
>>>>> 
>>>>> I know I have been absent from the last several calls (family issues),
>>>>> however, I feel that we should address both IGOs and INGOs. If we don't we
>>>>> run the risk of inconsistency and future conflict.
>>>>> 
>>>>> Regards,
>>>>> 
>>>>> Paul Keating
>>>>> 
>>>>>> On 15 Oct 2014, at 9:03 pm, Novoa, Osvaldo <onovoa at antel.com.uy> wrote:
>>>>>> 
>>>>>> I think that the INGOs were sufficiently considered in the first policy
>>>>>> and hat is now been revised. The revision arises from a request by the
>>>>>> GAC, through the NGPC, to modify the decisions with regards to the IGOs
>>>>>> acronyms and some on the Red Cross.
>>>>>> It is my opinion that we should focus on the IGOs and consider that the
>>>>>> measures approved by the GNSO Council regarding the INGOs are sufficient.
>>>>>> Best regards,
>>>>>> Osvaldo Novoa
>>>>>> 
>>>>>> 
>>>>>>> El 15/10/2014, a las 11:33, George Kirikos <icann at leap.com> escribió:
>>>>>>> 
>>>>>>> Hi folks,
>>>>>>> 
>>>>>>> During today's conference call, the topic of how INGOs got into
>>>>>>> this process was raised. Researching the mailing list of the prior
>>>>>>> working group, I believe the origin was the message at:
>>>>>>> 
>>>>>>> http://forum.icann.org/lists/gnso-igo-ingo/msg00885.html
>>>>>>> 
>>>>>>> where one of the participants put forward the idea that:
>>>>>>> 
>>>>>>> "Accreditation by ECOSOC is equivalent to the IGO treaty
>>>>>>> requirements and stands in fair stead to business oriented trademarks"
>>>>>>> 
>>>>>>> which, as Kristine noted in the chatroom during the call (I don't
>>>>>>> think the transcript is available yet, but will be) is probably not
>>>>>>> correct. i.e. her exact words were "I rather suspect it's much
>>>>>>> harder to get included in a treaty than to get on the ECOSOC list..."
>>>>>>> 
>>>>>>> I agree with Kristine.
>>>>>>> 
>>>>>>> Anyhow, I thought it would be good to capture this "history", in
>>>>>>> case we want to revisit this so-called "rationale" for adding INGOs.
>>>>>>> 
>>>>>>> Sincerely,
>>>>>>> 
>>>>>>> George Kirikos
>>>>>>> 416-588-0269
>>>>>>> http://www.leap.com/
>>>>>>> _______________________________________________
>>>>>>> Gnso-igo-ingo-crp mailing list
>>>>>>> Gnso-igo-ingo-crp at icann.org
>>>>>>> https://mm.icann.org/mailman/listinfo/gnso-igo-ingo-crp
>>>>>> 
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