[Gnso-igo-ingo-crp] GAC advice on IGO protections

[Phil Corwin]

WG Members:


In my view this GAC Advice shows a bit more flexibility and willingness to consider the merits of our final report than prior communications.


In addition, I was very pleased that our working session yesterday was attended by some members of the ICANN Board, and several senior executives including CEO Marby. I believe they were all favorably impressed by the care we have taken in our work and that our likely recommendations are based upon an informed view of the proper roles of ICANN versus that of national legislatures and judicial systems. CEO Marby indicated to me that he has a high personal interest in our work and wishes to help facilitate a full understanding of our final report by all members of the ICANN community, including GAC members, prior to the issuance of any future GAC advice on the matters we have been addressing.


Best to all,

Philip


Philip S. Corwin

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________________________________
From: gnso-igo-ingo-crp-bounces at icann.org <gnso-igo-ingo-crp-bounces at icann.org> on behalf of Mary Wong <mary.wong at icann.org>
Sent: Thursday, November 2, 2017 8:20 AM
To: gnso-igo-ingo-crp at icann.org
Subject: [Gnso-igo-ingo-crp] GAC advice on IGO protections


Dear Working Group members,



The GAC Communique from ICANN60 has just been published, and includes the following advice on IGO protections:



“The GAC recalls its longstanding advice on the topic of IGO protections and is closely monitoring the ongoing PDP on IGO-INGO Access to Curative Rights Protection Mechanisms. The GAC remains open to working with the GNSO to try to find a mutually-agreeable resolution to this issue. The GAC also recalls the values of openness, transparency and inclusion, and representativeness and process integrity, that are respectively enshrined in ICANN’s Bylaws and GNSO Operating Procedures.



a. The GAC advises the ICANN Board to:

i. review closely the decisions on this issue in order to ensure that they are compatible with these values and reflect the full factual record.



RATIONALE

Although the ICANN Community is still awaiting the final report for the PDP on IGO-INGO Access to Curative Rights Protection Mechanisms, preliminary communications indicate that the Working Group’s proposal will conflict with GAC advice on the issue and GAC input to the PDP as well as the comments of over 20 IGOs who submitted comments to the Working Group’s draft report. The Board plays an important role in ensuring the proper application of the ICANN Bylaws and GNSO Operating Procedures, and the GAC expects that a basic safeguard would be a close Board review of GNSO policy recommendations, especially where such recommendations directly contradict GAC advice.”



The full Communique can be viewed here: https://gacweb.icann.org/download/attachments/27132037/GAC%20ICANN60%20Communique_Final.pdf?version=2&modificationDate=1509619814918&api=v2



Thanks and cheers

Mary






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