[Gnso-igo-ingo-crp] Board-GAC Dialogue on IGOs

Tue Mar 13 22:30:20 UTC 2018

In that case, Phil I would respectfully suggest we go for option #6 of the
Straw Man because it is the only option that actually meets GAC advice and
offers the IGOs a chance to settle 30%* of their disputes at no cost.

In the Nominet model less than 0.5% of cases actually get appealed. Further
all other options in the Straw Man argument will fail to deal with most if
not all of that 0.5% of appealed names as all five options require a highly
improbable theoretical scenario where a court fails to recognise an
implicit waiver of jurisdictional immunity required to initiate
proceedings. That scenario has not occurred to date nor is it ever likely
to occur!

Quite simply options 1 to 5 provide no benefits to IGOs

Best regards,

Paul.
* 30% figure achieved at Nominet’s dispute resolution procedure using free
private mediation

On Tue, Mar 13, 2018 at 9:39 PM, Corwin, Philip via Gnso-igo-ingo-crp <
gnso-igo-ingo-crp at icann.org> wrote:

> I post this in my capacity as a WG member, not a co-chair.
>
>
>
> The Board and GAC just discussed the issue of IGOs and this WG. The
> relevant portion of the transcript is below.
>
>
>
> I have been clear in the past that the issue of IGO access to curative
> rights processes is a very high level one within ICANN, and that the
> failure of this WG to reach consensus on a compromise approach that can at
> least be adopted by GNSO Council risks the matter being resolved in another
> manner other than that of the PDP WG.
>
>
>
>
>
>
>
> >>MANAL ISMAIL:   THANKS, GORAN.  AND AGAIN, I THANK -- I THANK ICANN
> PEOPLE FOR THE CONSTRUCTIVE DISCUSSION, AND ALSO I THANK MY GAC COLLEAGUES
> FOR SHOWING FLEXIBILITY AND WILLING TO FIND A CONSTRUCTIVE WAY FORWARD,
> WHICH WAS REALLY HELPFUL AT THE END OF THE SESSION; TO FIND AN AGREED WAY
> FORWARD.  AND WE'LL KEEP FOLLOWING UP WITH ICANN ORG ON THIS, OF COURSE.
>
> SO WITH THIS, WE CAN NOW MOVE TO GAC QUESTIONS.  AND AGAIN, MAYBE WE CAN
> TAKE THEM IN REVERSE ORDER AS WELL.  SO WE CAN START WITH THE IGO
> PROTECTIONS, BECAUSE THIS IS JUST ONE QUESTION.  AND THEN WE GO TO THE
> GDPR.  I SEE NODDING, SO...
>
> SO HERE, IN A LETTER OF 22nd DECEMBER TO DONUTS, 2017 TO DONUTS,
> INCORPORATION, CONCERNING EUCLID UNIVERSITY THE BOARD VICE CHAIR AND THE
> PRESIDENT OF THE GLOBAL DOMAINS DIVISION NOTED THAT THE PROTECTIONS FOR IGO
> ACRONYMS REMAINS A TOPIC OF DISCUSSION BETWEEN THE GNSO AND THE GAC AND IS
> BEING FACILITATED BY FORMER ICANN BOARD MEMBER BRUCE TONKIN.
>
> SO CAN THE BOARD CONFIRM THAT THE FACILITATED PROCESS IN THIS REGARD HAS
> NOT PROGRESSED SINCE THEN, SINCE ICANN58, AND INDICATE WHAT ARE THE NEXT
> STEPS?
>
> THANK YOU.
>
> >>CHRIS DISSPAIN:   THANK YOU, MANAL.
>
> >>MANAL ISMAIL:   YES, PLEASE.
>
> >>CHRIS DISSPAIN:   CHRIS DISSPAIN.  THANK YOU FOR THE QUESTION.  YES, IT
> HAS PROGRESSED.
>
> THE SITUATION IS THAT THE FACILITATOR -- THE FACILITATION THAT BRUCE
> TONKIN DID LED TO AN UNDERSTANDING THAT ICANN ORG WOULD LOOK INTO CREATING
> WHAT WE'RE SHORTHANDING AS A WATCH LIST WHICH WOULD ENABLE IGOs TO BE
> INFORMED IN THE EVENT THAT SOMETHING THAT WAS AN ACRONYM OF THEIR NAME
> WOULD BE -- HAD BEEN REGISTERED.  THAT -- THAT'S -- ICANN ORG ARE WORKING
> ON THAT AND ON FIGURING OUT HOW TO DO THAT.
>
> IN PARALLEL TO THAT, THE GNSO WAS RUNNING A CURATIVE RIGHTS MECHANISMS
> PDP, AND WE HAD DECIDED THAT -- WE ALL AGREED, REALLY, THAT THE CURATIVE
> RIGHTS PDP NEEDED TO BE COMPLETED BEFORE, SO THAT WE COULD EFFECTIVE LAUNCH
> EVERYTHING AT THE SAME TIME.  SO THAT YOU COULD RELEASE -- UNRESERVE THE
> ACRONYMS, RELEASE THEM, AND THEN THE WATCH LIST WOULD PROVIDE IGOs WITH
> NOTIFICATION, AND THEN THEY WOULD HAVE THE CURATIVE RIGHTS TO FALL BACK ON
> SHOULD THEY NEED THEM.
>
> THE BOARD LEARNED TODAY THAT THERE MAY BE SOME ISSUES WITH THE -- WITH
> GNSO POLICY DEVELOPMENT PROCESS.  IT APPEARS TO HAVE HIT A BIT OF A PROBLEM
> IN REACHING CONSENSUS, AND *IT MAY BE THAT THAT PDP, IN FACT, WILL FAIL
> TO REACH CONSENSUS, IN WHICH CASE, IF I UNDERSTAND IT CORRECTLY, WE WOULD
> NEED TO FIND A SOLUTION, ANOTHER -- ANOTHER WAY.*
>
> JUST -- AT THE MEETING WE JUST HELD WHICH WAS WITH THE CONTRACTED PARTIES
> HOUSE, WE AGREED TO HAVE A CONVERSATION WITH THE -- WITH THE CONTRACTED
> PARTIES HOUSE, OR, RATHER, WITH THE REGISTRARS; SEE IF WE COULD FIND A WAY
> OF SHORE CUTTING THE SYSTEM TO A WAY OF A CURATIVE RIGHTS MECHANISM SO WE
> CAN MOVE FORWARD ON THIS.  SO THINGS ARE MOVING.  THEY'RE JUST MOVING
> SLOWLY….TO FINISH OFF, JUST TO SAY THAT WE -- *WE GOT SOME INFORMATION
> TODAY, WHICH I'VE NOW TOLD YOU, AND WE ARE SEEING IF WE CAN FIND A WAY
> AROUND THAT.  AND BELIEVE ME WHEN I SAY THAT I'M AS KEEN TO SORT THIS OUT
> AND GET RID OF IT AS YOU ALL ARE.*
>
> THANK YOU.
>
>
>
> >>WIPO:   THANK YOU, CHAIR.  I JUST WANTED TO FOLLOW ON WHAT CHRIS SAID BY
> WAY OF THANKING CHRIS AND OTHERS INVOLVED FOR MOVING THIS PROCESS ALONG.
> WE'VE BEEN PLEASED TO SEE THAT IN TERMS OF THE FULL-NAME PROTECTION, WE
> BELIEVE WE'VE MADE A LOT OF PROGRESS.  AND WE HAVE A LITTLE BIT OF WORK TO
> GO TO NARROW THE GAP, AND WE'RE HOPING THAT WE CAN RELY ON ICANN FOR A
> LITTLE BIT OF ASSISTANCE IN THAT RESPECT.
>
> SO I JUST, AGAIN, WANTED TO RECORD THAT WE'RE PLEASED TO SEE THAT MOVING
> IN A GOOD DIRECTION.
>
> AND THEN JUST TO ALSO PICK UP ON WHAT CHRIS SAID, WE HAVE HAD NOT ONLY
> SERIOUS CONCERNS WITH THE INTERIM REPORT OF THIS GNSO WORKING GROUP, WHICH
> HAS SIGNALED THAT IT WOULD COME OUT WITH RECOMMENDATIONS WHICH SQUARELY
> CONFLICT WITH GAC ADVICE, BUT ALSO IN THE PROCESS BREAKDOWN IN THE WORKING
> GROUP ITSELF.  AND OBVIOUSLY THAT'S AN AREA WHERE I THINK WE'RE ALL LOOKING
> TO SEE WHAT UNFOLDS.
>
> THANK YOU.
>
> (Emphasis added)
>
>
>
> Philip S. Corwin
>
> Policy Counsel
>
> VeriSign, Inc.
>
> 12061 Bluemont Way
> Reston, VA 20190
>
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>
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>
>
>
> *"Luck is the residue of design" -- Branch Rickey*
>
>
>
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