[Gnso-newgtld-wg-wt5] Comment on Paragraph 1 of the Scope of Terms of Reference - Emily’s TOR link document.

Tue Dec 5 16:52:29 UTC 2017

Hi Justine

To avoid confusion and duplication, Emily has captured all inputs to date wonderfully in her email earlier today. For convenience the link to Emily’s draft document is pasted below:
https://docs.google.com/document/d/1zLvMb_HrGrEUZYqqeaHTS3x-exIlc_dmo-3ZC9HuJag/edit

It would help if going forward we use this link as the working base. Unfortunately as New York had poor connectivity in my place I could not log on to the call today.

Kind Regards
Aslam Mohamed. Advocate
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On 5 Dec 2017, at 10:08, Justine Chew <justine.chew at gmail.com<mailto:justine.chew at gmail.com>> wrote:

There are a few versions of the TOR circulating but I trust that staff is able to capture and reconcile all inputs to the working copy. I had made some minor edits to a googledoc version although I don't know which one it was now, but I will offer my comments here:-

1. I believe the reference to "treatment" was there because that is the term contained in the AGB 2012. However, I don't have a preference as to whether we should retain this reference or not because to me "analysis of the Review Procedure for Geographic Names contained in the 2012 Guidebook, evaluation criteria and potential grounds for objection" necessarily means that we will review the treatment of applications for geonames at the top level.

More importantly,

2. I support Heather's proposition to include defining geographic names as a key task for this WT5 group, the reference to which does not appear in Jeff's or Nick's version in this thread.

3. While Jeff and even Nick's version in this thread makes references to ASCII and IDN forms, some other versions do not. I think it is important to include this, especially if we are going to state specific sections of the AGB 2012 which are silent on treatment on IDNs (eg. 2.2.1.4.1 which refers to "any language" but not IDN scripts specifically).

Looking forward to seeing and commenting further on a fresh working copy before the next call,

Justine
-----

On 4 December 2017 at 13:09, Maureen Hilyard <maureen.hilyard at gmail.com<mailto:maureen.hilyard at gmail.com>> wrote:
I like NIck's "less is more" version.

Maureen
ALAC

On Thu, Nov 30, 2017 at 7:59 AM, Nick Wenban-Smith <Nick.Wenban-Smith at nominet.uk<mailto:Nick.Wenban-Smith at nominet.uk>> wrote:

How about

Work Track 5 will focus on developing proposed recommendations regarding the treatment of geographic names at the top level (both in ASCII and IDN form), including an analysis of the Review Procedure for Geographic Names contained in the 2012 Guidebook, evaluation criteria and potential grounds for objection.

Nick Wenban-Smith

General Counsel | Nominet

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From: Gnso-newgtld-wg-wt5 [mailto:gnso-newgtld-wg-wt5-bounces at icann.org<mailto:gnso-newgtld-wg-wt5-bounces at icann.org>] On Behalf Of Carlos Raul Gutierrez
Sent: 30 November 2017 17:44

To: gnso-newgtld-wg-wt5 at icann.org<mailto:gnso-newgtld-wg-wt5 at icann.org>
Subject: Re: [Gnso-newgtld-wg-wt5] Comment on Paragraph 1 of the Scope of Terms of Reference

Is there no way to avoid "treatment"????

On November 30, 2017 9:24:22 AM CST, Jeff Neuman <jeff.neuman at comlaude.com<mailto:jeff.neuman at comlaude.com>> wrote:

Jorge,

In an attempt to combine your proposal and mine, how about the following?

Work Track 5 will focus on developing proposed recommendations regarding the treatment of geographic names at the top level (both in ASCII and IDN form), including an analysis of the Review Procedure for Geographic Names contained in the 2012 Guidebook, evaluation criteria and potential grounds for objection.

We can add a footnote to that Review Procedure.

Jeffrey J. Neuman

Senior Vice President |Valideus USA | Com Laude USA

1751 Pinnacle Drive, Suite 600

Mclean, VA 22102, United States

E: jeff.neuman at valideus.com<mailto:jeff.neuman at valideus.com> or jeff.neuman at comlaude.com<mailto:jeff.neuman at comlaude.com>

T: +1.703.635.7514<tel:+1%20703-635-7514>

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@Jintlaw

From: Gnso-newgtld-wg-wt5 [mailto:gnso-newgtld-wg-wt5-bounces at icann.org] On Behalf Of Jorge.Cancio at bakom.admin.ch<mailto:Jorge.Cancio at bakom.admin.ch>
Sent: Thursday, November 30, 2017 10:11 AM
To: gnso-newgtld-wg-wt5 at icann.org<mailto:gnso-newgtld-wg-wt5 at icann.org>
Subject: Re: [Gnso-newgtld-wg-wt5] Comment on Paragraph 1 of the Scope of Terms of Reference

Hello all,

I apologize for not being able to follow this work track as closely as I would like to, but other commitments are limiting the time I have for specific ICANN policy work…

Without prejudice to coming back later with more detailed comments, I am a bit unsure about the direction we would be giving to the scope of our work if we put into question in abstract “whether” the non-objection rule should apply – in fact this apparently lays the focus on putting into question the applicability of that non-objection rule instead of asking how that rule works – its pros and cons etc.

In fact, in Abu Dhabi there were many speakers at the F2F meeting (me included) who (1) expressly supported that rule as something that had worked pretty well in the 2012 round, (2) that supported a fact-based approach to analyzing what the shortcomings (if any) were with this rule, and (3) who advised against re-inventing that wheel.

Hence, I feel we should formulate that section in the a more neutral manner as follows:

“Work Track 5 will focus on developing proposed recommendations regarding the treatment of geographic names at the top level (both in ASCII and IDN form), in particular on evaluation criteria and potential grounds for objection as well as analyzing the functioning of the non-objection requirement by affected governmental authorities provided for in the 2012 round.”

I hope that this more neutral approach to the question may be acceptable to all as a working basis.

Kind regards

Jorge

On Nov 30, 2017, at 18:50, Jeff Neuman <jeff.neuman at comlaude.com<mailto:jeff.neuman at comlaude.com>> wrote:

With respect to the Scope of the Terms of Reference, please keep in mind that this section refers only to what will be discussed.  It is intended to make sure the right questions are being asked and the right topics are being covered.  It should also be neutral in nature to allow all sides of an issue to be discussed.

Therefore, may I suggest a slight rewording of that first paragraph to the following:

Work Track 5 will focus on developing proposed recommendations regarding the treatment of geographic names at the top level (both in ASCII and IDN form), including whether such names require consent or non-objection from applicable governmental authorities, evaluation criteria and potential grounds for objection.

This shorter rewording moves the consent or non-objection part up in the paragraph from where it is now.  The new wording does not preclude any discussions on “approvals” nor does it implicitly endorse an approval-based model.  It (hopefully) is neutral and by virtue of having the word “consent” in the paragraph will naturally lead to discussions on how one obtains consent or non-objection if required.

In addition, the term consent is already in the Applicant Guidebook, so it is a term that we are all familiar with.  And finally, according to http://www.thesaurus.com/browse/consent, the term “Consent” is synonymous with, “approval, assent, authorization, permission, allowance, acquiescence”, etc.

This is being provided as a suggestion only to move forward the conversation.  It is not being provided in any official capacity.

Jeffrey J. Neuman

Senior Vice President |Valideus USA | Com Laude USA

1751 Pinnacle Drive, Suite 600

Mclean, VA 22102, United States

E: jeff.neuman at valideus.com<mailto:jeff.neuman at valideus.com> or jeff.neuman at comlaude.com<mailto:jeff.neuman at comlaude.com>

T: +1.703.635.7514<tel:+1%20703-635-7514>

M: +1.202.549.5079<tel:+1%20202-549-5079>

@Jintlaw

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