[Gnso-newgtld-wg-wt5] WT5 Agenda, Work Plan & Consensus Call on Country & Territory Names - Please review before our call.

Tue Aug 7 05:46:50 UTC 2018

All,

Carlos wrote:

I just don't agree that the sole recommendation of WT5 that is going to be
measure is a negative one: to restrict delegation of most geographic names.
In my view recommendations should be framed in a positive manner, if
possible.

This reminded me that we have so far talked almost exclusively about what
are generally called "preventive" processes (reserve lists, permission
requirements, blocking lists, etc.), and very little about what are
generally called "curative" processes (objections, dispute resolution
processes, challenge processes, etc.).  By doing so, we've taken half the
tools out of the toolkit.

I just finished working on the reconvened IGO-INGO Preventive Rights WG
where we were dealing (at this point) with reserving/restricting national
Red Cross/Red Crescent society names.  In this case, a preventive rights
approach made sense -- the names of the various national societies are
essentially unique, identified only with that one entity, third party uses
are almost certainly done in bad faith and with bad intent, and there's no
real underlying policy disagreement.  In some cases (e.g., name collisions,
certain reserved names) there is also a strong technical component.  This
is how preventive rights have generally been used in ICANN policy -- for
"slam-dunk" cases.

There are few, if any, "slam-dunk" cases in our work.  A good case can be
made for 2-letter letter-letter combinations.  Perhaps a good case can be
made for some of the remaining classifications in this first set or
potential recommendations.  However, as we move "down the list", so to
speak, we get further away from "slam-dunk" situations.  We could
potentially make more headway on some of the classifications of names if we
considered "curative" processes, instead of being so intensely focused on
"preventive" rights.  This tends to turn our discussions into "all or
nothing" choices -- but this is a false menu, since there are other options
aside from the binary "all/nothing" that should be on the menu.

Let's keep this in mind as we move forward.

Greg

On Mon, Aug 6, 2018 at 6:34 PM Robin Gross <robin at ipjustice.org> wrote:

> I agree with Paul and think we should declare agreement where we have it,
> and build on that to find other agreement down the line.  The process is
> supposed to involve incremental steps and building blocks along the way,
> and that is how we will eventually arrive at a consensus.  To take the
> “nothing until everything” approach will keep us spinning our wheels
> indefinitely, cause confusion, and risks unexpected results, which is in no
> one’s interest.
>
> Best,
> Robin
>
> On Aug 6, 2018, at 2:16 PM, McGrady, Paul D. <PMcGrady at winston.com> wrote:
>
> I’m a little concerned with the “Nothing is agreed until everything is
> agreed” approach.  This isn’t a contract negotiation, it is a consensus
> building exercise.  If we have to wait until every topic has been discussed
> and we think we have 100% agreement on all topics before we take a
> consensus call on individual topics, this WG will never find an end point.
>
> Best,
> Paul
>
>
>
> *From:* Gnso-newgtld-wg-wt5 <gnso-newgtld-wg-wt5-bounces at icann.org> *On
> Behalf Of *lists at christopherwilkinson.eu Wilkinson
> *Sent:* Monday, August 6, 2018 4:09 PM
> *To:* Martin Sutton <martin at brandregistrygroup.org>
> *Cc:* gnso-newgtld-wg-wt5 at icann.org
> *Subject:* Re: [Gnso-newgtld-wg-wt5] WT5 Agenda, Work Plan & Consensus
> Call on Country & Territory Names - Please review before our call.
>
>
> Dear Co-Leads and Martin:
>
> I disagree with the method proposed.
>
> 1. It is premature to start consensus calls on certain restricted topics
> when other more critical topics have not yet been discussed.
>
> 2.  Nothing is agreed until everything is agreed.
>
> Regards
>
> CW
>
>
>
>
>
> El 6 de agosto de 2018 a las 21:06 Martin Sutton <
> martin at brandregistrygroup.org> escribió:
>
> Hi Christopher,
>
> In order to progress the building of the Initial Report, the agenda is
> designed to focus on how we will achieve this and begin to gather
> recommendations where we find consensus. Item 4 was raised on the last call
> and members were requested to continue discussions over the email list,
> although this has been somewhat quiet probably due to holiday periods.
>
> We encourage you to use the email list for elaborating on non-AGB
> categories, this will then help towards further discussions on the call. By
> experience of the discussions relating to non-capital cities, please
> provide a sound argument/rationale for any suggestions for the group to
> consider, rather than simply stating a request.
>
> Kind regards,
>
>
> Martin
> Sent from my iPhone
>
>
> On 6 Aug 2018, at 15:25, lists at christopherwilkinson.eu Wilkinson <
> lists at christopherwilkinson.eu> wrote:
>
> Dear Co-Leads:  May I request that point 4 of the proposed agenda be moved
> up to point 1.
>
> Some participants, including myself, have only persevered with WT5
> in-order to discuss the non-AGB terms.
>
> These include :
>
> -  all other geographical terms
>
> -  geographical indications
>
> -  several groups of regional, cultural, economic and linguistic names.
>
> Thankyou and regards
>
> Christopher Wilkinson
>
> El 6 de agosto de 2018 a las 14:42 Martin Sutton <
> martin at brandregistrygroup.org> escribió:
> Dear Work Track members,
>
> Please find below the proposed agenda for the WT5 call on Wednesday 8
> August at 13:00 UTC:
>
> 1. Welcome/Agenda Review/SOI Updates
> 2. Review of Consensus Call Process and Work Plan
> 3. Consensus Call on Country and Territory Names
> 4. Wrap Up - Non-AGB Terms
> 5. AOB
>
> On our upcoming call, the leadership team will introduce a work plan aimed
> at wrapping up WT5’s work and delivering an Initial Report by the end of
> September. In maintaining this timeline, the leadership is seeking to
> ensure that Work Track 5 inputs can be effectively integrated into the work
> of the broader New gTLD Subsequent Procedures PDP Working Group in time for
> delivery of the PDP’s Final Report. A copy of the work plan is attached.
>
> As outlined in the work plan, the leadership team will be holding a series
> of consensus calls on potential recommendations to include in WT5’s Initial
> Report. These will be introduced in clusters, with the first set of
> recommendations focusing on country and territory names. The draft
> recommendations, which will be discussed on Wednesday, are attached. *Work
> Track members are encouraged to review and provide feedback on these draft
> recommendations prior to the call on Wednesday*. The leadership team will
> officially open the consensus call on this topic following Wednesday’s
> call. For more information on the consensus call process that will be
> followed, please see the GNSO Working Group Guidelines, Section 3.6:
> https://gnso.icann.org/sites/default/files/file/field-file-attach/annex-1-gnso-wg-guidelines-18jun18-en.pdf
>  [gnso.icann.org]
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> apology, please email gnso-secs at icann.org.
>
> Kind regards,
>
> WT5 Co-Leads
> Annebeth Lange
> Javier Rua
> Olga Cavalli
> Martin Sutton
>
>
>
>
>
>
>
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