[Gnso-newgtld-wg-wt5] Proposed Agenda - Work Track 5 - 7 August 2019 at 20:00 UTC

Mike Rodenbaugh mike at rodenbaugh.com
Wed Aug 7 17:57:30 UTC 2019


I agree with Heather, Sophie and others.  My view is we should be pushing
the other way, to make clear that governments do NOT have geo priority
rights in the ICANN system.  Too many governments exercised more power,
within the amorphous ICANN system, than they could possibly ever have
justified under international law or even their own domestic law.  Those
include the Amazon governments, the Persian Gulf governments, and the
government of Montenegro (home of the not-famous "Bar" province), and of
course the Spa fiasco.  They deserve no more protection now.

I suggest a rule that if a name is not clearly listed as a capital city,
etc., on a defined list appended to the AGB, then that name is free for
anyone to operate as a TLD.  That is the certainty that applicants deserve
from ICANN, without regard to unforeseen whims of government bureaucrats.

Mike Rodenbaugh
RODENBAUGH LAW
tel/fax:  +1.415.738.8087
http://rodenbaugh.law


On Wed, Aug 7, 2019 at 9:28 AM Sophie Hey <sophie.hey at valideus.com> wrote:

> Dear all,
>
>
>
> I agree with Heather’s points articulated below. In particular, that ICANN
> should not:
>
>    - Be used as a body to enforce domestic law;
>    - Determine against whom domestic law should/should not be enforced;
>    - Impose prioritisation of “geographic” terms that is only mandated in
>    some domestic laws on all applicants.
>
>
>
> Further, ICANN has moved away from their original proof of concept
> application process for gTLDs. I am concerned that prioritising geo use
> would move back towards ICANN making value judgments about individual
> applications – something which the community has previously decided
> against.
>
>
>
> Kind regards,
>
>
>
>
>
>
> *Sophie Hey *Policy Advisor
> *Valideus*
> D: +44 (0) 20 7421 8252
> E: sophie.hey at valideus.com
>
>
>
> *From:* Gnso-newgtld-wg-wt5 <gnso-newgtld-wg-wt5-bounces at icann.org> *On
> Behalf Of *Heather Forrest
> *Sent:* 07 August 2019 12:20
> *To:* Katrin Ohlmer | DOTZON GmbH <ohlmer at dotzon.com>
> *Cc:* gnso-newgtld-wg-wt5 at icann.org
> *Subject:* Re: [Gnso-newgtld-wg-wt5] Proposed Agenda - Work Track 5 - 7
> August 2019 at 20:00 UTC
>
>
>
> Dear Katrin, all,
>
>
>
> I do not support the changes to the AGB that are proposed here, because I
> do not believe that there is a sufficient rationale for making these
> changes. Among the many things about which we disagree in WT5, I hold onto
> our shared understanding that the GNSO Council, the ICANN Board, and the
> broader community will demand that we provide a clearly articulated,
> reasonable rationale for any changes to the AGB. There isn't a clear
> rationale here for eliminating an independent Geographic Names Panel that
> makes arms length, neutral evaluations of applications.
>
>
>
> The proposed change A to Module 4 imposes on all applicants a requirement
> of certain countries' domestic law that has no equivalent in international
> law. I'm not at all arguing against prioritisation requirements in the
> domestic law of any country, and no ICANN policy can take away those rights
> created under a country's domestic law. Those rights will always be
> recognised in national courts, and enforceable against (and only against)
> those subject to the law of that jurisdiction. ICANN is not an appropriate
> body to enforce domestic law or even, taking a step back, to determine
> against whom domestic law should/should not be enforced (we can imagine
> disputes here in interpretation of, for example, "if the applicant for the
> geoTLD is based in a country where national law gives precedent to city
> and/or regional names").
>
>
>
> The proposed change B to Module 4 likewise gets ICANN into the business of
> deeming one party (larger population) as having more right than another
> party (smaller population). Again, problems of interpretation are
> inevitable (ie, where are the boundaries when counting population, etc),
> and more importantly, this imposes a prioritisation that is mandated in
> only some domestic laws on all applicants, including those who are not
> otherwise subject to those laws. ICANN policy should, of course, not impede
> the enforceability of domestic law, but it is not ICANN's job to be the
> enforcer. We can analogise here, love it or not, to the EPDP - the pre-GDPR
> WHOIS protocol embedded in the RAA and RRA made it impossible for
> contracted parties subject to the GDPR to comply with that law. The EPDP's
> job is not to develop a policy that enforces GDPR, but rather to develop a
> policy under which it is possible for those parties subject to that law to
> comply with both ICANN contractual requirements and that law - it isn't
> ICANN's role to determine who is subject to the GDPR, but simply to make
> that compliance possible under the ICANN contractual framework.
>
>
>
> I am concerned that we have now moved so far away in WT5 from the original
> 2007-2008 principles of the GNSO, which upheld what was even then a
> longstanding tradition in ICANN policy of not putting ICANN in the position
> of having to make prioritsation decisions, ie, not determining one party as
> being more worthy than another. We struggled with concepts like auctions
> and so forth in 2007-2008 and in the years since to resolve conflicts, but
> the driving force behind those ideas was always to provide an equal and
> fair opportunity unless international legal principles said otherwise. The
> specific body of international law on geographic names has not changed
> since then, so I do not feel that we are in a position to deviate from
> those now, as regards this proposal or indeed any of our recommendations in
> WT5.
>
>
>
> Best wishes,
>
>
>
> Heather Forrest
>
>
>
> On Wed, Aug 7, 2019 at 3:28 AM Katrin Ohlmer | DOTZON GmbH <
> ohlmer at dotzon.com> wrote:
>
> Dear All,
>
>
>
> as announced, I would like to provide the proposal of the geoTLD group on
> the topic 4 „Changes to string contention resolution“:
>
>
>
> *Update Applicant Guidebook, Chapter 2.2.1.4.4 with:*
>
> If an application for a string representing a geographic name is in a
> contention set with applications for identical strings that have not been
> identified as geographical names, the string contention will be resolved
> using the string contention procedures described in Module 4.
>
>
>
> *Update Applicant Guidebook, Module 4. with:*
>
> A// In case there is contention for a string where one application intends
> to use the string as a non-capital city name or designated the TLD to
> targeting it to a geographic meaning, preference should be given to the
> applicant who will use the TLD for geographic purposes if the applicant for
> the geoTLD is based in a country where national law gives precedent to city
> and/or regional names.
>
>
>
> *RATIONALE: This would reflect national law e.g. in countries like
> Switzerland and Germany, where e.g. city names have more rights that
> holders of the same name.*
>
>
>
> B// If there is more than one applicant for an identical string
> representing a geographic name, and the applications have requisite
> government approvals, the applicant with the larger no of inhabitants will
> prevail over the smaller one. As the criteria „size“ has been used in the
> CPE criteria, it is apparently a well-accepted criteria.
>
>
>
> *RATIONALE: This would reflect the current rule of the Applicant Guidebook
> „capital city has priority over smaller city.*
>
>
>
> I’m happy to explain our thoughts until our call, individually or on the
> list.
>
>
>
> Kind regards
>
> Katrin
>
>
>
>
>
> DOTZON GmbH - digital identities for tomorrow
> Akazienstrasse 28
> 10823 Berlin
> Deutschland - Germany
> Tel: +49 30 49802722
> Fax: +49 30 49802727
> Mobile: +49 173 2019240
> ohlmer at dotzon.consulting
> www.dotzon.consulting
>
> Besuchen Sie uns auf LinkedIn
> <https://de.linkedin.com/company/dotzon-gmbh>.
>
>
> DOTZON GmbH
> Registergericht: Amtsgericht Berlin-Charlottenburg, HRB 118598
> Geschäftsführer: Katrin Ohlmer
> Sitz der Gesellschaft: Akazienstrasse 28, 10823 Berlin
>
>
>
> *Von:* Gnso-newgtld-wg-wt5 <gnso-newgtld-wg-wt5-bounces at icann.org> *Im
> Auftrag von *Emily Barabas
> *Gesendet:* Dienstag, 6. August 2019 12:14
> *An:* gnso-newgtld-wg-wt5 at icann.org
> *Betreff:* [Gnso-newgtld-wg-wt5] Proposed Agenda - Work Track 5 - 7
> August 2019 at 20:00 UTC
>
>
>
> Dear all,
>
>
>
> Please find below the proposed agenda for the Work Track 5 call tomorrow,
> 7 August 2019 at 20:00 UTC for 90 minutes:
>
>
>
>    1. Welcome/Agenda Review/SOI Updates
>    2. Closure of Discussion on Languages/Translations (see attached
>    document summarizing proposals that have been discussed on recent calls)
>    3. Closure of Discussion on Non-AGB Terms
>    4. Closure of Discussion on Changes to String Contention Resolution
>    5. Final review of public comments - Proposals 6, 7, 8, 9, 10, and 37
>
> ·       Please see the public comment summary document beginning on page
> 32: https://docs.google.com/document/d/1rsyxCEBd6ax3Rb_w1kms_E9n29XL1_lw3Yp9XQ4TeCY/edit?ts=5ce64d6d#
> [docs.google.com]
> <https://urldefense.proofpoint.com/v2/url?u=https-3A__docs.google.com_document_d_1rsyxCEBd6ax3Rb-5Fw1kms-5FE9n29XL1-5Flw3Yp9XQ4TeCY_edit-3Fts-3D5ce64d6d&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=adDIs0WEx_lLwFfrsdovxTYY8GkRHo5ibc8SR3Npdh8&m=3BiY73bJkVd7CaVAsXrCwy6qPoNUAqdL-VMeZv9TdC4&s=JEegQK-bnMq7iB_tV6AxicCqF3GwM-h0bXIWCEMINpo&e=>
> .
>
> ·       For reference, full text of comments is available at: https://docs.google.com/spreadsheets/d/1WKSC_pPBviCnbHxW171ZIp4CzuhQXRCV1NR2ruagrxs/edit#gid=543808477
> [docs.google.com]
> <https://urldefense.proofpoint.com/v2/url?u=https-3A__docs.google.com_spreadsheets_d_1WKSC-5FpPBviCnbHxW171ZIp4CzuhQXRCV1NR2ruagrxs_edit-23gid-3D543808477&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=adDIs0WEx_lLwFfrsdovxTYY8GkRHo5ibc8SR3Npdh8&m=3BiY73bJkVd7CaVAsXrCwy6qPoNUAqdL-VMeZv9TdC4&s=y5q5Vv5ZFLioDRFYnTxSgnZn6UYnqs9lQvfGjC8BXn4&e=>
>
>    1. AOB
>
> Kind regards,
>
> Emily
>
>
>
>
>
> *Emily Barabas *| Policy Manager
>
> *ICANN* | Internet Corporation for Assigned Names and Numbers
>
> Email: emily.barabas at icann.org | Phone: +31 (0)6 84507976
>
>
>
> _______________________________________________
> Gnso-newgtld-wg-wt5 mailing list
> Gnso-newgtld-wg-wt5 at icann.org
> https://mm.icann.org/mailman/listinfo/gnso-newgtld-wg-wt5
> _______________________________________________
> By submitting your personal data, you consent to the processing of your
> personal data for purposes of subscribing to this mailing list accordance
> with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and
> the website Terms of Service (https://www.icann.org/privacy/tos). You can
> visit the Mailman link above to change your membership status or
> configuration, including unsubscribing, setting digest-style delivery or
> disabling delivery altogether (e.g., for a vacation), and so on.
>
> ------------------------------
> The contents of this email and any attachments are confidential to the
> intended recipient. They may not be disclosed, used by or copied in any way
> by anyone other than the intended recipient. If you have received this
> message in error, please return it to the sender (deleting the body of the
> email and attachments in your reply) and immediately and permanently delete
> it. Please note that the Com Laude Group does not accept any responsibility
> for viruses and it is your responsibility to scan or otherwise check this
> email and any attachments. The Com Laude Group does not accept liability
> for statements which are clearly the sender's own and not made on behalf of
> the group or one of its member entities. The Com Laude Group includes
> Nom-IQ Limited t/a Com Laude, a company registered in England and Wales
> with company number 5047655 and registered office at 28-30 Little Russell
> Street, London, WC1A 2HN England; Valideus Limited, a company registered in
> England and Wales with company number 06181291 and registered office at
> 28-30 Little Russell Street, London, WC1A 2HN England; Demys Limited, a
> company registered in Scotland with company number SC197176, having its
> registered office at 33 Melville Street, Edinburgh, Lothian, EH3 7JF
> Scotland; Consonum, Inc. dba Com Laude USA and Valideus USA, headquartered
> at 1751 Pinnacle Drive, Suite 600, McLean, VA 22102, USA; Com Laude (Japan)
> Corporation, a company registered in Japan having its registered office at
> Suite 319,1-3-21 Shinkawa, Chuo-ku, Tokyo, 104-0033, Japan. For further
> information see www.comlaude.com <https://comlaude.com>
> _______________________________________________
> Gnso-newgtld-wg-wt5 mailing list
> Gnso-newgtld-wg-wt5 at icann.org
> https://mm.icann.org/mailman/listinfo/gnso-newgtld-wg-wt5
> _______________________________________________
> By submitting your personal data, you consent to the processing of your
> personal data for purposes of subscribing to this mailing list accordance
> with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and
> the website Terms of Service (https://www.icann.org/privacy/tos). You can
> visit the Mailman link above to change your membership status or
> configuration, including unsubscribing, setting digest-style delivery or
> disabling delivery altogether (e.g., for a vacation), and so on.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/gnso-newgtld-wg-wt5/attachments/20190807/f216b4e0/attachment-0001.html>


More information about the Gnso-newgtld-wg-wt5 mailing list