[Gnso-newgtld-wg-wt5] Notes & Action Items - New gTLD Subsequent Procedures PDP Work Track 5 - 21 August 2019

Wed Aug 21 13:31:33 UTC 2019

Dear Work Track 5 members,

Please see below the action items and notes from the Work Track 5 meeting on 21 August 2019.  These high-level notes are designed to help WT5 members navigate through the content of the call and are not a substitute for the recording, transcript, or the chat, which will be posted on the wiki at: https://community.icann.org/display/NGSPP/2019-08-21+New+gTLD+Subsequent+Procedures+PDP+Work+Track+5.

Kind regards,
Julie
Julie Hedlund, Policy Director

Notes and Action Items:

Actions:

ACTION ITEM 1 re: Final Discussion and Closure of Discussion on Non-AGB Terms: Continue discussion on email list to close on 28 August. (See attached slides for propoposal(s))
ACTION ITEM 2 re: Closure of Discussion on Changes to String Contention Resolution: Continue discussion on email list to close on 28 August. (See attached slides for propoposal(s))
ACTION ITEM 3 re: Closure of Discussion on Non-Capital City Names: Continue discussion on email list to close on 28 August. (See attached slides for propoposal(s))
ACTION ITEM 4 re: Send comments/suggestions to the email list if there is specific support for further discussion.  See 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=>
ACTION ITEM 5 re Geo Names Panel: Develop a definition.

Notes:

1. Updates to Statements of Interest: No updates provided.

2. Final Discussion and Closure of Discussion on Non-AGB Terms:

-- Some support for Jorge’s proposal.
-- Support for notification.  Modification: ICANN geopanel to notify the applicant (variant from Alexander to Jorge’s proposal).
-- What would happen after notification?  Answer: No requirement after notification.
-- If ICANN is doing the notification then that would solve compliance.
-- Not sure understand the purpose of notification when all applications will be revealed.
-- System records on delivery of notifications may need to be considered.
-- Not sure how this proposal improves predictability or transparency for the parties.
-- Not all countries are following what is going on, so if they can be notified that will help to diminish the conflict.
-- It improves awareness of applicants to “problematic” strings and improves awareness of governments as to applications as to applications for such problematic strings.
-- Only a notification, not a creation of rights or expectation of conflict.
-- Might need more language that this is not creating a right/outcome as to grounds.
-- What is a “term with geographic meaning”?  Answer: No specific meaning, so rely on lists.
-- More clarity around this would be welcome, especially with respect to exact match limitation and agree with those who feel that closure must await a chance for all to weigh in.
-- How would a government know what to put on the list?  Answer: Governments should know their national law.
-- Concerns that we are ignoring the context of the proposed TLD and whether it will or will not create an association with a place.
-- Governments that want to protect place names within their jurisdictions use different level of instruments for that.  That’s why “national law and public policy” is an appropriate formulation.
-- ACTION: Continue discussion on email list to close on 28 August.

3. Closure of Discussion on Changes to String Contention Resolution:

-- Does part B apply to non-capital city name strings only?
-- Significant opposition to this proposal on the list and during the last meeting.
-- Concerns about priority.  Applicant goes to the top of the list (that meet the criteria).
-- Imposes one country’s national law on all concerns, regardless of location.
-- ACTION: Continue discussion on email list to close on 28 August.

4. Closure of Discussion on Non-Capital City Names:

-- Don’t support.  Should not promote adoption of anything “as taken” best to have specific text declared for avoidance of doubt.
-- Think the new text makes sense.
-- Concerned about “intent” as this opens the door to amendments.
-- Seems like the new text adds more clarity and reassurance.
-- Concerns about the word “primarily”.  This opens for using the TLD not only as a .brand, but also for other use as a generic TLD with subdomains.
-- Some support for the text and concern for the wording.
-- Add that the TLD is to be exclusively for .brand use?
-- Could be a mention that applying under spec 13 is an “indication that your intended use is non geographic”.
-- Why can the applicant be compelled to state their intentions clearly and completely instead of having something stated considered being “taken as” more?
-- They would be stating their intention quite clearly.  Concern could be addressed by tweaking the drafting.
-- ACTION: Give it another week for discussion.

5. Final review of public comments - Proposals on Change to Scope of Protections/Restrictions:

Proposal 8: Some support, some opposition.
Proposal 9: Some support, some opposition.
ACTION: Send comments/suggestions to the email list if there is specific support for further discussion.
 General ACTION: Define geo names panel.
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