[Gnso-newgtld-wg-wt5] Please respond - straw poll on Early Reveal Process for Adjectival Form of Country Names - deadline Tuesday 10 September at 14:00 UTC

McGrady, Paul D. PMcGrady at taftlaw.com
Tue Sep 10 11:58:12 UTC 2019


Thanks Alexander.

I’m not sure what fossil fuels have to do with ICANN, and I think it attempts to paint those who aren’t for special geo rights (and are for free speech rights) as the equivalent of the “evil fossil fuel lobbyist” and (of course) paints the extremely small group pushing for special protections for geo terms as the heroic “environmentalist” -- so I won’t respond to that.

As for the second assertion, it sounds like you are disappointed with the outcomes of WT5 on the basis that “example geo-communities” (whatever those undefined entities may be) were to be accorded “especially [special] protect [protections]” for their needs and “fundamental rights” (whatever undefined, and to date unidentified, fundamental rights those may be).  I have seen nothing in ICANN’s bylaws that would support the idea that ICANN has an obligation to ignore the rest of the multistakeholder community and dole out special rights to “example geo-communities.”  Can you point me to the section in the bylaws that supports your notion that “example geo-communities” should be given preferential status in this multistakeholder process?

Best,
Paul


From: Gnso-newgtld-wg-wt5 <gnso-newgtld-wg-wt5-bounces at icann.org> On Behalf Of Alexander Schubert
Sent: Tuesday, September 10, 2019 6:26 AM
To: gnso-newgtld-wg-wt5 at icann.org
Subject: Re: [Gnso-newgtld-wg-wt5] Please respond - straw poll on Early Reveal Process for Adjectival Form of Country Names - deadline Tuesday 10 September at 14:00 UTC

Paul,

In my opinion you are conflating constituency participation with legitimate interests:

If there was a hearing to protect the environment and you had 99 fossil fuel lobbyists and one environmentalist: You could always claim that “close to 100% of the participants objected the suggested protection measures”; even when it only served the fossil fuel industry and would create harm for the general public.

ICANN has the mission to expand the DNS in a meaningful way that serves the interest of the global Internet Community – and especially protects the fundamental rights and needs of for example geo-communities. I certainly do not see that reflected in WT5.
Thanks,

Alexander



From: Gnso-newgtld-wg-wt5 [mailto:gnso-newgtld-wg-wt5-bounces at icann.org] On Behalf Of McGrady, Paul D.
Sent: Dienstag, 10. September 2019 06:01
To: Justine Chew <justine.chew at gmail.com<mailto:justine.chew at gmail.com>>; gnso-newgtld-wg-wt5 at icann.org<mailto:gnso-newgtld-wg-wt5 at icann.org>
Subject: Re: [Gnso-newgtld-wg-wt5] Please respond - straw poll on Early Reveal Process for Adjectival Form of Country Names - deadline Tuesday 10 September at 14:00 UTC

Thanks Justine.  I appreciate your point of view and your taking the time to put it on the list.  While you and I may have a different perspective on what constitutes a “no consensus” outcome on the calls and the list, I do heartily respect the vigor with which you have been participating in these discussions and the genteel tone you always have in your posts and interventions.

Best,
Paul



From: Gnso-newgtld-wg-wt5 <gnso-newgtld-wg-wt5-bounces at icann.org<mailto:gnso-newgtld-wg-wt5-bounces at icann.org>> On Behalf Of Justine Chew
Sent: Monday, September 9, 2019 9:41 PM
To: gnso-newgtld-wg-wt5 at icann.org<mailto:gnso-newgtld-wg-wt5 at icann.org>
Subject: Re: [Gnso-newgtld-wg-wt5] Please respond - straw poll on Early Reveal Process for Adjectival Form of Country Names - deadline Tuesday 10 September at 14:00 UTC

Paul,

I respectfully disagree with your comment about the answer being "no" on both the calls and the list.

It is for the co-leads to decipher the level of support for the question at hand (or any question, for that matter) and I think they have not been able to do so either way with all of WT5 (beyond the folks who have or have not been able to attend the calls) and are attempting to do so with this straw poll.

Since WT5 discussions are available to anyone on the list (at least), I don't think it's fair to say we are "now asked again in a vacuum" to express either support or opposition to the proposal whether to recommend an Early Reveal Process for Adjectival Form of Country Names or not.

Regards,
Justine
-----


On Tue, 10 Sep 2019 at 04:46, McGrady, Paul D. <PMcGrady at taftlaw.com<mailto:PMcGrady at taftlaw.com>> wrote:
Thanks Martin.  While I understand the desire to give voice to those who did not attend the call, it is important to remember that those who would be responding to the straw poll will be doing so without the benefit of having attended the calls and having heard the very detailed back and forth and the reasons why we got to stalemate on the calls (unless, of course they would commit to listening to the call recordings in advance of responding to the straw poll, but there is no request or mechanism for this within the straw poll).  As mentioned before, I think excising this one item out of its context and asking for folks who may not have the benefit of the context to indicate their position is stretching us very far down and really calls into question why we have the calls in the first place and not simply do all of this by listserv and then “straw polls” which are not consensus calls or any other mechanism I am aware of under GNSO operating procedure.  I’m with Robin on this – it just looks like the question is going to keep being asked (on the calls – answer “no”) and asked (on the list – answer “no”) and now asked again in a vacuum (via a straw poll) until the WT finally comes up with the “correct” answer that a narrow group want to see here.

Best,
Paul



From: Martin Sutton <martin at brandregistrygroup.org<mailto:martin at brandregistrygroup.org>>
Sent: Monday, September 9, 2019 3:37 PM
To: McGrady, Paul D. <PMcGrady at taftlaw.com<mailto:PMcGrady at taftlaw.com>>; Robin Gross <robin at ipjustice.org<mailto:robin at ipjustice.org>>; Mike Rodenbaugh <mike at rodenbaugh.com<mailto:mike at rodenbaugh.com>>
Cc: gnso-newgtld-wg-wt5 at icann.org<mailto:gnso-newgtld-wg-wt5 at icann.org>
Subject: Re: [Gnso-newgtld-wg-wt5] Please respond - straw poll on Early Reveal Process for Adjectival Form of Country Names - deadline Tuesday 10 September at 14:00 UTC

Dear Paul, Robin and Mike,

On behalf of the WT5 co-leads, I wanted to reiterate the purpose of the straw poll in relation to the group's discussion around the specific suggestion for adjectival forms.

We have had numerous discussions which helped develop and progress a focused proposal which recently appeared to be gaining acceptance from different (and often opposing) parts of WT5. We note, however, that this was over a number of weeks when the participation on the calls varied, particularly over the holiday season and last week's call illustrated an array of positions as we tried to close off the topic.

As a result, the co-leads decided to conduct a straw-poll to help gauge whether there was interest amongst the whole WT5 to pursue this any further.  This would allow those that had not been able to join last week's meeting and other recent calls to have a say, as well as others that may not feel comfortable speaking directly on the calls.

I appreciate the comments you have included in your emails but would ask that you also submit your response via the straw poll, if not already done so, so we can determine if there is a possibility of the group coming to an agreement to adopt this proposal as a recommendation.

Kind regards,

Martin Sutton
Olga Cavalli
Annebeth Lange
Javier Rua

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On 9 Sep 2019, at 18:16, Mike Rodenbaugh <mike at rodenbaugh.com<mailto:mike at rodenbaugh.com>> wrote:

Agreed.

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


On Mon, Sep 9, 2019 at 9:32 AM Robin Gross <robin at ipjustice.org<mailto:robin at ipjustice.org>> wrote:
Paul has summed up my concerns on this poll as well.  Is the plan to just keep asking the question until we get a different answer?  Because that is what it looks like now.

Thanks,
Robin

On Sep 9, 2019, at 6:10 AM, McGrady, Paul D. <PMcGrady at taftlaw.com<mailto:PMcGrady at taftlaw.com>> wrote:

Co-chairs,

I don’t understand the purpose of this straw poll.  It was pretty clear on our last call that there was no stomach for any further expansion of geo term special rights.  While I did try find a way forward, there were just too many slippery slope tack-ons and too many voices, including the USG’s (representing 330 million people) indicating no interest.  So, what is the purpose of the poll?  Is it meant to revive the conversation?  We were told on the call that the conversation is closed.

Also, there are no qualifications within the poll.  If it said “can you accept this proposal and will stop pushing for other lists, etc.” and/or “can you accept this proposal and agree not tack-on slippery slope additions such as extended time for governments to object” or that sort of thing, the poll might be interesting (assuming we re-open something that was declared closed on the list, which I don’t think we should be doing).

I don’t think it is fair to excise out one concept without closing off all the other wish list ideas presented by others.  My concern is that the purpose of the poll is just to create a new baseline upon which all others can then tack-on all the other overreaching ideas and wish lists they want.

Best,
Paul




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From: Gnso-newgtld-wg-wt5 <gnso-newgtld-wg-wt5-bounces at icann.org<mailto:gnso-newgtld-wg-wt5-bounces at icann.org>> On Behalf Of Emily Barabas
Sent: Friday, September 6, 2019 5:06 AM
To: gnso-newgtld-wg-wt5 at icann.org<mailto:gnso-newgtld-wg-wt5 at icann.org>
Subject: [Gnso-newgtld-wg-wt5] Please respond - straw poll on Early Reveal Process for Adjectival Form of Country Names - deadline Tuesday 10 September at 14:00 UTC

Sent on behalf of the WT5 Co-Leaders:


Dear Work Track 5 members,

On the call yesterday, we discussed whether it might be possible to come to an agreement to make a recommendation regarding an Early Reveal Process for Adjectival Form of Country Names. To gather input from all members, including those who were not able to join the call yesterday, the co-leaders would like to hold a straw poll to get a sense of the different perspectives. Note that this is not a vote and will not be treated as such.

Please take a moment to respond here: https://www.surveymonkey.com/r/R77ZLQK. Please respond before Tuesday 10 September at 14:00 UTC.

Note that if the Work Track is able to come to an agreement to put forward this recommendation, this is the only recommendation Work Track 5 will make on the topic of Additional Categories of Terms Not Included in the 2012 Applicant Guidebook. If the Work Track is not able to come to an agreement to put forward this recommendation, the Work Track will not make a recommendation on this topic to the full Working Group.

Kind regards,
WT5 Co-Leaders
Olga Cavalli, Annebeth Lange, Javier Rúa-Jovet, Martin Sutton





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