[Gnso-newgtld-wg] [Ext] RE: Proposed agenda - New gTLD Subsequent Procedures PDP WG - 8 October 2018 at 15:00 UTC
Justine Chew
justine.chew at gmail.com
Thu Oct 11 12:44:55 UTC 2018
Could I get some clarity on the proposed text/language regarding the third
option as highlighted in yellow below please.
- A third option a Working Group Member proposed was allowing certain
types of private resolutions, but disallowing others. For example, as
discussed in several sections of the Initial Report and in this
Supplemental Initial Report, many Working Group members favored allowing
applicants in a contention set to change their applied-for-string if that
change is mutually agreed by the members of the contention set and the
newly changes strings (a) were reasonably related to the original
applications and (b) did not move the applicants’ newly selected strings
into a different contention set. Under this option, the Working Group
member proposed that changes would need to be approved by ICANN. Another
Working Group member noted that under this option, any proposed newly
selected string that ICANN intended to approve would need to be (a) subject
to name collision risk assessment, (b) put out for public comment and (c)
open to established Objection procedures. If parties are found to have
engaged in non-acceptable forms of private resolution, that will result in
(a) withdrawing of an application – if an agreement was not signed by the
time it is discovered, or (b) forfeiture of the registry (if after a
contract is signed). Some members of the Working Group, however, were
not comfortable in putting ICANN in a position of approving (or
disapproving) mechanisms of private resolution.
1) If parties are found to have engaged in non-acceptable forms of private
resolution, that will result in withdrawing of an application. Should it
not result in a termination or dismissal of an application? "Withdrawing"
implies that the applicant has a choice, or is that what was intended by
author of this text and/or WG?
2) Is the term "agreement" in part (a) meant to be the same thing as the
term "contract" in part (b)? Can we be specific about what agreement or
contract these are meant to be?
Thanks,
Justine Chew
-----
On Thu, 11 Oct 2018 at 07:58, Aikman-Scalese, Anne <AAikman at lrrc.com> wrote:
> Probably “in addition”.
>
> Thank you,
>
> Anne
>
>
>
> *Anne E. Aikman-Scalese*
>
> Of Counsel
>
> 520.629.4428 office
>
> 520.879.4725 fax
>
> AAikman at lrrc.com
>
> _____________________________
>
> Lewis Roca Rothgerber Christie LLP
>
> One South Church Avenue, Suite 2000
>
> Tucson, Arizona 85701-1611
>
> lrrc.com
>
>
>
>
>
> *From:* Steve Chan [mailto:steve.chan at icann.org]
> *Sent:* Tuesday, October 09, 2018 9:22 PM
> *To:* Aikman-Scalese, Anne; gnso-newgtld-wg at icann.org
> *Subject:* Re: [Ext] RE: [Gnso-newgtld-wg] Proposed agenda - New gTLD
> Subsequent Procedures PDP WG - 8 October 2018 at 15:00 UTC
>
>
>
> Dear Anne, apologies, the email below was sitting unsent. Below is
> confirmation that your suggestion was integrated, but also a
> questions/suggestion for your and the WG’s consideration.
>
>
>
>
>
>
>
> Your suggestion has been added to the working draft, although I wonder if
> this is more applicable to the section on change requests, where the topic
> of string changes is talked about more fully? Specifically, it might make
> sense to add to this block of text in section 1.4.d instead (or in
> addition?):
>
>
>
> Implementation Guidance: Some examples to consider in allowing for a new
> string to be selected include prepending/appending a new element to the
> original string or selecting a string that is closely related to the
> class/sector of the original string. ICANN org must perform a re-evaluation
> of the new applied-for string in all string related evaluation elements
> (e.g., DNS Stability, String Contention, etc.) and the application for the
> new string would be subject to string related objections (e.g., String
> Confusion Objections, Legal Rights Objections, etc.). The applicant may be
> responsible for additional, material costs incurred by ICANN due to
> re-evaluation and the application could be subject to delay.
>
>
>
> Best,
>
> Steve
>
>
>
> *From: *"Aikman-Scalese, Anne" <AAikman at lrrc.com>
> *Date: *Tuesday, October 9, 2018 at 8:35 AM
> *To: *Steve Chan <steve.chan at icann.org>, "gnso-newgtld-wg at icann.org" <
> gnso-newgtld-wg at icann.org>
> *Subject: *[Ext] RE: [Gnso-newgtld-wg] Proposed agenda - New gTLD
> Subsequent Procedures PDP WG - 8 October 2018 at 15:00 UTC
>
>
>
> Thanks Steve. As mentioned on yesterday’s call, I have comments and
> language for the last bullet point under 1.2 (d). After considering this
> language more carefully, please see the following change in red:
>
>
>
> - A third option a Working Group Member proposed was allowing certain
> types of private resolutions, but disallowing others. For example, as
> discussed in several sections of the Initial Report and in this
> Supplemental Initial Report, many Working Group members favored allowing
> applicants in a contention set to change their applied-for-string if that
> change is mutually agreed by the members of the contention set and the
> newly changes strings (a) were reasonably related to the original
> applications and (b) did not move the applicants’ newly selected strings
> into a different contention set. Under this option, the Working Group
> member proposed that changes would need to be approved by ICANN. Another
> Working Group member noted that under this option, any proposed newly
> selected string that ICANN intended to approve would need to be (a) subject
> to name collision risk assessment, (b) put out for public comment and (c)
> open to established Objection procedures. If parties are found to
> have engaged in non-acceptable forms of private resolution, that will
> result in (a) withdrawing of an application – if an agreement was not
> signed by the time it is discovered, or (b) forfeiture of the registry (if
> after a contract is signed). Some members of the Working Group, however,
> were not comfortable in putting ICANN in a position of approving (or
> disapproving) mechanisms of private resolution.
>
>
>
>
>
>
>
> *Anne E. Aikman-Scalese*
>
> Of Counsel
>
> 520.629.4428 office
>
> 520.879.4725 fax
>
> AAikman at lrrc.com
>
> _____________________________
>
> [image: cid:image003.png at 01D45FAA.F2083450]
>
> Lewis Roca Rothgerber Christie LLP
>
> One South Church Avenue, Suite 2000
>
> Tucson, Arizona 85701-1611
>
> lrrc.com [lrrc.com]
> <https://urldefense.proofpoint.com/v2/url?u=http-3A__lrrc.com_&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=UAy6fqdE7uFkRCc7uzN4yui8bwTtqofadZHiQEIO1vw&m=MVx0nzP4joDJOrsrpDF6OMtXVUS0lLxK-EifC9k1Grs&s=kRn6INeSNhomMcZYjjR0SnPQrxI8W_TeXJQxYagqzvU&e=>
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>
> *From:* Gnso-newgtld-wg [mailto:gnso-newgtld-wg-bounces at icann.org
> <gnso-newgtld-wg-bounces at icann.org>] *On Behalf Of *Steve Chan
> *Sent:* Friday, October 05, 2018 2:42 PM
> *To:* gnso-newgtld-wg at icann.org
> *Subject:* [Gnso-newgtld-wg] Proposed agenda - New gTLD Subsequent
> Procedures PDP WG - 8 October 2018 at 15:00 UTC
>
>
>
> Dear WG Members,
>
>
>
> Please find the proposed agenda for the New gTLD Subsequent Procedures PDP
> WG meeting scheduled for 8 October 2018 at 15:00 UTC, for 90 minutes.
>
>
>
> 1. Agenda review/SOIs
> 2. Supplemental Report: Review of sections 1.1, 1.2, 1.3, 1.4, and 1.5
> continued
> 3. Planning for ICANN63
> 4. AOB
>
>
>
> For agenda item 2, please find the latest draft, which accepted all
> red-lined edits made prior to the 2 October meeting (you can find that
> draft here: https://community.icann.org/x/4QirBQ). As it was anticipated
> that changes would be non-trivial, it was believed that accepting red-lines
> prior to making new proposed edits would improve the readability of this
> latest draft.
>
>
>
> For Item 3, we will further discuss plans for the sessions scheduled for
> day 1 of ICANN63, Saturday 20 October (see the published schedule here: https://63.schedule.icann.org/meetings
> [63.schedule.icann.org]
> <https://urldefense.proofpoint.com/v2/url?u=https-3A__63.schedule.icann.org_meetings&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=UAy6fqdE7uFkRCc7uzN4yui8bwTtqofadZHiQEIO1vw&m=MVx0nzP4joDJOrsrpDF6OMtXVUS0lLxK-EifC9k1Grs&s=OwbIxWSvUzEgvtmZSrNRFzGFNaHSTIyaP-H3NDPwC7c&e=>
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>
>
>
> Those signed up as Members to this PDP WG should have received meeting
> information from the SOAC Support team. If you did not receive these
> participation details or if you would like to send your apologies, please
> contact the SOAC Support team (gnso-secs at icann.org).
>
>
>
> Best,
>
> Steve 2
>
>
>
>
>
> *Steven Chan*
>
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