[gnso-rpm-wg] Action Items from Review of all RPMs in all gTLDs PDP Working Group Call - 31 May 2017

Phil Corwin psc at vlaw-dc.com
Thu Jun 8 14:58:16 UTC 2017


Mike, and other WG members:

On last night’s WG call it was agreed to that the co-chairs suggested questions are a strawman and that the subteam is free to adopt, reject, or rewrite any of them, as well as add questions of its own that it believes are relevant to understanding the interrelationship between the mandated RPMs and the additional ones supplied by the marketplace, and to informing our ongoing policy discussion.

Therefore, the starting documents for the subteam will be the co-chairs memo, the markup of same performed by Jon and added to by others, and any email threads from the WG list relating to the subteam’s work. The first order of business for the subteam will be to agree upon the questions it will address. The subteam will be tasked with reporting back to the full WG a refined list of questions along with identified available data and additional data needs. All subsequent discussion related to answering those questions will occur at the full WG level.

I hope that is clear and satisfactory. The subteam is now up to 18 members plus the co-chairs in an ex officio capacity, and interested WG members who have not yet joined the subteam are welcome to do so. We intend to schedule the subteam’s first meeting next week, probably in a Friday time slot.

Best regards, Philip

Philip S. Corwin, Founding Principal
Virtualaw LLC
1155 F Street, NW
Suite 1050
Washington, DC 20004
202-559-8597/Direct
202-559-8750/Fax
202-255-6172/Cell

Twitter: @VlawDC

"Luck is the residue of design" -- Branch Rickey

From: gnso-rpm-wg-bounces at icann.org [mailto:gnso-rpm-wg-bounces at icann.org] On Behalf Of Mike Rodenbaugh
Sent: Thursday, June 08, 2017 3:54 AM
To: Dorrain, Kristine
Cc: gnso-rpm-wg at icann.org
Subject: Re: [gnso-rpm-wg] Action Items from Review of all RPMs in all gTLDs PDP Working Group Call - 31 May 2017

I agree with Kristine, Jon and Susan.  This WG already has a ton of work to do, and really has barely scratched the surface on its real work.  We must not add more to the scope unless mandated by the full GNSO Council.

Thanks,
Mike

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

On Wed, Jun 7, 2017 at 6:00 PM, Dorrain, Kristine via gnso-rpm-wg <gnso-rpm-wg at icann.org<mailto:gnso-rpm-wg at icann.org>> wrote:
I fully support Jon’s and Susan’s edits.  I agree that the chair’s statement should be a considered a straw person proposal and that members have the right to request that statements outside the scope of the Charter be stricken.

Question 5 is well beyond the scope of this WG and is a very slippery slope.

Unfortunately, I cannot make the call this evening.  I strongly support not allowing the sub team to start work until the WG as a whole has determined what the proper scope is.

Thanks,

Kristine

From: gnso-rpm-wg-bounces at icann.org<mailto:gnso-rpm-wg-bounces at icann.org> [mailto:gnso-rpm-wg-bounces at icann.org<mailto:gnso-rpm-wg-bounces at icann.org>] On Behalf Of Jeremy Malcolm
Sent: Wednesday, June 07, 2017 3:33 PM
To: gnso-rpm-wg at icann.org<mailto:gnso-rpm-wg at icann.org>
Subject: Re: [gnso-rpm-wg] Action Items from Review of all RPMs in all gTLDs PDP Working Group Call - 31 May 2017

I disagree. I have some problems with these comments/edits.  It seems to me that:

1. Deleting segments of the joint statement by the co-chairs is inappropriate. The chairs have every right to express their views, as the subteam has every right to express theirs.

2. Editing out Question #5 is inappropriate - how the ICANN staff, board and community review and approve private RPMs is a very important part of the transparency and accountability process of the RPMs process.

3. Question #9 comparing the ICANN Community's rejection of the GPML (globally protected marks list) with the DPML privately sold to trademarks owners (Domains Protected Marks List) is a very valid inquiry that, of course, the WG subteam should review, consider and debate. Handcuffing the subteam upfront seems inappropriate.

4. Titles - what we call the Private RPM Protections should be something for the WG to decide (they are certainly not voluntary for registrants!)

I favor the original chairs' draft.
On 4/6/17 12:36 pm, Greg Shatan wrote:
I support Jon's edits and share his concerns regarding the scope and charge of this group.

I also think the spirit of bottom-up policy development supports taking changes to the document, rather than hanging on to the chairs' draft, which should be considered a strawman.

Greg

On Sun, Jun 4, 2017 at 2:33 PM Phil Corwin <psc at vlaw-dc.com<mailto:psc at vlaw-dc.com>> wrote:
Jon:

I can’t speak for the other two co-chairs, but so far the task of our subteams has been largely confined to refining and filling gaps in the draft questions, and identifying the data needed to provide answers and the feasibility of finding such data. I would think that would be the same for the subteam doing scout work on these non-mandated, market-supplied RPMs.

I guess we may have some further discussion of what we are seeking this subteam to do during Wednesday’s call, but once we hand it off to them the subteam members will get into the details and decide how to proceed.

I welcome further thoughts from the other co-chairs, or from any WG members.

Best, Philip

From: Jon Nevett [mailto:jon at donuts.co<mailto:jon at donuts.co>]
Sent: Sunday, June 04, 2017 1:36 PM
To: Phil Corwin
Cc: Jon Nevett; Scott Austin; Susan Payne; Mary Wong; Greg Shatan; icannlists; gnso-rpm-wg at icann.org<mailto:gnso-rpm-wg at icann.org>

Subject: Re: [gnso-rpm-wg] Action Items from Review of all RPMs in all gTLDs PDP Working Group Call - 31 May 2017

Thanks Phil. I'd like the co-chairs agreement that the sub-group's charge is limited to such information gathering. Otherwise, we do have an issue for the full committee and I would object to the sub-group starting work without knowing the scope of its work.

Best,

Jon

On Jun 4, 2017, at 1:08 PM, Phil Corwin <psc at vlaw-dc.com<mailto:psc at vlaw-dc.com>> wrote:
Thanks for your feedback, Jon, and for your proposed edit of the draft Subteam questions.

I appreciate your agreement “that information about additional protections voluntarily offered by some registries in the marketplace may be helpful to the WG in evaluating the actual RPMs that we are chartered to review”, as that is consistent with the Co-Chairs’ view that we have to understand the full scope of and interplay between available RPMs – ICANN-mandated plus additional services provided by the TMCH and registries – to comprehend the entire ecosystem and make informed decisions going forward.

On Friday’s Co-chair call we reached general agreement that further development of the draft questions prepared by us should fall to the Subteam charged with reviewing and refining them and then sending them back to the full WG for additional work. Hopefully the subteam members will reach consensus on the scope of our inquiry and their consistency with our Charter.

As the discussion on Wednesday’s call of this subject should be largely confined to our decision to delegate further refinement you shouldn’t miss much and in any event will be able to review the mp3 and transcript. I believe that you have volunteered to be a subteam member so you can are assured that your views will be fully considered as it engages.

Best regards, Philip

From: Jon Nevett [mailto:jon at donuts.email]
Sent: Friday, June 02, 2017 6:26 PM
To: Scott Austin
Cc: Susan Payne; Phil Corwin; Mary Wong; Greg Shatan; icannlists; gnso-rpm-wg at icann.org<mailto:gnso-rpm-wg at icann.org>
Subject: Re: [gnso-rpm-wg] Action Items from Review of all RPMs in all gTLDs PDP Working Group Call - 31 May 2017

WG Members:

I would like to remind folks that our Phase 1 charter defines the RPMs for us to review as the URS; the TMCH and as used in Sunrise and Trademark Claims; and the PDDRP.  We are not chartered to evaluate Commercial Online Protection Services; Non-Mandated RPMs; Registry Specific RPMs; Voluntary Registry Protections; Voluntary Registry Mechanisms; Voluntary Registry RPMs; or even Private RPMs.

With that said, I have long agreed that information about additional protections voluntarily offered by some registries in the marketplace may be helpful to the WG in evaluating the actual RPMs that we are chartered to review.  With that context in mind, I offer the suggested changes to the proposed draft questions in the attached.  I deleted certain references/questions about how/whether ICANN approves such additional private protections; whether they are consistent with policy decisions; commentary on an RPM that wasn't approved and how it may relate to some additional protections currently offered.  Some of those questions and commentary are superfluous and irrelevant to our task at hand and would just lead us down a proverbial rabbit hole.

What I hope we want from the sub-group is information about additional protections in the marketplace to help inform our task of reviewing actual RPMs and not an attempt at an extra-charter review of individual registries services.  I am supportive of the former and happy to provide information as such, but am definitely opposed to the latter.

Unfortunately, I am taking a red-eye flight on Wednesday and will not be available for our next call.  I would appreciate this issue being kicked to the following call if there is any need for discussion of the group.  Much appreciated.

Best,

Jon




_______________________________________________

gnso-rpm-wg mailing list

gnso-rpm-wg at icann.org<mailto:gnso-rpm-wg at icann.org>

https://mm.icann.org/mailman/listinfo/gnso-rpm-wg


--

Jeremy Malcolm

Senior Global Policy Analyst

Electronic Frontier Foundation

https://eff.org

jmalcolm at eff.org<mailto:jmalcolm at eff.org>



Tel: 415.436.9333 ext 161<tel:(415)%20436-9333>



:: Defending Your Rights in the Digital World ::



Public key: https://www.eff.org/files/2016/11/27/key_jmalcolm.txt

PGP fingerprint: 75D2 4C0D 35EA EA2F 8CA8 8F79 4911 EC4A EDDF 1122

_______________________________________________
gnso-rpm-wg mailing list
gnso-rpm-wg at icann.org<mailto:gnso-rpm-wg at icann.org>
https://mm.icann.org/mailman/listinfo/gnso-rpm-wg

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/gnso-rpm-wg/attachments/20170608/456e0a97/attachment-0001.html>


More information about the gnso-rpm-wg mailing list