[gnso-rpm-wg] FOR INFORMATION: Letter from trademark scholars and information on Deloitte Ancillary Services

Tue Mar 28 18:38:59 UTC 2017

Hi Greg,

If I had a perfect solution to prevent cybersquatting in my pocket I
probably would have led with it :)

That said, my aim in drafting that was to try and help frame the
discussion, rather than to try and close it. Look, my expertise is
more on the transparency side than on the trademark side. But on the
transparency side, we deal with potential harms all the time - be they
for information involving national security, personal privacy - or
legitimate commercial interests like trademark protection. And
generally, we seek to find an avenue forward which provides adequate
protection for these interests, while respecting the overarching
interest in openness. This calculus shouldn't mean that openness is
abandoned whenever a potential for harm is encountered. Indeed, if
that were the case almost no information would end up being put out
there. Rather, it means assessing the specific harms that would flow
directly from the specific disclosures, weighing them against the
public interest in disclosure, and seeking ways to work around those
harms which also provide for maximum openness.

So, while I don't have a readymade solution to present, I do think we
need to work together to find one. Reverting to secrecy is just not
consistent with ICANN's broader mission, given that the entire model
is based on public oversight and accountability.

Looking forward to engaging on this further.

Michael

P.S. I'm not sure why it's at all relevant who actually drafted the
text of the EFF letter? As someone who's been involved in many similar
efforts, they can be done fully collaboratively, or with one or two of
the signatories taking the lead. Either way though, all of the names
attached to it have approved and endorsed it. These are very senior
and respected experts - they don't just throw their names on any
document that's sent their way. If they signed the letter it means
they support it - what does it matter who held the pen?

On Tue, Mar 28, 2017 at 2:30 PM, Greg Shatan <gregshatanipc at gmail.com> wrote:
> Michael,
>
> Do you have any solutions for the issues and concerns that have been
> mitigated by having the database be closed?
>
> Thanks!
>
> Greg
>
> Greg Shatan
> C: 917-816-6428
> S: gsshatan
> Phone-to-Skype: 646-845-9428
> gregshatanipc at gmail.com
>
>
> On Tue, Mar 28, 2017 at 12:21 PM, Michael Karanicolas
> <michael at law-democracy.org> wrote:
>>
>> Hi all,
>>
>> Just building on the discussion around transparency, after hearing the
>> conversation at ICANN 58 I drafted my own short note setting out my
>> thoughts on the issue, which I'm attaching here.
>>
>> I want to be mindful of the conversation on inputs which is ongoing
>> now - so hopefully it isn't out of place or inappropriate to submit my
>> thoughts via this method.
>>
>> I very much look forward to further discussions on this issue.
>>
>> Best wishes,
>>
>> Michael Karanicolas
>>
>> On Tue, Mar 28, 2017 at 11:54 AM, Jeff Neuman <jeff.neuman at comlaude.com>
>> wrote:
>> > Thanks Mary.
>> >
>> >
>> >
>> > Co-Chairs,
>> >
>> >
>> >
>> > Can I assume that with respect to the EFF letter, the only items we
>> > would be
>> > discussing from that letter at this point are their comments with
>> > respect to
>> > design marks and the transparency of the TMCH database?
>> >
>> > I am not saying the other comments are not important, but with respect
>> > to
>> > this Working Group at this time, we are not yet addressing those other
>> > issues.
>> >
>> >
>> >
>> > I would strongly urge that we not engage yet in the other discussion
>> > around
>> > the other comments at this point (namely, trademark rights in general),
>> > as I
>> > think that could lead us down a large rabbit hole and considerably slow
>> > down
>> > out work.
>> >
>> >
>> > Thanks.
>> >
>> >
>> >
>> > Jeffrey J. Neuman
>> >
>> > Senior Vice President |Valideus USA | Com Laude USA
>> >
>> > 1751 Pinnacle Drive, Suite 600
>> >
>> > Mclean, VA 22102, United States
>> >
>> > E: jeff.neuman at valideus.com or jeff.neuman at comlaude.com
>> >
>> > T: +1.703.635.7514
>> >
>> > M: +1.202.549.5079
>> >
>> > @Jintlaw
>> >
>> >
>> >
>> >
>> >
>> > From: gnso-rpm-wg-bounces at icann.org
>> > [mailto:gnso-rpm-wg-bounces at icann.org]
>> > On Behalf Of Mary Wong
>> > Sent: Tuesday, March 28, 2017 6:15 AM
>> > To: gnso-rpm-wg at icann.org
>> > Subject: [gnso-rpm-wg] FOR INFORMATION: Letter from trademark scholars
>> > and
>> > information on Deloitte Ancillary Services
>> >
>> >
>> >
>> > Dear all,
>> >
>> >
>> >
>> > During the ICANN58 Working Group sessions in Copenhagen, the following
>> > two
>> > matters came up for which staff is now following up with the requested
>> > document (for #1) and information (for #2).
>> >
>> >
>> >
>> > Item #1: Letter of 10 March 2017 from some trademark scholars and
>> > practitioners to our Working Group co-chairs expressing concerns with
>> > certain aspects of the TMCH:
>> >
>> > https://www.eff.org/files/2017/03/10/tm_scholars_letter_to_icann_final.pdf.
>> >
>> >
>> >
>> > Item #2: Question regarding the Ancillary Services that Deloitte is
>> > permitted to provide under its Validation Agreement with ICANN, subject
>> > to
>> > ICANN’s authorization.
>> >
>> >
>> >
>> > Currently, two Ancillary Services have been approved by ICANN:
>> >
>> > 1.       Extended Claims Services
>> >
>> > The extended claims services provide the Trademark Holder or Trademark
>> > Agent, as applicable, with an electronic notification when a domain name
>> > registered in an Eligible TLD matches one or more of such party’s
>> > recorded
>> > labels with the TMCH.  The extended claims services does not include a
>> > domain name pre-registration notification (i.e. a notification to the
>> > potential registrant of a domain name that the domain name such
>> > registrant
>> > intends to register matches a label recorded with the Trademark
>> > Clearinghouse).
>> >
>> >
>> >
>> > 2.       Audit Report
>> >
>> > Deloitte may offer an audit report service for Trademark Holders and
>> > Trademark Agents with active Trademark Records recorded in the Trademark
>> > Clearinghouse.  Such audit reports shall consist primarily of a listing
>> > of
>> > matches between their recorded labels within the Trademark Clearinghouse
>> > and
>> > domain names registered in an Eligible TLD.
>> >
>> >
>> >
>> > FYI, Deloitte’s contract with ICANN is for an initial period expiring on
>> > the
>> > fifth anniversary of ICANN’s entry into a Registry Agreement under the
>> > New
>> > gTLD Program, with consecutive one-year renewals thereafter. Although
>> > Deloitte currently serves as the sole TMCH validator, ICANN may appoint
>> > additional validators once ten Qualified Sunrise Periods have been
>> > completed
>> > under the New gTLD Program.
>> >
>> >
>> >
>> > Thanks and cheers
>> >
>> > Mary
>> >
>> >
>> > _______________________________________________
>> > gnso-rpm-wg mailing list
>> > gnso-rpm-wg at icann.org
>> > https://mm.icann.org/mailman/listinfo/gnso-rpm-wg
>>
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