[GNSO-RPM-WG] List of URS Individual Proposals & Suggested Support Levels

Wed Oct 17 16:39:14 UTC 2018

Hi folks,

I disagree with some of the designated support levels being "limited"
as opposed to "adequate", i.e. some support levels aren't fully
capturing the support (e.g. folks not attending calls, etc.). See
comments below:

A] Proposal #7 -- Legal Contact in WHOIS -- there was an "action item"
about revising the proposal, but after the call I reviewed comments,
and decided that no further changes were needed (that's why I've not
already submitted any revisions to it)

B] Proposal #8 -- adjusting the response time by 3 years for each year
a domain name has been registered; I think more than just a few would
support that, as it's unreasonable to expect people to respond swiftly
to a complaint over a domain that has been registered for 10 or 20
years! Maybe those on the list who want to get public comments on this
should speak out, as registrants are currently severely disadvantaged.

C] Proposals #18, #19, and #20 (dealing with the "lack of cause of
action" issue) -- I'm shocked this is described as having only
"limited" support, given these are the single most important proposals
I've made, tackling an important problem, and mirror the debate we had
in the IGO PDP about this important "access to courts" issue. This PDP
can't simply ignore the fact that all registrants in the UK, for
example, can't appeal an adverse URS/UDRP ruling to the UK courts at
present (if that's the mutual jurisdiction, or if they're elsewhere
and the registrar is in the UK), because of the way the UDRP has been
implemented.

This was the problem also mentioned in the White Paper back in 1999,
as was noted in the emails at:

https://mm.icann.org/pipermail/gnso-rpm-wg/2018-October/003444.html
https://mm.icann.org/pipermail/gnso-rpm-wg/2018-October/003449.html

which *wasn't* properly solved by Section 4(k) of the UDRP, but which
will be fixed by adopting URS Proposals #18 or #19 (#20 wouldn't
completely fix it, but would be an improvement).

Furthermore, the transcript of the October 10th call (when these were
presented) demonstrates that Zak Muscovitch and the ICA openly
supported all my proposals presented on that date to be put out for
public comment:

https://gnso.icann.org/en/meetings/transcript-rpm-review-10oct18-en.pdf

"Zak Muscovitch for the record. First of all, thank you George for
making the proposal. I want to let the working group know that all
had of George's proposals are going to receive support from me to be
put into interim floor for discussion." (page 9)

so to suggest that only Michael K. supported #18 is flat out wrong.
I'm confident others who were in the IGO PDP in the "consensus
recommendation" (most, if not all, who are also members of this PDP)
also support that this be put out for public comment. (i.e. #19
matches that PDP's recommendation, although #18 is superior in my
view, and #20 with expansion to include US Jurisdiction was also
mentioned by others as a solution).

As for the "action item" to consolidate them into a single proposal,
that's not possible, given the nature of the proposals (they're
alternatives to each others).

D] Proposal #30 -- mediation - this too was discussed in the IGO PDP
and had some support there, but most said "defer to the RPM PDP".
Well, now we're in the RPM PDP and we're not going to let the public
weigh in on this fully (but shove it into an appendix?). I don't think
so.....I think there was "adequate" support on this.

E] Proposal #32 -- elimination of URS for new gTLDs, and *not*
becoming a mandatory consensus policy -- this was the *opposite* of
David McAuley's Proposal #31, so you would think that those who
*opposed* his proposal (that the URS would become a "consensus
policy") are implicitly supporters of Proposal #32 (my proposal).
Given all the attempts by ICANN Staff to inject the URS into legacy
TLDs (like .org, .travel, etc.), and the opposition to that when it
happened, the public deserves the chance to make it clear that they
want to reject the expansion of the URS into .com/net/org. Putting
Propsal #32 on an even field with Proposal #31 makes sense, and I
think the support level is not correct (it should be "adequate").

Sincerely,

George Kirikos
416-588-0269
http://www.leap.com/

On Wed, Oct 17, 2018 at 11:27 AM, Julie Hedlund <julie.hedlund at icann.org> wrote:
> Dear RPM PDP Working Group members,
>
>
>
> In preparation for the Working Group meetings at ICANN63, session 1 and
> session 4, and in accordance with the attached Procedures for URS Policy and
> Operational Recommendations, staff have reviewed the WG deliberations as
> recorded in the meeting transcripts and chat rooms, and have produced the
> attached table with the staff’s suggested levels of support for the
> individual proposals. The co-chairs believe a good path forward is to allow
> all WG members to review and, if they wish, comment upon these preliminary
> designations of support.  For those attending ICANN63, please bring your
> comments to our first face-to-face (F2F) session on Sunday, 21 October at
> 15:15-16:45 local time. For those not attending the F2F meeting, please feel
> free to let us know  your thoughts online.
>
>
>
> Staff took its guidance from the following excerpt from Section 7 of the
> procedures, as agreed to by the WG:
>
>
>
> “Unless there is substantial material opposition within the Working Group,
> Sub Team recommendations will be included in the Initial Report for the
> purpose of soliciting public comment thereon. To be clear, Sub Team
> recommendations have a rebuttable presumption, subject to WG feedback, of
> enjoying an adequate level of support to be included in the Initial Report
> for the purpose of soliciting community input; Sub Team proposals, like
> those from individuals, will only become Final Report recommendations if
> they achieve Full Consensus or Consensus.”
>
>
>
> The Co-Chairs would like the WG to note the following with respect to these
> suggested levels of support:
>
>
>
> These are preliminary and subject to review and deliberation by the WG at
> ICANN63;
> WG members are encouraged to provide feedback on the suggested levels of
> support and in particular as to whether there are any mischaracterizations;
> The levels of support and determination with respect to inclusion in the
> Initial Report will be based on the deliberations at ICANN63, with public
> comment requested on all proposals that garnered adequate support;
> The Initial Report will note for the record individual proposals that failed
> to achieve adequate support;
> The WG will have the opportunity to review the proposals as they appear in
> the draft Initial Report and propose revisions before the Initial Report is
> published for public comment.
>
>
>
> Finally, if WG members have revised proposals they should submit them to the
> WG list no later than 23:59 UTC on Friday, 19 October so that they may be
> discussed at the sessions at ICANN63.
>
>
>
> Best regards,
>
> Mary, Julie, Ariel & Berry
>
> On behalf of the RPM PDP Working Group Co-Chairs
>
>
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