[council] Fwd: ccNSO response to GNSO resolution

Robin Gross robin at ipjustice.org
Tue Jan 22 00:40:52 UTC 2008


Thanks for giving this so much thought, Chuck.   I support your  
proposal for moving forward.  And I agree that if the IDN ccTLD  
string selection criteria ends up being the one quoted below, we  
shouldn't have too much disagreement.

Robin


On Jan 21, 2008, at 8:35 AM, Gomes, Chuck wrote:

> Here a some of my thoughts in response to this letter as well as  
> some suggested action items that I think should be done in the next  
> few days.
>
> First of all, I compliment the ccNSO on a well articulated letter  
> with what seems to me to be a constructive tone.  Second, I suggest  
> that Avri officially support the recommendation for a joint ccNSO/ 
> GNSO meeting in New Delhi, an idea that I believe she has already  
> indicated support for. Third, I recommend that we use the time we  
> have between now and New Delhi to carefully prepare for the  
> proposed joint ccNSO/GNSO meeting in New Delhi.  Regarding the latter:
> I believe that completion of the GNSO response to the ccNSO/GAC  
> Issues Paper on IDN ccTLDs is a key step.  Ideally it would have  
> been good to accomplish that before the end of the ccNSO public  
> comment period on their IDN ccTLD PDP (25 January).  Because that  
> is not feasible before the New Delhi meetings, I suggest that,  
> before 25 January,  Avri send a letter to the ccNSO and to their  
> comment site informing them that our response (as requested by the  
> Board) will not be completed until New Delhi and we respectfully  
> request that our input be considered in the PDP. [Note that we  
> would need to act on this before the end of this current week so we  
> will have to decide whether or not to do this via our list.]
> I do not think that it will be effective to engage in discussion  
> with the ccNSO regarding the issues we are concerned about prior to  
> the joint meeting in New Delhi.  In my opinion, the chances are too  
> high that there will be misunderstanding and even miscommunication  
> until both Councils are face to face and that can cause more harm  
> to the success of the joint meeting than good.
> As a means of getting our preparation for the joint meeting  
> started, I identify the following points from the ccNSO letter to  
> the Board for which I believe we need to prepare: 1) The ccNSO  
> clearly believes that the issues we raised will take much longer  
> than 120 days; 2) they appear to assume that it is possible to  
> introduce fast tract IDN ccTLDs before any resolution of the issues  
> we raised; 3) they state that as far as the issues relate to IDN  
> ccTLDs, they should be the responsibility of the ccNSO; 4) they  
> also believe that they must be dealt with in a PDP.  I provide my  
> preliminary thinking about each of these below.
> 1) The ccNSO clearly believes that the issues we raised will take  
> much longer than 120 days.
> The original intent of the 120 day target was to attempt to avoid  
> any further delays in the implementation of IDN TLDs (gTLDs or cc  
> fast track IDN TLDs).
> I believe that the goal of avoiding further delays remains valid  
> and if the 120 day target is unrealistic, then it is important to  
> begin work on the issues we raised as soon as possible with the  
> goal of at least agreeing to some interim approach until full  
> resolution of the issues can be completed.
> 2) They appear to assume that it is possible to introduce fast  
> tract IDN ccTLDs before any resolution of the issues we raised.
> I believe that this may be a fundamental difference of opinion  
> between the GNSO and ccNSO but not one that necessarily needs to be  
> a show stopper.  I think it is less important for the two SO's to  
> come to agreement on the assumption than it is to jointly develop  
> an interim approach as suggested in the previous item.
> I don't think we should spend a lot of time trying to convince them  
> that a final policy for allocating new TLDs into GNSO and ccNSO  
> name space has to happen before any IDN TLDs are introduced, but  
> instead we should work together to come up with a way that our  
> concerns can be addressed in the short term. I Therefore, I  
> recommend that we focus our attention on coming up with some ways  
> forward on this that satisfy our needs with regard to TLD  
> allocation and still allow the ccNSO to deal with the bigger policy  
> issues over a longer period of time.
> 3) They state that as far as the issues relate to IDN ccTLDs, they  
> should be the responsibility of the ccNSO.
> This is a point where I believe there is gap in understanding  
> between the GNSO and ccNSO or at least there does not seem to be an  
> recognition of a key point we tried to make: allocation of new TLDs  
> into the DNS is an issue that affects both SO's and therefore must  
> be worked by both SO's.
> This is an area that I think deserves caution because I think it  
> would be counterproductive for us to give the impression that the  
> GNSO wants to determine policy for the ccNSO so we should make it  
> clear from the outset that that is not our intent.
> This is a place where an example might be helpful.  Consider the  
> case of .berlin.  Should that be a GNSO or a ccNSO.  It appears to  
> me at a minimum that guidelines need to be in place before .berlin  
> is introduce that determine what SO has policy responsibility.  And  
> any such guidelines need to be developed by both SO's because both  
> SO's are impacted.
>
> 4) They believe that the issues the GNSO raised must be dealt with  
> in a PDP.
> If this is the case, which PDP process should be used?  the GNSO  
> PDP or the ccNSO PDP?  It may not matter too much provided that the  
> PDP used allows for full participation by the other SO with regard  
> to the TLD allocation issue.
> At present, there is not a joint PDP process in the ICANN Bylaws;  
> maybe this is an idea for further development.
> The idea of a less formal joint working group was made to  
> facilitate a timely response to the issues.  In my opinion, waiting  
> two years for a ccNSO PDP process doesn't work, at least not for  
> the development of an interim approach to the broader TLD  
> allocation issues.  This seems to be a key area where the two SO's  
> need to focus attention.
> In the meantime, I am confident that we can work together with the  
> ccNSO.  From what I have observed so far, the ccNSO is heading in a  
> direction that is not far off from what we could support.  In the  
> draft issues report that the IDNC is considering, one idea under  
> consideration for IDN ccTLD string selection is this: "the string  
> must be a meaningful representation of the name of the Territory or  
> an abbreviation of the name of the Territory in the relevant  
> script".  Please note that this is not a final position.  But if it  
> is adopted it provides some defined limitations in terms of IDN  
> ccTLDs and could possibly even be used in developing interim  
> guidelines for allocation of TLDs into the two policy name spaces.o
> Finally, I have concerns about the following statement in the next  
> to last paragraph of the ccNSO letter to the Board: "During the  
> process the delegation of new TLDs would need to be suspended to  
> ensure that TLDs are not created in circumstances that would be a  
> breach of the policy being developed."  I think we need to get  
> clarification of this in the proposed joint meeting.  Considering  
> that the ccNSO PDP is estimated to take at least two years, this  
> could easily be a way of delaying IDN gTLDs, depending on what it  
> means.  I am not suggesting that it was intended that way but I  
> definitely think we need to get clarity in that regard.
>
> In conclusion, I am proposing the following action times, the first  
> two of which need to happen in the next four days (NLT 25 Jan.):
> Avri send a letter to Chris Dispain officially supporting the  
> recommendation for a joint ccNSO/GNSO meeting in New Delhi.
> Avri send a letter to the ccNSO and to their comment site informing  
> them that our response to the ccNSO/GAC Issues Paper on IDN ccTLDs  
> (as requested by the Board) will not be completed until New Delhi  
> and we respectfully request that our input be considered in the PDP.
> We initiate a planning process for the joint meeting in New Delhi  
> ASAP.
> To facilitate moving forward on the above so that we can meet the  
> time constraints, please comment on the Council list right away.
>
> Chuck
>
> From: owner-council at gnso.icann.org [mailto:owner- 
> council at gnso.icann.org] On Behalf Of Avri Doria
> Sent: Monday, January 21, 2008 6:30 AM
> To: Council GNSO
> Subject: [council] Fwd: ccNSO response to GNSO resolution
> Importance: High
>
> Forwarded with permission
>
> a.
>
> Begin forwarded message:
>
>> From: "Chris Disspain"
>> Date: 21 January 2008 12:11:37 GMT+01:00
>>
>> Subject: ccNSO response to GNSO resolution
>>
>> Peter and Paul,
>> Attached is the ccNSO response to the GNSO resolution of 3 January  
>> 2008. Please forward this letter to the ICANN Board list at your  
>> earliest convenience.
>> Pursuant to the letter I shall be formally writing to Avri Doria  
>> tomorrow to invite the GNSO to a joint meeting in New Delhi.
>> Kind Regards,
>> Chris Disspain
>> CEO - auDA
>> Australia's Domain Name Administrator
>> ceo at auda.org.au
>> www.auda.org.au
>> Important Notice - This email may contain information which is  
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IP JUSTICE
Robin Gross, Executive Director
1192 Haight Street, San Francisco, CA  94117  USA
p: +1-415-553-6261    f: +1-415-462-6451
w: http://www.ipjustice.org     e: robin at ipjustice.org



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