[council] Motion to initiate PDP to review RPMs

[James M. Bladel]

Colleagues -

Attached and below, please find a Motion to initiate a PDP to review Rights Protection Mechanisms (RPMs) in all gTLDs.  According to the rules set out in the PDP Manual / GNSO Operating Procedures, we are expected to discuss and consider the initiation of a PDP at the next Council meeting following publication of the Initial Issues Report.

Furthermore, the second part of this process-adoption of the PDP Working Group Charter-is not bound by this requirement and still requires discussion amongst the Council.  Some Councilors have raised concerns with one or more aspects of the Draft Charter on behalf of their SG/C, and we need to make sure these are comprehensively addressed before proceeding.  For this reason, I am not advancing the second motion (Adoption of the PDP WG Charter) at this time, but it can be a point of discussion during our meeting.

Finally, please take a few moments to review the updated Draft Charter (also attached), and be ready to discuss during our call on 18 FEB.

Thank you,

J.


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Motion to Initiate a Policy Development Process (PDP) on a Review of All Rights Protection Mechanisms (RPMs) in All Generic Top-Level Domains (gTLDs)

WHEREAS:


1.     In December 2011 the GNSO Council had requested that an Issue Report on the current state of all rights protection mechanisms (RPMs) implemented for both existing and new gTLDs, including but not limited to the Uniform Dispute Resolution Policy (UDRP), be delivered to the GNSO Council no later than eighteen (18) months following the delegation of the first gTLD in ICANN's New gTLD Program;


2.     In January 2014 the GNSO Council agreed to extend the timeline for delivery of the Issue Report by six (6) months;


3.     ICANN staff published the Preliminary Issue Report on a Policy Development Process to Review All RPMs in All gTLDs for public comment on 9 October 2015, with the public comment forum closing on 30 November 2015;


4.     ICANN staff have reviewed the public comments received, published a Report of Public Comments on 10 December 2015 and updated the Issue Report accordingly;

5.     The Final Issue Report on a Policy Development Process to Review All RPMs in All gTLDs was delivered to the GNSO Council on 11 January 2016 (see http://gnso.icann.org/en/issues/new-gtlds/rpm-final-issue-11jan16-en.pdf);

6.     The Final Issue Report includes a recommendation that the GNSO Council proceed with a two-phased Policy Development Process (PDP) that will first review the RPMs that were developed for the New gTLD Program, followed by a subsequent second phase that will review the UDRP, with the overall goal of developing a uniform and consistent framework for any future review of RPMs; and
7.     The General Counsel of ICANN has indicated that the topics recommended for review are properly within the scope of the ICANN policy process and the GNSO.
RESOLVED:

1.     The GNSO Council hereby initiates a two-phased PDP to review all RPMs in all gTLDs, to review and determine whether modifications to the existing RPMs (including but not limited to the UDRP) are needed and, if so, what they should be. The outcome of the PDP may lead to (i) amendments or replacement of existing policies, principles or procedures; (ii) the development of new or additional policy recommendations; and/or (iii) the creation of new implementation guidance to supplement existing policies or procedures.
2.     The GNSO Council requests that the PDP Working Group be convened as soon as possible after the adoption of the PDP Working Group Charter in order to fulfill the requirements of this PDP.
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