[council] Motion to initiate PDP to review RPMs

Tue Feb 9 10:30:25 UTC 2016

Dear all,

Further to James’ email below and to facilitate your review of the proposed Charter, here are some notes that we hope are helpful. They are based on our (staff) understanding of some of the points raised in discussions about the New gTLDs Subsequent Procedures Charter as well as the scope of this proposed RPM PDP:

(1) This draft RPM Charter contains the following references to the New gTLDs Subsequent Procedures PDP:

"In the course of its work, the Working Group should monitor the progress of and, where appropriate, coordinate with, other ICANN groups that are working on topics that may overlap with or otherwise provide useful input to this PDP. Especially, this PDP Working Group shall maintain a close working relationship with the Competition, Consumer Trust and Consumer Choice Review Team (CCT) and the PDP Working Group on New gTLDs Subsequent Procedures”.

"In addition, the GNSO Council, as the manager of the policy development process, should be kept informed at all times about coordination efforts with the CCT Review Team and the PDP on New gTLD Subsequent Procedures. It is thus the Council who, in case of conflict between these groups, is to take appropriate action to align work processes if and when necessary.”

There is also a specific reference to the appointment of a liaison between the two PDP Working Groups (mirroring what is in the Charter that was approved for the New gTLDs Subsequent Procedures PDP). However, because that Charter explicitly notes that RPM review is beyond its remit, being more appropriate for the RPM PDP, we did not repeat that language in the RPM draft Charter.

(2) There is now an Attachment to the Charter that comprises a list of the community-identified issues that were raised in various public comment forums regarding RPM review. The Attachment is based on the list originally included in the Final Issue Report as Annex B, updated to include additional issues noted by various community groups in the public comment forum. We thought also that specifically creating this attachment to be part of the Charter would make it easier for the WG, Council and community to see the scope of the RPM PDP “at a glance”.

Please let us know if you have any questions about the updated draft Charter.

Thanks and cheers
Mary

Mary Wong
Senior Policy Director
Internet Corporation for Assigned Names and Numbers (ICANN)
Email: mary.wong at icann.org
Telephone: +1-603-5744889

From: <owner-council at gnso.icann.org<mailto:owner-council at gnso.icann.org>> on behalf of Glen de Saint Géry <Glen at icann.org<mailto:Glen at icann.org>>
Date: Tuesday, February 9, 2016 at 17:12
To: "GNSO Council List (council at gnso.icann.org<mailto:council at gnso.icann.org>)" <council at gnso.icann.org<mailto:council at gnso.icann.org>>
Subject: [council] TR: Motion to initiate PDP to review RPMs

Dear All,

The updated draft charter  has been posted on page:

http://gnso.icann.org/en/council/drafts<http://mailer.samanage.com/wf/click?upn=KTB340yHI8DoUtMP4BGJnral-2F6hkupRgT5qivhStIqqcOCKnbHI4-2F0AqTh-2FDckJU_r-2BdYbSjRm9r0i9vSiPZtW-2BX-2BAwnBbxYJcYft8cAni3iLz7nHdH1TO6yId4yJ1X5bCjn7UQ8ekPGWrKZXzU-2FB1vqqq7KS-2BMznRij3m3ZEI87WW3StxS8dTPOoQSB9krb-2FFJK2QHBzOYchxlxB81-2FrQgEKCZwhIWmFeV3hThjRR7ogCkshuA-2FPie9e6zmA6P8L7eTEUbvdvzfgQMCFFV6bZF9E7eOqlzB0HN9vDYXM4PCRM3NGPvw4Tjs2GFho7hitFvwZL9U4doUecJwVmo5-2FZ6e2-2FfuE23JDANBPe2uwC9VQN5SgwZyplxa2lRuo4aPMfYIqhOcJaw2NyfLCXWkiDZ5r5etVeOVWPagE11-2BKOt8QjzBaUjatT4-2FS-2FTfRnw8h8omu4VHxITySlduB9lQHin9-2BOeksBfh244dBG7pC6FiwfT-2F2xqkdIZQAmxyMsrWhwhYDu98ampg5XWYZRe4AXD10ON4gNrlTQPQud0xrZX4-3D>
http://gnso.icann.org/en/drafts/rpm-charter-09feb16-en.pdf<http://mailer.samanage.com/wf/click?upn=KTB340yHI8DoUtMP4BGJnuFT4taHix-2FWCICVaGtUyTcIb7nQt1Ix4bukUckJ3K1maclUijFJSiHtdHfMCU9isw-3D-3D_r-2BdYbSjRm9r0i9vSiPZtW-2BX-2BAwnBbxYJcYft8cAni3iLz7nHdH1TO6yId4yJ1X5bCjn7UQ8ekPGWrKZXzU-2FB1vqqq7KS-2BMznRij3m3ZEI87WW3StxS8dTPOoQSB9krb-2FFJK2QHBzOYchxlxB81-2FrQgEKCZwhIWmFeV3hThjRR7ogCkshuA-2FPie9e6zmA6P8L7eTEUbvdvzfgQMCFFV6bZF9E7eOqlzB0HN9vDYXM4PCRM3NGPvw4Tjs2GFho7hitFvwZL9U4doUecJwVmo5-2FZ6e2-2FfuE23JDANBPe2uwC9X-2Fu2yS2w-2F6SsC9s3VgIP8heOq0HKB5mKm0ajgAl5x9NHSkiv2RTna-2BfuMCCtyEhgy-2BGCL-2B1jK7h0hX853d-2BHNTEY73AwjK0yaeqM2MBKjbmGHzDNVQs2plqc07hOrz80-2BELjiNJVLQ5JKIcn0f7POlj0IHLXG0KWFO7DJMHzZ0zfjoNrwgnK3I-2BjzNI0bM5h8-3D>
Thank you.
Kind regards,

Glen

De : owner-council at gnso.icann.org<mailto:owner-council at gnso.icann.org> [mailto:owner-council at gnso.icann.org] De la part de James M. Bladel
Envoyé : lundi 8 février 2016 22:24
À : GNSO Council List
Objet : [council] Motion to initiate PDP to review RPMs

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.

________________________________
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 Councilagreed 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;

  1.  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);

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
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:

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.
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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