[council] Draft Letter to the Board on Red Cross Names & Identifier

Phil Corwin psc at vlaw-dc.com
Tue May 24 02:02:23 UTC 2016

I am generally OK with the letter but have a question about this passage:

One point emphasized during this briefing was that the international legal basis for protections of Red Cross identifiers is significantly different from that for IGOs. While that may be the case, the Red Cross and IGO identifier issues relate to recommendations that came out of a single GNSO PDP and were sent as such to the Board, and we therefore request that both be addressed in tandem.

As the letter notes, the legal basis for RC protections is completely different than for IGOs, and confounding sovereign immunity issues that arise with IGOs do not for the RC. It may take a very long time to resolve all the IGO issues, whereas the RC may be more easily dealt with.

If that’s the case, and given the concern that many governments have about RC protections, if there is an opportunity to take that issue off the table and achieve some sense of progress and goodwill vis-à-vis the GAC, why insist that they be tethered together and addressed in tandem? I would prefer to see some greater flexibility on that which allows for the possibility of separate resolution.

Thanks for considering,

Philip S. Corwin, Founding Principal
Virtualaw LLC
1155 F Street, NW
Suite 1050
Washington, DC 20004

Twitter: @VlawDC

"Luck is the residue of design" -- Branch Rickey

From: owner-council at gnso.icann.org [mailto:owner-council at gnso.icann.org] On Behalf Of Mary Wong
Sent: Friday, May 20, 2016 12:23 AM
To: council at gnso.icann.org
Subject: Re: [council] Draft Letter to the Board on Red Cross Names & Identifier

Dear Councilors,

Following further consultations between the Council chairs and staff on this matter, the chairs would like to provide the attached letter for your final review before it is sent to the ICANN Board. Essentially, this is the version suggested by the RySG (per Donna’s earlier note, below) but with a single revision at the end of the second paragraph, to clarify that the GNSO’s IGO and Red Cross recommendations originated in a single PDP.

Please indicate any objections or concerns you may have with this proposed final version of the letter to the Board by COB in your time zone on Monday 23 May if at all possible, following which we will transmit the final letter to the Board shortly thereafter on behalf of Donna, Heather, James and the Council.

Thanks and cheers

Mary Wong
Senior Policy Director
Internet Corporation for Assigned Names and Numbers (ICANN)
Email: mary.wong at icann.org<mailto: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 "Austin, Donna" <Donna.Austin at neustar.biz<mailto:Donna.Austin at neustar.biz>>
Date: Saturday, May 14, 2016 at 05:44
To: "council at gnso.icann.org<mailto:council at gnso.icann.org>" <council at gnso.icann.org<mailto:council at gnso.icann.org>>
Subject: [council] Draft Letter to the Board on Red Cross Names & Identifier

James, all

Following on from the discussion on the Council call yesterday about next steps in resolving the issue of permanent protection of certain Red Cross identifiers, the RySG has requested that the letter to the Board be amended to request an update/resolution of the outstanding issues related to the permanent protection of certain Red Cross identifiers and IGO acronyms. These issues have not previously been decoupled and we are concerned that if the Council suggests this as a path forward at this point it may be at the expense of resolving the remaining issues associated with IGO acronyms.

Proposed amendments to the letter are provided for consideration.



Donna Austin: Neustar, Inc.
Policy and Industry Affairs Manager
Cell: +1.310.890.9655 Email: donna.austin at neustar.biz<mailto:donna.austin at neustar.biz>

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