[council] Update on the Facilitated Dialogue on Closed Generic TLDs

Tue Feb 14 21:01:43 UTC 2023

Thank you, John.  We all appreciate receiving the fruits of this effort to date.  I also think everyone knows that any proposed framework would be subject to further policy work within the GNSO.

As a former member of the SubPro WG, one sentence struck me as requiring further clarification in connection with the scope of the work at hand:  "Participants did not, however, reach agreement on whether demonstrating that a closed generic gTLD will serve a public interest goal necessarily means that it also will be in the
global public interest."

Given that the standing GAC Advice does not state a requirement for a Closed Generic to meet a "Global Public Interest" test and given how illusive that term is, I believe it would be in the best interests of the ICANN community for the group to focus on the language used by the GAC, i.e. "serve a public interest goal."

We understand that serving the "Global Public Interest" (GPI) is part of the ICANN By-Laws but we also understand that the GPI is informed (in accordance with those same By-Laws) by the Multi-Stakeholder bottom up policy process.  In this case, based on direction from the Board, that policy process will have parameters defined in part by the GAC Advice, which specifies a standard requiring that a Closed Generic serve a public interest goal.  Hopefully that scope will govern the discussions moving forward.

I think application of this more narrow standard is the only way the group can hope to make progress on this issue and develop evaluation criteria.  Hopefully the report from the group will serve as a scoping exercise for the additional policy work that will have to be done if MSM principles are to be preserved.  In this regard, the sooner the group finishes its work, the better chance we all have of "dovetailing" this work with the opening of the next round of new gTLDs.

Thank you,
Anne

Anne E. Aikman-Scalese

Of Counsel

AAikman at lewisroca.com<mailto:AAikman at lewisroca.com>

D. 520.629.4428

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From: council <council-bounces at gnso.icann.org> On Behalf Of John McElwaine via council
Sent: Monday, February 13, 2023 1:14 PM
To: GNSO Council <council at gnso.icann.org>
Subject: [council] Update on the Facilitated Dialogue on Closed Generic TLDs

[EXTERNAL]
________________________________
Dear Councilors,

Attached please find the Summary Notes from the hybrid meeting of the GAC-GNSO Facilitated Dialogue Group.  This meeting occurred in Washington, D.C. January 26-27.   During this hybrid meeting, participants discussed several key topics
and definitions, brainstormed ideas for potential application and evaluation criteria, and collaborated in breakout and plenary sessions.

Best regards,

John

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