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

Mon Feb 27 20:16:44 UTC 2023

Hi Anne,

Delayed response but while I understand that the GAC advice does not state
a requirement for Global Public Interest but I strongly believe Closed
Generics should reflect both requirements: "serve a public interest goal"
per 2013 GAC Advice AND serve the global public interest, or at least not
harm the global public interest, per the Bylaws. I therefore welcome the
fact that the group is discussing consideration of both concepts.

Warmly,
Tomslin
@LinkedIn: https://www.linkedin.com/in/tomslin/

On Wed, 15 Feb 2023 at 08:03, Aikman-Scalese, Anne via council <
council at gnso.icann.org> wrote:

> 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
>
> D. 520.629.4428
>
>
>
> *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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