[CPWG] Closed Generics Advice to the Board.

[Cheryl Langdon-Orr]

Thank You Alan and Greg

I am an apology for the 1300UTC CPWG call, but do wish to note my support
for this Advice being recommended to the ALAC


On Wed, 8 Nov 2023, 06:14 Alan Greenberg via CPWG, <cpwg at icann.org> wrote:

> The Facilitated Dialogue on Closed Generics issued a draft report that
> received very negative comments. As a result, the Facilitated Dialogue (FD)
> referred the matter to the Chairs of the GNSO, GAC and ALAC. Their reply to
> the FD (
> https://gac.icann.org/contentMigrated/gac-alac-gnso-chairs-letter-to-closed-generics-facilitated-dialogue-participants)
> indicated that the Chairs suggested that the Board FD finalize its report
> saying that no compromise could be found and that they would advise the
> Board to not allow Closed Generics in the coming round of new gTLDs.
>
>
>
> A letter from the Chairs to the Board was drafted, but the GNSO Council
> could not accept their Chair making such a statement. The letter was
> revised, but still no agreement from the GNSO. Accordingly, the Chairs of
> the GAC and ALAC issued the letter saying that they could not come to
> agreement with the GNSO (
> https://www.icann.org/en/system/files/correspondence/caballero-zuck-to-sinha-13oct23-en.pdf).
> The GNSO Chair sent a letter saying that the Board should decide on how to
> address the issue (
> https://www.icann.org/en/system/files/correspondence/ducos-to-sinha-21oct23-en.pdf
> ).
>
>
>
> During ICANN78, the GAC issued advice to the Board in support of its
> Chair’s letter. The advice was clear and concise. Do not allow Closed
> Generics in the coming round. You can find the GAC Communique at
> https://gac.icann.org/contentMigrated/icann78-hamburg-communique with its
> CG advice on page 11.
>
>
>
> The next step is for the ALAC to issue comparable advice in support of our
> Chair’s letter.
>
>
>
> With Greg’s support, I have drafted the following advice which we are
> recommending that the ALAC issue. It is short and in addition to supporting
> the GAC advice to not have Closed Generics in the coming round, it makes
> clear that the divisions within the FD were VERY wide and that the chances
> of future work closing them highly unlikely.
>
>
>
>
>
> *ALAC Advice to the Board on Closed Generic TLDs*
>
>
>
> The ALAC, along with the GAC and the GNSO, participated in good faith in
> the Facilitated Dialog on Closed Generics. This effort notwithstanding, the
> Facilitated Dialog failed to create a framework allowing Closed Generic
> TLDs which would serve a public interest goal.
>
>
>
> The GAC, in its communiqué from ICANN78 in Hamburg, Germany, gave
> unequivocal Advice to the Board on this matter. To quote:
>
>
>
> *Prior to the next round of New gTLDs, to ensure that the forthcoming
> Applicant Guidebook clearly states that Closed Generic gTLD applications
> will not be considered.*
>
>
>
> The ALAC fully supports this Advice and its accompanying rationale and
> echoes this Advice to the Board.
>
>
>
> Moreover, based on discussions within the Facilitated Dialogue after
> reviewing the comments received on its draft framework, and in the
> community since that time, the ALAC posits that the differences among the
> various parties on what would satisfy a public interest or the global
> public interest may well be irreconcilable, and that the benefit of such
> Closed Generic gTLDs are not worth expending more community time and ICANN
> resources on this issue.
>
>
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