[CPWG] Closed Generics Advice to the Board.

[Hadia Abdelsalam Mokhtar EL miniawi]

Thank you for the info Alan

Hadia
From: CPWG <cpwg-bounces at icann.org> On Behalf Of Alan Greenberg via CPWG
Sent: Tuesday, November 7, 2023 9:14 PM
To: cpwg at icann.org
Subject: [CPWG] Closed Generics Advice to the Board.

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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