[Discussion-igo-rc] Possible text for a Board resolution following the discussion on Red Cross on Saturday morning

[Stephane Hankins]

Dear Bruce, dear all,

Thank you to Bruce for sharing the draft paragraph for the Board 
Resolution on the Red Cross and Red Crescent names and identifyers' 
protections.

Please find enclosed a few suggestions on the draft paragraph - including 
on both its preambular sections recalling the outcomes of last Saturday's 
facilitated dialogue and on the operative sections. 

We were also considering whether the Resolution should not be more precise 
in defining a timeline for the conclusion of the GNSO review (as far as 
possible) by ICANN 59 in Johannesburg.



Kind regards,


Stéphane Hankins
Legal adviser
Cooperation and coordination within the Movement
International Committee of the Red Cross
Tel (direct line): ++0041 22 730 24 19



From:   Bruce Tonkin <Bruce.Tonkin at melbourneit.com.au>
To:     "discussion-igo-rc at icann.org" <discussion-igo-rc at icann.org>
Date:   14.03.2017 14:41
Subject:        [Discussion-igo-rc] Possible text for a Board resolution 
following the discussion on Red Cross on Saturday morning
Sent by:        discussion-igo-rc-bounces at icann.org



Hello All,

At the conclusion for the discussion on protection for names of the 
International Red Cross and Red Crescent Movement, the GNSO delegation 
proposed that the Board formally ask the GNSO to investigate.

Here is some possible text of a Board resolution that could be passed on 
Thursday for your comment:

"Whereas, during the facilitated discussion, the affected parties 
discussed the following matters: 

                 (1)             The list of the names of the Red Cross 
and Red Crescent National Societies is a finite, limited list of specific 
names recognized within the International Red Cross and Red Crescent 
Movement  (see http://www.ifrc.org/Docs/ExcelExport/NS_Directory.pdf) ;

                 (2)             The GAC's rationale for seeking permanent 
protection for the terms most closely associated with the International 
Red Cross and Red Crescent Movement and its respective components is 
grounded in the protections of the designations "Red Cross", "Red 
Crescent", "Red Lion and Sun", and "Red Crystal" under international 
treaty law and under multiple national laws;

                 (3)             There are no other legitimate uses for 
these terms; and 

                 (4)             The public policy considerations 
associated with protecting the International Red Cross and Red Crescent 
Movement identifiers in the domain name system (DNS).

Whereas, the participants in the facilitated discussion took note that, 
following the completion of the GNSO PDP, the GAC provided additional 
guidance as to the specific International Red Cross and Red Crescent 
Movement identifiers for which protections were being sought. 

Whereas, the Board has considered the outputs from the facilitated 
discussion in the context of ICANN's mission and ICANN's commitment to 
carry out its mission in conformity with relevant principles of 
international law and international conventions and applicable local law, 
as expressed in ICANN's Bylaws.

Resolved (xx.xx.2017.xx), the Board requests that the GNSO initiate its 
process for Amendments or Modifications of Approved Policies, as described 
in Section 16 of the GNSO PDP Manual, to consider amending Recommendation 
5 in Section 3.1. of the PDP Working Group Final Report to duly take into 
account the public policy advice to reserve the finite list of names of 
the Red Cross and Red Crescent National Societies, as recognized within 
the International Red Cross and Red Crescent Movement, in all gTLDs.


Regards,
Bruce Tonkin

[attachment "NS_Directory.pdf" deleted by Stephane 
Hankins/DIR_GEN_MOUV_CHF/GVA/ICRC] 
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