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

Wed Mar 15 17:22:20 UTC 2017

Hello all, please note that the Board is already considering draft text for the proposed motion which staff understands is based substantially on the text circulated by Bruce, and containing specific guidance to the GNSO on reserving the specific Red Cross names. As such, and subject to Bruce’s input otherwise, staff suggests that the question of a timeline/possible end-date be discussed by the GNSO and GAC delegations and, if agreed to, be memorialized in a letter or other note to the Board.

Thanks and cheers
Mary

From: <discussion-igo-rc-bounces at icann.org> on behalf of "James M. Bladel" <jbladel at godaddy.com>
Date: Wednesday, March 15, 2017 at 17:57
To: Stephane Hankins <shankins at icrc.org>, "bruce.tonkin at melbourneit.com.au" <bruce.tonkin at melbourneit.com.au>
Cc: "discussion-igo-rc at icann.org" <discussion-igo-rc at icann.org>
Subject: Re: [Discussion-igo-rc] Possible text for a Board resolution following the discussion on Red Cross on Saturday morning

Stephane –

Please clarify:  Are you recommending that the GNSO provide a timeline for this review by ICANN59, or have completed the review by then?

The former is something we can reasonably deliver, but the latter is not.

Thank you,

J.

From: <discussion-igo-rc-bounces at icann.org> on behalf of Stephane Hankins <shankins at icrc.org>
Date: Wednesday, March 15, 2017 at 17:41
To: Bruce Tonkin <Bruce.Tonkin at melbourneit.com.au>
Cc: "discussion-igo-rc at icann.org" <discussion-igo-rc at icann.org>
Subject: Re: [Discussion-igo-rc] Possible text for a Board resolution following the discussion on Red Cross on Saturday morning

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[ifrc.org]<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.ifrc.org_Docs_ExcelExport_NS-5FDirectory.pdf&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=DJ69mAe-idEhpAMF1nu2x6c2w3xl7xb5cjS_7sB4h6Y&m=DHIb7H9EPOTQrtK-9KCMck8BK5DE-X0iQDyg4xbRizY&s=j_sQDGfVEjFw2c_IZNtfm6SLsUopwO6I9JPzJ4AZ4Sw&e=>) ;

                (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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