[gnso-gac-closed-generics] "A Public Interest" v. "The Global Public Interest" - Question / Comment on Asynchronous Work #6

[Kathy Kleiman]

Hi Jeff,

I’ll respond to your original message (and note that Philippe and Arnaud 
responded as well).

The reason we are talking about The Global Public Interest is because we 
have to.The world has changed since 2013 when the GAC wording GAC 
Beijing Communique was far-seeing and far-reaching:*“For strings 
representing generic terms, exclusive registry access should serve a 
public interest goal. 
Seehttps://gac.icann.org/advice/communiques/Beijing%20Communique%20april2013_Final-ar.pdf 
<https://gac.icann.org/advice/communiques/Beijing%20Communique%20april2013_Final-ar.pdf>*


A lot has happened since then, including ICANN’s Transition from US 
Government oversight.As part of the Transition, the Community took on 
clear new obligations including “Core Values” of the Bylaws, and Core 
Value 1.2(b)(ii), that we work to “ascertain the global public 
interest.”https://www.icann.org/resources/pages/governance/bylaws-en/#article1 


Board Member Avri Doria, as you know, has been working hard 
“Operationalizing the concept of the global public interest (GPI)” that 
ICANN is now bound to follow.ICANN continued this important work through 
COVID, putting out a paper in 2019, receiving comments, and publishing 
an updated version in 2020.I cite from the April 2020 paper for the 
quote in the prior 
sentence,https://community.icann.org/display/prjxplrpublicint/GPI+Toolkit

Our Asynchronous Work #4, titled *GPI Framework and Closed Generic 
TLDs*, is exactly what the Board asked us to do.The wording in our 
diagrams seems to be very appropriate. “This framework is anchored in 
the Articles and Bylaws,” Avri wrote in the GPI April 2020 paper.

I believe this Core Value was inspired by the GAC in the Beijing Advice 
a decade ago.  We now have two public interest guideposts and 
ascertaining the Global Public Interest is certainly one of them.

Best,

Kathy

On 1/16/2023 5:05 PM, Jeff Neuman wrote:
>
> All,
>
> On Asynchronous Work #6, there are several references to “The Global 
> Public Interest” and the reason why I had a hard time with completing 
> this work was in reference to that particular term.  In the GAC’s 
> formal advice in Beijing (April 2023) the GAC advised*: “For strings 
> representing generic terms, exclusive registry access should serve a 
> public interest goal.”  See 
> https://gac.icann.org/advice/communiques/Beijing%20Communique%20april2013_Final-ar.pdf*
>
> The Advice mentions “a public interest goal.”  I view that as VERY 
> different that serving “the Global Public Interest”.  It is very 
> possible (at least in my mind) that an application for a closed 
> generic may serve a public interest goal without serving “the Global 
> Public Interest.” In other words, a closed generic my support a local 
> public interest goal or the public interest of one particular country, 
> etc. but when viewed on a Global Scale may not qualify.
>
> I don’t know where or why we started equating those terms, but I think 
> we should go back to serving “a public interest” as opposed to “the 
> Global Public Interest”.  There has been no agreement within the group 
> to broaden that narrow GAC Advice.
>
> Thanks.
>
> 	
>
> Jeffrey J. Neuman
>
> Founder & CEO
>
> JJN Solutions, LLC
>
> p: +1.202.549.5079
>
> E: jeff at jjnsolutions.com <mailto:jeff at jjnsolutions.com>
>
> http://jjnsolutions.com <http://jjnsolutions.com>
>
>
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