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

Mon Jan 23 06:56:38 UTC 2023

Kathy,

Asynchronous Work #4 specifically stated that, in responding to AW#4, "We
are not debating “a public interest” vs. “the global public interest” at
this time."  In other words, while AW#4 asked us to consider whether the
"Global Public Interest Framework" thingy could be a useful tool in
analyzing Closed Generics, it did not ask to consider whether "the Global
Public Interest" vs. "a public interest" was the right "interest" to
consider.  Therefore, AW#4 does not supply an "answer" to apply to
Asynchronous Work #6.  The debate continues!

Best regards,

Greg

On Fri, Jan 20, 2023 at 1:50 PM Kathy Kleiman <Kathy at kathykleiman.com>
wrote:

> Hi Jeff,
>
> Tx for your response and I look forward to our conversation ahead.
>
> Quick note that our combined responses to Asynchronous Work #4 show that
> we *do *collectively agree that the GPI Framework applies to Closed
> Generic TLDs.  We worked through the GPI Framework element by element
> here,
> https://docs.google.com/document/d/1pLDQfWtxx_g56v1xATL5oy2lFANMmYK9PPijesVjDkw/edit
>
> Applying our answer to Asynchronous Work #6, under the circumstances,
> would seem to make sense.
>
> Best regards,
>
> Kathy
> On 1/20/2023 1:04 PM, Jeff Neuman wrote:
>
> Kathy,
>
>
>
> Thanks for this response, but I still see a dichotomy between ICANN acting
> in the Global Public Interest and new gTLDs serving a public interest goal.
>
>
>
> ICANN can be acting in the Global Public Interest by allowing a gTLD that
> may only serve a local public interest.  For example an IDN intended to
> serve a local public interest I believe is in the Global Public Interest.
> In other words, the TLDs themselves may not have to serve the *global
> public interest* directly, but allowing those that serve a public
> interest (whether global or not) to move forward, that indirectly supports
> the Global Public Interest.
>
>
>
> Thus, I believe it would be the wrong standard for each new gTLD
> application for a closed generic to force us to determine whether or not
> they serve a global public interest (whatever that really means).
>
>
>
> Sincerely,
>
>
> Jeff
>
>
>
>
>
> Jeffrey J. Neuman
>
> Founder & CEO
>
> JJN Solutions, LLC
>
> p: +1.202.549.5079
>
> E: jeff at jjnsolutions.com
>
> http://jjnsolutions.com
>
>
>
>
>
> *From:* gnso-gac-closed-generics
> <gnso-gac-closed-generics-bounces at icann.org>
> <gnso-gac-closed-generics-bounces at icann.org> *On Behalf Of *Kathy Kleiman
> *Sent:* Friday, January 20, 2023 12:23 PM
> *To:* gnso-gac-closed-generics at icann.org
> *Subject:* Re: [gnso-gac-closed-generics] "A Public Interest" v. "The
> Global Public Interest" - Question / Comment on Asynchronous Work #6
>
>
>
> 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. See
> https://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
> <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
>
> http://jjnsolutions.com
>
>
>
>
>
>
>
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>
>
>
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-- 
*Greg Shatan*
*Chair, NARALO*
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