[gnso-gac-closed-generics] "A Public Interest" v. "The Global Public Interest" - Question / Comment on Asynchronous Work #6
Kathy Kleiman
Kathy at KathyKleiman.com
Mon Jan 23 15:24:22 UTC 2023
Hi Greg,
Of course, it is an issue for us to discuss! I was just pointing out how
and why the global public interest or a global public interest may be
very relevant to our upcoming discussion. See you soon in DC!
Best, Kathy
On 1/23/2023 1:56 AM, Greg Shatan [NARALO] wrote:
> 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 <mailto:jeff at jjnsolutions.com>
>>
>> http://jjnsolutions.com <http://jjnsolutions.com>
>>
>> *From:* gnso-gac-closed-generics
>> <gnso-gac-closed-generics-bounces at icann.org>
>> <mailto: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.
>> Seehttps://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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>>
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> --
> *Greg Shatan*
> *Chair, NARALO*
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