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

Mon Jan 23 15:59:24 UTC 2023

I agree with Greg.  Work #4 was dealing with the topic of closed generics as a whole and whether we need to come up with a overall solution in the global public interest.

But that is very different than saying that all individual applications for closed generics must be in the global public interest.

The advice that we must stick with according to our charter and to all previous letters from the GNSO and the GAC is to find ways in which each closed generic serves “a public interest goal.”   This is not the same a “a global public interest goal.”

Best regards,

Jeffrey J Neuman
JJN Solutions, LLC
Founder & CEO
(202) 549-5079
Jeff at jjnsolutions.com
________________________________
From: Greg Shatan [NARALO] <gregshatanalac at gmail.com>
Sent: Sunday, January 22, 2023 10:56:38 PM
To: Kathy Kleiman <Kathy at kathykleiman.com>
Cc: Jeff Neuman <jeff at jjnsolutions.com>; gnso-gac-closed-generics at icann.org <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

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<mailto: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

[cid:185dd5c66334cff311]

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

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<mailto: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

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.

[cid:185dd5c66334cff311]

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

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