[gnso-gac-closed-generics] [Ext] Re: Closed Generics - Please Review and Respond

Fri Jun 2 12:09:46 UTC 2023

All,

Both the Closed Generics Framework v4 Edits Tracked<https://docs.google.com/document/d/1nEy2mQm01ITo-ovxgIVQ0kNIpLqPV4bqVxTKgZb15vQ/edit> and v4 Clean<https://docs.google.com/document/d/1InSBpBSW-j2aVwsk59t-Hs2LfAhuEKNfiwkFoi3SYxU/edit> documents reflect this group’s broad agreement on each point. The v4 Edits Tracked version requests you add any input via comments.

Staff has moved participant edits from the body of the v4 Edits Tracked version into comments, returning the body of text to a mirror of the v4 Clean version. This preserves the integrity of the document as well as the participant input.

Moving forward, please do not edit directly into the Closed Generics Framework v4 – Edits Tracked document. Utilize the comments feature for your inputs.

Thank you,
Melissa

From: Nigel Hickson <nigel.hickson at dcms.gov.uk>
Date: Friday, June 2, 2023 at 5:10 AM
To: Jorge Cancio <Jorge.Cancio at bakom.admin.ch>
Cc: Melissa Peters Allgood <melissa.allgood at icann.org>, "gnso-gac-closed-generics at icann.org" <gnso-gac-closed-generics at icann.org>
Subject: [Ext] Re: [gnso-gac-closed-generics] Closed Generics - Please Review and Respond

Good morning

Totally agree with Jorge here; a clean text is best to take a view on;

Best

Nigel

On Fri, 2 Jun 2023, 09:56 Jorge.Cancio--- via gnso-gac-closed-generics, <gnso-gac-closed-generics at icann.org<mailto:gnso-gac-closed-generics at icann.org>> wrote:
Dear all

I’m just going through the v4 text and I’m quite dismayed that -contrary to what has been instructed- some colleagues are directly editing the text instead of just making side-comments.

@staff: please eliminate all editing done by people other than staff, so that we have a level playing field…

Kindly

Jorge

Von: gnso-gac-closed-generics <gnso-gac-closed-generics-bounces at icann.org<mailto:gnso-gac-closed-generics-bounces at icann.org>> Im Auftrag von Melissa Peters Allgood
Gesendet: Donnerstag, 1. Juni 2023 20:37
An: gnso-gac-closed-generics at icann.org<mailto:gnso-gac-closed-generics at icann.org>
Betreff: [gnso-gac-closed-generics] Closed Generics - Please Review and Respond

Hello all,

First, I’d like to thank each of you for your hard work yesterday. Your willingness to hear one another and find a compromise was on full display. I recognize that many of you don’t love where your work landed, but you worked hard to find a path that all can live with. Truly the MSM at work.

Below you will find our attempt to capture the agreement in principle that was reached.

Definitions - Staff proposed agreement in principle based on 31 May call:

  *   For purposes of the Facilitated Dialogue on Closed Generic gTLDs, it was necessary for the group to have a shared understanding of concepts relevant to closed generic gTLDs. Bearing in mind relevant definitions found in the Base gTLD Registry Agreement, Section 2.9(c) (“Affiliate”) and Specification 11, Section 3(d) (“Generic String”), the group agreed not to change any existing definitions, but acknowledged that there are likely other entities beyond “Affiliates” that would benefit from exclusive operation of a closed generic gTLD with the registry. A future policy group should consider incorporating this concept in its work.

     *   For purposes of this discussion, the group views a “closed generic gTLD” as a “gTLD with exclusive registry access”, understood to be a gTLD string that is a generic word or term under which domains are registered exclusively by the registry operator, its affiliates, and possibly other relevant entities as determined by subsequent policy work.

Please respond if you can live with this compromise. If you cannot, please offer a detailed way forward.

Public Comment – staff proposed agreement in principle based on 31 May call:

  *   Applications for closed generics gTLDs should be subject to the same Public Comment period as all other gTLD applications. However, given that closed generic gTLDs are uniquely impactful to the public interest, the group acknowledges there should be more time dedicated to their Public Comments if the number of these applications is considerable. If there are more than 10 closed generic gTLD applications, then the Public Comment period will be extended automatically for 60 days solely for closed generic gTLD application comments. This does not replace ICANN’s discretion to extend the Public Comment period for all applications, and the 60-day extension will apply to the full length of the Public Comment period (extended or otherwise).

     *   In line with Implementation Guidance 13.6 from the New gTLD Subsequent Procedures Final Report [gnso.icann.org]<https://urldefense.com/v3/__https:/gnso.icann.org/sites/default/files/file/field-file-attach/final-report-newgtld-subsequent-procedures-pdp-02feb21-en.pdf__;!!PtGJab4!7Vxdf-RnIlWMQCKXHoXlAoTZY4ugdjS8GXnZzpOIU3ThRoCcKUwzlrT8Y2UpIYIhOyf_unFuc4Vzn-4ivHtT5Y3JZdP8z0JRo7SJbPg$>(pg. 244), this implementation should enable the public to easily identify and obtain information about applications for closed generic gTLDs. The group agrees that there must be a centralized space where prospective commenters can go to understand the rules for closed generic gTLDs and view the applications themselves.
     *   Note: In arriving at this compromise approach to Public Comment, the group acknowledges the unique nature inherent to closed generic gTLDs, as well as the need for sufficient time for meaningful Public Comments, and the public’s need to readily find all relevant information about closed generic gTLD applications.

Please respond if you can live with this compromise. If you cannot, please offer a detailed way forward.

To do:

  1.  Respond to the proposed approach for Definition and Public Comment above
  2.  Review the Closed Generics Framework v4 document (s) – Edits Tracked [docs.google.com]<https://urldefense.com/v3/__https:/docs.google.com/document/d/1nEy2mQm01ITo-ovxgIVQ0kNIpLqPV4bqVxTKgZb15vQ/edit__;!!PtGJab4!7Vxdf-RnIlWMQCKXHoXlAoTZY4ugdjS8GXnZzpOIU3ThRoCcKUwzlrT8Y2UpIYIhOyf_unFuc4Vzn-4ivHtT5Y3JZdP8z0JRyhq6sbI$> and/or Clean [docs.google.com]<https://urldefense.com/v3/__https:/docs.google.com/document/d/1InSBpBSW-j2aVwsk59t-Hs2LfAhuEKNfiwkFoi3SYxU/edit__;!!PtGJab4!7Vxdf-RnIlWMQCKXHoXlAoTZY4ugdjS8GXnZzpOIU3ThRoCcKUwzlrT8Y2UpIYIhOyf_unFuc4Vzn-4ivHtT5Y3JZdP8z0JR9bXxlkQ$>

Agenda for 5 June 2023 at 12:30 UTC:

  1.  Finalize Definition and Public Comment
  2.  Review preliminary framework (Closed Generics Framework v4)
  3.  Final call to determine if the group can live with the preliminary framework document (Items 1 & 2)
  4.  Discuss Closed Generics sessions at ICANN77

As always, my sincere thanks for all your hard work.

Melissa

Melissa Peters Allgood
Conflict Resolution Specialist
Internet Corporation for Assigned Names and Numbers (ICANN)

Telephone:  +1 202 570 7240
www.icann.org<http://www.icann.org>

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