[gnso-gac-closed-generics] Question on enforceability

[Merritt, Jason (ISED/ISDE)]

Hi Philippe,

Not speaking for the broader group, but I think questions around enforcement was one area where there was full agreement! No issues personally with the question. Thanks for the heads up.

Regards,
Jason

From: gnso-gac-closed-generics <gnso-gac-closed-generics-bounces at icann.org> On Behalf Of philippe.fouquart at orange.com
Sent: March 1, 2023 8:30 AM
To: gnso-gac-closed-generics at icann.org
Subject: [gnso-gac-closed-generics] Question on enforceability

Hi everyone,

We are preparing for ICANN 76, and as usual a number of us are collecting questions we’ll be submitting to our Board colleagues (in a new format as I understand it).

As we prepared those questions for the CSG, I thought about the issue of enforceability we talked about in DC, but didn’t feel like submitting it without consulting this group, or channeling those through Alan and Patricio instead, as we discussed at some point.

The question is general, I don’t think it’s controversial (nor the answer expected to be definitive). It’d be good to know whether people think that is something we may want to use the opportunity of F2F meeting in Cancun for to discuss/liaise with the Board.

FWIW this is the drafty draft I initially had for the CSG questions.

Thanks.
Philippe

---------------8X------------
During the joint GNSO-GAC-ALAC on-going effort on closed generics initiated by the Board, questions have been raised about enforceability of conditions/commitments from the applicant/registry for a closed generic TLD (nature of the intended use, targeted audience, public interest goal…) – both in the framework that’s being developed but also for the policy work that will be coming. The working assumption being made in the dialogue is that all commitments can/will be enforced.
Does the Board have a view on how this question of enforceability/compliance can be approached?



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