[Gnso-newgtld-wg] CW Comments Section 1.3 Proposed agenda - New gTLD Subsequent Procedures PDP WG - 12 June 2018 at 03:00 UTC

Mon Jun 11 20:04:28 UTC 2018

Good evening:

With a view to our call tomorrow morning, please find below, as requested, my summary comments on '1.3 Foundational Issues'.  Any further written comments on sections 1.7 and 1.8 will have to await after tomorrow's call.

Regards

Christopher Wilkinson

--------------------

Section 1.3 – A few quick comments:

1. Competition …As I have pointed out before, it is most difficult to have a serious discussion without the CCT-RT Report. Meanwhile, there are strong indications that the 2012 Round contributed to concentration in the DNS markets:

- Registry Service Providers: only a few major providers. Some of which are themselves Registries or Registrars, leading to risks of conflict of interest.

- Certain Registrars accumulating very large portfolios of Registries; an anomaly arising from the flawed implementation of vertical integration.

2. Global Public Interest:(a) We need more clarity as to the UDHR limitations to freedom of speech as against claims elsewhewre that there are freedom of speech rights for 'applicants'.

The most important freedoms of speech - at least in the context of Geographical Names – is the freedom of speech of Registrants. I do not understand the scope and objectives of the eventual freedom of speech of Registries.

(b) First bullet: The original purpose of vertical integration was to permit new Registries to register names directly, at lease before reaching a certain threshold. Today, new Registries could reasonably anticipate anti-competitive bnehaviour by accredited Registrares who are their natural competitors.

(c) Mandatory PICs: Those imposed by ICANN on the basis of community and GAC advice to the Board.

Voluntary PICS: Those proposed by the applicant who shall then be obliged contractually to respect them permanently (subject perhaps to a contractual revision procedure.)

ICANN supervision of contractual compliance, including transparency, becomes important in this context.

Sensitive Strings associated with GAC Category 1 Safeguard Advice: Just to note that the third bullet is internally inconsistent.
If the PICs have effectively prevented abusive behavior, it follows that there will not be data to demonstrate that effect. So the mandatory PIC will have done its job!

3. Applicant Freedom of Expression:(b) There needs to be a balance between the freedom of Expression of the Registrants and that of the Registry. (a) the jurisdiction of the incorporation of the Registry should be transparent for purposes of tax and other requirements (b) At least for Geo-Names, the jurisdiction of incorporation of the Registry must be the same as the territory or community relating to that Geo-Name.
There cannot be a distinction between the jurisdiction of the territory and the jurisdiction of the Registry.

Christopher Wilkinson

11 June 2018. 

El 9 de junio de 2018 a las 0:09 Steve Chan <steve.chan at icann.org> escribió:

Dear WG Members,

Below, please find the proposed agenda for the New gTLD Subsequent Procedures WG meeting scheduled for 12 June 2018 at 03:00 UTC, for 90 minutes.

1. Agenda Review
2. Roll Call/SOIs
3. Review of the Initial Report (continued). * The purpose of this review is to ensure that preliminary outcomes and deliberations are accurately captured and written in an understandable manner. The WG Co-Chairs have sought to make clear that this exercise is not intended to re-open substantive discussions, which is better served by the submission of public comments and subsequently when reviewing public comments received. Please submit your comments about these sections to the Working Group mailing list (gnso-newgtld-wg at icann.org mailto:gnso-newgtld-wg at icann.org ) in advance of the meeting.
1. Continue and Complete Section 1.7 (Name Collisions) 
2. Begin Review of Section 1.3 (Competition, Consumer Trust and Consumer Choice; Global Public Interest; Applicant Freedom of Expression; Universal Acceptance)
3. Time Permitting, Begin Review of Section 1.8 (Objections; Accountability Mechanisms)
4. AOB

For Item 3, the relevant documents are attached. As a reminder, please note that a resource page has been set up on the Wiki to track the distribution of Initial Report sections, which you can find here: https://community.icann.org/x/NwUhB https://community.icann.org/x/NwUhB . As you can see in the link, the following sections have been released:

1.2: Overarching Issues

1.3: Foundational Issues

1.4: Pre-Launch Activities

1.5: Application Submission

1.6: Application Processing

1.7: Application Evaluation/Criteria

1.8: Dispute Proceedings

1.10: Contracting

1.11: Pre-Delegation

1.12: Post-Delegation

Those signed up as Members to this PDP WG should have received meeting information from the SOAC Support team. If you did not receive these participation details or if you would like to send your apologies, please contact the SOAC Support team (gnso-secs at icann.org mailto:gnso-secs at icann.org ).

Best,

Steve

Steven Chan

Policy Director, GNSO Support

ICANN

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