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

[Aikman-Scalese, Anne]

Thank you Rubens.  The ICANN language says the TLD will operate the registry in accordance with its own commitments, statements of intent and business plans as expressed in the application.  The language of the Initial Report would have to be modified to be accurate since it says that the GAC advised ICANN to come up with "a mechanism to incorporate" these elements. That would obviously be beyond ICANN's mission and the draft misstates the GAC Advice.



Suggest the following modification:



In October 2012, the Governmental Advisory Committee (GAC) provided

> advice to the ICANN Board of Directors of ICANN that it should come up

> with a mechanism to require an applicant to  incorporate into its registry agreements by reference certain commitments, business plans,

> registration restrictions, additional rights protection mechanisms and

> other objectives specified in the application as filed such that these commitments could

> be overseen by ICANN’s compliance department.



Anne E. Aikman-Scalese

Of Counsel

520.629.4428 office

520.879.4725 fax

AAikman at lrrc.com

_____________________________

Lewis Roca Rothgerber Christie LLP

One South Church Avenue, Suite 2000

Tucson, Arizona 85701-1611

lrrc.com





-----Original Message-----
From: Rubens Kuhl [mailto:rubensk at nic.br]
Sent: Monday, June 11, 2018 4:35 PM
To: Aikman-Scalese, Anne
Cc: Steve Chan; gnso-newgtld-wg at icann.org
Subject: Re: [Gnso-newgtld-wg] Proposed agenda - New gTLD Subsequent Procedures PDP WG - 12 June 2018 at 03:00 UTC





Anne,



That language comes directly from Specification 11 of the registry agreements, which reads:

"Registry Operator will operate the registry for the TLD in compliance with all commitments, statements of intent and business plans stated in the following sections of Registry Operator’s application to ICANN for the TLD, which commitments, statements of intent and business plans are hereby incorporated by reference into this Agreement."



Spec 11 was added to address GAC Advice, but I get your point that it's uncertain whether those specific provisions were added because of GAC positions, because of other stakeholders, or by ICANN's own creativity.



My recollection, not backed by transcripts though, is that this topic was first raised by CSG constituencies, but later mentioned in GAC sessions. So while I do not see a bias, attribution chain is indeed not that solid.





Rubens





> On 11 Jun 2018, at 20:02, Aikman-Scalese, Anne <AAikman at lrrc.com<mailto:AAikman at lrrc.com>> wrote:

>

> Regarding Section 1.3.2(b) of Foundational Issues, the following draft from the Initial Report seems a bit biased to me, especially as to the paraphrasing of the GAC Advice in the highlighted language:

>

> In October 2012, the Governmental Advisory Committee (GAC) provided

> advice to the ICANN Board of Directors of ICANN that it should come up

> with a mechanism to incorporate certain commitments, business plans,

> registration restrictions, additional rights protection mechanisms and

> other objectives in the Base Registry Agreement such that they could

> be overseen by ICANN’s compliance department. In response to the GAC,

> the New gTLD Program Committee of the Board proposed a new

> Specification 11 to the Base Registry Agreement to transform

> application statements into binding contractual commitments,

>

>

> I believe the focus of the GAC Advice was consumer protection  - not approval of business plans and adding RPMs as stated in the draft.   The actual GAC Advice with respect to Category 1 Safeguards was as follows:

>

> <image001.png>

>

> Anne E. Aikman-Scalese

> Of Counsel

> 520.629.4428 office

> 520.879.4725 fax

> AAikman at lrrc.com<mailto:AAikman at lrrc.com>

> _____________________________

> <image004.png>

> Lewis Roca Rothgerber Christie LLP

> One South Church Avenue, Suite 2000

> Tucson, Arizona 85701-1611

> lrrc.com

>

>

> From: Gnso-newgtld-wg [mailto:gnso-newgtld-wg-bounces at icann.org] On

> Behalf Of Steve Chan

> Sent: Friday, June 08, 2018 3:10 PM

> To: gnso-newgtld-wg at icann.org<mailto:gnso-newgtld-wg at icann.org>

> Subject: [Gnso-newgtld-wg] Proposed agenda - New gTLD Subsequent

> Procedures PDP WG - 12 June 2018 at 03:00 UTC

>

> 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.

>

>             • Agenda Review

>             • Roll Call/SOIs

>             • 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.

>                             • Continue and Complete Section 1.7 (Name Collisions)

>                             • Begin Review of Section 1.3 (Competition, Consumer Trust and Consumer Choice; Global Public Interest; Applicant Freedom of Expression; Universal Acceptance)

>                             • Time Permitting, Begin Review of Section 1.8 (Objections; Accountability Mechanisms)

>             • 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. 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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>

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