[Gnso-newgtld-wg] Proposed agenda - New gTLD Subsequent Procedures PDP WG - 2 October 2018 at 03:00 UTC

Tue Oct 2 02:34:54 UTC 2018

Thanks Jon.  Great comments.  Hopefully you can be on the call in 30 mins.

Jeff Neuman
Senior Vice President

Com Laude | Valideus
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Liability cannot be accepted for statements made which are clearly the sender’s own and not made on behalf of Com Laude USA or Valideus USA. This message is intended solely for the addressee and may contain confidential information. If you have received this message in error, please send it back to us, and immediately and permanently delete it. Do not use, copy or disclose the information contained in this message or in any attachment.Com Laude USA and Valideus are trading names of Consonum, Inc.

From: Jon Nevett <jon at donuts.email>
Sent: Monday, October 1, 2018 10:06 PM
To: Aikman-Scalese, Anne <AAikman at lrrc.com>
Cc: Jeff Neuman <jeff.neuman at comlaude.com>; Steve Chan <steve.chan at icann.org>; gnso-newgtld-wg at icann.org
Subject: Re: [Gnso-newgtld-wg] Proposed agenda - New gTLD Subsequent Procedures PDP WG - 2 October 2018 at 03:00 UTC

I have significant suggested changes to the private auction section in the attached.  There appears to be a fundamental misunderstanding of private auctions vs. other types of private resolutions in the 2012 round.  If the WG wants to forbid all private resolutions and require an auction of last resort, it could do so as a matter of policy.

I don't see how, however, the WG could bad one form of private resolution and not any others.  If just private auctions are banned, then the applicants will come up with another way to pay each other.  In a simple example take a contention set with only two applicants, the parties could simply negotiate a sale; could flip a coin with the loser to pay a pre-determined amount; could do a cut and choose option; could do a swap if there were more than one TLDs in contention between the parties, etc.  There are dozens of creative ways to resolve contention sets without a private auction.

In other words, if the WG wants all the money to go to ICANN or charity, it needs to ban all private resolutions (not just private auctions).  Just banning private auctions would be like just banning one flavor of ice cream.

The question is whether the WG has a consensus to ban private resolution and force auctions of last resort or some other means to resolve contention.

Thanks.

Jon

On Oct 1, 2018, at 9:21 PM, Aikman-Scalese, Anne <AAikman at lrrc.com<mailto:AAikman at lrrc.com>> wrote:

sure

Anne E. Aikman-Scalese

Of Counsel

520.629.4428 office

520.879.4725 fax

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

_____________________________

<image001.png>

Lewis Roca Rothgerber Christie LLP

One South Church Avenue, Suite 2000

Tucson, Arizona 85701-1611

lrrc.com<http://lrrc.com/>

From: Jeff Neuman [mailto:jeff.neuman at comlaude.com]
Sent: Monday, October 01, 2018 6:05 PM
To: Aikman-Scalese, Anne; 'Steve Chan'; gnso-newgtld-wg at icann.org<mailto:gnso-newgtld-wg at icann.org>
Cc: Cheryl Langdon-Orr
Subject: RE: [Gnso-newgtld-wg] Proposed agenda - New gTLD Subsequent Procedures PDP WG - 2 October 2018 at 03:00 UTC

Thanks Anne.  If you are on the call in a couple of hours, can you remind us of this comment?

Jeff Neuman
Senior Vice President

Com Laude | Valideus
1751 Pinnacle Drive
Suite 600, McLean
VA 22102, USA

D: +1.703.635.7514
T: +44 (0) 20 7421 8250
E: jeff.neuman at comlaude.com<mailto:jeff.neuman at comlaude.com>
www.comlaude.com<http://www.comlaude.com/>

Liability cannot be accepted for statements made which are clearly the sender’s own and not made on behalf of Com Laude USA or Valideus USA. This message is intended solely for the addressee and may contain confidential information. If you have received this message in error, please send it back to us, and immediately and permanently delete it. Do not use, copy or disclose the information contained in this message or in any attachment.Com<http://attachment.com/> Laude USA and Valideus are trading names of Consonum, Inc.

From: Aikman-Scalese, Anne <AAikman at lrrc.com<mailto:AAikman at lrrc.com>>
Sent: Monday, October 1, 2018 8:46 PM
To: 'Steve Chan' <steve.chan at icann.org<mailto:steve.chan at icann.org>>; gnso-newgtld-wg at icann.org<mailto:gnso-newgtld-wg at icann.org>
Cc: Jeff Neuman <jeff.neuman at comlaude.com<mailto:jeff.neuman at comlaude.com>>; Cheryl Langdon-Orr <langdonorr at gmail.com<mailto:langdonorr at gmail.com>>
Subject: RE: [Gnso-newgtld-wg] Proposed agenda - New gTLD Subsequent Procedures PDP WG - 2 October 2018 at 03:00 UTC

Jeff and Cheryl,
I apologize if this comment comes later than expected.  Regarding the section below related to Auctions, could you please add that “Another Working Group member noted that a system of graduated fees would favor larger entities with multiple applications and might also affect applicants’ strategies in relation to the formation of applicant entities.”

<image005.png>

Anne E. Aikman-Scalese

Of Counsel

520.629.4428 office

520.879.4725 fax

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

_____________________________

<image006.png>

Lewis Roca Rothgerber Christie LLP

One South Church Avenue, Suite 2000

Tucson, Arizona 85701-1611

lrrc.com<http://lrrc.com/>

From: Gnso-newgtld-wg [mailto:gnso-newgtld-wg-bounces at icann.org] On Behalf Of Steve Chan
Sent: Friday, September 28, 2018 3:53 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 - 2 October 2018 at 03:00 UTC

Dear WG Members,

Please find the proposed agenda for the New gTLD Subsequent Procedures PDP WG meeting scheduled for 2 October 2018 at 03:00 UTC, for 90 minutes.

  1.  Agenda review/SOIs
  2.  Supplemental Report: Review of sections 1.1, 1.2, 1.3, 1.4, and 1.5 continued

     *   Draft of the additional Supplemental Report sections.

  1.  Initial assessment of work required for Final CCT-RT Report
  2.  AOB

For agenda item 2, please find the latest staff draft, which seeks to incorporate input received during past WG meetings. For item 2.a, please find an initial staff draft of the other sections intended to be included with the supplemental report. Staff has attempted to ensure that all required elements of an Initial Report are included, but done so in a streamlined fashion. For context, the documentation the WG has been reviewing the last few meetings (i.e., 1.1-1.5) will slot into section two (2) of this template.

For Item 3, please find attached an initial staff draft that seeks to assess the level to which the PDP WG has already addressed CCT-RT recommendations and where additional work may be needed. This analysis is similar to that done for SAC090.

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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