[Gnso-newgtld-wg] REMINDER: Review Revised Draft Final Report - DUE Tuesday, 01 December

Wed Dec 2 17:21:16 UTC 2020

I agree.  Also I do not think there has been or could be any form of
consensus to lower that threshold below 14 points.

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Mike Rodenbaugh

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On Wed, Dec 2, 2020 at 7:25 AM Marc Trachtenberg via Gnso-newgtld-wg <
gnso-newgtld-wg at icann.org> wrote:

> I don’t support lowering the CPE threshold to prevail.  The more you lower
> the CPE threshold to prevail the more gaming you will have and the more
> disputes about it.
>
>
>
> *Marc H. Trachtenberg *
> Shareholder
>
> Chair, Internet, Domain Name, e-Commmerce and Social Media Practice
> Greenberg Traurig, LLP
> 77 West Wacker Drive | Suite 3100 | Chicago, IL 60601
> T +1 312.456.1020
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> M +1 773.677.3305
> trac at gtlaw.com <trachtenbergm at gtlaw.com> | www.gtlaw.com | View GT
> Biography <https://www.gtlaw.com/en/professionals/t/trachtenberg-marc-h>
>
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>
>
>
> *From:* Gnso-newgtld-wg <gnso-newgtld-wg-bounces at icann.org> *On Behalf Of
> *Phil Buckingham
> *Sent:* Wednesday, December 2, 2020 9:01 AM
> *To:* 'Jamie Baxter' <jbaxter at spimarketing.com>; 'Justine Chew' <
> justine.chew at gmail.com>; gnso-newgtld-wg at icann.org
> *Subject:* Re: [Gnso-newgtld-wg] REMINDER: Review Revised Draft Final
> Report - DUE Tuesday, 01 December
>
>
>
> **EXTERNAL TO GT**
>
> I am equally supportive , particularly on lowering the CPE threshold to
> prevail.
>
> Regards,
>
> Phil
>
>
>
> Phil Buckingham
>
>
>
>
>
> *From:* Gnso-newgtld-wg <gnso-newgtld-wg-bounces at icann.org> *On Behalf Of
> *Jamie Baxter
> *Sent:* 02 December 2020 14:10
> *To:* Justine Chew <justine.chew at gmail.com>; gnso-newgtld-wg at icann.org
> *Subject:* Re: [Gnso-newgtld-wg] REMINDER: Review Revised Draft Final
> Report - DUE Tuesday, 01 December
>
>
>
> Great catches Justine, all of which I supported during the discussions and
> which I continue to support.
>
> Jamie
>
>
>
> *From: *Gnso-newgtld-wg <gnso-newgtld-wg-bounces at icann.org> on behalf of
> Justine Chew <justine.chew at gmail.com>
> *Date: *Tuesday, December 1, 2020 at 6:29 PM
> *To: *"gnso-newgtld-wg at icann.org" <gnso-newgtld-wg at icann.org>
> *Subject: *Re: [Gnso-newgtld-wg] REMINDER: Review Revised Draft Final
> Report - DUE Tuesday, 01 December
>
>
>
> Here is the output of my review for consideration
>
>
>
> *Community Applications*
>
> [1] At page 160, Implementation Guideline 34.3 re: Criterion 1-A
> Delineation.
> Although the text draws attention to the need for a non-exhaustive list to
> include elements applicable to communities that are not economic in nature,
> it does not explicit touch on 5 other points that I believe the WG
> discussed, which are:
>
>    - Communities that are not economic in nature may not have clear and
>    straight-forward membership definition and this should to not disadvantage
>    such communities in terms of scoring as compared to economic communities
>    with clear and straight-forward membership, that both types of communities
>    should be able to score equally well
>    - The extremity between "clear and straight-forward membership"
>    scoring high and "vague, dispersed or unbound definition" scoring zero be
>    mediated through an acknowledgment that a grouping without a clear and
>    straight-forward membership but could still be found to be reasonably
>    delineated may still receive a low score instead of zero.
>    - I also recall that the term "membership" in reference to
>    non-economic communities was problematic
>    - Where could we explicitly introduce community-related expertise to
>    the CPE process, especially to assist in evaluating non-economic
>    communities for the delineation criterion where "community-related
>    expertise" could be represented by an International Organization
>    specializing in a certain field or a relevant subject matter / community
>    expert of regional or international standing?
>    - Redress for the requirement of "awareness and recognition of the
>    community by its members" where such awareness and/or recognition could be
>    alternatively provided by community-related expertise, especially in cases
>    where awareness or recognition by the so-called members cannot be properly
>    measured (eg, prevented by national law to recognise something)
>
> [2] At page 160, Implementation Guidance 34.4 re: the "Organized" element
> in Criterion 1-A Delineation
> While the redress for term "mainly" as being permissibly applied to more
> than one entity appears, redress for the term "administer" does not. I
> recall having discussed adding the "advocate" verb because an applicant may
> not fit the role of administrator for a community. I suggest that the
> reference to "administer" be augmented to "administer or advocate for".
> Perhaps an alternative might be "represent" instead of "administer" as used
> in Implementation Guidance 34.8.
>
> [3] The proposal to increase community participation or input in ICANN's
> engagement of CPE service provider/panellists is pending further
> discussion.
>
> [4] Reference to lowering of the threshold to prevail in CPE, which if I
> recall correctly was offered by more than one commenter, is omitted.
>
>
> Thanks,
> Justine
>
>
>
> On Mon, 30 Nov 2020 at 23:14, Julie Hedlund <julie.hedlund at icann.org>
> wrote:
>
> And here are the original attachments for reference.
>
>
>
> *From: *Gnso-newgtld-wg <gnso-newgtld-wg-bounces at icann.org> on behalf of
> Julie Hedlund <julie.hedlund at icann.org>
> *Date: *Monday, November 30, 2020 at 10:12 AM
> *To: *"gnso-newgtld-wg at icann.org" <gnso-newgtld-wg at icann.org>
> *Subject: *[Gnso-newgtld-wg] REMINDER: Review Revised Draft Final Report
> - DUE Tuesday, 01 December
>
>
>
> Dear WG Members,
>
>
>
> This is a reminder that the deadline for the review of the revised draft
> Final Report *for errors and omissions only*, if any, is *23:59 UTC on
> Tuesday, 01 December*.  Please see the details below.
>
>
>
> Kind regards,
>
> Julie
>
>
>
> *From: *Gnso-newgtld-wg <gnso-newgtld-wg-bounces at icann.org> on behalf of
> Julie Hedlund <julie.hedlund at icann.org>
> *Date: *Monday, November 23, 2020 at 3:04 PM
> *To: *"gnso-newgtld-wg at icann.org" <gnso-newgtld-wg at icann.org>
> *Subject: *[Gnso-newgtld-wg] Review Revised Draft Final Report - DUE
> Tuesday, 01 December
>
>
>
> Dear WG Members,
>
>
>
> As noted during the WG meeting on Thursday, 19 November, please see for
> review the attached revised draft Final Report in Word and PDF, along with
> the Log of Final Report Action Items and Edits.
>
>
>
> The redlines in the attached revised draft Final Report reflect the edits
> made by leadership and support staff in accordance with the *actions
> agreed to by the WG during the WG meetings* held between 17 September and
> 09 November 2020, as noted in the Log with page references.  These actions
> also were captured during each meeting and circulated to the WG.
>
>
>
> The following topics were covered by the WG in its meetings and addressed
> in the revised draft Final Report: Community Applications, General
> Comments, Predictability, Applicant Support, Limited Challenge/Appeal
> Mechanism, Applicant Guidebook, Communications, Systems, Application Change
> Requests, Application Fees, Base Registry Agreement, GAC Early Warning /
> GAC Consensus Advice, Role of Application Comment, and Objections.
>
>
>
> *Note: In reviewing the revised draft Final Report WG members are
> requested to limit their review to the referenced pages in the Log and the
> redlines in the revised draft Final Report, and to focus only on errors
> and/or omissions, if any.  If any errors/omissions are noted please send
> them to the WG email distribution list, referencing the page number and
> text, respectively.*
>
>
>
> Please submit comments to the list, if any, not later than *23:59 UTC on
> Tuesday, 01 December*.
>
>
>
> Kind regards,
>
> Julie
>
> Julie Hedlund, Policy Director
>
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