[Gnso-newgtld-wg] Proposal re Closed Generics
Alan Greenberg
alan.greenberg at mcgill.ca
Wed Feb 19 02:27:11 UTC 2020
The SubPro meeting today began discussing Closed Generics.
One of my interventions was that although I was strongly opposed to
closed generics in the general case, I did support the concept that a
closed generic could be in the public interest, with the example of
.disaster operating by the International Red Cross as the example.
I proposed that we allow closed generic applications, but the
decision on whether a particular application would move forward or
not would rest with the ICANN Board.
The Board would have to agree, by an overwhelming majority (say at
least 90% of sitting, non-conflicted, Board members) that the TLD
would be in the public interest.
The decision would be final and not appealable through the ICANN
Reconsideration or IRP processes. This latter condition would require
an amendment to the ICANN Bylaws to exempt such decision from the
accountability measures, but this is identical to an amendment being
recommended by the CCWG-Auction Proceeds, so there is a current precedent.
If, despite the fact that the decision would have to be near
unanimous, there is still distrust of the ICANN Board in this matter,
the approval of such TLDs could be subject to the Empowered Community
Approval or Rejection Actions (also requiring a Bylaw change).
However, in my mind, such caution would be overkill.
This proposal would allow a closed generic when it is clearly (in the
view of the Board) in the Public Interest.
Alan
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