[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.


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