[Gnso-newgtld-wg] Proposal re Closed Generics

Aikman-Scalese, Anne AAikman at lrrc.com
Wed Feb 19 16:15:00 UTC 2020

With the caveat that this is a personal opinion,  I support open face-to-face discussion of Alan's proposal.  After all, the AGB contained a provision that the Board has a right to refuse any single application based on the public interest so that suggests that individual evaluation could be appropriate.

-----Original Message-----
From: Gnso-newgtld-wg <gnso-newgtld-wg-bounces at icann.org> On Behalf Of Alan Greenberg
Sent: Tuesday, February 18, 2020 7:27 PM
To: gnso-newgtld-wg at icann.org
Subject: [Gnso-newgtld-wg] Proposal re Closed Generics


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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