[Gnso-newgtld-wg] Proposal re Closed Generics

Phil Buckingham phil at dotadvice.co.uk
Tue Feb 25 02:46:25 UTC 2020


Hi Justine , Alan , Anne, 
Justine , that’s  a great suggestion. The contractual compliance & monitoring needs to be much more rigorous in the next round . 
I very much support Alan’s suggestion of going ahead with new ( 2020) policy recommendations for a special use case  , New TLD application category . Let’s call it a Public Interest TLD . 
I am working on a proposal ( for Friday’ deadline) . It will incorporate the evaluation and implementation issues too. 
Ultimately my thoughts are we need to make policy that is so demanding , incorporating Alexander’s suggestion of a “ health warning “ that applications will not pass the evaluation.  ICANN will need to employ & train “ evaluation  experts. There will be no come backs , no second evaluation , no appeals . Once passed the evaluation The Board would need to approve ( or reject) the application by Special resolution. 
Your thoughts ? 
Phil 
Phil Buckingham 


Sent from my iPhone

> On 25 Feb 2020, at 01:30, Justine Chew <justine.chew at gmail.com> wrote:
> 
> Perhaps this is something we could pick up under the Contractual Compliance topic.
> 
> Justine
> -----
> 
> 
>> On Fri, 21 Feb 2020 at 01:39, Aikman-Scalese, Anne <AAikman at lrrc.com> wrote:
>> Thank you Justine.  This is very constructive.  We would then need to think about enforcement mechanisms.  Private dispute resolution process?  Filing a complaint with ICANN?  Positive obligation by ICANN Compliance to monitor?  Accomplish the goals below via PICs and eligibility requirements?  Would appreciate your further thoughts.
>> 
>> Just continuing the discussion so we can help create a complete proposal as this moves forward to formulate a WG recommendation.
>> 
>> Anne
>> 
>>  
>> 
>> From: Gnso-newgtld-wg <gnso-newgtld-wg-bounces at icann.org> On Behalf Of Justine Chew
>> Sent: Thursday, February 20, 2020 12:28 AM
>> To: gnso-newgtld-wg at icann.org
>> Subject: Re: [Gnso-newgtld-wg] Proposal re Closed Generics
>> 
>>  
>> 
>> [EXTERNAL]
>> 
>> While I remain undecided on supporting either a full ban on closed generics or (what I call) a qualified ban per the special case conditions proposed by Alan, I strongly suggest that any consideration of Alan's proposal should also include the following:
>> 
>> Insertion as material in the relevant RA for a closed generic TLD that is a generic word, such terms and conditions:
>> 
>> (1)  to be derived from the applicant's submission on the use of the closed generic TLD as being in the public interest;
>> (2)  which prohibit any action considered as anti-competitive (eg. discriminatory registration policies in favour of certain parties or against competitors in the applicable industry);
>> (3)  which govern any dealings on the disposal and/or future use of the closed TLDs - that (1) and (2) must be adhered to at all times and by any party which operates or acquires the rights under the RA; and
>> (4)  to stipulate that launching for SLD registration for the closed generic TLD by the (first) RO must take place within 2 years of signing the RA.
>> 
>> 
>> the breach of one or more of which will constitute cause for termination of the RA.
>> 
>> Justine
>> -----
>> 
>>  
>> 
>>  
>> 
>> On Thu, 20 Feb 2020 at 13:48, Alan Greenberg <alan.greenberg at mcgill.ca> wrote:
>> 
>> While talking to a colleague today, I realized a problem with my 
>> proposal. I was thinking that there would (or could ) only be a small 
>> number of applications that could be deemed to be for closed TLDs 
>> that are generic words and in the public interest. That may indeed be 
>> true. However, there may well be MANY such applications twhere the 
>> applicant beleives their use will be in the public interest, and a 
>> large load of such cases going to the Board will not work.
>> 
>> The change is to restrict applicants to not-for-profit entities only. 
>> This is in keeping with the nature of the one example that has been raised.
>> 
>> Note that due to the unfortunate timing of the SubPro meeting being 
>> scheduled in conflict with the EPDP, I will likely not be on the SubPro call.
>> 
>> To make my position clear, other than this special case I am 
>> proposing, I would NOT support the delegation of closed generics.
>> 
>> Alan
>> 
>> 
>> At 18/02/2020 07:43 PM, Alan Greenberg wrote:
>> >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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