[Gnso-newgtld-wg] Deadline 30 June - Comments on Revised Draft Recommendations - Package 6

Justine Chew justine.chew at gmail.com
Tue Jun 30 23:17:52 UTC 2020


Attached is my Package 6 Form for consideration. In the form, I have
referenced the 2 documents in relation to 'Community Applications':

1. “Revised Community Priority Evaluation Guidelines – A Proposal by
At-Large
<https://community.icann.org/download/attachments/111390697/01B.%20CPE%20Guidelines%20-%20At-Large%20Proposal%2011.06.2020.pdf?version=1&modificationDate=1592012489000&api=v2>”,
which is At-Large’s amendment of the CPE guidelines of 27 Sep 2013, and
which could be useful as Implementation Guidance. This version of 11 June
may be subject to amendment by At-Large but if that happens, then the
updated version would likely be shared vide ALAC’s response to the upcoming
public comment process for the Final Report.

2. “At-Large Interventions on Community-based Applications and Community
Priority Evaluation
<https://community.icann.org/download/attachments/111390697/01C.%20At-Large%20Interventions%20on%20CBA%20%26%20CPE%20as%20at%2011.06.2020.pdf?version=1&modificationDate=1592012475000&api=v2>”
which includes, inter alia, *some high level explanation on key amendments
to the CPE guidelines of 27 Sep 2013* and some further reforms on the
selection of CPE provide/panelists.

Thanks,

Justine
---


On Wed, 1 Jul 2020 at 07:04, Jeff Neuman <jeff at jjnsolutions.com> wrote:

> All,
>
>
>
> I am submitting these changes to Package 6 to reflect the e-mails back and
> forth with Paul from earlier today.
>
>
>
> Please note as one of the co-chairs I am not advocating for these changes,
> but I want to make sure they are officially on the record.
>
>
>
> Sincerely,
>
>
>
> Jeff
>
>
>
>
>
>
>
> *From:* Gnso-newgtld-wg <gnso-newgtld-wg-bounces at icann.org> *On Behalf Of
> *Aikman-Scalese, Anne
> *Sent:* Tuesday, June 30, 2020 6:57 PM
> *To:* Susan Payne <susan.payne at valideus.com>; Emily Barabas <
> emily.barabas at icann.org>; gnso-newgtld-wg at icann.org
> *Subject:* Re: [Gnso-newgtld-wg] Deadline 30 June - Comments on Revised
> Draft Recommendations - Package 6
>
>
>
> My Package 6 Sheet is attached.  I also support the language change shown
> in Susan’s edits to the summary of Board action on Closed Generic
> applications in the 2012 round.
>
>
>
> On the topic of continuing WG discussion of policy as to Closed Generics
> as raised by Paul, I still think this WG should adopt the following
> framework:
>
> In the event Closed Generic applications are received, then ICANN should
> allow applicants to
>
> (1) make an application change to non-exclusive access,
>
> (2) maintain & defer until policy on Closed Generics is finalized, or
>
> (3) withdraw the application with full refund
>
>
>
> Perhaps we can discuss this proposal further after public comment on the
> draft Final Report is received. There appears to be fervent demand on the
> part of some applicants to press the case for Closed Generics in the next
> round.  I don’t believe the Board is going to want to make policy on this
> issue.  (GNSO normally objects to the Board making policy.)  Yes, there is
> standing GAC Consensus Advice stating that any Closed Generic should serve
> a public interest goal.   However, clearly an applicant can take the
> position that the Board cannot reject the application and is bound to
> delegate it if the public interest case is alleged.  In fact, *we have
> draft language in the Final Report saying the Board must accept an
> application unless the terms of the AGB or the ByLaws prohibit it.  In this
> regard, we  have not seen the appropriate revisions yet on the topic of the
> Board’s exercise of its fiduciary duty.  That revised language would be
> very important on this topic and I would have to reserve this point until I
> see that revised language*.
>
>
>
> Furthermore, based on the current majority opinion in the draft Final
> Report prohibiting applications for the same string where a prior
> application is “not withdrawn”,  any string applied for as a Closed Generic
> will block any subsequent application for the same string as an “open
> generic TLD” and that also seems like an undesirable result that may not be
> in the public interest.
>
>
>
> Anne
>
>
>
>
>
> *From:* Gnso-newgtld-wg <gnso-newgtld-wg-bounces at icann.org> *On Behalf Of
> *Susan Payne
> *Sent:* Tuesday, June 30, 2020 2:03 PM
> *To:* Emily Barabas <emily.barabas at icann.org>; gnso-newgtld-wg at icann.org
> *Subject:* Re: [Gnso-newgtld-wg] Deadline 30 June - Comments on Revised
> Draft Recommendations - Package 6
>
>
>
> *[EXTERNAL]*
> ------------------------------
>
> Please find attached my issues sheet on package 6.
>
>
>
>
> *Susan Payne *Head of Legal Policy
> *Valideus*
> D: +44 (0) 20 7421 8255
> E: susan.payne at valideus.com
>
>
>
> *From:* Gnso-newgtld-wg <gnso-newgtld-wg-bounces at icann.org> *On Behalf Of
> *Emily Barabas
> *Sent:* 19 June 2020 20:14
> *To:* gnso-newgtld-wg at icann.org
> *Subject:* [Gnso-newgtld-wg] Deadline 30 June - Comments on Revised Draft
> Recommendations - Package 6
>
>
>
> Dear all,
>
>
>
> The leadership team is releasing the sixth set of revised draft
> recommendations for your review.
>
>
>
>    1. There are *6* *topics in package **6 **here, beginning on page *
>    *117**: https://docs.google.com/document/d/1Hh8Wj3IwXvi91Am1k4Zoooct2zmPOmVe1pLmjQLuQuo/edit?usp=sharing
>    [docs.google.com]
>    <https://urldefense.proofpoint.com/v2/url?u=https-3A__docs.google.com_document_d_1Hh8Wj3IwXvi91Am1k4Zoooct2zmPOmVe1pLmjQLuQuo_edit-3Fusp-3Dsharing&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=UAy6fqdE7uFkRCc7uzN4yui8bwTtqofadZHiQEIO1vw&m=uXGaPUSoFhKWmaFqsQ67trhkTSK9SeAw4GTGqGFtE_M&s=qX4m7Ii-oWrFm5sEB9ubA8stVlLr282zSv9_TKjy4wQ&e=>*
>
>
>
> ·        2.2.4 Different TLD Types (last discussed on 23 Apr
> <https://community.icann.org/display/NGSPP/2020-04-23+New+gTLD+Subsequent+Procedures+PDP>
> )
>
> ·        2.2.8 Conflicts of Interest (this is new section, but the
> recommendation contained in it was discussed on 9 Apr
> <https://community.icann.org/display/NGSPP/2020-04-09+New+gTLD+Subsequent+Procedures+PDP>
> under topic Objections)
>
> ·        2.6.1 Application Queuing (last discussed on 8 Jun
> <https://community.icann.org/display/NGSPP/2020-06-08+New+gTLD+Subsequent+Procedures+PDP>
> )
>
> ·        2.7.3 Closed Generics (last discussed on 14 May
> <https://community.icann.org/display/NGSPP/2020-05-14+New+gTLD+Subsequent+Procedures+PDP>
> )
>
> ·        2.8.1 Objections (last discussed on 9 Apr
> <https://community.icann.org/display/NGSPP/2020-04-09+New+gTLD+Subsequent+Procedures+PDP>
> )
>
> ·        2.9.1 Community Applications (last discussed on 8 Jun
> <https://community.icann.org/display/NGSPP/2020-06-08+New+gTLD+Subsequent+Procedures+PDP>
> )
>
>
>
>
>
>    1. *Please limit comments to items in the revised sections that you
>    absolutely “cannot live with.” If there is text that you cannot accept,
>    please fill out the attached form and send it to the WG by email.* Please
>    do not provide your input in any other format.
>
>
>
>    1. Deadline for comments is Tuesday *30* *June** at 23:59 UTC*
>
>
>
>    1. Comments will be tracked here:  https://community.icann.org/x/JDKJBw
>    .
>
>
>
> Kind regards,
>
> Emily
>
>
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