[SubPro-IRT] REMINDER | SubPro IRT Meeting #23 | 19 December 2023, 14:00-15:00 UTC

Tue Dec 19 14:09:59 UTC 2023

Hi Jason, thank you for the helpful background.  "To the extent feasible"
is better than "if applicable" as it eliminates the binary choice with the
possibility of unexplained "not applicable".

I note your last bullet containing Board advice:

   - The Board believes that the intent of this recommendation can be met
   if a GAC member provides a rationale why a remedy to their early warning is
   not possible.

Your suggested language does not seem to require a rationale if the GAC
member believes a remedy is not possible.  I would therefore suggest the
following:

Governments issuing Early Warnings must include a written explanation
describing *1) *why the GAC Early Warning was submitted, *2) how specific
national laws and/or sensitivities are implicated,* *3) *how the applicant
may address *remedy *the GAC member’s concerns *to the extent feasible, or
if the GAC member believes a remedy is not possible then the GAC member
must provide a rationale*, if applicable, as well as *and, 4) *identify the
*all *objecting countries *and the nominated contact from each*.

Would that work for the GAC?

[image: Logo]

Mike Rodenbaugh

address:

548 Market Street, Box 55819

San Francisco, CA 94104

email:

mike at rodenbaugh.com

phone:

+1 (415) 738-8087
*WORLD TRADEMARK REVIEW "WTR 1000" Top Global TM Counsel*
*2012 to present
[Book a Meeting <https://www.cloudhq.net/meeting/XC81iInExBDubRBjgCt>]*

On Tue, Dec 19, 2023 at 2:54 AM Merritt, Jason (ISED/ISDE) <
Jason.Merritt at ised-isde.gc.ca> wrote:

> Hi Mike, all,
>
>
>
> I just wanted to flag some language regarding the GAC EW’s.
>
>
>
> Your proposed edits / notes below remove some of the balanced language
> that was agreed with the Board following GAC input. I.e. “ how the
> applicant may address the GAC member’s concerns if applicable” – I believe
> the “if applicable” is what the Board added to address the GAC’s request to
> note this may not always be possible.
>
>
>
> The GAC noted this in the ICANN77 Communiqué: *Regarding Recommendation
> 30.6, the GAC agrees with the notion that a GAC Early Warning should be
> explained and that in order to ensure constructive dialogue at an early
> stage of the procedure and mitigate these concerns it is important for
> government(s) issuing Early Warning(s) or the GAC in its advice to provide
> a written explanation/rationale. However, the GAC wishes to recall the
> compromise language brought forward by the GAC, as applications may not
> always be able to be remedied in the opinion of the government(s) issuing a
> GAC Early Warning. Therefore, the GAC proposes the adoption of an updated
> language to Recommendation 30.6 as follows: “[...] how the applicant may
> potentially address the GAC member’s concerns to the extent feasible”.*
>
>
>
> The Board responded: Regarding Recommendation 30.6 (in the scorecard):
>
>
>
>    - The Board notes that the GAC had previously proposed to amend the
>    recommendation with the same language (“to the extent feasible”), see the
>    2020 GAC’s public comment
>    <https://gac.icann.org/file-asset/GAC%20Subpro%20Final%20Report%20Collective%20Comment%20-%20FINAL.pdf>
>    on the Draft Final Report, and also the 2021 GAC’s public comment on
>    the Final Report
>    <https://gac.icann.org/statement/public/gac-comment-(final)-subpro-final-outputs-for-icann-board-consideration.pdf>.
>
>    - The Board believes that the intent of this recommendation can be met
>    if a GAC member provides a rationale why a remedy to their early warning is
>    not possible.
>
>
>
> I think the wording has to be something like:
>
>
>
> *Governments* *issuing Early Warnings must include a written explanation
> describing why the GAC Early* *Warning was submitted and how the
> applicant may address the GAC member’s concerns,** [** if* *applicable, **OR
> to the extent feasible ]* *as well as identify the objecting countries.*
>
>
>
> I hope this helps.
>
>
>
> Regards,
>
>
>
>
>
> Jason Merritt
>
> Sr Policy Advisor, Telecommunications and Internet Policy Branch
> Innovation, Science and Economic Development Canada / Government of Canada
> Jason.Merritt at ised-isde.gc.ca / Tel: 343-571-9775 / TTY: 1-866-694-8389
>
> Conseiller(ère) princ. en politiques, Direction generale des politiques de
> telecommunications et d'Internet
> Innovation, Sciences et Développement économique Canada / Gouvernement du
> Canada
> Jason.Merritt at ised-isde.gc.ca / Tél. : 343-571-9775 / ATS : 1-866-694-8389
>
>
>
>
>
>
>
>
>
>
>
> *From:* SubPro-IRT <subpro-irt-bounces at icann.org> *On Behalf Of *Mike
> Rodenbaugh
> *Sent:* December 19, 2023 12:39 AM
> *To:* Next Round Policy Implementation <
> NextRound_PolicyImplementation at icann.org>
> *Cc:* subpro-irt at icann.org
> *Subject:* Re: [SubPro-IRT] REMINDER | SubPro IRT Meeting #23 | 19
> December 2023, 14:00-15:00 UTC
>
>
>
> Hi all,
>
>
>
> Here are my notes on the current Topic #30 draft paper:
>
>
>
> First paragraph should state that government 'sensitivities' or national
> laws must be specified in the Early Warning.
>
>
>
> Delete fn. 2.  Why should Org be allowed to unilaterally extend this time
> period on its own whim?
>
>
>
> Change this sentence:  The GAC Early Warning notice may *must *include a
> nominated point of contact for further information *consultation with the
> applicant.*
>
>
>
> Clarify this last sentence re EWs:  Governments issuing Early Warnings
> must include a written explanation describing *1) *why the GAC Early
> Warning was submitted, *2) how specific national laws and/or
> sensitivities are implicated,* *3) *how the applicant may address the GAC
> member’s concerns, if applicable, as well as *and, 4) *identify the *all *objecting
> countries *and the nominated contact from each*.
>
>
>
> The paragraph at fn 6 and 7 needs to be reworked - bad grammar.
>
>
>
> This is not right:  "The applicant will have a period of 21 calendar days
> from the time the Board acknowledges receipt of the advice in which to
> submit a response."  The time period should be longer than 21 days (as it
> would typically take much longer than that to meet with government reps),
> and should not be keyed from a time unknown to the applicant.  Also bad
> grammar.
>
>
>
> Best,
>
> Mike
>
> [image: Logo]
>
> *Mike Rodenbaugh*
>
> *address:*
>
> 548 Market Street, Box 55819
>
> San Francisco, CA 94104
>
> *email:*
>
> mike at rodenbaugh.com
>
> *phone:*
>
> +1 (415) 738-8087
>
> *WORLD TRADEMARK REVIEW "WTR 1000" Top Global TM Counsel*
>
> *2012 to present
>   [Book a Meeting <https://www.cloudhq.net/meeting/stTkgqqvVTxS40EySIJv>]*
>
>
>
>
>
> On Mon, Dec 18, 2023 at 6:00 AM Next Round Policy Implementation <
> NextRound_PolicyImplementation at icann.org> wrote:
>
> Dear All,
>
>
>
> Meeting #23 of the SubPro IRT will be held on *19 December **2023* at *14*
> *:00-**15**:**0**0* *UTC* [local time
> <https://www.timeanddate.com/worldclock/fixedtime.html?msg=SubPro+IRT+Meeting+%2323+%7C+19+December+2023%2C+14%3A00-15%3A00+UTC&iso=20231219T14&p1=1440&ah=1>].
> The agenda can be consulted here <https://community.icann.org/x/dZOZDg>.
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> <https://www.icann.org/resources/pages/expected-standards-2016-06-28-en>. Please
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>
>
>
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