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

Thu Dec 21 17:28:56 UTC 2023

Hi Nigel,

Cultural, religious or competition grounds should be a sort of sensitivity
and/or national law that should be specified in the EW, so the applicant
has some specific guidance as to what is the concern raised.

Thanks,
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/ZSiUwZwDtKZkEiLrdb5>]*

On Thu, Dec 21, 2023 at 12:59 AM Hickson, Nigel (DSIT) <
nigel.hickson at dsit.gov.uk> wrote:

> Mike cc as above
>
>
>
> Good morning.  Just following on from Jason’s note below; I was wondering
> about your suggestions (highlighted below) noting need for a country
> issuing an “early warning” to identify “national legislation or
> sensitivities” concerned. While one expects in most cases the concern would
> lie within those criteria, I would have thought that at times there could
> be other concerns, to do with cultural, religious or competition grounds.
>
>
>
> Best
>
>
>
> Nigel
>
>
>
> *From:* SubPro-IRT <subpro-irt-bounces at icann.org> *On Behalf Of *Merritt,
> Jason (ISED/ISDE)
> *Sent:* Tuesday, December 19, 2023 10:54 AM
> *To:* Mike Rodenbaugh <mike at rodenbaugh.com>; 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 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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