[SubPro-IRT] Topic 19: Application Queuing

Mon Feb 19 17:43:22 UTC 2024

Marc,

The reasons for the physical draw are rooted in California law; what you are suggesting would work in Nevada, I’m told. What I challenged was the need for the draw tickets now that this round will have the draw as it’s prioritization mechanism of choice since day 1.

Rubens

> Em 19 de fev. de 2024, à(s) 14:35, <trachtenbergm at gtlaw.com> <trachtenbergm at gtlaw.com> escreveu:
> 
> I agree.  This is overly complicated and unnecessary.  Why use paper tickets and have them be purchased?  Is this 1980?  Why not just have the applicant elect electronically through the applicant portal whether or not they wat to participate in the prioritization draw.  Only certain authorized applicant representative have access to the portal so this should be both efficient and secure.  I also don’t think we need a live draw and can just use some recognized third party provider to conduct the draw and then announce the results.
>  
> Furthermore, and further to what Rubens posted below, purchasing tickets could be deemed an illegal lottery under the laws of various US states and other countries.  Generally, the elements of an illegal lottery are: chance, prize, and consideration, all of which would be present here.
>  
> So, in sum I think:
> No tickets
> Applicants elect to participate in the prioritization draw through the applicant portal by a certain date
> Draw conducted by recognized provider and doesn’t have to be live
>  
> Best regards,
>  
> Marc H. Trachtenberg
> Shareholder
> Chair, Internet, Domain Name, e-Commerce and Social Media Practice
> Greenberg Traurig, LLP 
> 77 West Wacker Drive | Suite 3100 | Chicago, IL 60601 
> T +1 312.456.1020 
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> trac at gtlaw.com <mailto:trachtenbergm at gtlaw.com> | www.gtlaw.com <http://www.gtlaw.com/>  |  View GT Biography <https://www.gtlaw.com/en/professionals/t/trachtenberg-marc-h>
>  
> <image001.png>
> <image002.png> 
>  
> From: SubPro-IRT <subpro-irt-bounces at icann.org <mailto:subpro-irt-bounces at icann.org>> On Behalf Of Rubens Kuhl via SubPro-IRT
> Sent: Monday, February 19, 2024 9:28 AM
> To: subpro-irt at icann.org <mailto:subpro-irt at icann.org>
> Subject: Re: [SubPro-IRT] Topic 19: Application Queuing
>  
> *EXTERNAL TO GT*
> 
>  
> Complicating things shouldn't be an implementation goal. From https://oag.ca.gov/charities/raffles <https://www.google.com/url?q=https://oag.ca.gov/charities/raffles&sa=D&source=docs&ust=1708359932350488&usg=AOvVaw3x9QF84Jb3OHI95hhYPblB>:
> "Registration is not required if all tickets for a drawing are free, solicitations of voluntary donations to the organization are in no way connected to distribution of tickets, and this is made clear to all participants. If a "donation" is required in return for a ticket, registration is required."
> 
> So by selling tickets instead of giving them away, org is complicating itself and applicants unnecessarily. 
> 
> 
> 
> 
> Rubens
> 
> 
> Em 16 de fev. de 2024, à(s) 11:22, Rubens Kuhl <rubensk at nic.br <mailto:rubensk at nic.br>> escreveu:
>  
>  
> Peter, 
>  
> Using a separate ticket drawing was used in 2012 only because AGB foresaw Digital Archery. Now that the application will include priority ticket from the start, there is no sane reason to do it like this. 
>  
> I suggested an alternative in the Google Doc. 
>  
>  
> Rubens
>  
> 
> 
> Em 16 de fev. de 2024, à(s) 07:38, Peter Eakin <peter.eakin at icann.org <mailto:peter.eakin at icann.org>> escreveu:
>  
> Dear IRT Members, 
>  
> We are pleased to share a link to proposed AGB language on the subject of ‘Application Queuing’ for discussion at our meeting on Tuesday, 20 February 2024, based on the Board-adopted recommendations included in Topic 19 of the Final Report <https://gnso.icann.org/sites/default/files/file/field-file-attach/final-report-newgtld-subsequent-procedures-pdp-02feb21-en.pdf#page=86>: https://docs.google.com/document/d/1NndHCLSbv8MHmX-jsakfuj2LWRuAolGfherL0eJ-yCw/edit
>  
> A PDF version of this document and an agenda for Tuesday’s call is available here: https://community.icann.org/pages/viewpage.action?pageId=296583198  
>  
> If you have any questions or concerns, or experience difficulties accessing the above links, please let us know in advance of the meeting.
>  
> Thanks and best wishes,
>  
> Peter
>  
> Peter Eakin (Mr)
> Policy Research Specialist, Policy Research & Stakeholder Programs
> Internet Corporation for Assigned Names and Numbers (ICANN)
> Tel: + 32 493 547 913
> Office: 6 Rond Point Schuman, Bt. 1, Brussels B-1040, Belgium
>  
>  
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