Tag Archives: GNSO

ICANN: GNSO Policy Development Process on IGO-INGO Access to Curative Rights Protection Mechanisms Policy Recommendations for ICANN Board Consideration

Brief Overview

Purpose: This public comment proceeding seeks to obtain community input prior to Board action on certain final policy recommendations from the Generic Names Supporting Organization Policy Development Process on IGO-INGO Access to Curative Rights Protection Mechanisms.

Current Status: The GNSO Council approved PDP Recommendations 1-4 during its meeting on 18 April 2019. The GNSO Council did not approve PDP Recommendation 5 which therefore does not form part of this public comment proceeding.

Next Steps: The ICANN Board is expected to meet to discuss taking action on the four approved recommendations following the close of this public comment proceeding.

Section I: Description and Explanation

At its meeting on 18 April 2019, the Generic Names Supporting Organization (GNSO) Council voted to adopt Recommendations 1-4 contained in the Final Report from the Working Group that it had chartered to conduct a Policy Development Process (PDP) to develop policy recommendations concerning access to curative rights protection mechanisms by International Governmental Organizations (IGOs) and International Non-Governmental Organizations (INGOs). The four approved recommendations are being sent to the ICANN Board for its review. In line with the ICANN Bylaws, this public comment proceeding is being opened so that the community has a reasonable opportunity to comment on the four recommendations prior to Board action.

The four recommendations approved by the GNSO Council include the following points: no substantive changes to existing rights protection mechanisms are needed for INGOs; no specific new dispute resolution procedures should be created for IGOs; and clarifying policy guidance is to be developed as to the the filing of complaints by IGOs under the existing procedures.

The fifth and final PDP recommendation was not approved by the GNSO Council and as such does not form part of this public comment proceeding.

Section II: Background

In June 2014, the GNSO Council approved a resolution to initiate a PDP, which was directed to consider whether, in light of the specific needs and circumstances of IGOs and INGOs: (1) the curative rights protection mechanisms currently in place for both existing and new generic top level domains (gTLDs) should be amended and, if so, in what respects; or (2) a separate, narrowly-tailored dispute resolution procedure modeled on the existing curative rights protection mechanisms should be developed.

In order to arrive at a set of preliminary recommendations and conclusions, the Working Group analyzed the questions outlined in its Charter, reviewed historical documentation related to the topic, reached out to the community for input, and sought the opinion of an international legal expert to provide guidance on relevant legal instruments and applicable international law. On 20 January 2017, the PDP WG published its Initial Report for public comment. Following an extensive review of all the public comments received as well as additional discussions over a number of policy options developed subsequent to the Initial Report, the Working Group finalized its recommendations and submitted its Final Report to the GNSO Council on 9 July 2018. The Final Report included three Minority Statements filed by three members of the Working Group. These Minority Statements can be found in Annex B of the Final Report.

At its meeting on 19 July 2018, the GNSO Council resolved to acknowledge and accept the Final Report from the IGO-INGO Access to Curative Rights Mechanisms PDP Working Group, and noted that it would consider the topic of curative rights protections for IGOs in the broader context of the appropriate overall scope of protection for all IGO identifiers. Due to GNSO Council concerns, the Final Report was discussed extensively both during a webinar and over the course of several GNSO Council Meetings, where discussion was undertaken to determine the best course of action for the Working Group’s Final Report recommendations. On 18 April 2019, the Council resolved to approve recommendations 1-4 and refer recommendation 5 to be considered by the Review of All Rights Protection Mechanisms in All gTLDs PDP as part of its Phase 2 work. This public comment proceeding is only in respect to recommendations adopted by the GNSO Council, which are recommendations 1-4.

Section III: Relevant Resources

IGO-INGO Access to Curative Rights Protection Mechanisms PDP WG Final Report

Section IV: Additional Information

Open Date: 11 Jul 2019

Close Date: 20 Aug 2019

Staff Report Due: 3 Sep 2019

This ICANN public comment notice was sourced from: https://www.icann.org/public-comments/igo-ingo-crp-recommendations-2019-07-11-en

ICANN: Expressions of Interest Sought for Chair of GNSO EPDP on the Temporary Specification for gTLD Registration Data

The Generic Names Supporting Organization (GNSO) is looking for expressions of interest to chair its Expedited Policy Development Process (EPDP) team on the Temporary Specification for gTLD Registration Data. The EPDP team is being formed following the adoption of the Temporary Specification by the ICANN Board, which went into effect on 25 May 2018.

The EPDP team is required to complete its work before the expiration of the Temporary Specification on 24 May 2019.

The GNSO Council is looking to appoint a neutral Chair to the EPDP team. While the EPDP Chair may be a member of a group already represented on the EPDP team, the EPDP Chair shall not act in a manner which favors such group. With such an important issue under consideration, significant responsibility comes with the role to ensure the success of deliberations.

The EPDP team is expected to have weekly calls, although it may be necessary to hold multiple calls per week. Additionally, the EPDP team may have multiple face-to-face meetings in order to meet the required milestones of the EPDP. An illustrative timeline has been included in Annex B; the bulk of the EPDP team work is expected to take place between now and February 2019.

There will be no compensation associated with the role of the EPDP Team Chair; however, travel associated with any face-to-face meetings may be supported.

To express interest in this role, please submit an Expression of Interest that answers the following questions:

  • What is your interest in this position?
  • What particular skills and attributes do you have that will assist you in chairing the EPDP?
  • What is your knowledge of the Temporary Specification for gTLD Registration Data and associated requirements particularly as it relates to the EPDP?
  • What is your experience in and knowledge of the GNSO Policy Development Process and domain name registration process as it relates to ICANN?
  • Are you able to commit the time required and necessary work needed to chair the EPDP?
  • Conflict of Interest Statement – do you have any affiliation with or involvement in any organization or entity with any financial or non-financial interest in the subject matter of this EPDP?
  • Please also include:

Expressions of Interest are to be submitted to EOI-EPDPTeam-Chair@icann.org by 13 July 2018 at 14:00 UTC.

Application materials will be reviewed by the Council leadership and/or a designated committee and will not be shared publicly. Names of applicants, including the recommended candidate, will be shared with the GNSO Council for its consideration. The Council leadership and/or designated committee is expected to provide its recommendation to the GNSO Council in time for the GNSO Council meeting scheduled for 19 July 2018. The EPDP team is expected to convene for its first meeting shortly thereafter and is expected to be asked to appoint two vice-chairs to support the EPDP Team Chair.

Additional questions and inquiries can be sent to EOI-EPDPTeam-Chair@icann.org.

For more information on the Temporary Specification, please see https://www.icann.org/resources/pages/gtld-registration-data-specs-en. Additional information about the EPDP is located in Annex-A1 of the ICANN Bylaws https://www.icann.org/resources/pages/governance/bylaws-en/#annexA1 and the EPDP Manual https://gnso.icann.org/en/council/annex-4-epdp-manual-30jan18-en.pdf.

ANNEX A – CHAIR RESPONSIBILITIES AND EXPECTATIONS

As outlined in the GNSO Working Group Guidelines (WGG), the purpose of a Chair is to call meetings, preside over working group deliberations, manage the process so that all participants have the opportunity to contribute, and report the results of the Working Group to the Chartering Organization. These tasks require a dedicated time commitment as each week calls have to be prepared, the agenda concretized, and relevant material has to be reviewed. The Chair shall be neutral.  While the Chair may be a member of any group which also has representation on the EPDP Team, the Chair shall not act in a manner which favors such group. The Chair shall not be a member of the PDP Team for purposes of consensus calls.

In addition, it is required – that interested candidates have considerable experience in Chairing working groups, and direct experience with at least one GNSO Policy Development Process throughout its lifecycle would be an advantage. Familiarity with the functioning of a Working Group is important to understand the various leadership skills that are necessary to employ during a WG’s lifecycle. For example, a chair has to ensure that debates are conducted in an open and transparent matter and that all interests are equally represented within the Group’s discussions. During the later stages of a WG when recommendations are drafted, a Chair will benefit from understanding the viewpoints of various members to ensure that an acceptable and effective outcome – ideally in form of consensus – can be achieved.

In short, the EPDP Team Chair is expected to:

  1. Attend all WG meetings to assure continuity and familiarity with the subject matter and the on-going discussions;
  2. Prepare meetings by reading all circulated materials;
  3. Be familiar with the subject matter, including but not limited to GDPR and trademark law, and actively encourage participation during the calls
  4. Be active on the WG mailing list and invite WG participants to share their viewpoints;
  5. Drive forward the WG and assure that discussions remain on point;
  6. Work actively towards achieving policy recommendations that ideally receive full consensus;
  7. Ensure that particular outreach efforts are made when community reviews are done of the group’s output;
  8. Underscore the importance of achieving overall representational balance on any sub-teams that are formed;
  9. Encourage and, where necessary, enforce the ICANN Standards of Behavior.
  10. Co-ordinate with ICANN staff and assure that the WG is supported as effectively as possible
  11. Conduct consistent timely reporting to the GNSO Council on the progress of the ePDP.

Finally, as also pointed out the in GNSO Working Group Guidelines, ‘appointing a co-chair(s) or vice-chair(s) may facilitate the work of the Chair by ensuring continuity in case of absence, sharing of workload, and allowing the Chair to become engaged in a particular debate.’ As a result, similar tasks and skills are expected from vice chairs, although the overall workload may be reduced as a result of being able to share this with the chair.

ANNEX B – ILLUSTRATIVE EPDP TIMELINE

Draft EPDP Timeline

 

 

This ICANN announcement was sourced from:
https://www.icann.org/news/announcement-2018-07-02-en

ICANN: Request for Proposal: Rights Protection Mechanisms Survey

ICANN is seeking to identify one or more suppliers qualified to develop and conduct survey(s) to assess the use and effectiveness of Sunrise and Trademark Claims Rights Protection Mechanisms (RPMs). These RPMs are services provided through ICANN‘s Trademark Clearinghouse (TMCH) for trademark owners.

RPMs refer to those policies and processes developed to provide workable mechanisms for trademark owners to either prevent or remedy certain unauthorized use of their trademarks in the domain name system. The Sunrise service provides priority access to rights holders to request domain names associated with their trademark(s). The Trademark Claims service provides notification to: (a) a potential domain name registrant attempting to register a domain name that matches a trademark record entered into the TMCH, and (b) a rights holder after registration of a matching domain name.

As Sunrise and Trademark Claims RPMs have not been subject to policy review to date, no comprehensive, publicly available data currently exists that measures their effectiveness. By surveying the specific respondent groups identified by the ICANN community as most affected by Sunrise and Trademark Claims RPMs, ICANN aims to assist the community to evaluate the efficacy of these RPMs, as well as bolster ICANN‘s data collection efforts related to the RPMs.

For a complete overview of the RFP including the timeline, please see here [PDF, 86 KB].

Indications of interest are to be received by emailing RPMs.Survey-rfp@icann.org. Proposals should be electronically submitted by 23:59 UTC on 09 March 2018 using ICANN‘s sourcing tool, access to which may be requested via the same email address above.

This ICANN announcement was sourced from:
https://www.icann.org/news/announcement-2018-01-29-en

ICANN: Call for Volunteers: GNSO New gTLD Subsequent Procedures PDP WG Work Track 5 (Geographic Names at the Top-Level)

In Brief

ICANN logoThe New gTLD Subsequent Procedures Policy Development Process Working Group seeks volunteers to serve on a new sub team, known as Work Track 5, which will focus exclusively on the treatment of geographic names at the top level. This issue is one of the topics in the WG‘s charter [PDF, 196 KB].

What This Team Will Do

Work Track 5 will focus on developing proposed recommendations regarding the treatment of geographic names at the top-level. The Work Track may make recommendations on policy and/or implementation related to 2-letter codes, 3-letter codes, short form and full country and territory names, city/state/region names, and other geographically significant names.

How This Team Will Work

ICANN WGs use transparent, open processes. The meetings of this Work Track will be recorded, transcribed, and the recordings will be made available to the public. The mailing list for the Work Track will be archived publicly. The group will collaborate using a public workspace for draft materials and all final work products and milestones will be documented on the WG‘s wiki. In addition to a Terms of Reference, the Work Track will be governed under the GNSO Working Group Guidelines [PDF, 349 KB] as well as the GNSO PDP Manual [PDF, 260 KB].

The Work Track will be structured to encourage broad and balanced participation from different parts of the community, and includes joint community Work Track leadership from ALAC, GAC, ccNSO and GNSO. As with the other Work Tracks, WT5 leadership will be coordinated by the PDP WG co-chairs.

How to Participate

There are two ways to volunteer:

  • Members – anyone interested can volunteer to join the Work Track as a member, regardless of whether they are members of the ICANN community. Members are expected to actively contribute to mailing list conversations as well as meetings – it is anticipated that the Work Track will meet on a weekly basis via teleconference. Members are expected to provide essential input to the process, orally or through written input. Members will be required to provide a Statement of Interests (SOI).
  • Mailing list observers – for those who are merely interested in monitoring the Work Track’s conversations, there is the possibility to sign up as a mailing list “observer” which offers read-only access to the mailing list. Mailing list observers will not be permitted to post, will not receive invitations to the various meetings or calls of the Work Track and will not have to complete a Statement of Interest. At any point in time, a mailing list observer can join the Work Track as a member simply by informing the GNSO Secretariat.

In addition, there may be opportunities to provide input through public consultations and public comment processes. Note, joining Work Track 5 as a member or mailing list observer does not require joining or participating in the full Working Group, though it is encouraged.

How to Join

If you are interested in joining Work Track 5 as a member or mailing list observer, please fill in the sign up form. If you are having trouble using the sign-up form, please email gnso-secs@icann.org for assistance.

All members and observers will be listed on the PDP WG‘s wiki page.

Next Steps

The call for volunteers will be circulated as widely as possible in order to ensure broad representation and participation in Work Track 5. This initial call will remain open until 20 November. Volunteers are also welcome to join the Work Track at any time after 20 November. Members who join the Work Track after work has begun will be responsible for reviewing all Work Track deliberations, agreements, and documents so that they are prepared to participate fully. Regular online meetings will be scheduled in accordance with the Work Track’s work plan, which it is expected to develop as one of its first tasks.

Drafting of WT5 Terms of Reference is currently underway with the WT leadership and will be finalized in the near future.

Background

In 2005, the Generic Names Supporting Organization (GNSO) began a Policy Development Process (PDP) to consider the introduction of new gTLDs. The two-year PDP process resulted in a set of 19 GNSO policy recommendations for implementing new gTLDs. In order to implement the policy recommendations of the GNSO, a number of draft Applicant Guidebooks (AGBs) were developed by ICANN staff in consultation with the community. In June 2011, ICANN‘s Board of Directors approved the final AGB and authorized the launch of the New gTLD Program.

The New gTLD Program application window opened on 12 January 2012 and a total of 1930 complete applications were received. The first set of Initial Evaluation results were released on 22 March 2013, followed by the first set of new gTLD delegations on 21 October 2013.

All applications have now completed the evaluation process and as of mid October 2017, there are over 1,200 gTLDs delegated. Although the 2012 round is ongoing, efforts to examine the round have already begun, which included the initiation of the GNSO‘s PDP on New gTLD Subsequent Procedures in early 2016.

Although the original charter [PDF, 196 KB] approved by the GNSO Council put the topic of geographic names at the top level in Work Track 2 dealing with legal and regulatory issues, the full PDP Working Group approved the creation of this new Work Track 5 to focus exclusively on the treatment of geographic names at the top level.

This ICANN announcement was sourced from:
https://www.icann.org/news/announcement-2017-10-22-en

ICANN: GNSO Operating Procedures and ICANN Bylaws

Brief Overview

ICANN logoPurpose: On 1 December 2016, the GNSO Council directed ICANN Policy Staff to draft proposed language for any necessary modifications or additions to the GNSO Operating Procedures and, if applicable, those parts of the ICANN Bylaws pertaining to the GNSO as a result of the work of the GNSO Rights & Obligations under Revised Bylaws Drafting Team. This Drafting Team was tasked to identify the GNSO‘s new rights and obligations under the revised ICANN Bylaws which were adopted following the IANA Stewardship transition.

Current Status: A redline version of the GNSO Operating Procedures [PDF, 1 MB | DOCX, 380 KB] incorporating these changes, as well as the section of the ICANN Bylaws pertaining to the GNSO [PDF, 39 KB | DOCX, 23 KB] are now published for public comment.

Next Steps: Following the close of the public comment forum, the GNSO Council will review the input received and determine what steps are to be taken next, which could include further modifications and/or approval of the proposed changes. Note that any changes to the ICANN Bylaws will also need to be approved by the ICANN Board before these come into effect.

Section I: Description and Explanation

On 1 December 2016, the GNSO Council directed ‘ICANN Policy Staff to draft proposed language for any necessary modifications or additions to the GNSO Operating Procedures and, if applicable, those parts of the ICANN Bylaws pertaining to the GNSO. In its analysis of the Drafting Team (DT) recommendations (see https://gnso.icann.org/en/drafts/bylaws-drafting-team-final-report-12oct16-en.pdf [PDF, 278 KB]), staff took a minimalist approach by focusing on the minimum changes needed to implement the DT recommendations, recognizing that in certain cases additional work may be desirable to facilitate the GNSO‘s participation in the Empowered Community, such as creating templates or fact sheets. Where applicable, this further work has been flagged.

Based on the analysis of the DT recommendations, staff concluded that any necessary modifications or additions could basically be categorized as follows:

  1. No new procedures and/or modifications to the ICANN Bylaws or GNSO Operating Procedures are needed as the current Bylaws and/or GNSO Operating Procedures provide sufficient guidance. For example, for those situations in which the DT indicated that a simple majority vote of each house would be applicable, no changes are needed as this is the default GNSO Council voting threshold.
  2. No new procedures and/or modifications to the ICANN Bylaws or GNSO Operating Procedures are needed as a separate mechanism has been created (the GNSO Standing Selection Committee) which will deal with the required actions in relation to appointments and nominations.
  3. Changes to section 11.3.i of the ICANN Bylaws to reflect new GNSO voting thresholds1 which are different from the current threshold of a simple majority vote of each House.
  4. Changes to the GNSO Operating Procedures, section 4.9 (Consent Agenda) to reflect that certain decisions are to be confirmed “automatically” by the GNSO Council through its consent agenda.
  5. Addition to the GNSO Operating Procedures to clarify that in specific circumstances, the GNSO Council may waive the timeframes currently referenced in the GNSO Operating Procedures in relation to submission of motions as well as scheduling of meetings to meet its obligations under the timelines outlined in the ICANN Bylaws as a Decisional Participant.
  6. Addition to the GNSO Operating Procedures to clarify that certain petitions submitted by an individual must be submitted through a GNSO Stakeholder Group or Constituency to the GNSO Council for consideration. For this purpose, each GNSO Stakeholder Group and Constituency must develop clear rules for the submission of such petitions, including any requirements for the criteria to be included in a petition. These rules would be added to the GNSO Operating Procedures as an annex once available.
  7. Addition to the GNSO Operating Procedures to clarify that all petitions concerning a director removal process submitted by an individual must be submitted directly to the GNSO Council. For this purpose, the GNSO Council will develop a clear process and rules for the submission of such petitions, including any requirements for the criteria to be included in a petition. These rules would be added to the GNSO Operating Procedures as an annex once available.

The following staff report provides further details on how each of the DT recommendations has been addressed and in which category each of the items falls: [PDF, 522 KB | DOCX, 92 KB]. The proposed changes to the GNSO Operating Procedures can be reviewed here: [PDF, 1 MB | DOCX, 380 KB]. The proposed changes to the section in the ICANN Bylaws pertaining to the GNSO can be found here: [PDF, 39 KB | DOCX, 23 KB].

In addition to these modifications, the redline version also includes the following updates:

  • Updated references to the ICANN Bylaws as many changed as a result of the post-transition Bylaws;
  • Updated the generalized schedule for board elections to align it with the timing as well as notification requirements outlined in the post-transition Bylaws;
  • Included references to the Governmental Advisory Committee (GAC) Quick Look Mechanism in the PDP Manual as a result of the GACGNSO Consultation Group recommendations, and;
  • Included references to the inclusion of a draft PDP WG Charter in the Preliminary Issue Report in the PDP Manual as a result of the GNSO Improvements recommendations.

1 Note, this only applies to voting thresholds that are not already specifically called out in the ICANN Bylaws but which are the result of the Bylaws DT recommendations.

Section II: Background

On 27 May 2016 the ICANN Board adopted a set of new ICANN Bylaws that reflect changes needed to implement the IANA Stewardship Transition Proposal. Following the completion of the transition, the GNSO Council recognized that changes may need to be made to the GNSO‘s current Operating Procedures and related mechanisms and to the ICANN Bylaws. The goal is to give effect to the new roles and obligations of the GNSO under the new ICANN Bylaws, such as those in this table [PDF, 241 KB], including but not limited to the GNSO‘s participation in the Empowered Community. It tasked the GNSO Rights & Obligations under Revised Bylaws Drafting Team to put forward recommendations for needed further changes to ICANN Bylaws and/or GNSO Operating Procedures to enable effective GNSO participation in ICANN activities. The GNSO Council accepted the DT Final Report on 01 December 2016 and directed “ICANN Policy Staff to draft proposed language for any necessary modifications or additions to the GNSO Operating Procedures and, if applicable, those parts of the ICANN Bylaws pertaining to the GNSO“. Furthermore, the GNSO Council requested that “ICANN Legal evaluate whether the proposed modifications are consistent with the post-transition Bylaws and report their findings to the GNSO Council”. Staff then analyzed the recommendations and responded with its assessment as well as a number of clarifying questions to the DT (see http://mm.icann.org/pipermail/gnso-bylaws-dt/2017-March/000170.html). A number of subsequent meetings between the DT and staff were held to resolve these questions and addressed any concerns that were raised (see [PDF, 522 KB | DOCX, 92 KB]). Following that, the DT recommendations were translated into the above outlined changes in the GNSO Operating Procedures and ICANN Bylaws which are now published for public comment prior to consideration by the GNSO Council and the ICANN Board (in the case of the ICANN Bylaws).

Section III: Relevant Resources

This ICANN announcement was sourced from:
https://www.icann.org/public-comments/gnso-op-procedures-2017-06-19-en

ICANN: Attend the GNSO Webinar on the Geographic Names at the Top-Level on 25 April

ICANN logoAs part of its efforts to engage the ICANN community on the issue of geographic names at the top-level, the Generic Names Supporting Organization (GNSO) New gTLD Subsequent Procedures Policy Development Process (PDP) Working Group (WG) will hold two webinar sessions on Tuesday, 25 April 2017.

The webinar will be the beginning of a discussion that will continue at ICANN59 in Johannesburg, South Africa. The PDP WG leadership team will be holding an extended session in Johannesburg to work through the positions presented in the webinars and propose solutions on how to establish a common ground on the way forward.

Anyone is welcome to participate in the webinar and contribute their perspectives. To attend the webinar, please email Geo-Names-Session@icann.org to receive participation details and timely updates on the program.

The first webinar session will take place at 15:00-17:00 UTC, and the second session will take place at 22:00-00:00 UTC. Various organizations and individual ICANN community members will present their positions on the treatment of geographic names in the webinars.

Group Presenters

  • Brand Registry Group
  • CENTR
  • GAC Working Group on the Protection of Geographic Names
  • GeoTLD Group
  • Intellectual Property Constituency
  • International Trademark Association – Geographic Names Subcommittee (Internet Committee)
  • MARQUES

Individual Presenters

  • Heather Forrest
  • Thomas Lowenhaupt
  • Paul McGrady
  • Alexander Schubert

The webinars will be recorded and archived. Please visit this wiki page for webinar materials and additional information about the Johannesburg session.

If you have any questions, please email Geo-Names-Session@icann.org.

This ICANN announcement was sourced from:
https://www.icann.org/news/announcement-2017-04-19-en

ICANN: Webinar On the GNSO’s Policy Development Process On Curative Rights Protection Mechanisms for International Governmental and Non-Governmental Organizations

ICANN logoYou are invited to an interactive webinar on 7 February 2017 at 14:00 UTC, to discuss the preliminary recommendations just published for public comment by the Working Group for the GNSO Policy Development Process on access by International Governmental Organizations’ (IGO) and International Non-Governmental Organizations’ (INGO) access to domain name dispute resolution processes.

The public comment period for the Working Group’s Initial Report (https://gnso.icann.org/en/issues/igo-ingo-crp-access-initial-19jan17-en.pdf) closes on 1 March 2017.

During this webinar, attendees will have the opportunity to ask questions following a brief presentation of the Working Group’s preliminary recommendations by the Working Group co-chairs. Attendees will learn about the Working Group’s initial proposals for:

  • Whether to modify the Uniform Domain Name Dispute Resolution Policy (UDRP) or the Uniform Rapid Suspension (URS) process to address the specific needs of IGOs and INGOs;
  • How an IGO may demonstrate standing to file a complaint under the UDRP or URS in the absence of trademark rights;
  • A Policy Guidance document to clarify the scope of application of the UDRP and URS to IGOs; and
  • Considerations relating to possible claims of jurisdictional immunity by IGOs in appeals from UDRP and URS determinations.

Details:

Date – 7 February 2017
Time – 1400 UTC for 60 minutes

How to Join:

Please sign up here or send an email to gnso-secs@icann.org confirming your participation.

The webinar will be conducted in English. A recording and transcript will be posted on the GNSO website following the webinar.

This ICANN announcement was sourced from:
https://www.icann.org/news/announcement-2-2017-01-27-en

ICANN: GNSO Initial Report on the IGO-INGO Access to Curative Rights Protection Mechanisms Policy Development Process

ICANN logoBrief Overview

Purpose: This public comment proceeding is being opened in order to obtain community input on the Initial Report from the GNSO‘s Policy Development Process Working Group that is evaluating IGO and INGO’s access to curative rights protection mechanisms.

Current Status: This Initial Report on IGO-INGO Access to Curative Rights Protection Mechanisms is posted for public comment as required by the GNSO Operating Procedures.

Next Steps: Following review of public comments received on this report, the Working Group will update the Report as appropriate to reflect public comment. The Working Group will submit its Final Report to the GNSO Council for its consideration.

Section I: Description, Explanation, and Purpose

In June 2014, the GNSO Council approved a resolution to initiate a Policy Development Process (PDP), which was directed to consider the specific needs and circumstances of international governmental organizations (IGOs) and international non-governmental organizations (INGOs): (1) the curative rights protection mechanisms currently in place for both existing and new generic top level domains (gTLDs) should be amended and, if so, in what respects; or (2) a separate, narrowly-tailored dispute resolution procedure modeled on the existing curative rights protection mechanisms should be developed.

In order to arrive at a set of preliminary recommendations and conclusions, the Working Group (WG) analyzed the questions outlined in its Charter, reviewed historical documentation related to the specific topic, reached out to the community for input, as well as sought the input of an international legal expert to provide guidance on relevant legal instruments and applicable international law. The WG did not yet take formal consensus calls on its preliminary recommendations and in fact, presents multiple options for policy recommendation language in one instance.

This Initial Report [PDF, 1.19 MB] is being published for public comment in accordance with the GNSO Operating Procedures. Following analysis of all public comments received, the WG will finalize its recommendations and prepare a Final Report for delivery to the GNSO Council, for its review and action.

Section II: Background

In June of 2014, the GNSO Council initiated the PDP, and the WG commenced its work in August of 2014 through weekly teleconference meetings, discussions on its mailing list, and face-to-face sessions involving the broader community at ICANN Public Meetings. In addition, the WG was selected by the GNSO Council to participate in a pilot face-to-face full-day session assisted by a facilitator, immediately following the ICANN Public Meeting in Singapore in February of 2015.

The WG has developed preliminary recommendations for a number of the charter questions it was tasked to address, which are described in its Initial Report. The Initial Report also contains alternative formulations of policy recommendation text in one instance. Community feedback is therefore sought on the preliminary recommendations, open questions and alternative formulations. The WG will review all public comments received as part of its preparations of its Final Report for delivery to and vote by the GNSO Council.

Section III: Relevant Resources

Open Date: 20 Jan 2017 23:59 UTC

Close Date: 1 Mar 2017 23:59 UTC

Staff Report Due: 31 Mar 2017 23:59 UTC

This ICANN announcement was sourced from:
https://www.icann.org/public-comments/igo-ingo-crp-access-initial-2017-01-20-en

ICANN: Proposed Charter Amendments of the GNSO Business Constituency

ICANN logoBrief Overview: The purpose of this public comment period is to obtain community input on proposed changes to the charter of the GNSO‘s Business Constituency. The changes have been approved by the membership of the Business Constituency and are awaiting Board review and approval. Consistent with the Board’s 2013 process for review of changes to community charter documentation, the Board’s Organizational Effectiveness Committee has authorized this public comment period for a period of 40 days.

Purpose: Obtain community input on proposed amendments to the charter of the GNSO‘s Business Constituency

Current Status: Charter changes have been approved by the membership of the Business Constituency; ICANN staff has assessed the amendments and determined that the proposals do not present any direct fiscal or liability concerns to the ICANN organization.

Next Steps: Awaiting Board review and approval – pending community feedback.

Section I: Description, Explanation, and Purpose

The GNSO Business Constituency (BC) has completed Phase I of the formal ICANN Board Process for approval of community charter amendments and voted to amend its governing Charter documentation. In addition, as part of its Phase II Board Process responsibilities, ICANN staff has assessed the charter changes and determined that the proposals do not present any direct fiscal or liability concerns to the ICANN organization.

Accompanying this public comment announcement (see link below) is a document titled Business Constituency Charter (v3.0) – adopted by BC Vote on 17 October 2016. The document reflects the BC‘s complete new 2016 charter documentation and is presented “clean” rather than “red-lined”. There are historical and practical reasons for this. The document is the culmination of exhaustive work by a drafting team commissioned by the BC leadership. The drafting team held 34 hourly sessions since first involving ICANN Staff in the project back in October 2014. Since that time, the team produced 45 separate versions of the document – resulting in this final version being approved by the BC community and now being shared with the larger community for review.

Before finalizing the effort, every provision, principle, paragraph, and reference of the previous BC charter documentation was thoroughly analyzed, evaluated, edited and reviewed – in many instances more than once.

The final product can best be described as representing an exhaustive and thoughtful deliberation of every charter provision, including a significant amount of new “best-of-breed” material recommended to the community by staff. It is, in effect, a brand new document. As such, it would not be productive to present to any reviewer a typical “red-lined” version as the revisions would dwarf the new text.

Reviewers of the new revised document should scrutinize it as though it were freshly created. Due to the extent of the revisions, a full 40-day community review and comment period is contemplated for this matter.

Section II: Background

The ICANN Bylaws (Article X, Section 5.3) state, “Each Stakeholder Group shall maintain recognition with the ICANN Board.” The ICANN Board has interpreted this language to require that it must formally approve any GNSO Stakeholder Group and/or Constituency Charter amendments.

In 2013, the Board approved a Process For Amending GNSO Stakeholder Group and Constituency Charters (hereinafter “Process”) establishing four process phases that must be executed to secure formal Board approval of any community governance changes.  Those phases are:

  • Phase I: Amendment Preparation
  • Phase II: Staff Review
  • Phase III: Public Comments
  • Phase IV: Board Review

After receiving a recommendation from the Organizational Effectiveness Committee (OEC), the Board shall either:

  1. Recognize the proposed charter amendment by a simple majority vote; or
  2. Reject the proposed amendment by a supermajority (2/3) vote and provide a specific rationale for its concerns.

If neither above condition is met, the Board will ask for further explanation of the proposed amendments by the community.

Section III: Relevant Resources

Section IV: Additional Information

This ICANN announcement was sourced from:
https://www.icann.org/public-comments/bc-charter-amend-2017-01-06-en

Pre-ICANN57 Policy Update Webinar

ICANN57 Hyderabad India LogoThe ICANN Policy Development Support Team will provide a Policy Update Webinar on Thursday, 20 October 2016 at 10:00 UTC and 19:00 UTC, in preparation for the upcoming ICANN Annual General Meeting in Hyderabad.

The purpose of the webinar is to summarize policy activities across the ICANN policy development community and briefing the community on the Cross-Community sessions taking place in Hyderabad.

Cross-Community Sessions Briefings:

  • New generic Top Level Domain Auction Proceeds Drafting Team
  • Cross-Community Working Group for Framework of Cross-Community Working Group Principles
  • Cross-Community Working Group on Use of Country/Territory Names as Top Level Domains

Community Engagement Team Update:

  • Community Recognition at ICANN57 and Multistakeholder Ethos Award 2017 Process Launch
  • Supporting Organizations/Advisory Committees Work Effort Inventory/Snapshot Update
  • Policy Staff Support in Community Charter Amendment Processes

Supporting Organizations & Advisory Committee Updates:

  • Address Supporting Organization (ASO) and Regional Internet Registries (RIR) Policy Development
  • Country Code Names Supporting Organization (ccNSO) Update
  • Generic Names Supporting Organization (GNSO)
    • New generic Top Level Domain (gTLD) Subsequent Procedures Policy Development Process (PDP)
    • Review of all Rights Protection Mechanisms in all Generic Top Level Domains (gTLDs) Policy Development Process (PDP)
    • Next-Generation Generic Top Level Domain (gTLD) Registration Directory Services to Replace WHOIS Policy Development Process (PDP)
    • IGO/INGO Access to Curative Rights Mechanisms Policy Development Process (PDP)
  • At-Large Advisory Committee (ALAC) and At-Large Community Update
  • Government Advisory Committee (GAC)
    • Adaptation of Government Advisory Committee (GAC) Processes to the new ICANN Bylaws
    • Government Advisory Committee Vice-Chairs Elections taking place in Hyderabad
    • Capacity Building Session for the Asia Pacific Region organized by the Government Advisory Committee (GAC) Working Group for Underserved Regions
    • The Government Advisory Committee developing further input for ongoing Policy Development Processes on Registration Directory Services and Future new generic Top Level Domains (gTLDs)
  • Root Server System Advisory Committee (RSSAC) Update
  • Security and Stability Advisory Committee (SSAC) Update

The two sessions are duplicates, scheduled to accommodate different time zones. Each session runs for 90 minutes and will be run in English. The webinar will be conducted in Adobe Connect along with a dial-in conference bridge for audio.

Participants will have the opportunity to ask questions at the end of each session. During the course of the webinar, questions may be submitted using the chat function in Adobe Connect.

Recordings of the webinars will be made available here. The Policy Development Support Team is always available to answer any questions via email at policyinfo@icann.org.

Please RSVP via this form by 14 October 2016.
Remote participation details will be sent the week of 17 October 2016.

This ICANN announcement was sourced from:
https://www.icann.org/news/announcement-2016-10-05-en