[ALAC] Red Cross/IOC - Questions for Consensus Call - Reply due by September 26th

Thu Sep 20 20:04:57 UTC 2012

Indeed!  The ALAC's business is predicated on open-ness.  So to 'intrude'
is to be responsive.

- Carlton

==============================
Carlton A Samuels
Mobile: 876-818-1799
*Strategy, Planning, Governance, Assessment & Turnaround*
=============================

On Thu, Sep 20, 2012 at 9:35 AM, Rinalia Abdul Rahim <
rinalia.abdulrahim at gmail.com> wrote:

> Dear Avri,
>
> You make a very persuasive case.  I am inclined to back your recommendation
> (i.e., recommend a PDP and advocate for splitting the issue).
>
> Thank you for "intruding" and please do it again in the future whenever you
> see the need to help the ALAC re-think and re-set its course.
>
> Best regards,
>
> Rinalia
>
>
> On Thu, Sep 20, 2012 at 9:52 AM, Avri Doria <avri at acm.org> wrote:
>
> > Hi,
> >
> > Please forgive me for intruding in your discussions.
> >
> > I see that you mostly have made up your minds to support this travesty,
> > but I want to add a contrary note to your deliberations.
> >
> > If we give the IOC and the IFRC what they want in this motion, we will
> > never be able to take it away from the them.  You will be supporting
> > granting this as IOC base 'rights'.
> >
> > Please, do not hold your noses.  Please smell the skunk for what it is
> and
> > recommend against it.  Recommend a PDP and recommend splitting the issue.
> >  Please do not recommend creating a new special reserve list (whatever
> they
> > call a rose is a rose and a duck is a duck).
> >
> > Unlike Alan, I beleive that a PDP can complete in time.
> >
> > Be that as it may, please understand that anything given temporarily now
> > will become the new base on which future give aways will be built.  That
> is
> > the way of the world, and certainly the way of ICANN.
> >
> > We can call it as temporary as we want but it won't matter, because there
> > is nothing so permanent as a temporary solution.
> >
> > avri
> >
> > On 19 Sep 2012, at 22:31, Carlton Samuels wrote:
> >
> > > My ALAC position was to delink the Red Cross from the IOC, different
> > > animals altogether.  The recent controversy about how the IOC hogs the
> > > funds from the Olympics is further evidence to support that posture.
> > >
> > > No contest that Usain Bolt has done more for revenues this year than
> any
> > > other single athlete.  But the Jamaican Olympic Committee is left to
> > > scrounge for a few more scholarships from all the money them suckers
> > reaped
> > > off his performance! Unconscionable.
> > >
> > > I will hold my nose and support the position Alan outlined.  On
> condition
> > > that if the PDP comes as he thinks, we go to the mattresses for
> > > delinking....and even reversal.
> > >
> > > - Carlton
> > >
> > > ==============================
> > > Carlton A Samuels
> > > Mobile: 876-818-1799
> > > *Strategy, Planning, Governance, Assessment & Turnaround*
> > > =============================
> > >
> > >
> > > On Wed, Sep 19, 2012 at 12:28 AM, Alan Greenberg
> > > <alan.greenberg at mcgill.ca>wrote:
> > >
> > >> I apologize for the length of this note, but it is necessary to fully
> > >> brief you on an issue that we must come to closure on.
> > >>
> > >> The GNSO Red Cross/IOC Drafting Team has narrowed down the options
> > >> for possible recommendation to the GNSO and has pout out a Consensus
> > >> Call with replies due on September 26. I propose that this be
> > >> discussed on our list prior to the ALAC meeting on September 25th,
> > >> and that a decision be reached at that meeting to allow me to report
> > >> back to the DT at its meeting the following day.
> > >>
> > >> I specifically ask that all ALAC members who will not be able to
> > >> attend the meeting next week make their views known prior to the
> > meeting.
> > >>
> > >> Note that this proposed recommendation seems to generally be in line
> > >> with a motion adopted by the Board New gTLD Program Committee on
> > >> September 13ths, but the Drafting Team had formulated the draft
> > >> proposal well before that date. The gTLD Program Committee resolution
> > >> can be found at
> > >>
> > >>
> >
> http://www.icann.org/en/groups/board/documents/resolutions-new-gtld-13sep12-en.htm
> > >> .
> > >>
> > >> The proposal has two parts and is as follows.
> > >>
> > >>> 1. Whether a PDP is necessary to resolve the the RC/IOC issue. My
> > >>> personal position is that a PDP is not needed to resolve the issue
> > >>> for the first round. A PDP is needed for any following round. A PDP
> > >>> is being considered on the larger IGO issue (which include as a
> > >>> subset the RC/IOC), but it is not yet clear that the GNSO Council
> > >>> will proceed with it (highly likely in my mind). Since it is quite
> > >>> likely that there will be a PDP, but that it will not be complete
> > >>> prior to the first new gTLDs being deployed, the 2nd part of this
> > >>> proposal only makes sense if that PDP does proceed.
> > >>>
> > >>> 2. The Second consensus call item is a proposal originally put forth
> > >>> by J. Scott Evans and endorsed by the Registry SG which recommends
> > >>> the following:
> > >>>
> > >>> 2.a. Recommend a moratorium be placed on the registration of exact
> > >>> matches of the IOC/Red Cross names contained in the GAC
> > >>> recommendation of September 15, 2011 at the second level in the
> > >>> first round of new gTLDs pending results of the PDP covering IGO
> > >>> names, IOC/RC names and other international organizations.  This
> > >>> would provide a back stop if the PDP does not finish in time and
> > >>> would also eliminate the argument that the GNSO is just choosing
> > >>> this approach as a way of avoiding the issue.
> > >>>
> > >>> 2.b. Communicate to the GAC:
> > >>>
> > >>> 2.b.i.   That the GNSO recommends a PDP be initiated as soon as
> > >>> possible to cover IGO names, IOC/RC names any other international
> > >>> organizations.
> > >>>
> > >>> 2.b.11.  A rationale for that position with a particular emphasis on
> > >>> pointing out the things that could be accomplished via a PDP and
> > >>> that would be difficult to adequately do so otherwise.
> > >>>
> > >>> 2.b.iii. That the GNSO welcomes feedback from the GAC as soon as
> > >>> possible on this position.
> > >>>
> > >>> 2.b.iv.  That sincere efforts will be made to expedite the PDP; note
> > >>> that the work that has already been done on this issue should
> > >>> facilitate the process.
> > >>
> > >> I recommend that the ALAC support this recommendation as I have
> > >> qualified it above.
> > >>
> > >> The rationale is as follows:
> > >>
> > >> - in the longer term, it makes sense that such a major issue such as
> > >> protection of IGO (and possible other names such as charities) be
> > >> done under the auspices of a PDP. This is an issue that has come up
> > >> before. The last time in 2007, the specific question was the creation
> > >> of a dispute resolution process that could be used by IGO (since the
> > >> UDRP is for trademarks, it does not apply). Ultimately, after a LOT
> > >> of work was done, the GNSO Council chose not to do any further work
> > >> on this, with the understanding that for new gTLDs, the IGO issue
> > >> would be incorporated into the plans. It was not. If the issue is not
> > >> definitively dealt with now, it will simply come back again. And no
> > >> doubt sooner than the 4 years it took to return this time.
> > >>
> > >> - If we allow the status quo to stand and the RC/IOC names are not
> > >> protected at the 2nd level as new gTLDs are deployed, AND if
> > >> ultimately a PDP decides that the RC and IOC names SHOULD be
> > >> protected at the 2nd level, there will be no practical way to call
> > >> back any names that have been registered in the interim, certainly
> > >> not until they expire. As a result, these organization will have been
> > >> impacted unreasonably. At the very least, they would have to do
> > >> significant defensive registrations. On the other hand, if the names
> > >> are protected and the PDP judges that they do not deserve this
> > >> protection, the names can easily be released at that time.
> > >>
> > >> - In recent statements, the ALAC has been more sympathetic with the
> > >> case of the Red Cross than with the IOC. However, the two are firmly
> > >> linked at this time (although they could be delinked in a future
> > >> PDP), so the only way to offer protection to the RC is to do it to
> > >> both organizations.
> > >>
> > >> - The recommendation is about as conservative as it could be given
> > >> that the organizations wanted protection for a far wide range of
> > >> languages than was originally requested in the GAC letter
> > >> (https://gacweb.icann.org/display/GACADV/2011-09-14-IOCRC-1). And of
> > >> course it is exact matches only and not the more flexible protection
> > >> that they would prefer.
> > >>
> > >> Although not a rationale for doing this, it should be noted that if
> > >> the GNSO either makes no recommendation or takes a more rigid
> > >> position that no additional protections should be granted, it is
> > >> likely (in my opinion) that the Board will do something of this sort
> > >> anyway, creating a very time-and energy-consuming issue with no real
> > >> benefit.
> > >>
> > >> _______________________________________________
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> > >>
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