[lac-discuss-en] Fw: ENC: [GAC] ".AMAZON" TLDs. Reconsideration Request.

Juan Manuel Rojas jumaropi at yahoo.com
Mon Nov 19 20:17:11 UTC 2018


Dear all, I am sharing to all of you this mail from the GAC about .amazon reconsideration request. It was originally sent in English so, excuse me all Spanish speakers if translation doesn't work appropriately:  
Quote: "Please find herein a letter dated 5 November 2018 that was sent by the Secretary General of the Amazon Cooperation Treaty Organization, H.E Ambassador Jacqueline Mendoza, on behalf of ACTO´s member States, to the Chairman of the ICANN Board and the ICANN President and CEO.

The letter confirms, with reference to the 25 October 2018 Board resolution, that the Amazon countries are willing to discuss a mutually acceptable solution for the delegation of the ".AMAZON" top-level domains and in that context look forward to meeting the ICANN President and CEO in the near future. This will be the first time he will be meeting and discussing with ACTO. In the same letter, the SG-ACTO clarifies, however, that a mutually acceptable solution has not been agreed upon yet and that the Amazon countries have not even received a written proposal.  With a view to ensuring that the upcoming meeting between Mr. Marby and ACTO member States representatives takes place in its correct context, Ambassador Mendoza calls for the nullification of the 25 October Board resolution and announces that a formal reconsideration request would be filed accordingly as per the pertinent bylaws (this was done simultaneously with the expedition of the 5 November 2018 letter).

On behalf of the Brazilian government, I would like to add that we look forward to a meaningful interaction with Mr. Marby and that we will work constructively and as speedily as possible towards achieving a formula that adequately addresses all the involved parties´s interests. However, as it becomes abundantly clear from the letters exchanged between the SG-ACTO and the ICANN President and CEO, no direct contacts have been made so far to that effect. No proposal that might have been developed has been shared with the Amazon countries, which until now, in regard to substance, have only indicated that the proposal put forward by Amazon Inc. back in 2015 contained better terms (and might therefore serve as a better starting point) that the one presented in the beginning of this year. Brazil, as well as the other Amazon countries, was therefore surprised with the Board´s resolution to direct "the President and CEO, or his designee(s), to remove the "Will Not Proceed" status and resume processing of the .AMAZON applications according to the policies and procedures governing the 2012 round of the New gTLD Program. This includes the publication of the Public interest Commitments, as proposed by the Amazon Corporation, according to the established procedures of the New gTLD Program". 

In that light, the request of reconsideration should not be interpreted as a backtrack from the previously manifested intent to negotiate (which was reaffirmed by the 5 November 2018 letter) but rather as an initiative aimed to set the record straight, thereby removing a Board´s ruling that is premature and pre-empts the outcome of discussions yet to take place. The Amazon countries are not aware, for example, of what would be the "Public Interest Commitments, as proposed by the Amazon Corporation". Are those the ones contained in the 2018 proposal (which was rejected by ACTO)? Or something altogether different developed without the Amazon countries´ participation? (By the way, not even the proposal to delegate the ".AMAZON" TLDs subject to Public Interest Commitments had been put forward to ACTO before). This is one among many other problematic parts of the 25 October 2018 resolution which, in general, seems to be based on an erroneous interpretation of both the state of play and the Amazon countries perspectives - which should, by the way, expressed by the Amazon countries themselves in a proper context. 

We consider that the upcoming visit of the ICANN president and CEO might lead to a succesful outcome in this case if the ICANN Board remains committed to working towards a mutually acceptable solution. We have been working towards that goal and intend to continue to do so. However, we also consider that the 25 October resolution will not help in that regard as it adds confusion and may lead to erroneous interpretations, among which the perception that the Amazon countries and Amazon Inc. have already agreed to the main elements of a future shared regime for the ".AMAZON" TLDs - which is not the case. "

 
 
JUAN MANUEL ROJAS P.
Presidente - AGEIA DENSI ColombiaMembership Committee Chair. Non-for-Profit Operational Concerns Constituency (NPOC) - ICANNCluster Orinoco TIC memberMaster IT candidate, Universidad de los Andes
Cel. +57 3017435600
Twitter: @JmanuRojas

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