[lac-discuss-en] carta .amazon
Lance Hinds
brainstreetceo at gmail.com
Fri Mar 29 16:09:59 UTC 2019
Dear Frank,
This should give you a rough idea of the background on this matter
*Introduction*
In the interest of a better understanding and clarity of this conversation,
some introductory information would be useful.
The management, stability, governance and policy making for the internet is
the responsibility of a California company called International Cooperation
of Assigned Names and Numbers commonly known as ICANN.
This company is structured conceptually along multistakeholder lines with a
series of constituencies represent the Private Sector, civic society,
academia and government. The Government Advisory Committee (GAC) is the
constituency that is responsible for provision of policy advice and
guidance to the ICANN Board of Directors. GAC is comprised primarily of
the Ministries responsible internet governance and information technology
in general. In our case the Ministry of Public Telecommunications
represents the Government of Guyana at the GAC meetings
*2012 & 2013*
Amazon Inc. files and application to ICANN requesting the delegation of the
“.amazon” TLD. This would result in the monopolization of the registered
name in the DNS.
----------------------------------
Brazil and Peru timely objected to the request for registration of
“.amazon” on the grounds that there is an inextricable relation between
this TLD name and the Amazon region, the Amazon peoples, the Amazon natural
heritage and the Amazon culture.
-------------------------------------
The Member states of the Amazon Basin subsequently endorsed the object of
Brazil and Peru.
They further invoked the EL Coca Declaration of May 3, 2013; expressing
firm rejection to any claim of ownership by others of geographical names of
the countries of ACTO in general and the name “.amazonia” or related,
without the consent of the Amazon Countries.
Countries represented in the GAC endorsed the position of ACTO.
The GAC, by full consensus, expressed to the ICANN Board of Directors the
existing international opposition to the delegation of the “.amazon” TLDs,
as recorded in the "GAC Communiqué" adopted on July 18, 2013 in Durban.
*2014*
*May 14*
Based on the declaration by the GAC, the ICANN Board, through the New gTLD
Program Committee (NGPC), decided not to grant the company's request.
--------------------------
Subsequently, several meeting were held between the Amazon countries and
the company in hopes of establishing a “modus vivendi”. In order to allow
the commercial exploitation of the ".amazon" TLDs by the company, while at
the same time safeguarding the countries’ right to use the TLDs for the
public interest, in line with national strategies and for the benefit of
the local peoples. However, neither party could accept the different
proposals presented by the other at that time.
*2015*
*October 6*
New proposal was submitted by Amazon Inc.
The proposal provided for the shared use of the ".amazon" TLDs, both by the
company for its private ends, and by the Amazon countries for uses
associated with the Amazon region and peoples. The ACTO Council considered
that the dispute had come to an end following the Board’s decision of 2014,
and that the Member States were bound to reject the 6 October 2015
proposal, given the absence of a mandate from the Ministry of Foreign
Affairs authorizing them to examine the new proposal.
*2016*
In view of the decision by the ICANN Board to reject the “.amazon”
application, as well as the failure to reach an agreement with the Amazon
countries, the company pursued the avenue of formal arbitration through the
ICANN via the establishment of an Independent Review Panel (IRP),
------------------------------------
In this context, Brazil and Peru submitted to the GAC a proposal for GAC
advice requesting the Board not to follow the IRP recommendation. The
rationale for the advice was that, if the Board were to follow the IRP
recommendation, it would be completely denying the role of governments in
ICANN’s multi-stakeholder governance model, in which it is the
responsibility of governments to identify the relevant public policy issues
and how they interact with ICANN’s activities.
The Brazilian-Peruvian document clarified, on the other hand, that the
decision by the governments in this case, additionally, based itself on an
evaluation of the *political sensitivity* that the subject raised. The
other ACTO Member States endorsed the position Brazil and Peru expressed in
their document.
*2017*
*July 10 *
The IRP issued its Final Declaration on 10 July 2017. The IRP considered
that the decision of the Board to deny the company’s application would have
violated ICANN rules. The opinion of the IRP was that the Board had not
adequately motivated its decision of 2014, having relied exclusively on the
opinion of the GAC that was opposed to the delegation of the “.amazon”
TLDs. Thus, it recommended that the Board should reexamine the company’s
applications, and that it explains whether it accepts or rejects them based
on the Board’s own evaluation of the public policy reasons associated with
the delegation and the exploitation of the “.amazon” intended by the
company.
*September 23*
The Board refrained from accepting the “Panel’s non-binding recommendation”
that it re-evaluates the application for the “.amazon” TLDs, and
consequently tasked an internal advisory body “to review and consider” that
very recommendation and “to provide options for the Board to consider in
addressing [it]”.
*October 29*
The GAC was prompted to resume consideration of the subject.
A proposal was presented by Amazon Inc. (paragraph 28 of the Tena
Declaration) to the Amazon countries during the 60th meeting of the ICANN
in Abu Dhabi (Oct 28-Nov 3, 2017). It stated that it encourages and
instructs technical and operational bodies of the Member countries to carry
out a review of the proposal by Amazon Inc. to reach a common position on
the subject of dot.amazon.
The proposal mentions that the company will:
1. Block culturally sensitive names at the second level
2. Consult with relevant governments to identify these terms
3. Provide support for applications. AMAZONAS, .AMAZONIA, AMAZONICA
During the Abu Dhabi ICANN meeting the Board had invited the GAC to provide
information about the reasons why governments opposed the company’s request
in 2013, which led to the Board’s rejection of the company’s application
for the “.amazon” TLDs. The request was made in order to prepare how the
Board will react to the IRP recommendation, which, as recalled, suggested
that the Board examines whether there are public policy reasons justifying
the rejection of the company’s application for the “.amazon” TLDs. The
invitation by the Board generated an intense debate within the GAC, where
most of the participating countries expressed their objection to responding
to it in the requested terms, lest their response be interpreted as an
acceptance that the GAC should account to the Board for the public policy
reasons that governments are responsible for identifying or deciding. It
was agreed at the Abu Dhabi that the ACTO countries will create a working
group to deliberate on the latest Amazon proposal and report to the GAC.
*December 1*
The Working Group was established pursuant to paragraph 28 of the Tena
Declaration which was adopted by a number of Ministers and high-level
government representatives inclusive of Guyana.
*2018*
*February 7*
The company sent to the ACTO Permanent Secretariat an updated proposal.
*February 8 *
The Working Group held a plenary meeting start consideration of the 7
February, 2018 proposal followed by subsequent meetings throughout February.
*March *
Meetings and consultations on the February 7, 2018 continued into March.
Documents containing further elements of clarification were also sent to
the Secretariat from Amazon Inc.
At the 61st ICANN meeting, in Puerto Rico, the GAC met again to discuss how
to react to the invitation by the Board. The governments agreed to send it
a response that, on the one hand, reported on the progress in the search
for a compromise solution by the Amazon countries, through the Working
Group established under the auspices of ACTO; on the other hand, it
reiterated the terms of the communiqué adopted by the GAC in Abu Dhabi, on
1 November 2017. Hence, the GAC confirmed that it will not again discuss
the public policy reasons that justified its objection to the delegation of
the “.amazon” TLDs in the past, and it reiterated to the Board the need for
a solution having the acceptance of ACTO Member Countries if the requested
delegation is to be allowed.
Where we are since March is a matter of public record.
Regards
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On Fri, Mar 29, 2019 at 8:54 AM franco giandana <fgiandana at gmail.com> wrote:
>
> [[--Translated text (es -> en)--]]
> [[--This message had format issues and was not translated properly--]]
>
>
> Subject:Re: carta .amazon
> Desde:franco giandana <fgiandana at gmail.com>
>
> I am new to this discussion but I believe Lance might have a point here,
> we should try to move forward on a more solid basis, not that much on a
> conceptual or argumentative basis since it seems it did not make the
> expectation back then: Lance, seems you have a much stronger background on
> this issue than me, do you have any suggestions we could all analyze?
>
> Regards,
>
> Frank
>
> On Fri, 29 Mar 2019 at 04:48 Lance Hinds <brainstreetceo at gmail.com> wrote:
> [[--Translated text (en -> es) -]] [[--This message had format issues and
> was not defined properly--]] Subject: Re: letter .amazon From: Lance Hinds <
> brainstreetceo at gmail.com> This has been the same message since 2012. It
> can not be enough simply to say that "the realization of this action
> translates into ignorance of ancestral rights, cultural and social
> traditions of the countries of the Amazon region." It is provided. To some
> extent, this was the same difficulty when the government expressed its
> concerns.There are currently discussions between the governments of the
> Amazon basin and Amazon Inc. to ensure that most, if not all, of these
> rights are conserved in some way. Also, my dear friend Juan, in order to
> obtain possible support for your cause, it may be useful to remember that
> Bolivia, Brazil, Colombia, Ecuador and Peru are not the only members of the
> Amazon Basin. Other members have also actively participated in discussions
> / negotiations. Sincerely, Lance Hinds Free of virus.
> [ERROR: Sentence too long to translate (1087> 1000 bytes)]On this
> occasion, the ICANN Board is open to demonstrations from the countries of
> the region to make the decision to delegate the .amazon domain.As part of
> ICANN's Constituency for Non-Profit Operational Concerns (NPOC), AGEIA
> Colombia has decided to show its dissatisfaction with the delegation of the
> .amazon domain for commercial and in vita purposes to other civil society
> organizations that are part of it. from different groups of voters in ICANN
> Participate in some way in the internet ecosystem to pronounce.
> https://docs.google.com/document/d/1hlubhnb_nTamU5l1QEJxgrx7wm-Ch7jso-oIfLU5228/edit?
> usp = sharing We appreciate your support and dissemination in this matter
> because the time before the Board makes the decision to delegate is reduced
> every day. The board will wait until April 6 to make decisions.JUAN MANUEL
> ROJAS P. President - President of the Membership Committee of AGEIA DENSI
> Colombia. Unit of Non-Profit Operati
> onal Concerns (NPOC) - ICANN Cluster Orinoco TIC member IT candidate
> Master, University of the Andes Cel. + 57 3017435600 Twitter: @JmanuRojas
> [[- - Original text (s) (s) Translated by transbot 2.18 -2.04
> http://mm.icann.org/transbot_archive/3b22f86305.html -]]
> _______________________________________________________ lac-Discuss-en
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> atlarge-lists. icann.org/mailman/listinfo/lac-discuss-en - Lance Hinds
> Director of Technology B Group 287 'C' Albert St.Georgetown Guyana This
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--
Lance Hinds
Chief Technology Officer
BrainStreet Group
287 'C' Albert St.
Georgetown Guyana
This message contains information that may be privileged and/or
confidential and is the property of BrainStreet Technologies or BrainStreet
Learning. The information contained herein is intended only for the
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