[lac-discuss-en] carta .amazon

Dev Anand Teelucksingh devtee at gmail.com
Sun Mar 31 13:38:55 UTC 2019


Great summary, Lance.

Dev Anand

On Fri, Mar 29, 2019 at 12:04 PM Lance Hinds <brainstreetceo at gmail.com>
wrote:

> 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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>
>
> --
> Lance Hinds
> Chief Technology Officer
> BrainStreet Group
> 287 'C' Albert St.
> Georgetown Guyana
>
>
>
>
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