+1 --------------------------------------- Brenden Kuerbis Internet Governance Project http://internetgovernance.org On Fri, Dec 10, 2010 at 11:43 AM, Drake William < [log in to unmask]> wrote: > Sure > > Bill > > On Dec 10, 2010, at 11:32 AM, Robin Gross wrote: > > Here's the draft NCUC statement on the DAG and new gtlds. Please let me > know if you support it's submission. > > Thanks! > > Robin > > > Draft Statement of NCUC on the Draft Applicant Guidebook > > NCUC supports the prompt introduction of new gTLDs, yet we are deeply > concerned about a number of implementation proposals in the latest Draft > Applicant Guidebook, however believe they can be fixed and the new TLD > process can move forward. > > In particular, we are concerned that the Independent Objector (IO) process > is ripe for abuse and harmful to the public interest. The IO was a staff > created policy that was never discussed let alone approved by the GNSO. We > believe that it is entirely illogical that there can be a TLD that no > community, religion, government, company, trademark holder, or individual in > the world actually objects to – yet is “something we all agree is > objectionable” as claimed by staff. > > Important safeguards to prevent abuse and “gaming” are lacking from the IO, > as envisioned by staff. For example, there is no requirement that an > objection brought by the IO be tied to at least one specific party who > claims it will be harmed if the TLD goes forward. Such a requirement is > necessary to achieve accountability in the new TLD process. > > Another feature missing from staff’s version of an IO is transparency. > ICANN staff has stated a number of times that the IO is intended to provide > a secret means for governments to object to a TLD string without having to > do so publicly. For a public governance organization with transparency > requirements, such a proposal for secret objections cannot stand. If there > must be an IO, actual objectors must come forward and be transparent about > their role to prevent the new TLD. > > According the staff memo on so-called Morality and Public Order objections, > one of the purposes of the IO is “risk mitigation” to ICANN (i.e. a forum to > quietly kill controversial TLDs to ward-off ICANN’s ability to be sued in > courts of law). We do not support staff’s introduction of “risk mitigation > strategy” as ICANN’s primary policy objective. As always, the global public > interest with respect to the DNS is ICANN’s primary obligation, not ICANN’s > own corporate interest. > > As designed by staff, the IO lacks true independence. The IO is employed > by ICANN; likewise the company who provides the expert advice is also hired > by ICANN, so there is a lack of neutrality on the part of the expert panel > since they have an incentive to agree with the IO (ICANN) who hired it when > they handle matters brought by the IO. > > On the issue of trademarks in the latest DAG, we are troubled by the > elimination of sufficient time in which to respond to URS complaints in the > latest DAG. Re-working the negotiated community consensus from 21 to 14 > days as a timeframe in which to respond is concerning as it provides > inadequate protection to registrants, who may be on holidays and unable to > find an attorney and respond in a reasonable period of time. > > We share the concerns expressed in the At-Large Statement on Draft > Applicant Guidebook. However, we believe the best course of action is to > make the appropriate fixes to the policy to protect the global public > interest and go forward with new TLDs in an expeditious manner. > > > > <NCSG stmt on rec6> > > > > IP JUSTICE > Robin Gross, Executive Director > 1192 Haight Street, San Francisco, CA 94117 USA > p: +1-415-553-6261 f: +1-415-462-6451 > w: http://www.ipjustice.org e: [log in to unmask] > > > > > > > IP JUSTICE > Robin Gross, Executive Director > 1192 Haight Street, San Francisco, CA 94117 USA > p: +1-415-553-6261 f: +1-415-462-6451 > w: http://www.ipjustice.org e: [log in to unmask] > > > > > *********************************************************** > William J. Drake > Senior Associate > Centre for International Governance > Graduate Institute of International and > Development Studies > Geneva, Switzerland > [log in to unmask] > www.williamdrake.org > *********************************************************** > > >