Introduction of Freedom of Expression Topic on SubPro IRT

[Kathy Kleiman]

Juan,

Tx for asking .  Unfortunately here the concept is Applicant Freedom of 
Expression - sometimes at the expense of the freedom of expression of 
the rest of us. /Should Applicants for New gTLDs be allowed to use any 
word they want for any reason they want regardless of our rights - as 
registrants and users? /

I'm in the camp that says no.  Others have already fought this battle 
for "geos" - gTLD strings that represent well-known cities such as 
.PARIS and .LONDON. _As a Community, we agreed that Applicants must get 
the permission of the region to use this term. _The Amazonia Region 
learned the hard way that they had to fight for their rights to have 
space in . AMAZON, which was applied for by the company.

We will continue to see groups concerned that a religion's name will be 
misused by one group within the larger community, or by someone with no 
identification with the religion whatsoever. These are the controversies 
you cannot anticipate fully ahead of time.

_But the purpose of this Recommendation from the SubPro Working Group is 
*to give the Applicants for New gTLD more rights, *and very clear and 
express rights. *To be fair, that takes away some rights from everyone 
else, including us (NCSG and Noncommercial Registrants and Internet 
Users). *__I would limit this recommendation to be interpreted as 
/narrowly as possible/_//- /there are future new gTLDs with global 
impact; a lot of damage can be done by a new gTLD falling into the hands 
of a future registry that truly opposes what the string means (think 
racial, religious and gender hatred)./

 From below: /"/Applicants can apply for any available gTLD other than 
those restricted based on technical standards, pre-established reserved 
name lists, and other restrictions detailed in the AGB."

  ==> this is a problem.

Best, Kathy

On 7/25/2023 1:34 PM, Sam Lanfranco wrote:
>
> I have two minor wording comments and a more substantive comment.
>
>  1. Wording comment: Maybe replace “when submitting an application”
>     with “when applying”?
>  2. Should ‘evaluation...performed by independent third-party”
>     specifically include the word “vendors” or just say “independent
>     third-parties”?
>
> Substantive comment: This text explains both ICANN’s respect for the 
> freedom of expression and factoring that into the new GTLD proposal 
> selection process.
>
> This is not the place for a wider discussion, but it is worth 
> remembering  that freedom of expression is at the core of the 
> Universal Declaration of Human Rights (UDHR) and that ICANN has not 
> really taken a position regarding a commitment to adhere to the 
> principles of the UNHR in its work within its remit. ICANN did have a 
> bit of a “skunk works on Human Rights” when stakeholder groups ran a 
> Working Party (not Working Group) episode discussing Human Rights 
> within the ICANN remit, There may be growing pressure for ICANN to be 
> more declarative in this area going forward, Just a thought!
>
> Sam Lanfranco
>
> *From:* NCSG-Discuss <NCSG-DISCUSS at LISTSERV.SYR.EDU> *On Behalf Of 
> *Juan Manuel Rojas
> *Sent:* Monday, July 24, 2023 8:10 PM
> *To:* NCSG-DISCUSS at LISTSERV.SYR.EDU
> *Subject:* Introduction of Freedom of Expression Topic on SubPro IRT
>
> Dear all,
>
> As you already know some of us are working as a part of SubPro IRT, 
> currently the WG is discussing about Predictability and for our next 
> meeting (tomorrow 25th at 20 UTC) the Freedom of Expression is being 
> introduced. As a team we would like to know what are your concerns 
> with the writing of the following paragraph, having into account that 
> is a Draft to start the discussion,:
>
> "
>
> Applicant Freedom of Expression - proposed AGB text
>
> DRAFT AGB TEXT START
>
> "ICANN respects the freedom of expression rights of applicants that 
> are protected under internationally recognized principles of law. 
> Applicants can apply for any available gTLD other than those 
> restricted based on technical standards, pre-established reserved name 
> lists, and other restrictions detailed in the AGB. Applicants should 
> be mindful of limitations to free expression [hyperlink to LPI 
> section] when submitting an application as detailed in the AGB. 
> Applications are subject to an evaluation and objection process 
> [hyperlink] as described in the AGB and will be unsuccessful should an 
> applied-for string be found to violate
> applicable laws or other rights and requirements specified in the AGB. 
> The evaluation of applications, including decisions on objections, 
> will be performed by independent third party vendors who will take 
> into account freedom of expression considerations together with other 
> relevant factors. Please see the relevant sections of this guidebook 
> for more information on the evaluation [hyperlink] and dispute 
> resolution process. [hyperlink]."
>
> Excuse the timing but that draft was sent out until today. We will be 
> waiting your observations at this topic.
>
> *JUAN MANUEL ROJAS P.*
>
> Director - MINKA DIGITAL Colombia
>
> NPOC Policy Chair - NCSG/GNSO
>
> Founding member - ISOC Colombia
>
> Master IT candidate, UNAD
>
> Registered Linux User No.*533108.*
>
> /Cel. +57 301 743 56 00
> Instagram/Twitter: @JmanuRojas <http://www.twitter.com/jmanurojas>/
>
>
>
>
-- 
Kathy Kleiman
President, Domain Name Rights Coalition
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