[PC-NCSG] ncsg response to IPC/BC 8-pt demands to re-open consensus positions

[Robin Gross]

Dear NCSG PC Members:

We should formulate a response to the IPC/BC 8-point demand letter to  
ICANN to re-open the compromises agreed to by the entire GNSO  
(including the IPC and BC).  Their 8 points are below.

ADDITIONALLY, I understand that they will make new and bigger demands  
next week for changes in URS and TMC policy including auto-take-downs  
of domain names without any due process of law - no human actually  
looking at a domain or a complaint or considering the registrant's  
rights before the domain names will be taken down.  This is a major  
change from what the URS currently says (and what due process  
protections require)

So IPC and BC are working very hard right now and putting enormous  
pressure on ICANN to change the provisions in the guidebook to match  
their wish-list.  This is so problematic on so many levels.  That IPC/ 
BC take what they get in the compromises of others and uses it as  
footholds to claw at more and more rights, which were part of the  
compromise in the first place.  Right now, staff is only hearing the  
IPC and BC on these issues and is attempting a last minute coup to  
undue all of the hard fought compromises by all members of the  
community.   This is exactly why it is hard to ICANN policy making  
seriously sometimes: Last minute end-run lobbying by the strongest  
army gets its way in the end.

So I'd like to organize a call for tomorrow to discuss these  
proposals and how we can respond.   Can folks make a call at 8am PST  
tomorrow (Thursday) to review these proposals and formulate a response?

Thanks,
Robin

The current list of new demands from IPC & BC (8 points):
     http://www.icann.org/en/news/correspondence/metalitz-to- 
pritz-17oct12-en

Consensus Position of Business Constituency and Intellectual Property  
Constituency
Presented: October 16, 2012
1. Extend Sunrise Launch Period from 30 to 60 days with a  
standardized process.
2. Extend the TMCH and Claims Notices for an indefinite period;  
ensure the process is easy to use, secure, and stable.
3. Complete the URS as a low cost alternative and improve its  
usefulness - if necessary, ICANN could underwrite for an initial period.
4. Implement a mechanism for trademark owners to prevent second-level  
registration of their marks (exact matches, plus character strings  
previously determined to have been abusively registered or used)  
across all registries, upon payment of a reasonable fee, with  
appropriate safeguards for registrants with a legitimate right or  
interest.
5. Validate contact information for registrants in WHOIS.
6. All registrars active in new gTLD registrations must adhere to an  
amended RAA for all gTLD registrations they sponsor.
7. Enforce compliance of all registry commitments for Standard  
applications.
8. Expand TM Claims service to cover at least strings previously  
found to have been abusively registered or used.





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: robin at ipjustice.org



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