[PC-NCSG] ncsg response to IPC/BC 8-pt demands to re-open consensus positions
Robin Gross
robin
Wed Oct 24 22:18:45 EEST 2012
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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