[PC-NCSG] FYI proposed motion on TMCH / RA/RAA executive action

[Wendy Seltzer]

Thanks, Maria!

--Wendy

On 04/02/2013 06:42 PM, Maria Farrell wrote:
> Dear all,
> 
> FYI here is the text of a proposed motion I have submitted for the Beijing
> GNSO Council meeting:
> 
> "The GNSO Council registers its disappointment and concern at the recent
> adoption in significant parts by ICANN staff of the Trademark Clearing
> House "Strawman Solution", despite the proposal's  flawed genesis and the
> strong opposition to it voiced by both the GNSO council and a significant
> portion of the public comments. The expansion of rights protection
> mechanisms in the new gTLDs, following the comprehensive policy processes
> of the GNSO that had appeared to settle these issues, and also the clear
> determination by the GNSO Council that specific measures therein represent
> substantive policy-making rather than purely technical or operational
> implementation, represent an unwarranted extension into the policy-making
> function by ICANN staff.
> 
> The GNSO Council strongly regrets the decision to circumvent the
> established, transparent and rules-based policy development process in a
> top-down decision-making process, to the detriment of the GNSO Council's
> bylaw-defined role and the multi-stakeholder model more broadly.
> 
> As ICANN staff also currently seeks to endow the Board with top-down and
> unilateral policy authority in the new RA and RAA, without substantive
> justification, the GNSO Council is deeply concerned by the implications of
> this extension of executive privilege, in the adoption of the "Strawman
> Solution", and in other issues, and for the future of the multi-stakeholder
> model.
> 
> The GNSO council therefore requests that the Board re-consider the proposed
> course of action  regarding the TMCH, and, specifically, that the the
> extension of the TMCH claims procedure to 90 days and the inclusion of 50
> additional terms not to be implemented until these proposals have been
> approved by a majority of the GNSO Council after careful consideration of
> their implications."
> 
> All the best, Maria
> 
> 
> 
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-- 
Wendy Seltzer -- wendy at seltzer.org +1 617.863.0613
Policy Counsel, World Wide Web Consortium (W3C)
Fellow, Berkman Center for Internet & Society at Harvard University
Visiting Fellow, Yale Law School Information Society Project
http://wendy.seltzer.org/
https://www.chillingeffects.org/
https://www.torproject.org/
http://www.freedom-to-tinker.com/