[PC-NCSG] [] RySG Recommendations

[Avri Doria]

Hi,

Re the recommendations: my personal views and the views I will argue for within the NCSG while it debates its position:

> RySG Policy Recommendations
> 
> a.     As a basis for possible protection of full names:
>                         i.         Use the GAC lists of full names for the IOC & RCRC at the top and second levels
>                        ii.         Use the GAC list of full IGO names (those eligible for inclusion in the .int list) at the top and second levels

I still have not seen the legal reason for supporting this.  As we were told, while there may be jurisdictions within which some of these might be treated as protected, that is by no means universal.  In those areas where a registry and registrar is prevented by local law from offering such names they should not do so.  I have not seen a policy reason, other than placating the GAC, which says we have no right to make policy in this area, for creating policy around special privileges for these names.

Having said that, the pragmatics of the situation where the Board has already approved these special privileges, in a so-called temporary manner, I figure opposing this is a lost cause.

> b.     Require applicable IGOs to apply for protection of their full names at the top and/or second levels prior to finalizing the list of qualifying organizations that would receive protection

Against what standards would these applications be made?   If we are going to allow people to apply for special protection for their names we have to take the widest possible approach to this and allow every NGO and charitable institution the same privileges.

> c.     As a basis for possible protection of acronyms of IOC, RCRC and IGO names, modify new gTLD rights protection mechanisms (TM Clearinghouse, URS & UDRP) as applicable to include acronyms of the protected names from a. above so that such acronyms could be included in both sunrise and claims processes in the same way as trademarks in the TMCH.

While I support the inclusion of names into the TMCH for the organizations requesting special privileges, I do not accept the inclusion of acronyms.  As has been shown, these have too many other possible meanings and uses. 

I do support the use of URDP and URS by these organizations and support the expansion of UDRP and URS as needed to add these special protection privileges as a reason for use of UDRP and URS.

> d.     Provide an exception process whereby an organization not covered by any protections but having legitimate rights could apply for a protected name

I do not support any form of exemption for names on a reserved list except the RSEP process.  Certainly within the RSEP process, the evidence of the privileged party should be taken into account, but only if it can be definitely shown and guaranteeed that no compensation either direct or indirect has been, or will be, given for the permission.  

> e.     Allow protected organizations to apply for their names at the top level and/or second levels

I only support use of the RESP process as means of allowing a name on a reserved list to be registered.  

I do not support the creation of new mechansims for such reserved list registrations.

A question I ask, if we allow a designated agency to register 'its' reserved names, what is to stop it from then transferring that registration to a rich donor for a significant consideration.  Do we also need to put special condition in the IRTP process for these once reserved names?  Do we already have a defined process in the policy for a permanently non transferable name? Or would we need to create such a policy? (After years in the IRTP-x WGs I should know this but don't.  I know the state could probably be set, but could it be deemed permanent and immutable? )

> f.      Modify the TMCH to include protected organization full names.

I support this.

I thank the RySG for making the recommendations so easy to address.

avri


On 20 Apr 2013, at 13:28, Gomes, Chuck wrote:

>  
> Here are the RySG recommendations to the WG with regard to policy recommendations.  David & I look forward to answering any questions and discussing the recommendations further on list and in our meeting this coming week.
>  
> 
> Chuck Gomes
> Vice President
> 
> cgomes at verisign.com
> t: +1 530 676-1754  m: +1 703 362-8753
> VerisignInc.com
>  
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> <IGO INGO PDP WG RySG Recommendations 20 Apr 2013.docx>