[NCSG-PC] Fwd: [council] MOTION FOR ELECTRONIC (EMAIL) VOTE - Initiate Amendment Process on Specific Red Cross Names

Wed Apr 26 03:54:48 EEST 2017

Hi all,

councilors will have to do an electronic vote soon about the amending
policy for redcross.
while we discussed the process and acknowledge that is included in GNSO PDP
manual, I am wondering to which extend the list is made, including the
variation of names.

Best,

Rafik

---------- Forwarded message ----------
From: James M. Bladel <jbladel at godaddy.com>
Date: 2017-04-26 7:04 GMT+09:00
Subject: [council] MOTION FOR ELECTRONIC (EMAIL) VOTE - Initiate Amendment
Process on Specific Red Cross Names
To: GNSO Council List <council at gnso.icann.org>

Councilors –

Attached and copied below, please find an amended version of the Motion to
Initiate Policy Amendment Process on Specific Red Cross Names that was
discussed during our last meeting.

Recall that, during our last GNSO Council call on 20 April, the Council
agreed to defer this Motion to an electronic vote, in order to allow for
certain updates to be made to the text of the motion. Also note that the
Council agreed to proceed with an electronic vote outside a regularly
scheduled Council meeting.

The updated language of the motion has been reviewed and approved by me as
its proposer, and Michele and Rubens as its seconders.  It includes some
minor clarifications received as feedback from the ICRC representatives,
but does not include any items that materially changed the scope of the
affected strings, or any other items that were not discussed previously in
Copenhagen.

This email will also serve as notice that, as Council Chair, I am
hereby *formally
providing all Councilors with the requisite minimum 7 days’ advance notice
of the electronic vote, in accordance with Section 4.10.2.d. of the GNSO
Operating Procedures *(https://gnso.icann.org/en/council/op-
procedures-01sep16-en.pdf). The 4-day voting period will begin at *23:59
UTC on Tuesday 2 May 2017 and close at 23:59 UTC on Saturday 6 May 2017*.

(Please be reminded that the GNSO Operating Procedures require that
electronic voting be an open vote, and its outcome be published and
recorded, with accompanying voter statements, if any, as minutes for
purposes of formal record keeping.)

Thank you,

J.

------------------

James Bladel

GNSO Chair

_______________________

*Initiation of Policy Amendment Process on Specific Red Cross and Red
Crescent Names - Deferred to electronic vote*

*Submitted by: James Bladel*

*Seconded: Rubens Kuhl, Michele Neylon*

WHEREAS, in November 2013, the GNSO completed a Policy Development Process
(PDP) which resulted in a number of consensus recommendations for
protecting the identifiers of International Governmental Organizations and
International Non-Governmental Organizations, including the International
Red Cross and Red Crescent Movement (Movement), at the top and second level
in all generic top-level domains (gTLDs) (PDP Working Group Final Report:
https://gnso.icann.org/en/issues/igo-ingo-final-10nov13-en.pdf, with
Minority Statements: https://gnso.icann.org/en/issues/igo-ingo-
final-minority-positions-10nov13-en.pdf
<https://gnso.icann.org/en/issues/igo-ingo-final-minority-positions-10nov13-en.pdf)>
);

WHEREAS, the GNSO Council approved all the PDP consensus recommendations on
20 November 2013 (http://gnso.icann.org/en/council/resolutions#20131120-2
<http://gnso.icann.org/en/council/resolutions#20131120-2)>) and, following
a mandatory public comment period on the final PDP recommendations, sent
its Recommendations Report to the ICANN Board on 23 January 2014 (
https://gnso.icann.org/en/issues/council-board-igo-ingo-23jan14-en.pdf
<https://gnso.icann.org/en/issues/council-board-igo-ingo-23jan14-en.pdf)>);

WHEREAS, on 30 April 2014 the Board adopted those of the GNSO’s PDP
recommendations that were consistent with GAC advice on the topic, which in
relation to the Movement were for the terms “Red Cross”, “Red Crescent”,
“Red Crystal”, and “Red Lion & Sun” (referred to as “Scope 1 Identifiers”
by the PDP Working Group) to be reserved at the top and second levels, with
an Exception Procedure to be designed for the affected organization (
http://www.icann.org/en/groups/board/documents/
resolutions-30apr14-en.htm#2.a
<http://www.icann.org/en/groups/board/documents/resolutions-30apr14-en.htm#2.a)>
);

WHEREAS, between June 2014 and January 2015 the Board and the GNSO Council
engaged in discussions of the remaining inconsistencies between GAC advice
and GNSO policy, which in relation to the Movement concerned the names of
189 National Red Cross and Red Crescent Societies, and the names and
acronyms of the International Committee of the Red Cross and International
Federation of the Red Cross and Red Crescent Societies (referred to as
“Scope 2 Identifiers” by the PDP Working Group);

WHEREAS, at ICANN57 in November 2016 the Board proposed that the GAC and
the GNSO engage in a facilitated, good faith discussion to attempt to
resolve the remaining inconsistencies between GAC public policy advice and
GNSO consensus policy recommendations regarding the “Scope 2 Identifiers”
of the Movement;

WHEREAS, representatives from the GAC and the GNSO engaged in such a
facilitated, good faith discussion at ICANN58 in March 2017 during which
the following matters were noted:

(1)    The public policy considerations associated with protecting the
Movement’s identifiers in the domain name system (DNS);

(2)    The GAC’s rationale for seeking permanent protection for the terms
most closely associated with the Movement and its respective components is
grounded in the protections of the designations “Red Cross”, “Red
Crescent”, “Red Lion and Sun”, and “Red Crystal” under international treaty
law and under multiple national laws;

(3)    The list of names of the Red Cross and Red Crescent National
Societies is a finite, limited list of specific names of the National
Societies recognized within the Movement (http://www.ifrc.org/Docs/
ExcelExport/NS_Directory.pdf );

(4)    There are no other legitimate uses for these terms; and

(5)    The GAC had provided clarification following the completion of the
GNSO PDP, via its March 2014 Singapore Communique, on the finite scope of
the specific list of Movement names for which permanent protections were
being requested (https://gacweb.icann.org/download/attachments/28278854/
Final%20Communique%20-%20Singapore%202014.pdf?version=1&modificationDate=
1397225538000&api=v2
<https://gacweb.icann.org/download/attachments/28278854/Final%20Communique%20-%20Singapore%202014.pdf?version=1&modificationDate=1397225538000&api=v2)>
);

WHEREAS, following the GAC-GNSO discussion, the Board passed a resolution
on 16 March 2017 requesting that the GNSO initiate its process for
Amendments or Modifications of Approved Policies, as described in Section
16 of the GNSO PDP Manual (https://gnso.icann.org/en/
council/annex-2-pdp-manual-01sep16-en.pdf
<https://gnso.icann.org/en/council/annex-2-pdp-manual-01sep16-en.pdf)>), to
consider amending the GNSO’s approved policy concerning the specific names
of the Red Cross and Red Crescent National Societies and the specific names
International Committee of the Red Cross and International Federation of
Red Cross and Red Crescent Societies (collectively, Recommendation 5 in
Section 3.1 of the PDP Working Group Final Report): and

WHEREAS, the GNSO Council agrees that the aforementioned set of exceptional
circumstances provides a justifiable basis for the Council to take this
extraordinary step to reconsider the policy recommendation and that this is
not to be viewed as the Council’s consent to reopen PDP recommendations in
all cases where GNSO-developed policy is in discord with GAC advice:

RESOLVED,

1.The GNSO Council hereby initiates the process described in Section 16 of
the GNSO PDP Manual; accordingly, the GNSO Council requests that the PDP
Working Group be reconvened for the purpose of consultation by the GNSO
Council on the following proposed amendment to Recommendation 5 in Section
3.1 of the PDP Working Group Final Report:

(a) The full names of the 190 Red Cross National Societies and the full
names of the International Committee of the Red Cross and International
Federation of Red Cross and Red Crescent Societies are to be placed into
Specification 5 of the Base gTLD Registry Agreement, with an exception
procedure to be created for cases where the relevant Red Cross Red Crescent
Movement organization wishes to apply for their protected string at the
second level;

(b) In placing the specified identifiers into Specification 5 of the
Registry Agreement, this should apply to an exact match of the full name of
the relevant National Society recognized within the International Red Cross
and Red Crescent Movement (in English and the official languages of its
state of origin), the full names of the International Committee of the Red
Cross and of the International Federation of Red Cross and Red Crescent
Societies (in the six official United Nations languages) and a defined
limited set of variations of these names; and

(c) In considering the proposed amendment, account is to be duly taken of
the matters noted during the GAC-GNSO facilitated discussion at ICANN58 as
well as of the GAC’s public policy advice to reserve the finite list of
names of the Red Cross and Red Crescent National Societies, as recognized
within the International Red Cross and Red Crescent Movement, in all gTLDs.

2. In accordance with Section 16 of the PDP Manual, the GNSO Council
directs ICANN staff to post the proposed amendment to Recommendation 5 for
public comment, for a period of 30 days commencing from the date of the
first meeting of the reconvened PDP Working Group.

3. In accordance with Section 16 of the PDP Manual, the GNSO Council
intends to put the proposed amendment to a vote following consultation with
the PDP Working Group and the conclusion of the requisite public comment
period. The GNSO Council notes that approval of the proposed amendment
requires a Supermajority Vote of both Houses in favour of the amendment.

4. The Council thanks all of those who participated in the talks at ICANN58
in Copenhagen, and in particular Bruce Tonkin for moderating the discussion.

_______________________________________________
council mailing list
council at gnso.icann.org
https://mm.icann.org/mailman/listinfo/council
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