Resolution of the ICANN Board
Protection for IGO Identifiers
2013.07.02.NG03 – 2013.07.02.NG06
Whereas, the GAC met during the ICANN 46 meeting in Beijing and issued a Communiqué on 11 April 2013 (“Beijing Communiqué”);
Whereas, the Beijing Communiqué reiterated the GAC’s previous advice to the Board that “appropriate preventative initial protection for the IGO names and acronyms on the provided list be in place before any new gTLDs would launch” (the “IGO GAC Advice”). The IGO GAC Advice is identified in the GAC Register of Advice as 2013-04-11-IGO;
Whereas, in response to a number of issues raised by the Board, the GAC noted in the Beijing Communiqué that it is “mindful of outstanding implementation issues” and that it is committed to “actively working with IGOs, the Board, and ICANN Staff to find a workable and timely way forward”;
Whereas, the NGPC met on 8 and 18 May and 4, 11 and 18 June 2013 to consider a plan for responding to the advice on the New gTLD Program, including the IGO GAC Advice;
Whereas, in a 6 June 2013 response letter to the GAC on the IGO GAC Advice, the ICANN Board Chairman proposed that a small number of NGPC members and ICANN staff begin a dialogue with the GAC on these issues http://www.icann.org/en/news/correspondence/crocker-to-dryden-2-06jun13-en;
Whereas, the NGPC met on 25 June 2013 to further discuss and consider its plan for responding the GAC’s advice in the Beijing Communiqué on the IGO GAC Advice;
Whereas, the final draft of the New gTLD Registry Agreement posted for public comment on 29 April 2013 includes IGO protections, but does not yet specify the names and acronyms to be protected;
Whereas, the NGPC is undertaking this action pursuant to the authority granted to it by the Board on 10 April 2012, to exercise the ICANN Board’s authority for any and all issues that may arise relating to the New gTLD Program.
Resolved (2013.07.02.NG03), the NGPC confirms that appropriate preventative initial protection for the IGO identifiers will continue to be provided as presented in the proposed New gTLD Registry Agreement posted for public comment on 29 April 2013 while the GAC, NGPC, ICANN Staff and community continue to actively work through outstanding implementation issues.
Resolved (2013.07.02.NG04), the NGPC determines that pursuant to Specification 5 in the proposed New gTLD Registry Agreement posted for public comment on 29 April 2013 , registry operators will implement temporary protections for the IGO names and acronyms on the “IGO List dated 22/03/2013” attached to this Resolution as Annex 1 until the first meeting of the NGPC following the ICANN 47 Meeting in Durban.
Resolved (2013.07.02.NG05), the NGPC will dialogue with the GAC prior to its first meeting following the ICANN 47 meeting in Durban to work through outstanding implementation issues concerning protections for IGO names and acronyms.
Resolved (2013.07.02.NG06), if the NGPC and GAC do not reach an agreement on outstanding implementation issues for protecting IGO names and acronyms by the first meeting of the NGPC following the ICANN 47 meeting in Durban, and subject to any matters that arise during the discussions, the NGPC determines that registry operators will be required to protect only the IGO names identified on the GAC’s “IGO List dated 22/03/2013” attached to this Resolution as Annex 1.
Rationale for Resolution:
Why the NGPC is addressing the issue?
Article XI, Section 2.1 of the ICANN Bylaws http://www.icann.org/en/about/governance/bylaws#XI permits the GAC to “put issues to the Board directly, either by way of comment or prior advice, or by way of specifically recommending action or new policy development or revision to existing policies.” The GAC issued advice to the Board on the New gTLD Program through its Beijing Communiqué dated 11 April 2013. The ICANN Bylaws require the Board to take into account the GAC’s advice on public policy matters in the formulation and adoption of the polices. If the Board decides to take an action that is not consistent with the GAC advice, it must inform the GAC and state the reasons why it decided not to follow the advice. The Board and the GAC will then try in good faith to find a mutually acceptable solution. If no solution can be found, the Board will state in its final decision why the GAC advice was not followed.
What is the proposal being considered?
In the Beijing Communiqué, the GAC reiterated previous advice that “appropriate preventative initial protection for the IGO names and acronyms on the provided list be in place before any new gTLDs would launch.” The NGPC is being asked to consider accepting this advice, while being mindful of the outstanding implementation issues. This advice is identified in the GAC Register of Advice as 2013-04-11-IGO.
The proposed final draft of the New gTLD Registry Agreement includes protections for IGO but does not yet specify the names and acronyms to be protected. The current draft of the New gTLD Registry Agreement provides the following protections in Specification 5, Section 6:
As instructed from time to time by ICANN, Registry Operator will implement the protections mechanism determined by the ICANN Board of Directors relating to the protection of identifiers for Intergovernmental Organizations. Any such protected identifiers for Intergovernmental Organizations may not be activated in the DNS, and may not be released for registration to any person or entity other than Registry Operator. Upon conclusion of Registry Operator’s designation as operator of the registry for the TLD, all such protected identifiers shall be transferred as specified by ICANN….
To address the GAC advice regarding IGO names and acronyms, the NGPC is considering providing temporary protections for the IGO names and acronyms previously identified by the GAC on its “IGO List dated 22/03/2013,” which is attached as Annex 1 until a date certain, so that the GAC and the NGPC will have time to work out outstanding implementation issues, as noted in the Beijing Communiqué. The NGPC proposes the temporary protections to remain in place until the first meeting of the NGPC following the ICANN Meeting in Durban, South Africa. If the NGPC and the GAC do not reach agreement on the issues, and subject to any matters that arise during the discussions, the NGPC would require registry operators only to protect the names, but not the acronyms, identified on the GAC’s IGO List dated 22/03/2013. The proposed Resolution would provide temporary protections for IGOs while respecting the ongoing work on implementation issues.
Which stakeholders or others were consulted?
On 29 April 2013, ICANN initiated a public comment forum to solicit input on the proposed final draft of the New gTLD Registry Agreement . The public comment forum closed on 11 June 2013. The NGPC has considered the community comments on the New gTLD Registry Agreement in formulating its response to the IGO GAC Advice as it relates to the New gTLD Registry Agreement .
Additionally, on 14 June 2013, the GNSO Policy Development Process Working Group tasked with addressing the issue of protecting the identifiers of certain IGOs and International Non-Governmental Organizations ("INGOs") in all gTLDs published its Initial Report for public comment. The public comment period is scheduled to close 7 August 2013. The Issue Report was initiated as a result of a recommendation by the GNSO Drafting Team formed to provide a GNSO Council response to the Board and GAC on the protection of IOC and RCRC names in new gTLDs. After community review, the scope of the Final GNSO Issue Report included an evaluation of whether to protect the names of both IGOs and non-government organizations at the top level and second level in all gTLDs.
What concerns or issues were raised by the community?
ICANN received several responses from the community during the course of the public comment forum on the proposed final draft of the New gTLD Registry Agreement; however, none of the responses specifically relates to the provisions in the New gTLD Registry Agreement to provide protections for IGO identifiers.
What significant materials did the NGPC review?
As part of its deliberations, the NGPC reviewed the following significant materials and documents:
• GAC Beijing Communiqué:
• Public comments in response to the New gTLD Registry Agreement: http://forum.icann.org/lists/comments-base-agreement-29apr13/
• GNSO PDP Working Group Initial Report on Protection of IGO and INGO Identifiers in all gTLDs:
What factors did the Board find to be significant?
The Beijing Communiqué generated significant interest from the community and stimulated many comments. The NGPC considered the community comments, the GAC’s advice transmitted in the Beijing Communiqué, and the ongoing work of the GNSO PDP Working Group on the Protection of IGO and INGO Identifiers in all gTLDs.
Are there positive or negative community impacts?
The response to the GAC advice as provided in the NGPC’s Resolution will assist with resolving the GAC advice in manner that permits the greatest number of new gTLD applications to continue to move forward as soon as possible, while being mindful of the ongoing efforts to work through the outstanding implementation issues.
Are there fiscal impacts or ramifications on ICANN (strategic plan, operating plan, budget); the community; and/or the public?
There are no foreseen fiscal impacts associated with the adoption of this resolution.
Are there any security, stability or resiliency issues relating to the DNS?
Approval of the proposed resolution will not impact security, stability or resiliency issues relating to the DNS.
Is this either a defined policy process within ICANN’s Supporting Organizations or ICANN’s Organizational Administrative Function decision requiring public comment or not requiring public comment?
On 29 April 2013, ICANN initiated a public comment forum to solicit input on the proposed final draft of the New gTLD Registry Agreement. The public comment forum closed on 11 June 2013.
On 14 June 2013, the GNSO Policy Development Process Working Group tasked with addressing the issue of protecting the identifiers of certain IGOs and INGOs in all gTLDs published its Initial Report for public comment. The public comment period is scheduled to close 7 August 2013.