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ALAC: Closed Generics Advice to the
ICANNBoard
on the ICANN74 Travel AcknowledgementDate Issued | Document | Reference ID | Current Phase | ||||||
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| ALAC: Closed Generics Advice to the ICANN Board on the ICANN74 Travel Acknowledgement | AL-ALAC-ST-04221123-01-00-EN |
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Description:
The GAC, in its communiqué from ICANN78 in Hamburg, Germany, gave unequivocal Advice to the Board on this matter. To quote:
Prior to the next round of New gTLDs, to ensure that the forthcoming Applicant Guidebook clearly states that Closed Generic gTLD applications will not be considered.
The ALAC fully supports this Advice and its accompanying rationale and echoes this Advice to the BoardA summary of the contributions made by the community has been compiled and the ALAC has unanimously agreed that this should form the basis of Advice to the Board to either withdraw the waiver that has been presented or re-write it to address the egregious issues.
STATUS UPDATES
Date | Phase | Type | Status Updates | |||||
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| Closed | Phase Change | This Advice Item is now Closed | .|||||
| Phase 5 | Phase Change | Now in Phase 5 | Close | |||||
| Phase 2 | Phase Update | LetterICANN sent a letter (https://www.icann.org/en/system/files/correspondence/ | bottermansinha-to- | hilyardzuck-dibiase- | 27jun2222jan24-en.pdf) | sent to ALAC in responseto | Advice. Perthe | letter, Advice will now be closed.
Phase 2 | AP Feedback | The ALAC appreciates the revision to the FAQs and the new ICANN74 Funded Traveler Summary. Both provide significant clarity of the ICANN Org operational intent with regard to ICANN74, COVID-19 and funded travelers. Question #1: The answer is "no". The additions to the FAQs do not modify the comments contained in the ALAC Advice on the ICANN74 Travel Acknowledgement. The ALAC Advice was concerned with the waiver itself -- which is a stand alone legal document. Objections to the waiver centered around the fact that it went well beyond health and safety conditions related to Covid-19 and participants were asked to waive any and all rights to seek redress from ICANN, regardless of the situation under consideration. The FAQs address health and safety measures put in place to manage potential Covid-19 situations. However, they do not change the waiver itself. If the waiver had not made absolute statements and had referenced the other documents, the situation might have been different. Nowhere in the ALAC Advice is it suggested that ICANN's health and safety measures concerning Covid-19 would not be adequate, although recent verbal statements about the intended absolute lack of enforcement might be considered troubling. The ALAC would have preferred that ICANN Org provide the full details of the measures it is taking for our health and safety in the FAQs prior to issuing the waiver. But the waiver, in any event, is a stand alone legal document and the FAQs are not legal amendments to that document. Question #2: Additional information provided in the new ICANN74 Funded Travelers guidelines in no way changes the comments contained in the ALAC Advice. It does not change the basic problem that the waiver is all encompassing and leaves participants legally naked in the case of harm or injury, no matter the issues involved. It may be that such documents might be considered as authoritative in a court, but we note that such a statement was not made by ICANN Legal Counsel and regardless, few At-Large participants have the desire or resources to test this theory in court. The ICANN Multistaker Model is quite fragile and depends upon the trust between all parties. This heavy-handed action by ICANN Org increases distrust and will discourage volunteer participation. The ALAC fully understands the ICANN Org need to protect itself from frivolous or unreasonable legal actions. However, the ALAC strongly believes that there must be a more balanced way to do this than the present waiver. The ALAC welcomes the opportunity to further discuss its concerns as the waiver and FAQs/Summary continue to evolve. | ||||||
| Phase 2 | Phase Update | Clarifying Questions sent to the ALAC for review. | |||||
| Phase 2 | Clarifying Question | ICANN org is committed to providing as safe a space as possible for in-person attendees. In response to Community questions, an update on the FAQs (as of 10 May 2022 - https://74.schedule.icann.org/health-safety) has recently been published to provide a better explanation of measures being taken to protect the health and safety of all who attend ICANN74.
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ALAC regarding this Advice item. | ||||||||
| Phase 2 | Phase Change | Now Phase 2 | |||||
| Phase 1 | Phase Update | Acknowledgement sent to ALAC. | |||||
| Phase 1 | Phase Update | ALAC published AL-ALAC-ST- | 04221123-01-00-EN: Closed Generics Advice to the ICANN Board | on the ICANN74 Travel Acknowledgement: https://atlarge.icann.org/en/advice_statements/ | 1385313907. |