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This work space is designed to hose a proposed ALAC response to the GAC indicative scorecard on new gTLD outstanding issues listed in the GAC Cartagena Communiqué (available at http://www.icann.org/en/topics/new-gtlds/gac-scorecard-23feb11-en.pdf).

BACKGROUND

Earlier premilinary analysis of the Scorecard, based on the ALAC work within the Rec6 Working Group, resulted in a preliminary analysis whose results are available at ALAC - February 2011 - GAC-Board Meeting

At the GAC/ALAC meeting of March 13, 2011, the GAC specifically requested a written formal response from the ALAC to the above-stated Scorecard. I the subsequent days of the ICANN 40 meeting, the ICANN Board and other stakeholders have also requested similar ALAC feedback.

Originally, based on the request of the GAC an original proposal was to group the scorecard items into logical themes that can each be addressed as a whole, and even (should we want) prioritized according to ALAC needs:

  • Objection procedure (snapshot #1, 2.1, 12)
  • Trademark-based reserved strings (#6, 7)
  • Special categories of applications (#2.2, 8, 10)
  • Operational readiness (#3, 6.4)
  • Business and market considerations (#4,5)
  • Legal considerations (#9,11)

As well, consideration was given to one more theme that does not tie into specific scorecard items but is implied in the scorecard document as well as subsequent conversations:

  • Timing considerations

As of the end of the ICANN 40 meeting, it was decided to revert to a commentary that would address the Scorecard point-by-point for the sake of the reader's convenience.

DETAILED RESPONSE

ALAC have been widely accused, incorrectly, of being lock-step with the GAC position. This document will be able to demonstrate where we are in sync and where we diverge, along with polite counterpoints and suggested modifications that could (IMO) be more useful in the evolution of GAC policy development than the response It's receiving from the Board.

1. The objection procedures including the requirements for governments to pay fees

2. Procedures for the review of sensitive strings

2.1. String Evaluation and Objections Procedure

2.2. Expand Categories of Community-based Strings

3. Root Zone Scaling

4. Market and Economic Impacts

5. Registry – Registrar Separation

6. Protection of Rights Owners and consumer protection issue

6.1. Rights Protection: Trademark Clearing House (TC)

6.2. Rights Protection: Uniform Rapid Suspension (URS)

6.3. Rights Protection: Post-delegation Dispute Resolution Procedure (PDDRP)

6.4. Consumer Protection

7. Post-Delegation Disputes

8. Use of Geographic Names

8.1. Definition of geographic names

8.2. Further requirements regarding geographic names

9. Legal Recourse for Applications

10. Providing opportunities for all stakeholders including those from developing countries

11. Law enforcement due diligence recommendations to amend the Registrar Accreditation Agreement as noted in the Brussels Communiqué

12. The need for an early warning to applicants whether a proposed string would be considered controversial or to raise sensitivities (including geographical names)

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