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GAC Advice on new gTLDs “not the end of the story”

Kevin Murphy, April 15, 2013, 08:20:01 (UTC), Domain Policy

Governments may want new gTLD registries to become the internet’s police force, but ICANN doesn’t have to take it lying down.

ICANN is set to open up the shock Beijing communique to public comments, CEO Fadi Chehade said Friday, while chair Steve Crocker has already raised the possibility of not following the GAC’s advice.

“Advice from governments carries quite a bit of weight and equally it is not the end of the story,” Crocker said in a post-meeting interview with ICANN PR Brad White.

“We have a carefully constructed multi-stakeholder process,” he said. “We want very much to listen to governments, and we also want to make sure there’s a balance.”

The ICANN bylaws, he reminded us, give ICANN “a preference towards following advice from the GAC, but not an absolute requirement.”

That’s a reference the the part of the bylaws that enables ICANN’s board to overrule GAC advice, as long as it carries out consultation and provides sound reasoning.

It was invoked once before, when ICANN tried to get a handle on the GAC’s concerns about .xxx in 2011.

In this case, I’d be very surprised indeed if the GAC’s advice out of Beijing does not wind up in this bylaws process, if only because the document appears to be internally contradictory in parts.

It’s also vague and broad enough in parts that ICANN is going to need much more detail if it hopes to even begin to implement it.

It looks like at least 517 new gTLD applications will be affected by the GAC’s advice, but in the vast majority of cases it’s not clear what applicants are expected to do about it.

The first part of dissecting the Beijing communique will be a public comment period, Chehade said during the interview Friday. He said:

The community wishes to participate in the discussion about the GAC communique. So, alongside the staff analysis that is starting right now on the GAC communique we have decided to put the GAC communique out for public comment, soliciting the entire community to give us their input to ensure that the GAC communique is taken seriously but also encompasses our response, encompasses the views of the whole community.

Watch the full video below.

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