Rec 6 CWG-Morality and Public Order

Rec 6 CWG-Morality and Public Order
Status:	Closed
Issue Areas:	New gTLD Program (2012)
Date Established:
Charter:	[ WG Charter]
Workspace:	Community Wiki

The New gTLD Recommendation #6 Cross-Community Working Group, Rec 6 CWG-Morality and Public Order or Rec6 CWG was a Cross-Community Working Group created to discuss the GNSO's Recommendation #6 of the 2012 New gTLD Program.

Background

When ICANN was finalizing the implementation details for the launch of new gTLDs, it was posted the "Proposed Final Guidebook", which proposed procedures for addressing objections based on morality and public order concerns arising out of possibly objectionable new gTLD strings.

The policy recommendations to guide the introduction of new gTLDs were created by the GNSO over a two year effort. Among these GNSO policy recommendations is Recommendation #6, which states that "Strings must not be contrary to generally accepted legal norms relating to morality and public order that are recognized under international principles of law."

The Rec6 CWG arose out of cross-community discussions stemming from the ICANN 38 meeting in Brussels, as the GAC suggested that a cross-community effort should be commenced to identify improvements to the implementation of the GNSO New GTLD Recommendation #6.

Overview

The working group aimed to develop recommendations for an effective objections procedure that both recognized the relevance of national laws, including laws protecting freedom of expression, and effectively addressed strings that raise national, cultural, geographic, religious and/or linguistic sensitivities to the extent possible.

Specific tasks were to:

• review the terminology and the dispute resolution procedures related to Rec 6 in the 2012 New gTLD Program Draft Applicant Guidebook v.4 (“AGv4 Proposal”); and
• deliver a report with any recommendations to the ICANN Board.

The Rec6 CWG did not attempt to revisit the intended aim of Rec6, nor to revisit other established recommendations. Instead, it sought to develop implementation guidelines to address the concerns expressed by the GAC and the ALAC.

Activities

The Rec6 CWG commenced its activities by reviewing and analyzing the proposed implementation of Rec6 as described in the . To facilitate its work, CWG members identified a list of 14 concerns with the implementation plan in AGv4 and discussed them in an effort to identify alternative approaches that might serve as a better implementation model for Rec6.

The Rec6 CWG invited ICANN Staff to arrange for its legal expert, Carroll Dorgan, to provide an overview of the principles that were incorporated into the AGv4 Proposal. On September 7, 2010, Dorgan shared his perspective with the Rec6 CWG, and also answered questions.

Report and Closing

The CWG's Final Report was published on September 21, 2010. The Report provided recommendations supported by the members of the Rec6 CWG with various levels of support or consensus. The determinations of consensus were based on several polls that were conducted during September 12-20, 2010, involving approximately 22 participants.

ICANN published an explanatory memorandum analyzing the CWG Report, and conducted a consultation at ICANN 39 in Cartagena to better understand the recommendations of the CWG. The ICANN Board's resolutions in Cartagena continued this consultation by seeking additional clarification from the CWG on three key issues. The CWG responded to the Board in an effort to assist ICANN in finalizing the treatment of these limited public interest objections. With this clarification to the Board, the CWG concluded its work on this issue.

Membership

The Rec6 CWG was open to volunteers from all ICANN Supporting Organizations (SOs) and Advisory Committees (ACs) who were willing to contribute to the tasks of the group, including individuals.

The chairs of the ALAC, GAC and GNSO Council or their designees served as co-chairs of the Rec6 CWG.

ICANN provided:

• a designated staff support person to assist the group;
• a representative from the ICANN new gTLD implementation team.

Generic Top-level Domain

Generic Top-level Domain

Generic Names Supporting Organization. Develops and recommends to the Board substantive policies relating to generic top-level domains and other responsibilities set forth in the Bylaws (ICANN Bylaws).

Governmental Advisory Committee. Considers and provides advice on the activities of ICANN as they relate to concerns of governments, particularly matters where there may be an interaction between ICANN's policies and various laws and international agreements or where they may affect public policy issues (ICANN Bylaws).

At-Large Advisory Committee. Considers and provides advice on the activities of ICANN related to the interests of individual Internet users (ICANN Bylaws). Not to be confused with the Non-Commercial Stakeholder Group.