Reconsideration: Difference between revisions
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| [https://www.icann.org/resources/board-material/resolutions-new-gtld-2014-09-08-en#1.c Denied] | | [https://www.icann.org/resources/board-material/resolutions-new-gtld-2014-09-08-en#1.c Denied] | ||
| [https://newgtlds.icann.org/en/applicants/gac-advice/durban47 GAC Advice from ICANN 47] | | [https://newgtlds.icann.org/en/applicants/gac-advice/durban47 GAC Advice from ICANN 47] | ||
|- | |||
| [https://www.icann.org/resources/pages/14-28-2014-06-11-en 14-28:] [[DotMusic]] | |||
| Requesting reconsideration of ICANN's acceptance of change requests from Amazon for its [[.music]], [[.song]], and [[.tunes]] applications after receipt of GAC advice regarding generic terms | |||
| No | |||
| Deny | |||
| No action taken | |||
| | |||
|- | |||
| [https://www.icann.org/resources/pages/14-29-2014-06-16-en 14-29:] DotKids Foundation | |||
| ICANN deferred DotKids' application change request until the completion of the CPE process for [[.kids]] | |||
| No | |||
| Deny | |||
| No action taken | |||
| | |||
|- | |||
| [https://www.icann.org/resources/pages/14-30-2014-06-25-en 14-30], [https://www.icann.org/resources/pages/14-32-2014-06-26-en 14-32], and [https://www.icann.org/resources/pages/14-33-2014-06-26-en 14-33]: Dot Registry, LLC | |||
| Dot Registry requested reconsideration of its failed CPE processes for [[.llc]], [[.inc]], and [[.llp]] | |||
| No | |||
| Deny | |||
| Board separately initiated an assessment of its relationship with its CPE panel provider] | |||
| Dot Registry ultimately withdrew all three RRs | |||
|- | |||
| [https://www.icann.org/resources/pages/14-31-2014-06-25-en 14-31:] TLDDOT GmbH | |||
| TLDDOT did not prevail in a CPE for [[.gmbh]] | |||
| No* | |||
| Deny | |||
| No action taken | |||
| Requester's areguments for reconsideration were almost entirely substantive, and therefore failed to establish a claim for reconsideration | |||
|- | |||
| [https://www.icann.org/resources/pages/14-34-2014-07-01-en 14-34:] Despegar Online SRL, DotHotel, Inc., dot Hotel Limited, Fegistry, LLC, Spring McCook, LLC, and Top Level Domain Holdings Limited | |||
| The six requesters were appealing Hotel Top-Level-Domain S.a.r.l.'s successful CPE for [[.hotel]] | |||
| No | |||
| Deny | |||
| No action taken | |||
| | |||
|- | |||
| [https://www.icann.org/resources/pages/14-35-2014-07-08-en 14-35:] Amazon EU S.a.r.l. | |||
| Reconsideration of the staff response to Amazon's [[Document Information Disclosure Policy|DIDP]] request regarding RR 14-27 | |||
| No | |||
| Deny | |||
| No action taken | |||
| "As there is no indication that ICANN violated any policy or procedure with respect to its response to the Requester’s DIDP Request, and given that portions of Request 14-35 are simply premature as ICANN has stated that it is still reviewing documents, the instant Request 14-35 should not proceed." | |||
|- | |||
| [https://www.icann.org/resources/pages/14-36-2014-07-25-en 14-36:] Asia Spa and Wellness Promotion Council (ASWPC) | |||
| ICANN denied ASWPC's request to modify its application for [[.spa]] | |||
| No* | |||
| Deny | |||
| No action taken | |||
| No proper grounds for reconsideration | |||
|- | |||
| [https://www.icann.org/resources/pages/14-37-2014-08-20-en 14-37:] iRegistry Ltd. | |||
| NGPC's adoption of the [[Name Collision Occurrence Management Framework]] | |||
| No | |||
| Deny | |||
| Deny | |||
| iRegistry did not prove that it was actually adversely affected by the adoption of the policy | |||
|- | |||
| [https://www.icann.org/resources/pages/14-38-2014-08-29-en 14-38:] The [[Business Constituency]], the [[Registries Stakeholder Group]], and the [[Non-Commercial Stakeholders Group]] | |||
| Protesting the staff "imposition" of an Accountability Plan as posted, without public comment or bottom-up process | |||
| Withdrawn | |||
| No recommendation | |||
| No action taken | |||
| It appears that either this request inspired a change in process, or was overtaken by events - an additional public comment period was announced shortly after the request was filed. | |||
|- | |||
| [https://www.icann.org/resources/pages/14-39-2014-09-23-en 14-39:] Despegar Online SRL, Radix FZC, Famous Four Media Limited, Fegistry, LLC, Donuts, Inc., Minds + Machines | |||
| Reconsideration of the staff response to a [[Document Information Disclosure Policy|DIDP]] request regarding the [[.hotel]] CPE | |||
| No* | |||
| Deny | |||
| No action taken | |||
| No proper grounds for reconsideration | |||
|- | |||
| [https://www.icann.org/resources/pages/14-40-2014-09-26-en 14-40:] Dadotart, Inc. | |||
| Dadotart did not prevail in a [[Community Priority Evaluation]] for [[.art]] | |||
| No* | |||
| Deny | |||
| No action taken | |||
| No proper grounds for reconsideration | |||
|- | |||
| [https://www.icann.org/resources/pages/14-41-2014-09-29-en 14-41:] Afilias Limited, BRS Media Inc., and Tin Dale, LLC | |||
| Reconsideration of the European Broadcasting Union's succesful [[Community Priority Evaluation]] for [[.radio]]; and ICANN staff's response to a [[Document Information Disclosure Policy|DIDP]] request concerning the same CPE | |||
| No* | |||
| Deny | |||
| No action taken | |||
| No proper grounds for reconsideration | |||
|- | |||
| [https://www.icann.org/resources/pages/14-42-2014-09-30-en 14-42:] Ministry of Industry, Trade, Investment and Digital Economy of the Kingdom of Morocco | |||
| Handling of Morocco's objection to the [[.tata]] domain application | |||
| No | |||
| No recommendation | |||
| No action taken | |||
| The reconsideration request was deemed moot - Morocco's other efforts for relief succeeded before the RR was considered by the BGC | |||
|- | |||
| [https://www.icann.org/resources/pages/14-43-2014-10-21-en 14-43:] City of Spa | |||
| ICANN decision to process applications for [[.spa]] as non-geographic name applications | |||
| No* | |||
| Deny | |||
| No action taken | |||
| No proper grounds for reconsideration | |||
|- | |||
| [https://www.icann.org/resources/pages/14-44-2014-10-22-en 14-44:] dotgay LLC | |||
| dotgay did not prevail in a [[Community Priority Evaluation]] for [[.gay]] | |||
| No | |||
| Approve reconsideration | |||
| No action taken | |||
| "Accepting the Request merely allows the appointment of new CPE evaluators (and potentially new core team members) to conduct a new evaluation and issue a new report that will supersede the existing CPE Panel’s Report." (see RR 15-21) | |||
|- | |||
| [https://www.icann.org/resources/pages/14-45-2014-10-22-en 14-45:] .music LLC | |||
| .music LLC did not prevail in a [[Community Priority Evaluation]] for [[.music]] | |||
| No* | |||
| Deny | |||
| No action taken | |||
| No proper grounds for reconsideration | |||
|- | |||
| [https://www.icann.org/resources/pages/14-46-2014-10-22-en 14-46:] Little Birch, LLC and Minds + Machines Group Limited | |||
| Reconsideration of Big Room, LLC's successful [[Community Priority Evaluation]] for [[.eco]] | |||
| No* | |||
| Deny | |||
| No action taken | |||
| No proper grounds for reconsideration | |||
|} | |} | ||
Revision as of 22:50, 10 January 2022
Reconsideration is one of ICANN's Accountability Mechanisms. This option is provided in the ICANN Bylaws Article IV, Section 2. Any person or entity materially affected by an action (or inaction) of ICANN may request reconsideration of that action by the ICANN Board.[1]
Matters Subject to Reconsideration[edit | edit source]
Requestors may submit reconsideration requests if they have been adversely affected by:
(i) One or more Board or Staff actions or inactions that contradict ICANN's Mission, Commitments, Core Values and/or established ICANN policy(ies);
(ii) One or more actions or inactions of the Board or Staff that have been taken or refused to be taken without consideration of material information, except where the Requestor could have submitted, but did not submit, the information for the Board's or Staff's consideration at the time of action or refusal to act; or
(iii) One or more actions or inactions of the Board or Staff that are taken as a result of the Board's or staff's reliance on false or inaccurate relevant information.[2]
The ICANN Empowered Community (EC) may submit a "Community Reconsideration Request" if approved under the rules listed in the "EC Mechanism" Annex of the Bylaws[3]; and if the matter relates to the exercise of the powers and rights of the EC as defined by the Bylaws.[4] Annex D outlines the process through which "Decisional Participants" may petition the EC to submit a Community Reconsideration Request.[3]
Applicability to Objections to Applications, New gTLD Program[edit | edit source]
The reconsideration process was available for challenges to expert determinations rendered by third party dispute resolution service provider (DRSP) panels in the New gTLD Program, if the panels or staff failed to follow established policies or processes in reaching the expert determination.[5] In other words, the substance of an expert determination could not be challenged, but a failure in procedural requirements could be.
Excluded from Reconsideration[edit | edit source]
The Bylaws expressly exclude the following subjects from the reconsideration mechanism:
- Disputes relating to country code top-level domain ("ccTLD") delegations and re-delegations;
- Disputes relating to Internet numbering resources; and
- Disputes relating to protocol parameters.[6]
Process[edit | edit source]
Under the current Bylaws, the Board Accountability Mechanisms Committee (BAMC) reviews and considers the requests.[7] In previous versions of the reconsideration process, the Board Governance Committee was responsible for the full review process (with no referral to the ICANN Ombudsman as described below).[8] If the committee determines that the reconsideration request fails to meet the requirements specified in Article 4.2 of the Bylaws, or is "frivolous," it can summarily dismiss the request on that basis.[9] Dismissal on the sole basis that the request is frivolous is rare.[10]
If the reconsideration request passes through the initial review, the BAMC refers the matter to the ICANN Ombudsman for investigation. In the event that the Ombudsman must recuse themselves, the BAMC will investigate on its own. The Ombudsman may employ the services of experts to assist with their investigation.[11] In addition, the BAMC may request additional information from the requestor, third parties, ICANN staff, and anyone else it deems relevant to the inquiry.[12]
The Ombudsman (or the BAMC on its own behalf) completes a substantive evaluation of the reconsideration request. Following the completion of the substantive evaluation, the BAMC shall review and consider all information gathered in the written record, including supplemental information from any of the sources described in Sections 4.2(m)-(o).[13]
The BAMC then submits a non-binding recommendation to the full Board for its consideration. The Board makes the final determination on the reconsideration request.[14]
Urgent Requests[edit | edit source]
The requestor may request urgent review of an action or inaction by the Board if they believe that "timing requirements of the process set forth in...Section 4.2 are too long." An approved request for urgent review causes the entire process to operate under expedited time frames.[15] Only actions by the Board are subject to urgent review.[16]
Summary Table of Requests[edit | edit source]
The following table presents the reconsideration requests submitted to ICANN, their subject matter, and their disposition.
- "Deny" in the "Recommendation" and "Board Action" columns means that no action was taken regarding the reconsideration request (i.e., the request was denied).
- The "Dismissed?" column designates whether the request was summarily dismissed under the then-current standards for dismissal. In many cases, even if the committee's recommendation noted that a request could be summarily dismissed for procedural reasons, the reviewing committee would still address the substance of the request. In such cases, the "Dismissed?" column will read "No*" and the notes column will identify the justifications for dismissal.
- The requests are numbered by ICANN in order received by year. No requests were received in 2003, 2007, 2008, and 2009.[17]
Reconsideration Request | Subject | Dismissed? | Recommendation | Board Action | Notes |
---|---|---|---|---|---|
99-1: Eric Brunner & Bob Gough | Proposing the creation of a separate Indigenous Intellectual Property Constituency | No | Deny | Deny | |
99-2: Gene Marsh | Inclusion of Top Level Domain Association in the Names Council | Yes | Deny | Deny | The original request did not include the required information, and a request from ICANN to Marsh to provide additional information went unanswered. Request was also time-barred. |
99-3: Bruce Perelman | Allowing the registration of ?.com and ~.com | Yes | Deny | Deny | There was no action by the Board that could be reconsidered. |
99-4: Karl Auerbach | Revocation of the agreement between the Department of Commerce, ICANN, and Network Solutions | No | Deny | Deny | |
00-1: Russ Smith | Reconsideration of the decision to cancel 800+ accidentally registered domain names with trailing hyphens (i.e., abc-.com) | No | Deny | Deny | For a brief period of time, NSI's software enabled people to register names with trailing hyphens, which was contrary to both RFC and existing policy. |
00-2: Nigel Roberts | Contents of request withheld by request | Probably | No Recommendation Issued | Did not act | Both the request and ICANN's response are not published, at the request of Mr. Roberts |
00-3: Paul Wilson obo APNIC | Inclusion of term "globally specified applications" in IANA Functions Contract | No | No Recommendation Issued | Did not act | |
00-4: Bret Fausett | ICANN's failure to timely publish board meeting minutes from April 6 | No | Revise Bylaws | Bylaws for publication of meeting minutes revised after public comment | |
00-5: James Trefil obo Adam Corelli | Requestor lost a UDRP case and appealed in court; wanted the link to the UDRP decision removed from ICANN's website | No | Deny | Deny | |
00-6: A. J. L. de Breed | Rejection of an application for a New TLD under the 2000 program because it was accompanied by a $1,000 check, rather than the required $50,000 fee | No | Deny | Deny | |
00-7: D. Alexander Floum | ICANN Staff posted its evaluation of Floum's company, IODesign, as part of IODesign's application for a new TLD. The evaluation categorized IODesign's technical and business readiness as "poor." Floum wanted that evaluation to be removed. | No | Deny | Deny | |
00-8: Ivan Vachovsky 00-9: Roy Goldberg 00-10: Paul Stahura 00-11: Sarnoff Corporation 00-12: The .TV Corporation 00-13: Image Online Design 00-14: SRI International 00-16: Telnic Limited 01-2: .Kids Domains, Inc. |
The listed reconsiderations requests all dealt with applications under ICANN's 2000 New TLD pilot program which did not succeed. All of them asked for reconsideration of those applications. | No | Deny | Deny | The committee, in its recommendations regarding all of these requests, prefaced their analysis of the specific request with a general overview of the selection process. |
01-1: Beltraide | Request to reconsider delegation of .biz, because of confusion with the .bz ccTLD | No | Deny | Deny | "ICANN could not responsibly reject proposals for new TLDs merely because the applicants have requested TLDs that include letters also found in country-code TLDs such as <.bz.>" |
01-3: Monsoon Assets Limited (BVI)] | Request to reconsider non-selection of Monsoon's application for the New TLD pilot | No* | Deny | Deny | Reconsideration request was not timely submitted and did not substantiate its claims |
01-4: Verio | ICANN's changes to the RAA prohibiting the use of WHOIS information for unsolicited marketing communications | No | Refer to DNSO, but make no changes at present | Accepted recommendation | |
01-5: Michael Froomkin and Jonathan Weinberg | Withdraw ICP-3 from the ICP Series | No | Deny, but adopt formal process of Board approval of designation to ICP | Followed recommendation | |
01-6: Russ Smith | Arguing for increasing publicity of materials relevant to UDRP procedures, standards, and rules | No | Forward suggestions to UDRP Providers | Approved the committee's suggestion | Responsibility for training third party neutrals rests with UDRP service providers, not ICANN |
01-7: Edward Hasbrouck | RAA for .aero should be revised | No | Deny | Deny | |
02-1: David Ogden | Denial of registration of pops.int by the Stockholm Convention on Persistent Organic Pollutants | No | Reverse Decision | Reversed Decision | |
02-2: Russ Smith | Enforce transfer obligations to comply with transfer policies | No | Deny | Deny | |
02-3: Tony So | Reversing deletion and loss of control of So's domain name | No | Subsequent events made the issue moot, so no action required; however, recommend a redemption grace period policy for registrants | Followed recommendation regarding a grace period | |
02-4: Ethan Katsch | Dissolution of the Independent Review Nominating Committee | No | Deny | Deny | |
02-5: Dotster | Board resolution modifying agreement with Verisign to allow "Wish List Service" | No | Deny | Deny | |
02-6: VeriSign | Board resolution 02-100 | No | Modify Condition C to better meet the needs of consumers; no other action | Approved recommendation | |
04-1: Bret Fausett | Failure to post minutes of board meeting within timeline | No | Post was a day late; board should consider audio recordings of meetings; recommend staff training re: timelines | Approved recommendations | |
04-2: Danny Lee Younger | ga@dnso.org listserv archives not working | No | Problem was resolved before request was addressed | No action | Apologizing for delays in responding, staff noted that "We currently receive tens of thousands of pieces of spam for each legitimate request for reconsideration sent to reconsider@icann.org." |
04-3: Network Solutions | Alleged approval of alterations to Verisign Registry Agreement | No | No recommendation | N/A | It seems possible that this request was overtaken by events surrounding the Site Finder litigation |
05-1: Bret Fausett | Another missed deadline for posting of meeting minutes | No | Posting was late, although minimal impact b/c the affected public comment period deadline was extended; however, recommend real-time scribing of board meetings | Approved recommendation | |
05-2: Edward Hasbrouck | May 3, 2005 special meeting of the board was closed to outside observers | Yes | Ombudsman advised the committee that this request was no different from a complaint to the Ombuds office. Deemed frivolous. | ||
06-1: Network Solutions, LLC, et. al. | Board approval of Verisign Settlement in February 2006 | No* | Deny | Deny | Reconsideration requests are void if there was opportunity for requestors to make their opinions known to the board during public comment or other opportunities. Request also fails to substantiate or support its claims. |
06-2: Danny Younger | Board approval of Verisign Settlement in February 2006 | No* | Deny | Deny | "The Committee concludes that there are no grounds to proceed, as each of the grounds is either: (i) not an appropriate subject for reconsideration; (ii) already considered by the Board, or (iii) could have been brought to the Board's attention prior to the 28 February 2006 approval." |
06-3: Marilyn Cade | Protesting ICANN GC decision that she could not run in a mid-term election for a vacated board seat. Cade resigned from the NomCom in order to run for the seat. | No* | Deny | Deny | Bylaws are "unambiguous" regarding former NomCom members' eligibility to be selected for board service; requestor fails to state a claim that would be subject to reconsideration |
06-4: ICM Registry | Board rejection of Registry Agreement with ICM for .xxx | No | No recommendation - Request Withdrawn by ICM, October 2006 | N/A | |
10-1: Michael Palage | Late publication of board meeting minutes | No | Posting was 10 hours late, so limited impact; but, recommend amendment of Bylaws requiring posting of board resolutions within 2 days, and preliminary report within 7 days. | Approved recommendation | Palage, in the public comments to the proposed Bylaws amendment, expressed disappointment |
10-2: .JOBS Charter Compliance Coalition | Approval of amendments to .JOBS Registry Agreement, permitting noncompanyname.jobs registrations & proposing a phased allocation of such names | No | Deny, but ICANN staff to closely monitor the rollout of these new names to ensure the registry complies with its charter | Approved recommendation | "…the BGC is not at all clear that it has a full picture of how Employ Media intends to implement the Phased Allocation Process.""[18] |
10-3: Michael Palage | Resolution approving description of High Security Top Level Domain program in the Applicant Guidebook | No* | Deny | Deny | No support for reconsideration based on the grounds listed in the Bylaws. BGC found that "Information that is not yet in existence cannot be considered “material information” for the purposes of the Reconsideration process.""[19] |
11-1: Michael Gende | Staff failure to assist Mr. Gende in obtaining zetamusic.com | No* | Deny | Deny | Failure to state a claim related to ICANN's mission. |
12-1: International Olympic Committee | New gTLD Committee's inaction re: advice from GNSO suggesting additional protections for Red Cross, IOC | No | Deny; but, suggest that the New gTLD committee assess whether the time is now ripe to act on GNSO advice | New gTLD Committee resolved to review new information since original decision | |
12-2: GNSO Intellectual Property Constituency | Board Approval of the Registry Services Evaluation Process (RSEP) request of the registry operator for .CAT, Fundació PuntCAT | No | Deny; but amend a preliminary "wheras" clause from the resolution to avoid confusion regarding scope of the amendment | [https://www.icann.org/resources/board-material/resolutions-2012-08-28-en#2.a Deny reconsideration, amend "whereas" clause as recommended | Request for amendment was related to GDPR/WHOIS issues for a Spanish registry |
13-1: Ummah Digital, Ltd. | Staff rejection of Ummah's application based on Support Applicant Review Panel's Findings under the New gTLD Round | No | Deny; refer to SUBPRO for possible lessons learned | Denied and referred to SUBPRO | "ICANN’s accountability mechanisms are not intended for instances where a requestor: (1) is fully aware of the potential risks and defined outcomes within a process; (2) chooses to participate within that process; and (3) when they experience an unfavorable but defined outcome, seeks relief from that outcome." |
13-2: Nameshop | Staff rejection of Nameshop's change request, and application for financial assistance | No | Deny | Deny | |
13-3: Non-Commercial Stakeholders Group | Introduction of "prior offender" URLs in the Trademark Clearinghouse | No | Deny; but, the request raises important points wrt "policy" versus "implementation", and expanding the mechanisms of community consultation | Deny, and refer issues raised to ICANN staff for inclusion in the ongoing community conversation re: policy vs. implementation | |
13-4: DotConnectAfrica Trust | Rejection of DCA Trust's .africa application in the New gTLD Program | No | Deny | Deny | |
13-5: Booking.com B.V. | Placement of .hotels and .hoteis in a contention set | No | Deny | Deny | |
13-6: Hotel Top Level Domain S.a.r.l. | Dismissal of dotHotel's objection to Booking.com's .hotels application | No | Deny | Deny | |
13-7: Dish DBS Corp. | Dish attempted to register .direct and DirectTV's objection was upheld | No | Deny | Deny | |
13-8: Merck KGaA | New gTLD Committee's recommendation that third party neutrals consider extenuating circumstances regarding missed objection deadlines | No | Deny | Deny | Merck KGaA, a German company had applied for .merck and .emerck. The American Merck & Co.'s objections to the two applications were ten and eleven minutes late, respectively |
13-9: Amazon EU S.a.r.l. | Amazon attempted to register a string that represented the Japanese translation of "online shopping." Commercial Connect objected to the application based on their application for .shop | No | Deny | Deny | Two 13-9 and 13-10 represented two different outcomes on similar facts - foreign language translations of "shopping" and their impact on .shop. The BGC recommended that a report be prepared regarding the two string confusion cases, and that neither string proceed to contracting until the NGPC had an opportunity to review. |
13-10: Commercial Connect, LLC | The partner case to 13-9 - here Top Level Domain Holdings applied for a string representing a Chinese translation of "shop" and Commercial Connect's objection was denied | No | Deny | Deny | See above. The same concluding paragraph in both 13-9 and 13-10 states: "[T]he BGC recommended that staff provide a report to the NGPC, for delivery in 30 days, setting out options for dealing with the situation raised within this Request, namely the differing outcomes of the String Confusion Objection Dispute Resolution process in similar disputes involving Amazon’s Applied-for String and TLDH’s Applied-for String. In addition, the BGC suggested that the strings not proceed to contracting prior to staff’s report being produced and considered by the NGPC." |
13-11: Non-Commercial Stakeholders Group | Asking the board to review the sufficiency of the staff reponse to the NCSG's DIDP request regarding information related to the TMCH "Strawman" (which included the "50 prior offender" provision which was the subject of RR 13-3) and RR 13-3. | No* | Deny | No action | Under the then-current Bylaws, the BGC had the discretion to deny reconsideration requests regarding ICANN staff action or inaction without reference to the board. This request did not state "propergrounds for reconsideration" and was denied without further consideration. This is similar to the current "dismissal" powers of the BAMC. |
13-12: Tencent Holdings Limited | Tencent applied for 微博 and .Weibo. Sina, the mark holder for 微博, objected to both applications and the objections were sustained. | No | Deny | Deny | |
13-13: Christopher Barron | Rejection of GoPROUD's objection to dotgay LLC's application for .gay | No | Deny | Deny | The BGC's recommendation was moot by the time the NGPC considered it, as GoProud had dissolved and reformed, and Christopher Barron was not associated with the new entity, nor could he otherwise be contacted. |
13-14: DERCars, LLC | Google submitted objections to the three applications for .cars, but only prevailed as it related to DERCars' application. | No | No action - request was withdrawn | It is unclear what, if any, work was done on this RR. In February 2014, DERCars became one of two applicants granted the right to appeal the inconsistent ruling. | |
13-15: Commercial Connect, LLC | Staff failure to invite Commercial Connect to begin the CPE process for .shop | No* | Deny | No action taken | As with RR 13-11, the BGC determined that Commercial Connect failed to state a claim under the rules of review, and so issued a final determination rather than a recommendation to the board. |
13-16: dot Sport Limited | SportAccord's objection to dot Sports' application for .sport was sustained | No* | Deny | Denied without recommendation to the NGPC. See also RR 14-10 | |
13-17: GCCIX, W.L.L. | GCCIX applied for .GCC, which received objections from both the GAC and the Gulf Cooperation Council. The NGPC acted on the GAC advice and rejected the application | No | Deny | Deny | |
13-18: ILGA | ILGA's community objection to Afilias' application for .lgbt was rejected | No* | Deny | No action taken | Denied without recommendation to the NGPC |
13-19: HOTREC | HOTREC lost a community objection proceeding related to .hotels; the RR contends that NGPC should have stayed that proceeding when it paused consideration of several "closed generic" applications to allow time to engage with the GAC. | No | Deny | Deny | |
13-20: DotSecure, Inc. | DotSecure applied for .bank. The Int'l Banking Federation objected and the objection was sustained | No* | Deny | No action taken | Denied without recommendation to the NGPC: "There is no indication that ICANN violated any policy or process in accepting the determination sustaining IBF’s Objection to the Requester’s application for .BANK. |
13-21: European Lotteries | Requester objected to Afilias' application for .lotto, and lost | No* | Deny | No action taken | Denied without recommendation to the NGPC |
12-22: DotMusic | DotMusic's community objection to Amazon's .music application did not prevail | No* | Deny | No action taken | Denied without recommendation to the NGPC |
13-23: Ruby Pike, LLC | The Independent Objector prevailed in a "limited public interest" objection to Ruby Pike's application for .hospital | No* | Deny | No action taken | Denied without recommendation to the NGPC |
14-1: Medistry LLC | The Independent Objector submitted a objection to Medistry's application for .med. Medistry appealled on the grounds that the IO cannot object unless there is at least one public comment that opposes the application. | No | Reversed; Medistry's application allowed to proceed | No action taken | BGC issued the reversal itself |
14-2: World Gold Council | The WGC filed a community objection to a rival application for .gold; the objection failed because it did not represent a "clearly delineated community" | No | Deny | No action taken | |
14-3: Corn Lake, LLC | The Independent Objector submitted an objection to Corn Lake's application for .charity and succeeded | No | Deny | No action taken | |
14-4: Union of Orthodox Jewish Congregations of America | The Union's community objection regarding an application for .kosher was rejected | No | Deny | No action taken | The panel's decision took the applicant's Public Interest Commitments into account |
14-5: Vistaprint Limited | Web.com Group successfully objected to Vistaprint's .webs application on string confusion grounds | No | Deny | No action taken | |
14-6: Dot Rugby Limited | The International Rugby Board successfully objected to this and another application for .rugby | No | Deny | No action taken | |
14-7: Asia Green IT System Ltd. | Requester filed for .islam and .halal and was met with a flurry of objections, GAC advice, and other issues. The NGPC deferred action until Asia Green resolved the conflicts. Asia Green appealed that deferral. | No | Deny | Deny | |
14-8: DotMusic | DotMusic's community objections to a number of .music and .band applications all failed | No | Deny | No action taken | |
14-9: Merck KGaA | Merck KGaA submitted legal rights objections to .merck and .merckmsd | No | Deny | No action taken | |
14-10: dot Sport Limited | Requesting reconsideration of community objection to .sport described in RR 13-16, above, and the BGC's assessment of an undisclosed & purportedly insurmountable conflict of interest on the part of the IRP panelist | No | Deny | Denied by resolution of the board | |
14-11: Commercial Connect, LLC | Commercial Connect's .shop application was placed "On Hold" pending multiple Accountability Mechanism proceedings | No* | Deny | No action taken | Request was late and, even if it was timely, failed to state a claim that warranted reconsideration |
14-2: Tennis Australia | Tennis Australia's CPE application failed | No* | Deny | no action taken | Request failed to substantiate any claim that would be subject to reconsideration |
14-13: European Commission 14-14: UK 14-15 and 14-25: France 14-16 and 14-17: Spain 14-18 and 14-24: Vinicultural & Geographical Indicator Organizations 14-19 and 14-26: Italy 14-20: Portugal 14-21: Luxembourg 14-22: Switzerland |
Urging reconsideration of the delegation of .wine and .vin | No | Deny | Denied | |
14-23: Danielle F. Watson | moviestar.photo registration failed | Withdrawn by requester | No action | No action taken | |
14-27: Amazon EU S.a.r.l. | Amazon's applications for .amazon as well as Chinese and Japanese translations of the word, were rejected by the NGPC on the basis of GAC advice. | No | Deny | Denied | GAC Advice from ICANN 47 |
14-28: DotMusic | Requesting reconsideration of ICANN's acceptance of change requests from Amazon for its .music, .song, and .tunes applications after receipt of GAC advice regarding generic terms | No | Deny | No action taken | |
14-29: DotKids Foundation | ICANN deferred DotKids' application change request until the completion of the CPE process for .kids | No | Deny | No action taken | |
14-30, 14-32, and 14-33: Dot Registry, LLC | Dot Registry requested reconsideration of its failed CPE processes for .llc, .inc, and .llp | No | Deny | Board separately initiated an assessment of its relationship with its CPE panel provider] | Dot Registry ultimately withdrew all three RRs |
14-31: TLDDOT GmbH | TLDDOT did not prevail in a CPE for .gmbh | No* | Deny | No action taken | Requester's areguments for reconsideration were almost entirely substantive, and therefore failed to establish a claim for reconsideration |
14-34: Despegar Online SRL, DotHotel, Inc., dot Hotel Limited, Fegistry, LLC, Spring McCook, LLC, and Top Level Domain Holdings Limited | The six requesters were appealing Hotel Top-Level-Domain S.a.r.l.'s successful CPE for .hotel | No | Deny | No action taken | |
14-35: Amazon EU S.a.r.l. | Reconsideration of the staff response to Amazon's DIDP request regarding RR 14-27 | No | Deny | No action taken | "As there is no indication that ICANN violated any policy or procedure with respect to its response to the Requester’s DIDP Request, and given that portions of Request 14-35 are simply premature as ICANN has stated that it is still reviewing documents, the instant Request 14-35 should not proceed." |
14-36: Asia Spa and Wellness Promotion Council (ASWPC) | ICANN denied ASWPC's request to modify its application for .spa | No* | Deny | No action taken | No proper grounds for reconsideration |
14-37: iRegistry Ltd. | NGPC's adoption of the Name Collision Occurrence Management Framework | No | Deny | Deny | iRegistry did not prove that it was actually adversely affected by the adoption of the policy |
14-38: The Business Constituency, the Registries Stakeholder Group, and the Non-Commercial Stakeholders Group | Protesting the staff "imposition" of an Accountability Plan as posted, without public comment or bottom-up process | Withdrawn | No recommendation | No action taken | It appears that either this request inspired a change in process, or was overtaken by events - an additional public comment period was announced shortly after the request was filed. |
14-39: Despegar Online SRL, Radix FZC, Famous Four Media Limited, Fegistry, LLC, Donuts, Inc., Minds + Machines | Reconsideration of the staff response to a DIDP request regarding the .hotel CPE | No* | Deny | No action taken | No proper grounds for reconsideration |
14-40: Dadotart, Inc. | Dadotart did not prevail in a Community Priority Evaluation for .art | No* | Deny | No action taken | No proper grounds for reconsideration |
14-41: Afilias Limited, BRS Media Inc., and Tin Dale, LLC | Reconsideration of the European Broadcasting Union's succesful Community Priority Evaluation for .radio; and ICANN staff's response to a DIDP request concerning the same CPE | No* | Deny | No action taken | No proper grounds for reconsideration |
14-42: Ministry of Industry, Trade, Investment and Digital Economy of the Kingdom of Morocco | Handling of Morocco's objection to the .tata domain application | No | No recommendation | No action taken | The reconsideration request was deemed moot - Morocco's other efforts for relief succeeded before the RR was considered by the BGC |
14-43: City of Spa | ICANN decision to process applications for .spa as non-geographic name applications | No* | Deny | No action taken | No proper grounds for reconsideration |
14-44: dotgay LLC | dotgay did not prevail in a Community Priority Evaluation for .gay | No | Approve reconsideration | No action taken | "Accepting the Request merely allows the appointment of new CPE evaluators (and potentially new core team members) to conduct a new evaluation and issue a new report that will supersede the existing CPE Panel’s Report." (see RR 15-21) |
14-45: .music LLC | .music LLC did not prevail in a Community Priority Evaluation for .music | No* | Deny | No action taken | No proper grounds for reconsideration |
14-46: Little Birch, LLC and Minds + Machines Group Limited | Reconsideration of Big Room, LLC's successful Community Priority Evaluation for .eco | No* | Deny | No action taken | No proper grounds for reconsideration |
References[edit | edit source]
- ↑ ICANN.org - Reconsideration
- ↑ Article 4.2(c), ICANN Bylaws, as amended November 28, 2019
- ↑ 3.0 3.1 Annex D to the ICANN Bylaws, as amended November 28, 2019
- ↑ Article 4.2(b), ICANN Bylaws, as amended November 28, 2019
- ↑ New gTLD Program Applicant Guidebook - Module 6: Terms and Conditions (PDF)
- ↑ Article 4.2(d), ICANN Bylaws, as amended November 28, 2019
- ↑ Articles 4.2(e) and (k), ICANN Bylaws, as amended November 28, 2019
- ↑ see, e.g., the Accountability Mechanisms of the Bylaws in effect as amended in July 2014
- ↑ Article 4.2(k), ICANN Bylaws, as amended November 28, 2019
- ↑ See, e.g., Request 16.2 - Commercial Connect LLC, February 25, 2016, where despite noting Commercial Connect's abuse of "all of ICANN's Accountability Mechanisms," the BAMC nonetheless provides an analysis on the sufficiency of the request.
- ↑ Article 4.2(l), ICANN Bylaws, as amended November 28, 2019
- ↑ Articles 4.2(m)-(o), ICANN Bylaws, as amended November 28, 2019
- ↑ Article 4.2(p), ICANN Bylaws, as amended November 28, 2019
- ↑ Article 4.2(r), ICANN Bylaws, as amended November 28, 2019
- ↑ Article 4.2(s), ICANN Bylaws, as amended November 28, 2019
- ↑ See Reconsideration Request 21-3, where the BAMC denied Dot Hip Hop LLC's request for urgent reconsideration of inaction by ICANN staff
- ↑ ICANN Staff Responses to ATRT1 Team, October 1, 2010 (PDF)
- ↑ BGC Recommendation on RR 10-2, December 9, 2010
- ↑ BGC Recommendation on RR 10-3, December 4, 2010