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GAC Advice

The GAC provides advice to the ICANN Board on policy matters where there may be an interaction between ICANN’s policies and various laws, international agreements and public policy objectives. GAC Advice is communicated to the ICANN Board through either a Communique or a formal piece of Correspondence.

2024-06-17-Auctions: Mechanisms of Last Resort/Private Resolution of Contention Sets in New gTLDs

Topics Discussed: Auction String Contention

GAC Advice

Reference No. :

2024-06-17 Auctions: Mechanisms of Last Resort/Private Resolution of Contention Sets in New gTLDs

First Delivered 17 Jun 2024 via :

ICANN80 Kigali Communique

Consenus:

Consensus met

2024-06-17-Auctions: Mechanisms of Last Resort/Private Resolution of Contention Sets in New gTLDs

a. The GAC advises the Board:

  1. To prohibit the use of private auctions in resolving contention sets in the next round of New gTLDs.

  2. To urgently initiate a focused community-wide discussion (including with the GAC and ALAC) on the resolution of contention sets, with a view to finding alternatives to private auctions and ICANN auctions of last resort, before the ICANN Board takes any action in a manner that may be inconsistent with the ICANN77 Washington D.C. Communiqué GAC Consensus Advice.
  1.  

Rationale

The GAC notes the Board Resolution of 8 June 2024[1] as well as the update provided by the Board on its current thinking about resolution of contention sets in relation with the ICANN77 Washington D.C. GAC Consensus Advice:

  1. To take steps to avoid the use of auctions of last resort in contentions between commercial and non-commercial applications [...]
  2. To ban or strongly disincentivize private monetary means of resolution of contention sets, including private auctions.

Pursuant to GAC Consensus Advice regarding the use of private auctions, noting the recent Board resolution and discussions between GAC, ALAC and other parties during ICANN80, the GAC has concluded that private auctions should be prohibited for the next round of New gTLDs.

The GAC further notes that according to its resolution, the Board intends to take an action that is potentially inconsistent with the above GAC Consensus Advice concerning auctions of last resort in contentions between commercial and non-commercial applications. In this regard, and with a view to identifying alternative means to resolve such contention sets, the GAC advises that before taking a decision and engaging in a potential Bylaws-mandated process with the GAC, the Board initiates a focused community-wide discussion, including ALAC, GAC and other parts of the community, in order to identify, inter alia, possible ways forward consistent with the GAC Consensus Advice. 

 

[1]ICANN Board Resolution 2024.06.08.15