[council] FW: Wave 1 of the EPDP Phase 1 recommendation 27 Impact

Tue Jan 14 16:10:41 UTC 2020

Hi all,

Please see the attached report from ICANN Org on EPDP Phase 1 Recommendation 27. We will discuss this in Los Angeles, so please review.

Regards,

Keith

From: Cyrus Namazi <cyrus.namazi at icann.org>
Sent: Tuesday, January 14, 2020 9:32 AM
To: Drazek, Keith <kdrazek at verisign.com>; rafik.dammak at gmail.com; Pam Little <pam.little at alibaba-inc.com>
Cc: Karen Lentz <karen.lentz at icann.org>; Marika Konings <marika.konings at icann.org>; Steve Chan <steve.chan at icann.org>; Russ Weinstein <russ.weinstein at icann.org>; Dennis Chang <dennis.chang at icann.org>
Subject: [EXTERNAL] Wave 1 of the EPDP Phase 1 recommendation 27 Impact

Dear Keith, Rafik, Pam,

I am attaching for your information the draft report for Wave 1 of the EPDP Phase 1 recommendation 27, impacted policies and procedures.  Please note that this is in draft form and we are sharing with the Implementation Review Team which may result in some changes to the report.  However, we expect it will also be useful to planning the GNSO’s upcoming work.

Some summary points are below:

*       The EPDP Phase 1 Recommendation 27 specified the need to identify and address all policies and procedures that might be affected by the EPDP Phase 1 policy recommendations and the new Registration Data Policy.
*       ICANN org has performed a detailed review of a set of existing policies and procedures and has drafted this Wave 1 report, which provides an analysis of the impacted areas identified as well as potential changes to address the impact.
*       Impacts may include outdated provision language, higher-level issues such as the relevance or inconsistency of an existing policy or procedure with the new Registration Data Policy, or implications for existing contractual provisions.
*       It is important to note that this work will be completed in two waves, based on priority. A follow-up to this report (Wave 2) will cover the relevant (non-policy) procedures (e.g., Data Escrow, Trademark Clearinghouse).
*       The Wave 1 draft report includes an analysis of the 15 policies or procedures listed below and identifies the level of impact of the policy recommendations, which can be put in rough buckets as follows:

High Impact

••••••• Registry Registration Data Directory Services Consistent Labeling and Display Policy<https://www.icann.org/resources/pages/rdds-labeling-policy-2017-02-01-en>

••••••• Thick RDDS (Whois) Transition Policy for .COM, .NET and .JOBS<https://www.icann.org/resources/pages/thick-whois-transition-policy-2017-02-01-en>

••••••• Transfer Policy<https://www.icann.org/en/resources/registrars/transfers>

••••••• Uniform Domain Name Dispute Resolution Policy<https://www.icann.org/en/help/dndr/udrp> (UDRP) (Rules)

••••••• Uniform Rapid Suspension<https://www.icann.org/resources/pages/urs-2014-01-09-en> (URS)

Medium Impact

••••••• Expired Domain Deletion Policy<https://www.icann.org/en/resources/registrars/accreditation/eddp> (EDDP)

••••••• Whois Data Reminder Policy<https://www.icann.org/en/resources/registrars/consensus-policies/wdrp> (WDRP)

Low Impact

••••••• AGP Limits Policy<https://www.icann.org/en/resources/registries/agp/agp-policy-17dec08-en.htm>

••••••• Additional Whois Information Policy<https://www.icann.org/resources/pages/policy-awip-2014-07-02-en>(AGP)

••••••• Expired Registration Recovery Policy<https://www.icann.org/en/resources/registrars/consensus-policies/errp>(ERRP)

••••••• Protection of IGO and INGO Identifier in All gTLDs Policy<https://www.icann.org/resources/pages/igo-ingo-protection-policy-2018-01-16-en>

••••••• Registry Services Evaluation Policy<https://www.icann.org/en/resources/registries/rsep/policy> (RSEP)

••••••• Restored Names Accuracy Policy<https://www.icann.org/en/resources/registrars/consensus-policies/rnap> (RNAP)

••••••• Revised ICANN Procedure for Handling WHOIS Conflicts with Privacy Law<https://www.icann.org/resources/pages/whois-privacy-conflicts-procedure-2008-01-17-en>

••••••• Whois Marketing Restriction Policy<https://www.icann.org/resources/pages/registrars/consensus-policies/wmrp-en>

Next steps:

••••••• The impacts for the items described in the Wave 1 report appear to be within the remit of the GNSO, as they are either consensus policies or, in the case of URS, currently being considered in a GNSO policy development process.

••••••• The draft report is being shared with the EPDP Phase 1 Implementation Review Team (IRT) currently working with ICANN org on implementation of the policy recommendations, for completeness and validation that the GNSO is the appropriate path for the items included in the report.

••••••• Following this review step, the report, with any updates from the IRT review, will be submitted to the GNSO Council who will then determine next steps (e.g., Expedited Policy Development Process, GNSO Guidance Process, etc.).

We appreciate this recommendation on the part of the EPDP Team as it has been very instructive to undertake this exercise.  From a process perspective, this effort also suggests that the ICANN procedures for developing, approving, and implementing a new policy may lack a mechanism for transparently identifying and resolving any conflicts or impacts on existing policies and procedures where they apply.

We believe this an important discussion for the community to undertake.  We will look forward to the engagement of GNSO stakeholders in this dialogue.

Please let us know of any other assistance we can provide.

Cheers,

Cyrus Namazi

Sr. Vice President | Global Domains Division

801 17th St NW, Suite 400 | Washington, DC 20006 USA

+1.202.249.7543 Office | +1.408.421.6894 Mobile | cyrus.namazi at icann.org<mailto:cyrus.namazi at icann.org>

www.icann.org<http://www.icann.org>

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