[Gnso-newgtld-wg] Proposed Agenda - New gTLD Subsequent Procedures PDP WG meeting - Tuesday, 30 April 2019 at 03:00 UTC
Kathy Kleiman
kathy at kathykleiman.com
Tue Apr 30 02:05:00 UTC 2019
Hi All,
The meeting coming up in an hour will be discussing the Predictability
Framework. In preparation, I would like to share the full text of the
NCSG comment on this matter, since I expect we will be discussing it at
some length. Having the full text (not long, approx 500 words) will
hopefully provide valuable background as to the nature and basis of our
concerns.
Best, Kathy
---------------------
_NCSG Comment__
_
*"2.2.2 The Predictability Framework Proposal is Not Fair, Balanced, or
Consistent with our Policy Development Process*
The Predictability Frame is concerning to the NCSG because it gives
inordinate and
unprecedented power to the Implementation Review Team (IRT) of the
Subsequent
Procedures Policy Development Process Working Group. The proposal
creates a Super-IRT
not just to roll-out the details of the implementation — but to judge
and rule on all issues that
arise. To quote the Initial Report, /“as part of the Predictability
Framework, a Standing/
/Implementation Review Team (IRS) should be constituted after the
publication of the/
/Applicant Guidebook to consider changes in the implementation,
execution and/or operations/
/of the new gTLD program after its launch, and the introduction of any
further evaluation/
/guidelines not available to applicants when applications were submitted.”/
*
*
*"Disproportionate representation in IRTs*
We note that IRTs are mostly small groups, disproportionately
represented by registries and
registrars — those knowledgeable and concerned about the technicalities
of the technical
policy we have created at ICANN. Rarely does the NCSG, for example, have
the ability or
bandwidth to serve on an IRT — and such service should not be needed if
the IRT remains to
be the technical implementation arm of a community-driven,
community-consensus policy
development process.
*"IRT cannot be used as a tool for bypassing GNSO PDPs*
As highlighted above, such groups are often composed by members of the
technical
community - or people who are expert in the technical implementation
details of the field -
and lack a more proportional representation of the ICANN Community.
Their job is to
execute what the Community as a whole (or a Supporting Organization such
as the GNSO)
have adopted in time-consuming Policy Development Processes that often
take years, and to
assess any technical barriers offered to the implementation of such
policies. Unfortunately,
IRTs have already massively overreached in other areas, and engaged in
policy changes and
policy interpretation. For instance, the original Rights Protection
Mechanisms IRT for the
first Applicant Guidebook has been severely criticized in the current
Review of All Rights
Protections Mechanisms PDP Working Group for its overreach in this area.
Once a policy hits a post-launch problem, it is not a matter for any
Implementation Review
Team (IRT) to resolve, even this Super-IRT, because that would be highly
unfair.
Implementation Review Teams “implement” — they absolutely don’t create
new policies or
even interpretations with overwhelmingly policy-oriented
interpretations. That’s simply not
their mandate, goal, or expertise
"This attempt to create this “third element,” this Predictability
Framework, is and will become
a policy bypass and overreach mechanism. It is created as such to handle
newly-arising issues
in the New gTLD Program — and ones, as noted above, likely to involve
far-reaching or
international policy issues. it is not for the industry to resolve (or
likely remove) the issue by
seeking to set it aside, or interpreting it away, under the guise of
“operations and execution.”
"For all the reasons above, the *NCSG strongly rejects the proposal of a
Framework and the massive expansion of the scope and breadth of the
Subsequent Procedures Implementation Review Team *. IRTs should retain
their limited mandate and not be given super powers to change policies
through process innovation, and especially not in the midst of new
rounds of gTLDs."
-----------------------------------------------------------------------------------------------
On 4/26/2019 8:27 PM, Steve Chan wrote:
>
> Dear WG members,
>
> Please find below the proposed agenda for the upcoming call
> on Tuesday, 30April 2019 at 03:00 UTC for 90 minutes:
>
> Draft Agenda:
>
> 1. Welcome/Review of the Agenda/Updates to Statements of Interest (SOIs)
> 2. Review of Summary Documents – (see:
> https://docs.google.com/document/d/1R4zXTH3hIgfbqoxyqsSp19Bl6J96NNeV7oCgxsXKD-w/edit?usp=sharing)
> 1. 2.2.1 Continuing Subsequent Procedures
> 2. 2.2.2 Predictability / 2.2.2.2 Clarity of Application Process
> 3. AOB
>
> Note, in relation to agenda item 2, WG leadership and staff have tried
> to prepare summary documents for each topic that seeks to help you
> review some of the background material, consider a high-level summary
> of what we believe the WG is seeking to accomplish for the topic, a
> high-level summary of public comment received, and finally, a sort of
> catch all at the end of each section (e.g., follow-up, parking lot,
> next steps).
>
> If you need a dial out or would like to send an apology for this call,
> please emailgnso-secs at icann.org <mailto:gnso-secs at icann.org>.
>
> Best,
>
> Steve
>
> *Steven Chan**
***
>
> Policy Director, GNSO Support
>
> **
>
> *ICANN*
>
> 12025 Waterfront Drive, Suite 300
>
> Los Angeles, CA 90094-2536
>
> Mobile: +1.310.339.4410
>
> Office Telephone: +1.310.301.5800
>
> Office Fax: +1.310.823.8649
>
> Find out more about the GNSO by taking our interactive courses
> <https://learn.icann.org/> and visiting the GNSO Newcomer pages
> <http://gnso.icann.org/sites/gnso.icann.org/files/gnso/presentations/policy-efforts.htm#newcomers>.
>
> Follow @GNSO on Twitter: https://twitter.com/ICANN_GNSO
>
> Follow the GNSO on Facebook: https://www.facebook.com/icanngnso/
>
> http://gnso.icann.org/en/
>
>
> _______________________________________________
> Gnso-newgtld-wg mailing list
> Gnso-newgtld-wg at icann.org
> https://mm.icann.org/mailman/listinfo/gnso-newgtld-wg
---
This email has been checked for viruses by Avast antivirus software.
https://www.avast.com/antivirus
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/gnso-newgtld-wg/attachments/20190429/148ecd11/attachment-0001.html>
More information about the Gnso-newgtld-wg
mailing list