[gnso-rds-pdp-wg] Latest Revision to Possible Approach to Determining Consensus

Marika Konings marika.konings at icann.org
Tue Jul 12 15:02:10 UTC 2016


Also, for your information, the current minimum time frame for a formal public comment period as set by the ICANN Board is 40 days.

Best regards,

Marika

Marika Konings
Senior Policy Director & Team Leader for the GNSO, Internet Corporation for Assigned Names and Numbers (ICANN)
Email: marika.konings at icann.org<mailto:marika.konings at icann.org>

Follow the GNSO via Twitter @ICANN_GNSO
Find out more about the GNSO by taking our interactive courses<http://learn.icann.org/courses/gnso> and visiting the GNSO Newcomer pages<http://gnso.icann.org/sites/gnso.icann.org/files/gnso/presentations/policy-efforts.htm#newcomers>.


From: <gnso-rds-pdp-wg-bounces at icann.org> on behalf of Chuck Gomes <cgomes at verisign.com>
Date: Tuesday 12 July 2016 at 15:58
To: 'Ayden Férdeline' <icann at ferdeline.com>
Cc: "gnso-rds-pdp-wg at icann.org" <gnso-rds-pdp-wg at icann.org>
Subject: Re: [gnso-rds-pdp-wg] Latest Revision to Possible Approach to Determining Consensus

Ayden,

Broad and frequent community input is an essential part of PDPs but it is important to realize that there are multiple ways to obtain it.  One of the basic ways is for members of WGs to serve as conduits for the groups and interests they represent on an ongoing basis.  So  don’t assume that public comment periods are the only ways to do that.  Note that we have reached for input in two different ways already.

Chuck

From: Ayden Férdeline [mailto:icann at ferdeline.com]
Sent: Tuesday, July 12, 2016 8:10 AM
To: Gomes, Chuck
Cc: gnso-rds-pdp-wg at icann.org
Subject: Re: [gnso-rds-pdp-wg] Latest Revision to Possible Approach to Determining Consensus

Thank you for discussing my proposal with the leadership team, Chuck, and for passing on this feedback. I would just like to add that considering the complexity of the issues at hand, I welcome as many opportunities for public input as possible. I do not consider the inclusion of three more brief comment periods to be an undue burden on the working group. This would also give different stakeholders more time to grasp each of the distinct issues we are discussing, while giving working group members an occasional during which time we can focus our energies on other projects we are involved in.

- Ayden







On Mon, Jul 11, 2016 3:38 AM, Gomes, Chuck cgomes at verisign.com<mailto:cgomes at verisign.com> wrote:

Ayden,



We hnave discussed your input on the leadership list and the following points were made that I think are worth noting:



". . . the board/GNSO group that developed the process framework explicitly considered whether to split this PDP into multiple PDPs to separately address more specific questions, and firmly decided upon a single PDP which required (at minimum) all of the questions to be considered.

"When reaching this decision, the board/GNSO group acknowledged that one large PDP would be very complex and thus more difficult to resource and manage. It did look at spinning off for example a PDP on privacy. However, it was felt that the questions identified in the charter were so tightly inter-related that they could not be effectively progressed independently, and that reaching consensus would require striking a balance between the interests of diverse groups with very different priorities. This is why the charter's phase 1 requires all questions to be considered "simultaneously" by a single group before making an initial recommendation. This is also why the process framework enumerates a list of questions to be evaluated by the GNSO council at key decision points. The intent was to help ensure that sufficient progress is made in considering all questions and concerns, and that none be pushed to the side or left behind for later consideration."



"In addition to (the) insights on the process framework, from a practical perspective – an Initial Report comes with certain requirements of what needs to be included and a minimum 40-day public comment period so five Initial Reports would create a significant amount of work in addition to a minimum of 200 days of public comment period, and in the end, all the recommendations would need to be bundled up into one overall Initial Report anyway which would also need to go out for public comment. From the process framework as well as WG discussions, it (seems) clear that all these issues are interlinked so it would likely be very difficult (for) the community (to) able to comment on these standalone Initial Reports without having information on how the other issues are addressed. (On a side point) it may be helpful to move away from the term Initial Report as it comes with a number of minimum requirements which may not be relevant for what the WG is trying to achieve."



Considering these points, I really believe that we should continue with the direction as proposed but we will discuss this further in our WG meeting Tuesday.



Chuck



________________________________
From: Ayden Férdeline [icann at ferdeline.com]
Sent: Saturday, July 09, 2016 3:44 PM
To: Gomes, Chuck
Cc: gnso-rds-pdp-wg at icann.org<mailto:gnso-rds-pdp-wg at icann.org>
Subject: Re: [gnso-rds-pdp-wg] Latest Revision to Possible Approach to Determining Consensus
Hi, all-

Thank you for sharing this document, Chuck. Having reflected on its contents, I have two suggested revisions. Firstly, I would like to table the idea of having five initial reports, and secondly I would like to re-state my opposition to the inclusion of use cases.

Five initial reports would allow us to more thoroughly and fairly consider each of the fundamental questions set out in the working group charter. I appreciate that on the surface this suggestion may sound radical, but I believe a more incremental approach would be the most prudent means through which we could fairly and justly address each of these important, initial charter questions. As Sana noted a few weeks ago, different parts of our work plan are inevitably going to weigh differently on the various stakeholders involved in this working group, so proceeding in a slightly slower fashion will allow us all to be fed new information, ideas, and perspectives. I worry that if we move too quickly, possibly as a result of misunderstandings, we may unintentionally upset the RDS landscape and impose significant costs on some stakeholders.

My suggestion is to consider one charter question per initial report, followed by a public consultation exercise. This way, we can better communicate to the wider ICANN community our progress – and it will be much easier for others to comment when we ask them to consider a small bite-sized chunk of our work, rather than having to familiarise themselves with every piece of the puzzle. I remember in Helsinki we spoke of wanting to have the GAC involved sooner and more frequently – this might be a helpful means of doing just that.

My suggested order for the five reports would be: privacy -> purpose -> data elements -> accuracy -> gated access. I would like to suggest we consider privacy first, because until such time as we have a privacy framework to work within it will be difficult (if not impossible?) to define how limited the RDS’ purpose can or must be. And only once we know the purpose of the RDS can we determine the data elements which need to be collected.

Finally, in regards to point 3) c) iii) of version 13 of the work plan, I would just like to have it on the record that I remain opposed - like I was at our face-to-face meeting in Helsinki - to the consideration of use cases in our deliberations. I am concerned that use cases may legitimise illegitimate uses of the RDS because the burden of proof required to strike one out is surely going to be high. If we go down this route of considering use cases, however, I would like to respectfully suggest that we also consider misuse cases – they may help us identify negative scenarios that could arise as a result of the RDS.

Thank you for considering these two proposals.

Best wishes,

Ayden

P.S. This is my first ICANN working group, so I am still learning about how we initiate PDPs, develop work plans, consider issues, and ultimately reach rough consensus. I say this because it is very possible I have misunderstood something or do not appreciate the repercussions that could arise from my suggested changes to the work plan. If that is the case, I am happy to be corrected :-). However, I do think that there are capacity constraints. There are only so many issues we can work on at once. The perception I have at the moment, of the many emails I receive from this list, are that we are frequently being reminded that we are ahead of ourselves. I have been guilty of this too. Considering each charter question, one at a time, would give us focus and direction.

On 8 July 2016 at 18:04, Gomes, Chuck <cgomes at verisign.com<mailto:cgomes at verisign.com>> wrote:

Based on the results of our work in Helsinki, the Possible Approach to Determining Consensus was revised.  Changes made since the last version are redlined to make them easy to find.



If possible, please try to review the edits made before our WG call next Tuesday.  It will be a main item on our agenda.



Chuck

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Ayden Férdeline
Statement of Interest<https://community.icann.org/display/gnsosoi/Ayden+Férdeline+SOI>
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