[Gnso-rpm-documents] Updated documents, action items and notes from Documents Sub Team call earlier today

[Mary Wong]

Dear Sub Team members,

Please find attached an updated discussion document, following from the discussion on the Sub Team call held earlier today. Staff has retained the yellow highlights that indicate updates from last week’s call, with updates from today highlighted in turquoise. Staff is currently working with Brian to develop a short slide deck for his presentation to the full Working Group tomorrow, outlining the work done and the resulting preliminary recommendations that the Sub Team is proposing be discussed by the full Working Group.

Below are the action items and notes taken by staff on the call today. As usual, they are intended only as high-level notes and do not replace the full recording and transcript, which can be found (along with all the latest versions of the documents referenced by the Sub Team up to today) on the Sub Team wiki space at https://community.icann.org/x/NgdpBQ.

We note, with apologies, that we did not send out the action items and notes from the call last week. We will post these to the wiki space for the meeting held last week as soon as we can.

Thank you.gnso

Mary, Berry, Julie & Ariel

ACTION ITEMS:

  *   Staff to update discussion document to reflect latest Sub Team deliberations and recommendations (DONE – see attached)
  *   Brian to work with staff to prepare update/report for full Working Group call tomorrow (Wednesday), with focus on the Sub Team’s findings and recommendations (IN PROCESS)
  *   Staff to review the cases coded by Rebecca as indicating possible language issues, and report to the Sub Team about any policy issue identified as a result (IN PROCESS)

RECOMMENDATIONS:

  *   Section J: Language - Develop guidance for Examiners to assist with their decision as to what language to use in going forward with a URS proceeding and Determination
  *   Section L: Education & Training - Develop a multilingual basic FAQ (for both complainants and respondents) that can grow over time

NOTES & DISCUSSION:

1. Section J (Language)
- Two types of issues: notice to Respondent, and notice to registries/registrars
- A few cases have noted that respondents may have an issue with the language (of the Examiner? Proceedings/Determination?) - refer to Rebecca's spreadsheet for the cases
- Petter (as panelist) has seen cases where the response was provided in English, but not necessarily fully conversant.
- RECOMMENDATION: provide some guidelines for Examiners to look at, in deciding which language to use for the Determination when the respondent's main language does not appear to be English
- On FORUM report of language: Renee confirms that it is a regular report to ICANN that just lists the languages used during the reporting period.
- Staff to look at the cases noted by Rebecca's research to see if any substantive issues can be identified.

2. Section K: Abuse of Process
- FORUM looked at 20 cases where respondent alleged abuse of process by Complainant, but none found (overall, no cases of abuse have been found, based on the current URS provisions)
- Respondents may make the allegation but while it may be noted by the Examiner, the Examiner may not specifically note that no abuse was found
- See what (if any) recommendations or issues are highlighted by the other two Sub Teams
- No specific recommendation from Documents Sub Team based on available data

3. Section I: Education & Training
- The Providers' feedback has substantial information about this topic; some follow up being conducted by the Providers Sub Team
- Look to Providers Sub Team for specific issues/recommendations - could include development of a multilingual basic FAQ (for both complainants and respondents) that can grow over time
- Practitioners Sub Team may also have insights.

4. Section M: URS Providers
- Again, guidance here should mostly come from Providers Sub Team and perhaps the Practitioners Sub Team

5. Section N: Alternative Processes
- Added due to WG member suggestions; no specific data noted or reviewed by Documents Sub Team





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