[Gnso-rpm-providers] Review Responses to Proposed Questions to Providers

Sun Apr 15 03:54:49 UTC 2018

Dear Sub-team colleagues,

1) As promised, I have redrafted Q7 (which was Q6 before) under Examiner
Determination on page 21 of the Google Doc

https://docs.google.com/document/d/1IdBPxXskvX6a1MbZcLFA8bBv
g5fji8iuSIt4EnTlrd0/edit?usp=sharing. For easy reference, I am re-posting a
clean version of the same in blue italicized text below:

*Q7. (To FORUM and MFSD) Do you intervene in an administrative capacity to
ensure your Examiners provide the most comprehensive written determinations
they possibly can? How do you strive to standardize the completeness or
quality of your Examiners’ written determinations beyond the use of your
online Determination template or form? *

2) Further, I think the what was the *first* bullet point in the paragraph
immediately preceding now Q7 should be made Q6, because I don't recall
seeing an answer from ADNDRC in the Providers' presentation or Q&A part of
the relevant ICANN61 session. Unless their reply has been included in any
subsequent followup written reply, in which case I would appreciate if
Ariel could point out the same.  Again for easy reference, I am re-posting
a clean version of the same in blue italicized text below:

*Q6. (To ADNDRC) To guide their Examiners in writing a determination,
FORUM provides an online template while MFSD provides on online
Determination form. Does ADNDRC have a similar practice? If not, do you
provide any alternative form of guidance for the drafting of URS decisions?
*

3) In this same version of the Google Doc

<https://docs.google.com/document/d/1IdBPxXskvX6a1MbZcLFA8bBvg5fji8iuSIt4EnTlrd0/edit?usp=sharing>we
can see a record of more replies that have been provided to some of the
questions (i.e. those marked in green highlight by Ariel). So, I wanted to
ask if the Sub-team will still move to include all the questions we have
identified in the Google Doc or will we now consider trimming the questions
list hereon?

If we do take the approach of trimming the questions list (which I think
is appropriate) then how do we establish an effective way to highlight to
the full WG that many of the questions that were identified by the Sub-team
and by the WG members at the relevant ICANN61 session have been
addressed/replied to, such that WG members won't raise repeated or
redundant questions simply because they may not have followed the work of
the Sub-team closely. Would the

table
<https://docs.google.com/spreadsheets/d/1I-qe_I4OkQT7IU_rjHMQVa9Ebj8Ik6vay1vr5Yt9ZIg/edit?usp=sharing>
 sufficiently represent an effective way?

Thanks,

Justine
-----

On 12 April 2018 at 10:20, Ariel Liang <ariel.liang at icann.org> wrote:

> Dear All,
>
>
>
> Per action item, staff has included 1) responses from Providers received
> at ICANN61 & follow-up email, 2) Providers’ Supplemental Rules, and 3)
> staff research result, in the Google Doc:
> <https://docs.google.com/document/d/1IdBPxXskvX6a1MbZcLFA8bBvg5fji8iuSIt4EnTlrd0/edit?usp=sharing>
> 
> <https://docs.google.com/document/d/1IdBPxXskvX6a1MbZcLFA8bBvg5fji8iuSIt4EnTlrd0/edit?usp=sharing>
> https://docs.google.com/document/d/1IdBPxXskvX6a1MbZcLFA8bBv
> g5fji8iuSIt4EnTlrd0/edit?usp=sharing. This information may answer or
> partially answer some of the proposed questions (with highlights in green
> on the questions’ numbers):
>
>
>
>    - Communications: Q2, Q4
>    - The Complaint: Q1, Q6, Q7, Q12
>    - Administrative Review: Q1, Q2
>    - Notice of Complaint and Locking of Domain: Q4
>    - The Response: Q1, Q8, Q15A, Q19
>    - Examiner: Q1, Q2, Q4, Q5, Q6, Q7, Q10, Q11, Q13, Q16
>    - Language: Q1, Q3, Q5
>    - Examiner Determination: Q5 (first bullet point)
>    - Determinations and Publication: Q1, Q2, Q3
>    - Abusive Complaints: Q1, Q2, Q3, Q5, Q6
>    - Appeal: Q1, Q4
>    - Others: Q8, Q9, Q10
>
>
>
> As discussed during the Sub Team call, please be so kind to review these
> responses and suggest whether any of these questions should be struck
> (responses are satisfactory), or revised in order gain further
> clarification from the Providers. The Google Doc will remain open till *Monday,
> 16 April at 23:59 UTC*.
>
>
>
> If the Sub Team decide to strike any of these questions, the questions
> themselves and their respective responses will still be kept in this
> <https://docs.google.com/spreadsheets/d/1I-qe_I4OkQT7IU_rjHMQVa9Ebj8Ik6vay1vr5Yt9ZIg/edit?usp=sharing>
> 
> <https://docs.google.com/spreadsheets/d/1I-qe_I4OkQT7IU_rjHMQVa9Ebj8Ik6vay1vr5Yt9ZIg/edit?usp=sharing>
> table
> <https://docs.google.com/spreadsheets/d/1I-qe_I4OkQT7IU_rjHMQVa9Ebj8Ik6vay1vr5Yt9ZIg/edit?usp=sharing>
> for record keeping.
>
>
>
> Thank you for your time and review!
>
>
>
> Best Regards,
>
> Ariel
>
>
>
> *Ariel Xinyue Liang*
>
> Policy Analyst | Washington, DC
>
> Internet Corporation for Assigned Names and Numbers (ICANN)
>
>
>
>
>
>
>
>
>
> _______________________________________________
> Gnso-rpm-providers mailing list
> Gnso-rpm-providers at icann.org
> https://mm.icann.org/mailman/listinfo/gnso-rpm-providers
>

---------- Forwarded message ----------
From: Ariel Liang <ariel.liang at icann.org>
Date: 12 April 2018 at 03:47
Subject: [Gnso-rpm-providers] Action Items & Notes - Provider Sub Team
Meeting Wed 11 April
To: "gnso-rpm-providers at icann.org" <gnso-rpm-providers at icann.org>

Dear All,

Kindly find below the action items and notes captured in today’s call. They
have been published on the meeting wiki page, along with call recordings
and attendance record: https://community.icann.org/x/gYH3B.

Best Regards,

Ariel

*Ariel Xinyue Liang*

Policy Analyst | Washington, DC

Internet Corporation for Assigned Names and Numbers (ICANN)

*Action Items:*

   1. Sub Team members to suggest additional edits, as well as additional
   questions related to the ADNDRC and MSFD Supplemental Rules, directly on the
    Google Document
   <https://docs.google.com/document/d/1IdBPxXskvX6a1MbZcLFA8bBvg5fji8iuSIt4EnTlrd0/edit?usp=sharing>
    by *Monday, 16 April at 23:59 UTC* and inform others to review via the
   mailing list when edits are added. Staff to convert a clean version of the
   Google Doc, incorporating all edits/comments as is, and forward to the full
   WG on Tuesday, 17 April.
   2. Staff to incorporate suggestions/edits discussed in the meeting on
   the Google Doc [DONE]
   3. Staff to insert the already received responses to Provider questions
   in the Google Doc; Sub Team to evaluate whether these questions should be
   struck, or need to be asked differently to gain further clarification.
   4. Phil, Lori, and Susan to refine the questions related to GDPR impact
   and consider whether a new section needs to be added:
      - The Complaint (Q3): Have you encountered any issues receiving WHOIS
      info needed for URS proceedings when dealing with Complaints against
      Registrants due to privacy laws/regulations? If so, what are the
      countries/nations of these Registrants?
      - The Complaint (Q13): How will the URS rules pertaining to cases
      involving domains utilizing privacy or proxy services be affected if full
      access to WHOIS data is no longer publicly available due to GDPR
      implementation? What WHOIS data elements do you require to perform your
      role as a URS dispute resolution provider?
      - Others (Q1): Do you envision any difficulty complying with the
      provisions related to WHOIS contained in the URS Rules, Procedure,
      Technical Requirements, and your own Supplemental Rules, upon the 25 May
      2018 effective date of GDPR enforcement?
   5. Justine to redraft the following question:
      - Examiner Determination (Q6): (To FORUM and MFSD) How do FORUM and
      MFSD compel their Examiners to comply with their such templates
in writing
      their determinations or guidelines? Noting previous remarks that the
      quality of determinations vary from Examiner to Examiner.
   6. Sub Team to table Michael K’s suggestion to Examiner (Q1) for further
   discussion with the full WG: “I would appreciate if we could dig a little
   deeper into Q1 under examiners, specifically to look into what (if any)
   proportion of the Examiners have experience representing the registrant
   side, or if they tend to mostly have a background representing trademark
   holders.”

*Notes:*

   - Communications (Q4): Staff to reword the question in a positive manner
   - Communications (Q6): Staff to add reference to URS Rules 2(f)
   - The Complaint (Q3): Don’t limit the question within the scope of EU
   nations, as there are privacy laws in other countries. The question should
   be territory neutral. Perhaps add a question asking “If so, what are the
   countries/nations of these Registrants?”
   - The Complaint (Q8): Add “How do you find this information?”
   - The Complaint (Q12): Drop the explanatory notes within the brackets;
   add the third part of the question: “Are you able to determine whether the
   mistake was due to Complainant error, or a WHOIS inaccuracy? If so, please
   share with us your analysis.”
   - The Complaint (Q13): GDPR is going to impact domains not registered
   via P/P services as well. An additional, overarching question may need to
   be asked: “How would you perceive the URS related rules and procedures
   change after GDPR goes into effect?” *ACTION*: Phil, Lori, and Susan to
   reconsider wording this question, as well as Q3 under The Complaint and Q1
   under Others; staff to remove these three questions from the Google Doc.
   - Fees (Q1): Drop the question “What are your filing fees for
   Complainants and Respondents (where applicable)?” as it has been answered
   in Providers’ Supplemental Rules.
   - Administrative Review (Q1): Direct the question only to FORUM as the
   other two Providers have answered it
   - Administrative Review (Q2): Drop the question as it has been answered
   by all three Providers
   - Examiners (Q1): Michael K’s suggestion seems unanswerable by the
   Providers. Table the discussion till when the full WG reviews the suggested
   questions.
   - Examiner Determination (Q6): *ACTION: *Justine to reword and clarify
   the question.

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