[ICANN-CSC] [Ext] Revisions to RAPs Flowing from CSC Charter Review

Mon Nov 12 20:26:45 UTC 2018

Dear all,
As you will recall the amended charter, which is now effective, suggests that the Remedial Action Procedures (RAP) need to be updated. Earlier 3 changes were proposed (see email below: Allan MacGillivray 4 October 2018):
1. Inclusion of a change mechanism
2. Ensure in RAP that if new IFO should be appointed, the new operator would be required to agree to the existing RAP
3. Ensure in RAP that if CSC detemines a performance issue exists, it will inform the  ccNSO and GNSO and will be keep the informed. 

These changes and the wording was included in the proposed version that was circualed by Allan on 4 October 2018.

Following the Barcelona meeting and ICANN/PTI internal discussion the proposal is to limit the updates to the Remedial Action Procedures to inclusion of a change mechanism, which would allow:
-  Changes to RAP at any time when deemed necessary by PTI (& ICANN Org) and CSC, and
-  Publication date of amended RAP (after adoption) is date the changes become effective
The attached documents include the suggested language in the introductionary paragraph of the RAP. Please note that for editorial purposes the original final sentence of the introductionary paragraph has been moved up.

With respect to the other two changes (Ensure the RAPs remain in place if a new IFO should be appointed and The CSC duty to inform the ccNSO and GNSO, in case CSC determines a a performance issue exists) it is advised NOT to include them in the RAP. 

As to ensuring the RAP remain in place post selection new IFO: The RAP is a procudure between CSC and PTI (& ICANN) on how to deal with cetain performance issues. Introducing an obligation to ensure adoption by a new IANA Function Operator is well beyond the limited scope of the Remedial Action Procedures and limited role of the CSC, and should therefore not be included. It is suggested that If it ever comes to a situation that a new IFO needs to be appointed, the requirement that the RAP should remain in place should be dealt with through the new contract between parties, and the appropriate consultation mechanisms. 

As to the CSC duty to inform ccNSO and GNSO of an performance issue: The current charter of the CSC stipulates that "in the event that the CSC invokes the RAP, it will be required to inform the RySG, ccNSO and GNSO Councils and provide regular status updates". Including a similar obligation in the RAP, which are procedures between CSC and PTI (& ICANN Org) may create confusion, in particular if langauge is not identical.

Next steps
If text can be agreed by CSC, the CSC and PTI need to formally agree to amended text. For avoidance of doubt, PTI will consult ICANN first to seek there approval, as they are part of the escalation process.

Kind regards,
Bart Boswinkel

On 12/10/18 18:22, "Bart Boswinkel" <bart.boswinkel at icann.org> wrote:

    Dear all,
    Following Allan's email we circulated the Revisions. From ICANN Org/ PTI side we are further discussing the impact of the amended charter on the RAP and the related proposed changes. We will inform you as soon as possible.
    Kind regards,
    Bart

    On 04/10/18 18:14, "Allan MacGillivray" <allan.macgillivray at cira.ca> wrote:

        Colleagues - as mentioned at the last CSC meeting, the CSC Charter Review requires some changes to the Remedial Action Procedures (RAPs).  I am attaching a short document providing a reference to the requirement for change as well as some proposed wording changes to the RAPs themselves.  I am hoping that we can get this done in Barcelona.  Please let me know if you have any changes or comments.

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