[council] FW: Wave 1 of the EPDP Phase 1 recommendation 27 Impact

Wed Feb 19 17:09:39 UTC 2020

Hi all,

Please see the updated Rec 27 Wave 1 report from ICANN Org. This is an important input for our prioritization discussions.

Thanks,

Keith

From: Karen Lentz <karen.lentz at icann.org>
Sent: Wednesday, February 19, 2020 11:36 AM
To: Drazek, Keith <kdrazek at verisign.com>; rafik.dammak at gmail.com; Pam Little <pam.little at alibaba-inc.com>
Cc: Marika Konings <marika.konings at icann.org>; Steve Chan <steve.chan at icann.org>; Russ Weinstein <russ.weinstein at icann.org>; Dennis Chang <dennis.chang at icann.org>; Cyrus Namazi <cyrus.namazi at icann.org>; Caitlin Tubergen <caitlin.tubergen at icann.org>
Subject: [EXTERNAL] Re: Wave 1 of the EPDP Phase 1 recommendation 27 Impact

Dear Keith, Pam, Rafik,

Further to Cyrus’s note below, I am attaching an updated version of the EPDP Recommendation 27 Wave 1 Report.  As described below, we shared the draft version of this report on 13 January with the Phase 1 Implementation Review Team (IRT) for any feedback in advance of forwarding the report to the GNSO Council, as well as with GNSO Council leadership for your information.

The text has been updated to reflect that the report has been reviewed by the IRT, and to note in section 3.11.2 the 26 January Board resolution<https://www.icann.org/resources/board-material/resolutions-2020-01-26-en#1.b> approving the GNSO Council’s request to defer compliance enforcement of the Gaining Registrar Form of Authorization (FOA) requirement pending the GNSO's planned Transfer Policy review.  IRT members have not suggested any additional changes and accordingly I am sharing the attached.

As a reminder, the identified impact areas in this report are being delivered to the GNSO Council as they concern existing consensus policies or procedures being currently addressed in GNSO policy work.

The Recommendation 27 Wave 2 Report, targeted for completion in June, covers the identified impacts on other items including (non-policy) procedures (e.g., Trademark Clearinghouse, data escrow processes) and is current work in progress.  The Wave 2 report will also include analysis on the Privacy and Proxy Services Accreditation Issues (PPSAI) and Translation and Transliteration of Contact Information policy recommendations, for which implementation has been started but not completed.  These will likely be relevant to the GNSO Council’s work as well.

Please let us know of any additional questions.

Best regards,

Karen

--

Karen Lentz

Senior Director, Policy Research & Data Services

Internet Corporation for Assigned Names and Numbers (ICANN)

Mobile:  +1 310 895 3637

www.icann.org<http://www.icann.org>

From: Cyrus Namazi <cyrus.namazi at icann.org<mailto:cyrus.namazi at icann.org>>
Date: Tuesday, January 14, 2020 at 6:32 AM
To: Keith' 'Drazek <kdrazek at verisign.com<mailto:kdrazek at verisign.com>>, Rafik Dammak <rafik.dammak at gmail.com<mailto:rafik.dammak at gmail.com>>, Pam Little <pam.little at alibaba-inc.com<mailto:pam.little at alibaba-inc.com>>
Cc: Karen Lentz <karen.lentz at icann.org<mailto:karen.lentz at icann.org>>, Marika Konings <marika.konings at icann.org<mailto:marika.konings at icann.org>>, Steve Chan <steve.chan at icann.org<mailto:steve.chan at icann.org>>, Russ Weinstein <russ.weinstein at icann.org<mailto:russ.weinstein at icann.org>>, Dennis Chang <dennis.chang at icann.org<mailto:dennis.chang at icann.org>>
Subject: Wave 1 of the EPDP Phase 1 recommendation 27 Impact

Dear Keith, Rafik, Pam,

I am attaching for your information the draft report for Wave 1 of the EPDP Phase 1 recommendation 27, impacted policies and procedures.  Please note that this is in draft form and we are sharing with the Implementation Review Team which may result in some changes to the report.  However, we expect it will also be useful to planning the GNSO’s upcoming work.

Some summary points are below:

*       The EPDP Phase 1 Recommendation 27 specified the need to identify and address all policies and procedures that might be affected by the EPDP Phase 1 policy recommendations and the new Registration Data Policy.
*       ICANN org has performed a detailed review of a set of existing policies and procedures and has drafted this Wave 1 report, which provides an analysis of the impacted areas identified as well as potential changes to address the impact.
*       Impacts may include outdated provision language, higher-level issues such as the relevance or inconsistency of an existing policy or procedure with the new Registration Data Policy, or implications for existing contractual provisions.
*       It is important to note that this work will be completed in two waves, based on priority. A follow-up to this report (Wave 2) will cover the relevant (non-policy) procedures (e.g., Data Escrow, Trademark Clearinghouse).
*       The Wave 1 draft report includes an analysis of the 15 policies or procedures listed below and identifies the level of impact of the policy recommendations, which can be put in rough buckets as follows:

High Impact

••••••• Registry Registration Data Directory Services Consistent Labeling and Display Policy<https://www.icann.org/resources/pages/rdds-labeling-policy-2017-02-01-en>

••••••• Thick RDDS (Whois) Transition Policy for .COM, .NET and .JOBS<https://www.icann.org/resources/pages/thick-whois-transition-policy-2017-02-01-en>

••••••• Transfer Policy<https://www.icann.org/en/resources/registrars/transfers>

••••••• Uniform Domain Name Dispute Resolution Policy<https://www.icann.org/en/help/dndr/udrp> (UDRP) (Rules)

••••••• Uniform Rapid Suspension<https://www.icann.org/resources/pages/urs-2014-01-09-en> (URS)

Medium Impact

••••••• Expired Domain Deletion Policy<https://www.icann.org/en/resources/registrars/accreditation/eddp> (EDDP)

••••••• Whois Data Reminder Policy<https://www.icann.org/en/resources/registrars/consensus-policies/wdrp> (WDRP)

Low Impact

••••••• AGP Limits Policy<https://www.icann.org/en/resources/registries/agp/agp-policy-17dec08-en.htm>

••••••• Additional Whois Information Policy<https://www.icann.org/resources/pages/policy-awip-2014-07-02-en>(AGP)

••••••• Expired Registration Recovery Policy<https://www.icann.org/en/resources/registrars/consensus-policies/errp>(ERRP)

••••••• Protection of IGO and INGO Identifier in All gTLDs Policy<https://www.icann.org/resources/pages/igo-ingo-protection-policy-2018-01-16-en>

••••••• Registry Services Evaluation Policy<https://www.icann.org/en/resources/registries/rsep/policy> (RSEP)

••••••• Restored Names Accuracy Policy<https://www.icann.org/en/resources/registrars/consensus-policies/rnap> (RNAP)

••••••• Revised ICANN Procedure for Handling WHOIS Conflicts with Privacy Law<https://www.icann.org/resources/pages/whois-privacy-conflicts-procedure-2008-01-17-en>

••••••• Whois Marketing Restriction Policy<https://www.icann.org/resources/pages/registrars/consensus-policies/wmrp-en>

Next steps:

••••••• The impacts for the items described in the Wave 1 report appear to be within the remit of the GNSO, as they are either consensus policies or, in the case of URS, currently being considered in a GNSO policy development process.

••••••• The draft report is being shared with the EPDP Phase 1 Implementation Review Team (IRT) currently working with ICANN org on implementation of the policy recommendations, for completeness and validation that the GNSO is the appropriate path for the items included in the report.

••••••• Following this review step, the report, with any updates from the IRT review, will be submitted to the GNSO Council who will then determine next steps (e.g., Expedited Policy Development Process, GNSO Guidance Process, etc.).

We appreciate this recommendation on the part of the EPDP Team as it has been very instructive to undertake this exercise.  From a process perspective, this effort also suggests that the ICANN procedures for developing, approving, and implementing a new policy may lack a mechanism for transparently identifying and resolving any conflicts or impacts on existing policies and procedures where they apply.

We believe this an important discussion for the community to undertake.  We will look forward to the engagement of GNSO stakeholders in this dialogue.

Please let us know of any other assistance we can provide.

Cheers,

Cyrus Namazi

Sr. Vice President | Global Domains Division

801 17th St NW, Suite 400 | Washington, DC 20006 USA

+1.202.249.7543 Office | +1.408.421.6894 Mobile | cyrus.namazi at icann.org<mailto:cyrus.namazi at icann.org>

www.icann.org<http://www.icann.org>

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