[CPWG] Input Requested - Draft Community Consultation Form - Community Consultation: Public Interest Commitments/Registry Voluntary Commitments

[Justine Chew]

Dear all,

During the CPWG call of 14 Feb where I presented on the ALAC/At-Large's
draft positions for this Board consultation on PICs and RVCs, there were
discussions which led to a need to refine or revise some parts of the draft
positions, namely:

*Topic 1, Question #6* pertaining to the need to have more details on how
third party monitors (where they are required) will be assessed, chosen and
approved by ICANN as to their credibility and reliability.  I have now
included a statement to the effect of, "considering that the proposal of a
third party monitor, the scope and manner of monitoring by such a third
party monitor would originate from the applicant; and remuneration of that
third party monitor will be borne by the applicant (or registry operator)
concerned".

*Topic 2, Question #5* where I gathered roughly equal support for Option 2
(no clarification to ICANN Bylaws needed) and Option 3 (must move forward
with Fundamental Bylaws change to clarify ICANN's contracting and
enforcement remit regarding content-related commitments.

To satisfy the need for the selection of an option (which the googleform
dictates as a necessity), I have proposed we select Option 3 and to include
a proviso in answer to the associated Question #6 seeking our rationale for
the answer to Question #5. (see next)

*Topic 2, Question #6* where I have now stated that the selection of Option
3 over Option 2 is not without difficulty and that both options enjoyed
roughly equal and not insignificant support.  The proviso for Option 3
alludes to the necessity for ICANN to seek and obtain fresh legal advice on
ICANN's contracting and enforcement remit regarding content-related
commitments in view of ICANN’s Bylaws. And that if the obtained legal
advice counsels for a limited Fundamental Bylaw change to make patently
clear how such a change would protect ICANN from challenges in enforcing
content-related commitment where non-compliance of such commitment is
established by a third party adjudicator that is not controlled by ICANN,
then that is what the ICANN Board should present to the Community for
further consideration.

I strongly suggest that we proceed as summarily proposed above, so as to
meet the 23 February submission deadline.

The draft text for the full response can be viewed via the *Draft Community
Consultation
Form: https://docs.google.com/document/d/11SCDjxo9rWh5Lj7sPg_pqpqm8Sm-T6XZZsln9aZYUTE/edit?usp=sharing
<https://docs.google.com/document/d/11SCDjxo9rWh5Lj7sPg_pqpqm8Sm-T6XZZsln9aZYUTE/edit?usp=sharing>*
which
is open for comments until *21 February 2024, 23:59 UTC.*

Kind regards,
Justine



On Tue, 13 Feb 2024 at 09:00, Andrew Chen via CPWG <cpwg at icann.org> wrote:

> Hi all,
>
>
>
> In preparation for the submission of the ICANN Board Community
> Consultation Form on Public Interest Commitments and Registry Voluntary
> Commitments (PICs/RVCs), please see linked below the Draft ALAC Community
> Consultation Form response for the community consultation on PICs/RVCs.
> This will be discussed during the upcoming CPWG meeting on 14 February at
> 14:00 UTC. If possible, please review and provide your input for
> finalization by 16 February 2024. The ALAC may vote to endorse this
> statement between 19 and 22 February 2024.
>
>
>
> Draft Community Consultation Form:
> https://docs.google.com/document/d/11SCDjxo9rWh5Lj7sPg_pqpqm8Sm-T6XZZsln9aZYUTE/edit?usp=sharing
>
>
>
> Sincerely,
>
> Andrew
>
>
>
> --
>
> Andrew Chen
>
> Policy Development Support Sr. Specialist, Policy Development Support
>
> Internet Corporation for Assigned Names and Numbers (ICANN)
>
> https://www.icann.org/
>
> Skype: atchen122
>
>
>
>
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