[CWG-Stewardship] [ccTLDcommunity] IAP DT Template - FORMAL OBJECTION

Mon Mar 2 18:31:50 UTC 2015

Chris – thanks for your comment on this proposed Design Team.  Firstly, as the proposed leader of this DT, let me assure you that naming policy is not within the scope of our work and that I have no intention of letting our work veer into the area of policy for ccTLD delegations and redelegations.  This is considered to be within the scope of the CWG.  According to the charter, Accountability for the administration of the IANA functions (i.e., implementation and operational accountability), is properly within the scope of this working group.

The idea of a ccTLD specific appeal mechanism is not a new one.  The possible need for an appeal mechanism was included in the CWG’s December proposal wherein it said “All decisions and actions (including deliberate inaction) of the IANA Functions Operator that affect the Root Zone or Root Zone WHOIS database”.  That paper included as an example “Disputes over the consistency of ccTLD delegation or redelegation decisions with accepted policy”. Further, the CWG RFP 3 group concluded that it should be up to the ccTLD representatives on the CWG to come up with a proposal, if this is needed.   So, the question is not whether we should be discussing this issue, but rather whether there is enough consensus in the ccTLD community to proceed, or, if not, to discard the ideas.  

The CCWG has taken up the general issue of ‘appeals and redress’ but has decided to exclude ccTLD delegations and redlegations from their work. We had a discussion of this at the ccNSO meeting in Singapore on this issue but it was inconclusive.  The survey that the CWG did of its own members and participants in January did provide some insight on this issue.  Here are some pertinent excerpts from that survey:

▪ The grounds for an appeal should be limited to whether or not relevant policy was followed (Agree 95%, Disagree 5% - STRONG AGREEMENT).
▪ The appeals process should only challenge whether established policies have been properly applied or adhered to by the IANA Functions Operator. It should not evaluate the merits of such policies (Agree 84%, Disagree 16% - STRONG AGREEMENT).
▪ All decisions and actions of the IANA Functions Operator that affect third parties and impact the Root Zone or Root Zone WHOIS database should be subject to an independent appeals process (Agree 71%, Disagree   29%).
▪ ccTLD registry operators should have standing to appeal delegation and re-delegation decisions to which they are a party that they believe are contrary to applicable laws and/or applicable approved ccTLD policy (Agree 97%, Disagree 3% - STRONG AGREEMENT).
▪ ccTLD registry operators should have standing to appeal delegation and redelegation decisions to which they are a party that they believe are contrary to applicable laws and/or applicable approved ccTLD policy, even if the operator is not a party involved in the delegation or redelegation (Agree 54%, Disagree 46% - Split).
▪ Governments should have standing to appeal any ccTLD delegation or redelegation decisions that they believe are contrary to applicable laws (Agree 60%, Disagree 40%).
▪ Governments should have standing to appeal ccTLD delegation or re-delegation decisions that they believe are contrary to applicable laws only where that country`s ccTLD is involved (Agree 75%, Disagree 25%). Note: many “Is Acceptable” and “No Response” answers, so this is not classified as a “major agreement.”

You can see that the respondents to this survey strongly agreed with the need for an appeal mechanism but this level of consensus fell sharply when comment of the details of the mechanism were sought.  However, the ccTLD participation in the survey was limited as it was restricted to the CWG itself.  (There are 5 ccTLD ‘members’ and another 15 ‘participants’, on the CWG).  I do not know what the breakout of the above answers was for representatives of the ccTLD community.   

When the ccNSO first discussed this issue in Los Angeles there was virtual unanimity of the need for ‘an appeal mechanism’ (Eberhard, I have noted both your disagreement in Los Angeles and on this list).  The survey of just ccTLDs that’s was taken last fall found that 94% of respondents agreed that: “If the IANA operator does not perform well or abuses its position the affected ccTLD should have the opportunity to (have access to) an independent and binding appeal process.”

So, overall, the objective with the proposed DT is to determine whether there is any form of consensus in the ccTLD community for an appeal mechanism for ccTLD delegations and redelegations in the limited sense described above.  This will most likely include undertaking another survey of the broad ccTLD community at some point.  It goes without saying, that if there is no consensus then there would be no basis on which to make any recommendations to the CWG.  I invite you to join the DT to help us bring some closure to this issue.

Allan

-----Original Message-----
From: cctldcommunity-bounces at cctld-managers.org [mailto:cctldcommunity-bounces at cctld-managers.org] On Behalf Of Chris Disspain
Sent: March-02-15 7:26 AM
To: cwg-stewardship at icann.org
Cc: ccNSO Members; ccNSO Council; cctldworld at icann.org; ccTLD Community List
Subject: Re: [ccTLDcommunity] [CWG-Stewardship] IAP DT Template - FORMAL OBJECTION
Importance: High

All,

The below is extracted from the IAP Appeals mechanism document:

On January 30th CWG RFP3 reviewed a detailed document (available here) summarizing the status of the IAP proposal and information flowing from the survey.  During the RFP3 discussion, it was noted that the IAP is in response to a request from ccTLDs.  RFP3 concluded with the following ‘Request/Action:” “ccTLD members and participants in CWG to come up with a consistent proposal on IAP” (see https://community.icann.org/pages/viewpage.action?pageId=52232278

Later that day, January 30, the CCWG of Accountability sent a letter to the CWG indicating that it has begun to elaborate is own work and that it will include consideration of binding redress mechanisms.  It has subsequently established an ‘Appeals and Redress’ work stream.  In their January 30th letter, the CCWG also said that it has no intention to give an accountability mechanism decision-making powers relating to the (re)delegation of ccTLDs. 

In light of this, it is proposed that a Design Team consider the question of the potential need for a ccTLD delegation and redelegation appeal mechanism and the potential parameters of this.

It is proposed that the Design team be made up of two to three ccTLD representatives and one or two GAC representatives.  The DT will investigate the potential to include an expert that may have been identified to work with the CCWG on Accountability.

On behalf of auDA, the ccTLD manager for .au I formally object to the terms of this design team which are specifically excluded from the charter of the CWG. Under the heading ‘Scope’ the charter states 'Additionally, issues related to naming policy e.g. delegation, redelegation or revocation of ccTLDs, RAA related policy issues etc. are not within the scope of the CWG” (https://community.icann.org/display/gnsocwgdtstwrdshp/Charter).

Any work on matters relating to delegation and re-delegation of ccTLDs is a matter for the ccTLD community. 

Chris Disspain | Chief Executive Officer .au Domain Administration Ltd
T: +61 3 8341 4111 | F: +61 3 8341 4112
E: ceo at auda.org.au | W: www.auda.org.au auDA – Australia’s Domain Name Administrator

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On 2 Mar 2015, at 07:17 , Marika Konings <marika.konings at icann.org> wrote:

> Dear All,
> 
> On behalf of Allan MacGillivray, please find attached the completed template for the Independent Appeals Panel for ccTLD delegations / redelegations.
> 
> Best regards,
> 
> Marika
> <Design Team - IAP - 1 March 
> 2015.docx>_______________________________________________
> CWG-Stewardship mailing list
> CWG-Stewardship at icann.org
> https://mm.icann.org/mailman/listinfo/cwg-stewardship

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