[Gnso-epdp-team] [Ext] Re: Bridging Mechanism Proposal

Sat Mar 30 02:21:15 UTC 2019

Hi James,

Thank you for your response. Typically, advisories explain ICANN org’s interpretation of obligations under ICANN Consensus Policies and/or contracts rather than create new obligations. Therefore, ICANN org believes that we must create a new Policy document to implement the EPDP Team’s recommendation 28 regarding the transition period.

Regards,

Dan and Trang
ICANN Org Liaisons

From: "James M. Bladel" <jbladel at godaddy.com>
Date: Thursday, March 28, 2019 at 4:54 PM
To: Trang Nguyen <trang.nguyen at icann.org>, Rafik Dammak <rafik.dammak at gmail.com>, Alan Woods <alan at donuts.email>
Cc: "gnso-epdp-team at icann.org" <gnso-epdp-team at icann.org>
Subject: [Ext] Re: [Gnso-epdp-team] Bridging Mechanism Proposal

Thank you, Trang.

With regard to your last paragraph, what other documents would ICANN consider ‘enforceable’?  Could it issue an Advisory in conjunction with the new Consensus Policy?  Just trying to keep things lightweight here.

Thanks-

J.

-------------
James Bladel
GoDaddy
________________________________
From: Gnso-epdp-team <gnso-epdp-team-bounces at icann.org> on behalf of Trang Nguyen <trang.nguyen at icann.org>
Sent: Thursday, March 28, 2019 18:11
To: Rafik Dammak; Alan Woods
Cc: gnso-epdp-team at icann.org
Subject: Re: [Gnso-epdp-team] Bridging Mechanism Proposal

Dear Colleagues,

Thanks for the clarification. Based on the clarification, ICANN org understands that the EPDP Team’s Recommendation 28 has three stages:

Stage 1: As of 20 May 2019, contracted parties must continue to implement measures consistent with the Temp Spec until the development of the Consensus Policy based on recommendations by the EPDP Team is completed.

Stage 2: Once the Consensus Policy document is completed, contracted parties must either continue to implement the Temp Spec or the new Consensus Policy.

Stage 3: As of the Consensus Policy’s effective date (which the EPDP Team recommended to be 29 February 2020), contracted parties must comply with the new Consensus Policy.

Based on this understanding, ICANN org foresees the implementation of Recommendation 28 taking the form of a Policy document that would reflect the above requirements. This form of implementation would allow for an enforceable mechanism to be in place until the new Consensus Policy goes into effect.

Regards,

Dan and Trang
ICANN Org Liaisons

From: Gnso-epdp-team <gnso-epdp-team-bounces at icann.org> on behalf of Rafik Dammak <rafik.dammak at gmail.com>
Date: Monday, March 18, 2019 at 5:51 PM
To: Alan Woods <alan at donuts.email>
Cc: "gnso-epdp-team at icann.org" <gnso-epdp-team at icann.org>
Subject: Re: [Gnso-epdp-team] Bridging Mechanism Proposal

Hi,

The deadline we agreed on during our meeting (end of the week) already passed and there was no objection.

Best,

Rafik

Le mer. 13 mars 2019 à 11:46, Alan Woods <alan at donuts.email> a écrit :
Thanks Alan, taking into account your note, here is another suggested update.... maybe we can get this sorted by day's end (hope springs eternal). [Note: the removal of "Compliance"  is to allow ICANN to figure out from whom they would like such an advisory to emanate from.]

Suggested update:

The effective date of the gTLD Registration Data Policy shall be [February 29, 2020]. All gTLD Registry Operators and ICANN-accredited registrars will be required to comply with the gTLD Registration Data Policy as of that date.

Until such date [February 29, 2020], ICANN [Compliance] directs Contracted Parties that registries and registrars are required EITHER to comply with the[policy resulting from] the recommendations contained in the Final Report OR continue to implement measures consistent with the Temporary Specification (as adopted by the ICANN Board on 17 May 2018, and expired on 25 May 2019). Registries and registrars who continue to implement measures compliant with the expired Temporary Specification will not be subject to Compliance penalty specifically related to those measures until February 29, 2020.
Failure to respond within 30 days of this notice shall be considered acceptance of the terms herein will be considered acceptance.

Kind regards,

Alan

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On Wed, Mar 13, 2019 at 11:21 AM Alan Greenberg <alan.greenberg at mcgill.ca<mailto:alan.greenberg at mcgill.ca>> wrote:
I think that the intent of this is exactly right, and keeping it lightweight is important.

The problematic part of the wording is that it implies that contracted parties can interpret the Recs on their own prior to ICANN publishing the new Consensus Policy (CP) (presumably 6 months prior to 29 Feb 2020). For the period from xx May 2019 until the CP is published, the Temp Spec is the rule (properly phrased). After the CP is published, the new CP may apply and must apply no later than 29 Feb.

Alan

At 12/03/2019 12:42 AM, Elizabeth Bacon wrote:

Hello Team,
In Sunday?s session, ICANN noted that they feel they need a temporary policy to bridge between the expiration of the Temporary Specification and the completion of the EPDP Consensus Policy.  There was some consensus in the room that the Team had anticipated this and provided that mechanism via Recommendation 28.  In addition, the idea of what a ?temporary policy? might be raised several questions and concerns.   In an effort to not recreate the wheel or implement an overly heavy solution, we proposed to Dennis that a formal notice/advisory from ICANN Compliance to Contracted Parties to operationalize the language we previously agreed for Recommendation 28 would be sufficient and appropriate.

The language is below for your review. I look forward to your thoughts before I share with Dennis.
Thanks,
Beth

The effective date of the gTLD Registration Data Policy shall be [February 29, 2020]. All gTLD Registry Operators and ICANN-accredited registrars will be required to comply with the gTLD Registration Data Policy as of that date.

Until such date [February 29, 2020], ICANN Compliance directs Contracted Parties that registries and registrars are required EITHER to comply with the recommendations contained in the Final Report OR continue to implement measures consistent with the Temporary Specification (as adopted by the ICANN Board on 17 May 2018, and expired on 25 May 2019). Registries and registrars who continue to implement measures compliant with the expired Temporary Specification will not be subject to Compliance penalty specifically related to those measures until February 29, 2020.
Failure to respond within 30 days of this notice shall be considered acceptance of the terms herein will be considered acceptance.

Elizabeth Bacon
Senior Director, Policy and Privacy
Public Interest Registry
Direct: +1 703-956-3962 | Mobile: +1 571-352-5029|

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