[gnso-gac-closed-generics] Closed Generics Preparation for 7 June Meeting
Nigel Hickson
nigel.hickson at dcms.gov.uk
Wed Jun 7 17:00:57 UTC 2023
Kathy and colleagues
Good afternoon; with thanks to you and Sophie I think we are edging towards
a way forward on this issue; think the two overriding objectives here are
transparency and opportunity, the former in relation to everyone knowing
what CG applications have been made (thus the imperative of a page /
location / site where such are listed, and the latter in relation to a
dedicated and distinct public consultation period;
best
Nigel
On Tue, 6 Jun 2023 at 23:57, Kathy Kleiman <kathy at dnrc.tech> wrote:
> Hi Sophie,
>
> I confess to being a bit confused. I don't see any language below that
> addresses the issues raised by Greg, Alan, me, and members of the GAC.
>
> Quick note that it is my understanding that GAC is under no obligation to
> follow the SubPro Working Group's recommendation that Early Warnings run at
> the same time as Reveal Day public comments, and GAC is currently working
> on the timing of its Early Warnings.
>
> I reattach our paper listing concerns, history and goals for
> *a meaningful Closed Generics comment period. *
>
> Let me re-share Greg's email:
>
> "Please respond if you can live with this compromise. If you cannot,
> please offer a detailed way forward.
>
> This also misses the mark and does not provide anything close to the
> result being sought by a significant portion of the group. As such, I can't
> live with this either. What is needed is not merely the possibility of the
> hope of the potential of an extension of the initial "reveal day" triggered
> comments period. What is needed is a firm commitment to a greater
> opportunity to comment -- in the form of a second comment period for Closed
> Generics, to occur after GAC Early Warnings.
>
>
>> The number of Closed Generics is not really relevant to whether a second
>> period is needed (or even the extension of the first period) -- unless we
>> have hundreds of Closed Generics, in which case even more time may be
>> needed. The issue is not primarily that commenting organizations need time
>> to sort through a plethora of applications; rather, the issue is that
>> commenting organizations will need more time than is granted to consider
>> whether and how to comment on the one, two or a few Closed Generic
>> applications that will be relevant to it/them, to build awareness of the
>> relevant application(s) and get buy-in from potential participants in a
>> comment, and then to develop, write, circulate to what might be a
>> substantial group of co-authors, get back comments, revise, recirculate,
>> and finalize the comments. Underlying this is a belief that comments on
>> Closed Generics are more like to come from organizations, associations, and
>> groups of like-minded entities based on the very nature of the Closed
>> Generic gTLD. That is why this treatment is critical and why it is sought.
>>
>
> Proposed revisions:
>
>
> - Applications for closed generics gTLDs will be subject to the same
> Public Comment period as all other gTLD applications. However, given that
> closed generic gTLDs are uniquely impactful to the public interest and
> to the interests of multiple entities that may identify with a string,
> the group acknowledges there should be more time dedicated to their Public
> Comments. The Public Comment period will supplemented by an additional 60
> day comment period solely for closed generic gTLD application comments,
> to commence upon the submission of Early Warnings by the GAC and its members.
> This does not replace ICANN’s discretion to extend the Public Comment
> period for all applications, and the 60-day extension will apply to the
> full length of the Public Comment period (extended or otherwise).
> - In line with Implementation Guidance 13.6 from the New gTLD
> Subsequent Procedures Final Report
> <https://gnso.icann.org/sites/default/files/file/field-file-attach/final-report-newgtld-subsequent-procedures-pdp-02feb21-en.pdf>(pg.
> 244), this implementation should enable the public to easily identify and
> obtain information about applications for closed generic gTLDs. The group
> agrees that there must be a centralized space where prospective commenters
> can go to understand the rules for closed generic gTLDs and view the
> applications themselves.
> - Note: In arriving at this compromise approach to Public Comment,
> the group acknowledges the unique nature inherent to closed generic gTLDs,
> as well as the need for sufficient time for meaningful Public Comments, and
> the public’s need to readily find all relevant information about closed
> generic gTLD applications."
>
> Best, Kathy
> On 6/6/2023 11:03 AM, Sophie Hey wrote:
>
> Hi all,
>
>
>
> I have attempted to come up with possible compromise language on public
> comments for 22.b of the Framework given the comments I saw on list the
> other day. This language attempts to take into consideration that feedback
> as well as:
>
> - SubPro
> <https://gnso.icann.org/sites/default/files/file/field-file-attach/final-report-newgtld-subsequent-procedures-pdp-02feb21-en.pdf>
> Implementation Guidance 13.6 (p 58, 244);
> - SubPro Recommendation 20.4 (p 91, 261) on 30-day operational public
> comment periods for application change requests;
> - SubPro Recommendation 28.14 (p 131, 280) on a single Public Comment;
> - SubPro Recommendation 30.5 (p 140, 283) on GAC Early Warnings
> running concurrently with the public comment period and the status of 30.5
> as Pending in the Board’s Scorecard
> <https://www.icann.org/en/system/files/files/scorecard-subpro-pdp-board-action-16mar23-en.pdf>
> (p39) from 16 March 2023
> <https://www.icann.org/en/board-activities-and-meetings/materials/approved-resolutions-regular-meeting-of-the-icann-board-16-03-2023-en#section2.a>
> ;
> - Operational Design Assessment
> <https://www.icann.org/en/system/files/files/subpro-oda-12dec22-en.pdf>
> section 6.2.7 (p 213) stating that the public comment period will run for
> 90-days.
>
>
>
> Proposal:
>
> 22.b Applications for closed generics gTLDs must be subject to the same
> Public Comment period as all other gTLD applications set out in SubPro
> Final Report recommendation 28.14.
>
> 1. Consistent with SubPro Recommendation 20.4, change requests to
> closed generic gTLD applications in response to public comments,
> objections, whether formal or informal, GAC Consensus Advice, GAC Early
> Warnings, or other comments from the GAC who will be subject to an
> additional 30-day operational public comment period.
> 2. In line with Implementation Guidance 13.6 from the New gTLD
> Subsequent Procedures Final Report [gnso.icann.org]
> <https://urldefense.com/v3/__https:/gnso.icann.org/sites/default/files/file/field-file-attach/final-report-newgtld-subsequent-procedures-pdp-02feb21-en.pdf__;!!PtGJab4!_6G04zuduBJlatvxO1KXVdYeKGv57RsVaOoKh3W11SOt5UF6MyWvPL2vighBwDwaI6EKwoq-W8w-Gf5bKlKhC5tZd7TIGzYhf_MMVg$>(pg.
> 244), this implementation should enable the public to easily identify and
> obtain information about applications for closed generic gTLDs. The group
> agrees that there must be a centralized space where prospective commenters
> can go to understand the rules for closed generic gTLDs and view the
> applications themselves.
> 3. Any policy work on closed generic gTLDs must consider whether any
> other public comment period for closed generic gTLDs is appropriate,
> balancing the interests of applicants who may be in contention sets with
> Closed Generics, the applicant, and prospective commenters.
>
>
>
> Rationales:
>
> 22.b: We can all agree that closed generics are subject to the already
> established public comment period.
>
> 22.b.i: Expressly calling out change requests for closed generic gTLD
> applications in response to public feedback requiring a separate public
> comment period. I think that changes to closed generic gTLD applications
> would already be covered by 20.4, but understanding a need for detail, I
> propose calling this out specifically.
>
> 22.b.ii: Making sure that there is outreach and information available to
> the public on closed generic gTLDs. I also did not see any push back to
> this language on list (apologies if I missed it).
>
> 22.b.iii: Committing to a policy discussion on an additional public
> comment period for closed generic gTLDs.
>
>
>
>
>
> Sophie
>
>
>
> Sophie Hey
> she/her
> Policy Advisor
> Com Laude
> *T* +44 (0) 20 7421 8250
> *Ext* 252
>
> <https://comlaude.com/>
>
> *We are pleased to launch our new YouTube channel
> <https://t-uk.xink.io/Tracking/Index/bhkAAGVfAADl_RQA0>*[image: .]
>
> *From:* gnso-gac-closed-generics
> <gnso-gac-closed-generics-bounces at icann.org>
> <gnso-gac-closed-generics-bounces at icann.org> *On Behalf Of *Melissa
> Peters Allgood
> *Sent:* Tuesday, June 6, 2023 1:30 PM
> *To:* gnso-gac-closed-generics at icann.org
> *Subject:* [gnso-gac-closed-generics] Closed Generics Preparation for 7
> June Meeting
>
>
>
> Hello all,
>
>
>
> I wanted to level-set after our call yesterday. I’ve emphasized a final
> push this week to get through your remaining work to ensure this group has
> the best opportunity possible to share a draft framework before the public
> sessions at ICANN77.
>
>
>
> At the end of our call, we discussed that staff would take inputs on Closed
> Generics Framework v4 – Edits Tracked
> <https://docs.google.com/document/d/1nEy2mQm01ITo-ovxgIVQ0kNIpLqPV4bqVxTKgZb15vQ/edit>forward.
> Staff has incorporated many of your suggestions and these are reflected in
> yellow highlight in the v4 – Edits Tracked document. A few comments remain
> in the v4 – Edits Tracked document and will be considered by the group on
> our 7 June call.
>
>
>
> To see the outcomes of your work in context, staff has compiled a Draft
> Framework for Closed Generic gTLDs
> <https://docs.google.com/document/d/1ZzjEiWbdkqOYbzoOPglwAn30qUUNRhjP8RmgKyTlgfQ/edit>
> that includes the edits discussed above, as well as an Executive Summary
> and annex of supporting reference material. Please note, 22.b of the
> Draft Framework for Closed Generic gTLDs is holding for the outputs of
> your red line discussion of Public Comment.
>
>
>
> Please review the Draft Framework for Closed Generic gTLDs in preparation
> for our 7 June call, as this is the complete draft framework, absent the
> Public Comment issue and a few outstanding points raised in the v4 – Edits
> Tracked document.
>
>
>
> Agenda for 7 June:
>
> 1. Complete discussion of the Public Comment red line topic
> 2. Review remaining comments in v4 – Edits Tracked
> 3. Go/No Go decision on the Draft Framework
> 4. ICANN77 Public Session planning
>
>
>
> Thank you for your continued efforts to collaborate and compromise.
>
>
>
> Melissa
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> --
> Kathy Kleiman
> President, Domain Name Rights Coalition
>
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