[gnso-gac-closed-generics] V3 of the Framework

[Nigel Hickson]

Jeff

Good morning; thank you for your hard work here; much food for thought;

best

Nigel

On Tue, 23 May 2023 at 03:30, jeff at jjnsolutions.com <jeff at jjnsolutions.com>
wrote:

> All,
>
> I have spent a bunch of time reviewing v.3 of the framework and I put a
> bunch of comments in.  I fought every urge I had to dispute what is in that
> framework and say I didnt like it, etc., and I did not do that (and believe
> me I wanted to ;)).
>
> I do disagree with a bunch of it which is not a shocker...but those are
> not the comments I made.
>
> ______________________________________________________________________________________
> Rather my comments fall into a couple of different camps:
>
> 1.  There is a tremendous amount of duplication in the framework and you
> will see it too now that it is in one clean document.
>
> 2.  There are many statements in the framework that are incredibly
> confusing because they have absolutely no context.  Even I was confused on
> a bunch of them as to what we were trying to say....and I have lived and
> breathed SubPro for more than a decade now!
>
> 3.  Related to the lack of context is the lack of organization in the
> framework now.  Parts of the framework need to be moved to avoid
> duplication or provide the context that is needed.
>
> 4.  Also related to lack of context is what we expect someone will do with
> the statement in the framework.
>  - Example: "5.  There is value in public interest goal(s) that serve a
> very broad intended public. There is also value in public interest goal(s)
> that serve a targeted intended public." *ok...so what? #4 says that you
> cant use it for illegal purposes and #6 says public interest is broader
> than the ICANN GPI Framework. And what is the next group that develops the
> policy supposed to do with this? How does this guide them in their work? *
>
> *5. *Also, now because of the lack of context, it seems like we have
> conflicting requirements:
>
> *Example:  In 7(g)(2), bullet 2 states: "**The group also affirms that
> exclusive registry access and single entity control of a closed generic
> gTLD does not, in and of itself, violate the principles of competitive
> neutrality, non-discrimination or transparency." But 2 bullets later it
> states: "Evaluators should bear in mind the exclusive nature of a closed
> generic gTLD when considering anti-competition concerns."*
> *How can we state on the one hand the very nature of the gTLD should not
> be considered to be anti-competitive, but then state that evaluators should
> bear in mind the very nature of the closed gTLD when considering whether it
> is anti-competitive? How is anyone supposed to interpret that?*
>
> 6. Some statements are just awkwardly worded and should be fixed such as:
> - #9. *Commitments–including those related to how the public interest
> will be served–made by an applicant during the application and evaluation
> phases of a closed generic gTLD application must be enforceable by ICANN.*
>
> * - *This makes it sound like we are expecting ICANN to enforce the
> commitments themselves rather than what I think we mean which is that ICANN
> must be able to hold the registry accountable for implementing the
> commitments it made. This distinction is important for ICANN when looking
> at what it can do within its mission.
>
> IN SUM:  Please read v3 carefully with an eye on "will the next group
> understand exactly what we mean in these statements".
>
>
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