[Gnso-newgtld-wg] Discussion Notes/Actions: New gTLD Subsequent Procedures PDP WG 04 April 2016

Julie Hedlund julie.hedlund at icann.org
Tue Apr 5 22:46:37 UTC 2016


Dear PDP WG members,

Please see below the discussion notes and action items captured by staff from the meeting on 04 April.  These high-level notes are designed to help PDP WG members navigate through the content of the call and are not meant as a substitute for the transcript.  The MP3 and transcript are provided separately and are posted to the calendar at: http://gnso.icann.org/en/group-activities/calendar.  Please also reference the chat room, which has been captured and provided by the GNSO Secretariat via separate email.

Kind regards,
Julie
Julie Hedlund, Policy Director

Discussion Notes/Actions: New gTLD Subsequent Procedures PDP WG Meeting, 04 April 2016

1.  Discussion on response to Dr. Crocker (attached).

Action Item: Send the letter to the GNSO Council leadership via Paul McGrady, the GNSO Council liaison, after the meeting today.  Once the Council leadership reviews and approves, it will be sent to Dr. Crocker and the Board.  

2. Discussion regarding principles from 2007 Final Report (please reference the attached excerpt):

Decision making: 
Action Items: 1) Document in the notes actions to be taken at a next meeting (noting that a first reading is normally the result of discussion so may not be documentable ahead of time); 2) Keep a decision log on all decisions that have been made and the results.

Principle A
Jeff Neuman: Will be addressed later as an overarching principle.

Principle B
Alan Greenberg: Not sure this is needed anymore as it is moot.Vanda Scartezini: Could just state that TLDs can be in both ASCII and IDN formats. (General agreement in the discussion.)

Principle C
Robert Burlingame (Pillsbury): Suggested text: "One of the reasons for introducing new top-level domains is that there is demand from potential applicants for new top-level domains in both ASCII and IDN formats.  Furthermore, the introduction of new top-level domains has the potential to promote:  competition in the provision of registry services; consumer choice; market differentiation; and geographical and service-provider diversity."

Principle D (Summary of discussion) — Make sure that the principles sync with the new Bylaws.

Principle E
Jeff Neuman: Clarify that the capability criteria are operational and financial?Alan Greenberg: Leave as is for now, recognizing that we'll probably need to add sub-paragraphs to provide additional detail.

Principle F  (Summary of discussion) — No action. Still applies.

Principle G Ayden Ferdeline: Why only the "applicant's" freedom of expression?Carlton Samuels: Say more about the string evaluation process?Greg Shatan: Put this into the recommendations, rather than principles?Kavouss Arasteh: Change the "protected" to “provided" in front of "internationally recognized”.Steve Coates: Or change to: "that are recognized under international principles of law."Robin Gross: Objection to moving from principles to recommendations.
Jeff Neuman: Should be there be a way or method in the recommendations to add things that are based on new circumstances or not anticipated?
Steve Coates (Twitter): Consider implications to "rolling procedures."

Recommendation 1
Steve Coates (Twitter): Recommendation 1 should not be negotiable.  
Robert Burlingame (Pillsbury): I agree that "should" would be better than "must" in the Recommendations.
Kurt Pritz: It is ok that a recommendation include the word "must." "Recommendation" means Policy Recommendations that were later approved by the ICANN Board.
Jeff Neuman: In addition to high-level principles there were things we wanted to be sure were included ("must").
Alan Greenberg & Greg Shatan: They may start as recommendations, but once approved by the Board they are policy.
Greg Shatan: The taxonomy may be out of date/pre-go-live set up.
Jeff Neuman: Should we list these as policies?
Kavouss Arasteh: If you change to "policy" that may solve a lot of issues.  Be very careful not to use "must" if we don't mean "must" -- minimize the use of must.
Kurt Pritz: Use "must" and "shall" in the definition adopted by ICANN (https://www.ietf.org/rfc/rfc2119.txt).

Recommendation 2
Jeff Neuman: On this one there may be inherent questions -- what does "Reserve" mean?  There was a subgroup in 2006-7 that worked on this definition, "what is a Reserved Name?"   "Strings" here point to top-level domains.  Move forward subject to definiting the terms?

Recommendation 3
Jeff Neuman: This was used to create some of the objection criteria for the 2012 round.  This will be discussed in one of the tracks, although not necessarily a rights-protection mechanism since this refers to strings at the top level.  Robin Gross: Freedom of Expression concerns were left out of the implemention of Recommendation 3 (which only focused on trademark protection).

Recommendation 4
Jeff Neuman: Would think this is non-contentious.  Alan Greenberg: Change the nomenclature to "concepts" and then if there should be a taxonomy work through it later.

Recommendation 5
Jeff Neuman: Define "Reserved Word" and provide more context, as suggested by Kavouss.

Recommendation 6
Jeff Neuman: The group that deals with this work track should look at how this was defined.  Work with it initially as a concept.

Recommendation 7
Jeff Neuman: I am not sure the evaluation looked at the purpose that the applicant set out, just whether a registry could run as a registry.  We will probably come back to this.  Alan Greenberg: I am not sure it makes any sense.  Steve Coates: Agree on the language of "purpose" tied to "technical".Kavouss Arasteh: How is this demonstration made?Rubens Kuhl: Currently they demonstrate passing a pre-delegation test: https://newgtlds.icann.org/en/applicants/pdt.  Jeff Neuman: Not done during the application process.   May need to consider if we decide to accredit registry providers whether we do think a demonstration needs to be approved, in track 1 (process) track 5 (technical criteria/demonstration).

Recommendation 8
Jeff Neuman: Never asked to demonstrate financial capabilities, but ICANN received statements and financial information.  Rubens Kuhl: Only looked an financial with the angle of a commercial registry.  We might choose to let financial be only a due diligence requirement for contract signing but not an application evaluation criteria.  Jeff Neuman:  Look at that in the relevant track.

Recommendation 9
Jeff Neuman:  Look at the ICANN Implementation Report, but for this one gets some comments in from the actual evaluators.  Robin Gross: Do better on recommendation 9.  Too much was changed after the fact and it wasn't fair.  Rudi Vansnick: Agreed.  Kavouss Arasteh: To whom is this addressed?  What is the relation to "objective and measurable criteria" and "pre-published application process?  Reword or say what we mean.  Jeff Neuman: Agree that we can word this better that there should be criteria set out in advance so applicants know how they will be measured.  Alan Greenberg: There may well be things that are non-objective but we should try to put in these that are non-discriminatory.  Kavouss Arasteh: Are we asking ICANN to do this?Rubens Kuhl: Add "non-discriminatory"Jeff Neuman: That is a good addition.  Or "except as otherwise set forth here?"
Greg Shatan: Or "Where possible"?

Recommendation 10
Jeff Neuman: This is one where there have been comments that there should be different base contracts?  But the concept is that the applicant should know what contractual terms would apply to them.  Reword that there is not only one base contract?  We should talk about base contract(s) -- track 2 -- whether there should be a process to institute changes before a contract is signed.  Steve Coates (Twitter): Could use improvement with additional clauses, and application of new clauses.

Recommendation 11 — Replaced with 20.

Recommendation 12
Jeff Neuman: We need to build in some what to have changes.  Applicants need to know what dispute processes might be used against them.  Robin Gross: GAC objections impact recommendation 12, not understanding what a government might object to.


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