[Gnso-newgtld-wg] Proposed Agenda - New gTLD Subsequent Procedures PDP WG meeting - Tuesday, 30 April 2019 at 03:00 UTC

Tue Apr 30 02:05:00 UTC 2019

Hi All,

The meeting coming up in an hour will be discussing the Predictability 
Framework.  In preparation, I would like to share the full text of the 
NCSG comment on this matter, since I expect we will be discussing it at 
some length. Having the full text (not long, approx 500 words) will 
hopefully provide valuable background as to the nature and basis of our 
concerns.

Best, Kathy

---------------------

_NCSG Comment__
_

*"2.2.2 The Predictability Framework Proposal is Not Fair, Balanced, or 
Consistent with our Policy Development Process*

The Predictability Frame is concerning to the NCSG because it gives 
inordinate and

unprecedented power to the Implementation Review Team (IRT) of the 
Subsequent

Procedures Policy Development Process Working Group. The proposal 
creates a Super-IRT

not just to roll-out the details of the implementation — but to judge 
and rule on all issues that

arise. To quote the Initial Report, /“as part of the Predictability 
Framework, a Standing/

/Implementation Review Team (IRS) should be constituted after the 
publication of the/

/Applicant Guidebook to consider changes in the implementation, 
execution and/or operations/

/of the new gTLD program after its launch, and the introduction of any 
further evaluation/

/guidelines not available to applicants when applications were submitted.”/

*
*

*"Disproportionate representation in IRTs*

We note that IRTs are mostly small groups, disproportionately 
represented by registries and

registrars — those knowledgeable and concerned about the technicalities 
of the technical

policy we have created at ICANN. Rarely does the NCSG, for example, have 
the ability or

bandwidth to serve on an IRT — and such service should not be needed if 
the IRT remains to

be the technical implementation arm of a community-driven, 
community-consensus policy

development process.

*"IRT cannot be used as a tool for bypassing GNSO PDPs*

As highlighted above, such groups are often composed by members of the 
technical

community - or people who are expert in the technical implementation 
details of the field -

and lack a more proportional representation of the ICANN Community. 
Their job is to

execute what the Community as a whole (or a Supporting Organization such 
as the GNSO)

have adopted in time-consuming Policy Development Processes that often 
take years, and to

assess any technical barriers offered to the implementation of such 
policies. Unfortunately,

IRTs have already massively overreached in other areas, and engaged in 
policy changes and

policy interpretation. For instance, the original Rights Protection 
Mechanisms IRT for the

first Applicant Guidebook has been severely criticized in the current 
Review of All Rights

Protections Mechanisms PDP Working Group for its overreach in this area.

Once a policy hits a post-launch problem, it is not a matter for any 
Implementation Review

Team (IRT) to resolve, even this Super-IRT, because that would be highly 
unfair.

Implementation Review Teams “implement” — they absolutely don’t create 
new policies or

even interpretations with overwhelmingly policy-oriented 
interpretations. That’s simply not

their mandate, goal, or expertise

"This attempt to create this “third element,” this Predictability 
Framework, is and will become

a policy bypass and overreach mechanism. It is created as such to handle 
newly-arising issues

in the New gTLD Program — and ones, as noted above, likely to involve 
far-reaching or

international policy issues. it is not for the industry to resolve (or 
likely remove) the issue by

seeking to set it aside, or interpreting it away, under the guise of 
“operations and execution.”

"For all the reasons above, the *NCSG strongly rejects the proposal of a 
Framework and the massive expansion of the scope and breadth of the 
Subsequent Procedures Implementation Review Team *. IRTs should retain 
their limited mandate and not be given super powers to change policies 
through process innovation, and especially not in the midst of new 
rounds of gTLDs."

-----------------------------------------------------------------------------------------------
On 4/26/2019 8:27 PM, Steve Chan wrote:
>
> Dear WG members,
>
> Please find below the proposed agenda for the upcoming call 
> on Tuesday, 30April 2019 at 03:00 UTC for 90 minutes:
>
> Draft Agenda:
>
>  1. Welcome/Review of the Agenda/Updates to Statements of Interest (SOIs)
>  2. Review of Summary Documents – (see:
>     https://docs.google.com/document/d/1R4zXTH3hIgfbqoxyqsSp19Bl6J96NNeV7oCgxsXKD-w/edit?usp=sharing)
>      1. 2.2.1 Continuing Subsequent Procedures
>      2. 2.2.2 Predictability / 2.2.2.2 Clarity of Application Process
>  3. AOB
>
> Note, in relation to agenda item 2, WG leadership and staff have tried 
> to prepare summary documents for each topic that seeks to help you 
> review some of the background material, consider a high-level summary 
> of what we believe the WG is seeking to accomplish for the topic, a 
> high-level summary of public comment received, and finally, a sort of 
> catch all at the end of each section (e.g., follow-up, parking lot, 
> next steps).
>
> If you need a dial out or would like to send an apology for this call, 
> please emailgnso-secs at icann.org <mailto:gnso-secs at icann.org>.
>
> Best,
>
> Steve
>
> *Steven Chan**
***
>
> Policy Director, GNSO Support
>
> **
>
> *ICANN*
>
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>
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