[Gnso-newgtld-wg] Subsequent Procedures Working Group - Name Collisions covered in SubGroup B today

Tue Mar 5 21:00:08 UTC 2019

Jeff and Cheryl, is it your understanding, as per Rubens’ note below, that the ICANN Board has actually NOT adopted the SAC 90 Recommendations that appear in the Board Scorecard below?  (Recommendation 2 calls for an in-depth study of name collisions and Recommendation 4 says that this work should be completed prior to adding TLD names to the global DNS.)    Could staff please send the letter from the Board transmitting these recommendations to Sub Pro to the list again so we can clarify?

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Thanks,
Anne

From: Rubens Kuhl [mailto:rubensk at nic.br]
Sent: Tuesday, March 5, 2019 1:37 PM
To: Aikman-Scalese, Anne <AAikman at lrrc.com>
Cc: gnso-newgtld-wg at icann.org
Subject: Re: [Gnso-newgtld-wg] Subsequent Procedures Working Group - Name Collisions covered in SubGroup B today

On 5 Mar 2019, at 17:17, Aikman-Scalese, Anne <AAikman at lrrc.com<mailto:AAikman at lrrc.com>> wrote:

Thanks Rubens.  I think the Initial Report and some of the public comment conflicts with the SAC 90 recommendations adopted by the Board and that is why I am raising this for discussion with the full WG.  You refer to “consideration” of SAC 90.   Are you saying that as long as the WG has “considered” SAC 90 (and perhaps rejected it if not consistent with the policy development process of the WG), then that is all we need to do?

Board can't order GNSO anything, and GNSO can't order Board anything. Note that even the SAC 90 scorecard says "ask", not "order", "mandate", "demand" or anything like that. The bylaws stipulate what every group can do, what procedures they must follow etc.

When a recommendation is adopted by the Board, what is the obligation of the WG to conform its own recommendations to recommendations already adopted by the Board?   (We may have similar questions in relation to the Competition, Consumer Trust, and Consumer Choice Review Team (CCTRT) recommendations, if these are adopted by the Board.)

If you look at overall registry of advices from SOs and ACs, you will see that Board "adopts" a lot of those and then implement them in a manner that - in my reading - is actually rejecting instead of adopting. So documents that say "Board adopted this advice" actually bring little value in determining what is being ruled by the Board. The actual implementation of those is much more informative.

Board works in mysterious ways...

CCTRT Final Report is here:  https://www.icann.org/en/system/files/files/cct-rt-final-08sep18-en.pdf

I realize that the Co-leaders could take the approach that the Sub Pro WG is not bound by the Board’s adoption of recommendations and is only bound to consider these items and make whatever recommendations it deems appropriate.  Unfortunately, that approach can result in a bottleneck at the Board level since the Board is often dealing with conflicting opinions.

I don't know if they think they are bound or not, but they are actually not. And in this case there is not even something tangible to be bound to, since there was no actual implementation of those recommendations. But, since no GNSO policy comes into effect without Board ratification, I'm sure that if we got this wrong, they will tell us in due time.

It should be remembered from the history of name collisions that Board actually went to a different path from SSAC advices a good number of times in this topic, including the choice of the controlled interruption signal where Board preferred the ICANN Org suggested local network value (127.0.53.53) and SSAC advised an actually addressable system that would collect information. So even if this actually deviates from SSAC advice, which I'm not sure I agree, it wouldn't be unprecedented to follow a different path.

Rubens

Anne

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From: Rubens Kuhl [mailto:rubensk at nic.br]
Sent: Tuesday, March 5, 2019 12:20 PM
To: Aikman-Scalese, Anne <AAikman at lrrc.com<mailto:AAikman at lrrc.com>>
Cc: gnso-newgtld-wg at icann.org<mailto:gnso-newgtld-wg at icann.org>
Subject: Re: [Gnso-newgtld-wg] Subsequent Procedures Working Group - Name Collisions covered in SubGroup B today
Importance: High

Anne,

The completion of this work will exactly be publishing the PDP WG Final Report and GNSO Council adopting it, so it seems we are on track, as long as the final report doesn't remove the SAC 90 consideration.

Rubens

On 5 Mar 2019, at 15:49, Aikman-Scalese, Anne <AAikman at lrrc.com<mailto:AAikman at lrrc.com>> wrote:

Please see below.

Hi all – Regarding Name Collisions, when we get to the full WG consideration, we will need to refer to the fact that the Board gave the WG specific directions regarding the recommendations that it adopted pursuant to SSAC Advice.  These appear below – excerpted from the Board’s Scorecard.  Recommendation 4 is the item that Jeff said he thought was not in SAC 90:  “The SSAC recommends that ICANN complete this work before making any decision to add new TLD names to the global DNS.”  The work to be completed it described in SAC 90 Recommendations 1 through 3 as shown below with the corresponding Board adoption shown in the far right column.    Thanks, Anne
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Anne E. Aikman-Scalese

Of Counsel

520.629.4428 office

520.879.4725 fax

AAikman at lrrc.com<mailto:AAikman at lrrc.com>

_____________________________

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Lewis Roca Rothgerber Christie LLP

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lrrc.com<http://lrrc.com/>

From: Ntfy-GNSO-NewGTLD-WG-SGB [mailto:ntfy-gnso-newgtld-wg-sgb-bounces at icann.org] On Behalf Of Michelle DeSmyter
Sent: Tuesday, March 5, 2019 9:52 AM
To: ntfy-gnso-newgtld-wg-sgb at icann.org<mailto:ntfy-gnso-newgtld-wg-sgb at icann.org>
Cc: gnso-secs at icann.org<mailto:gnso-secs at icann.org>
Subject: [Ntfy-GNSO-NewGTLD-WG-SGB] ***CALL IN 10 MINUTES*** Meeting invitation: New gTLD Subsequent Procedures PDP - Sub Group B call / Tuesday, 05 March 2019 at 17:00 UTC

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