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

Rubens Kuhl rubensk at nic.br
Fri Mar 8 15:22:44 UTC 2019


Anne,

What was suggested in the initial report was a minor evolution to the 2012 name collision framework, which was adopted by the Board. So imagining it doesn't serve global public interest or it wouldn't be approved by the Board is very far-fetched.

Tool development is an implementation activity; we can't make the new AGB in the SubPro report. Not in name collisions, not in any other topic.

As for things not happening your way, that's the way the multistakeholder model works. Most of it is not my way either, or any single person's way as well.  I won't rehash WT4 discussions yet again, but interested readers not part
of WT4 may find how this progressed at https://mm.icann.org/pipermail/gnso-newgtld-wg-wt4/ <https://mm.icann.org/pipermail/gnso-newgtld-wg-wt4/> .

The attached report at your message is from a party known to have a vested interest in the matter, and known to be vocal during the 2012 round to the point of saying people would die due to name collisions. I'll leave this at that.



Rubens


> On 8 Mar 2019, at 03:16, Aikman-Scalese, Anne <AAikman at lrrc.com> wrote:
> 
> Hi Jeff
>  I agree that “this work” as contained in the Board Scorecard adopted SAC 90 does not necessarily mean the NCAP study.  The Board took action to request that study from the SSAC, but so far it’s a “no go”.
> 
> However, “this work” as described in Recommendations 1-3 covered by the Board resolution is MUCH broader in scope than any work done by Work Track 4 or any SubGroup of Subsequent Procedures.  (The Board sent a letter to Subsequent Procedures about this and thus far, it has not been recirculated so it would be much appreciated if staff could circulate that letter.)  May we please see the Board’s letter to Sub Pro informing us of its adoption of the SAC recommendations in relation to name collision risk?
> 
> The fundamental procedural question here is to what degree Subsequent Procedures needs to take prior Board resolutions into account based on the Board’s letter to us.  Rubens says “The Board can’t tell the GNSO what to do.”  I think that is a bit unproductive since we get bottle-necked if the recommendations of the WG and the GNSO are not consistent with “this work” that was supposed to be done in accordance with a prior Board resolution adopting SAC 90 Advice.   In the big picture, we also have to consider that the world is watching.  The fact is that the GNSO is not required to consider the Global Public Interest.  GNSO is primarily concerned with considering the interests of its stakeholder groups.  You yourself have said that the public comments of established ICANN  constituencies and advisory committees should be given more weight in the Final Report than concerns of other commenters.  In this regard, keep in mind that the ALAC does not have a vote on GNSO Council so its representation of the public interest is a step down from other GNSO stakeholders.  Further, Leadership has not addressed how much weight will be given to the Recommendations of the CCT Review Team Final Report.
> 
> The ICANN Board, on the other hand,  is actually charged with the Global Public Interest in adopting policy.  It cannot act in the interest of the Contracted Parties without getting “called on the carpet” at the ITU and on the world stage.
> 
> Separately, many public commenters assumed NCAP would move forward.   You have public comment from ALAC, the IPC, and others saying “defer to the SSAC on name collisions” at a time when it was assumed there would actually be an NCAP.  Perhaps Sub Pro needs to reply to the Board’s letter to us and ask the ICANN Board for further guidance given all the circumstances.  No way did Work Track 4 conduct all of the “this work” contained in Recommendations 1-3 adopted by the Board.   And we are in the throes of whether or not to make a recommendation which is directly inconsistent with Recommendation 4 adopted by the Board.  (ALAC, IPC, and others filed comment which agrees with SAC 90 Recommendation 4 not to add names to the root until collision risk is studied further.)
> 
> If we had actually developed some sort of screening tool for “Do Not Apply” strings or some way to identify high risk strings during our work in Sub Pro, we could be making a solid recommendation about proceeding to the next round with a new Name Collision Framework to replace the old one..  I personally suggested several times in Work Track 4 work  that we get a budget to hire a qualified third party consultant to undertake that work.  Leadership rejected this notion as “unnecessary.”    Now it appears we could be risking leaving “this work” to the “Implementation Phase” if SAC 90 Recommendation 4 is ignored.  It seems very silly to me to have an applicant spend $185,000 and find out later that the string will not move forward.  Name collision risk should be assessed early on and the applicant should get the fee back right away if the string cannot move forward.  As a Working Group, we have done nothing to “advance the ball” in terms of how the name collision risk should be assessed and how the recommended categories of “Do Not Apply”, low risk, medium risk, and high risk should be assessed.  If NCAP is dead in the water, then this WG would be well-advised to get busy figuring out how we are going to get “this work” accomplished in time to proceed to a next round in 2020.   If NCAP is dead, I think it is incumbent on Sub Pro to ACT NOW to get independent professional advice on the technical parameters and tests that should apply for each new string applied for and to get funding from ICANN to do so.  It is critical that the testing and standards be developed by an independent entity.  Further, an independent entity should be responsible for evaluating name collision risk mitigation plans submitted by individual applicants if that recommendation moves forward.    As most on this WG already know well , the biggest risk associated with name collisions is not just arriving at the wrong site outside your server and is not a question of “threat to human life” (the only reporting requirement from 2012), it is rather the fact that the user can be intercepted on the way by phishing and other scams that defraud consumers.  (See attached study.)
> 
> 90 day controlled interruption is not an answer to this risk.  Leaving the mitigation of this risk to individual negotiation between the registries and ICANN org on a string-by-string basis is also not an answer to this risk.
> 
> Thank you,
> Anne
> 
> From: Jeff Neuman [mailto:jeff.neuman at comlaude.com <mailto:jeff.neuman at comlaude.com>]
> Sent: Thursday, March 7, 2019 7:33 AM
> To: Aikman-Scalese, Anne <AAikman at lrrc.com <mailto:AAikman at lrrc.com>>; gnso-newgtld-wg at icann.org <mailto:gnso-newgtld-wg at icann.org>
> Subject: RE: Subsequent Procedures Working Group - Name Collisions covered in SubGroup B today
> 
> [EXTERNAL]
> Anne,
> 
> I want to try to be as clear as possible as to what I said because I believe it may not have come across well.
> 
> Yes, the Board has accepted the recommendations of SAC 90 and in doing so has referred certain work to us.  With respect to Recommendation 4, it states “The SSAC recommends that ICANN complete this work before making any decision to add new TLD names to the global DNS.” (Emphasis added)
> 
> You have interpreted “this work” to mean the work of the NCAP, but that is not the case.
> “This Work” refers to Recommendations 1-3 which does not say anything about the NCAP study.  Granted that if the NCAP study were to be done, it would include Recommendations 1-3, plus a whole lot more.  BUT, there are a number of other ways that Recommendations 1-3 could be implemented which involve work separate and apart from the NCAP study if the NCAP study were further delayed or never happens.  For example, I believe that there are some sections of the Initial Report of our group that address some of the recommendations.
> 
> I hope this is a little more clear.
> 
> 
> Jeff Neuman
> Senior Vice President
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> From: Gnso-newgtld-wg <gnso-newgtld-wg-bounces at icann.org <mailto:gnso-newgtld-wg-bounces at icann.org>> On Behalf Of Aikman-Scalese, Anne
> Sent: Tuesday, March 5, 2019 1:49 PM
> To: gnso-newgtld-wg at icann.org <mailto:gnso-newgtld-wg at icann.org>
> Subject: [Gnso-newgtld-wg] Subsequent Procedures Working Group - Name Collisions covered in SubGroup B today
> Importance: High
> 
> 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
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