[Gnso-newgtld-wg] Notes and Action Items - New gTLD Subsequent Procedures PDP WG - 13 March 2019

Jeff Neuman jeff.neuman at comlaude.com
Wed Mar 20 13:07:20 UTC 2019

Thanks Anne for the comments.   We will discuss further on the call on Monday.  I do agree that Consensus Calls are from the full Working Group deliberations and not the Work Tracks.  But the discussions of the Work Track along with the public comments are all relevant for discussion points and for assisting with Consensus Determinations.  We don't just throw all of that out and start over.

With respect to guidelines as to how Cheryl and I will determine consensus, we will give this some more thought, but for anyone that thinks that we are going to come up with a solid formula or objective test, I don't want to set expectations.  It is a qualitative analysis and the only guidelines we have are those cited below by Anne.  If Cheryl or I were to add any requirements, then that would get criticized for being inconsistent with the guidelines.  At the end of the day, this is a subjective call by Cheryl and I which we will review with the group and for which the Working Group has the ability to question.  We are going to do our best, but at the end of the day, we are humans and by our very nature are not infallible.

Jeff Neuman
Senior Vice President

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From: Gnso-newgtld-wg <gnso-newgtld-wg-bounces at icann.org> On Behalf Of Aikman-Scalese, Anne
Sent: Tuesday, March 19, 2019 6:43 PM
To: Rubens Kuhl <rubensk at nic.br>; gnso-newgtld-wg at icann.org
Subject: Re: [Gnso-newgtld-wg] Notes and Action Items - New gTLD Subsequent Procedures PDP WG - 13 March 2019

I agree that public comment is not the measure of Consensus under WG Guidelines.  However, neither is the strict counting of the "majority".  As Jeff has pointed out many times, Consensus is measured qualitatively, not quantitatively.  The Guidelines (pasted below) are NOT a matter of getting "hung up on terminology used in the triage".  Our goal is Consensus Call in about three months, so we had better have a good understanding as to how these recommendations are currently being characterized in relation to consensus  - since Leadership has the ultimate responsibility of designating the level of Consensus (or Consensus against), which is then put out to the full WG for feedback as to whether the WG members agree with the Consensus level designations pursuant to 3.6 of the WG Guidelines.   In fact, that is the very purpose for which we are reviewing these summaries, in preparation for the formal determination of Consensus.

In the example of our "test case" from the third F2F in Kobe re "autofill", we can move the ball forward by gauging how the WG can get to Full Consensus rather than repeatedly arguing the position that the divergent comments made "don't make sense".  (For example, the way to get to Full Consensus might be to carve out the questions related to mission and purpose when it comes to "autofill".  Again, this is not a "new idea" to be delayed to some later policy-making effort. )  Other WG members, including Leadership, may have other "third alternatives' to get to Full Consensus, which is where we want to be if at all possible.

In this regard, it is inappropriate to site to Work Track determinations ("without any dissent") when in fact WG Members were told (when agreeing to an Initial Report with no Consensus Call)  that the Work Track recommendations, which did not include full WG participation, would not have any conclusive effect on Consensus determinations.  (There would be way too much "bootstrapping" going on if this were the method of proceeding.)

The present full WG deliberations are the relevant deliberations for determining Consensus pursuant to GNSO Working Group Guidelines.  The goal in the WG deliberations should be to get to Full Consensus wherever possible.  (That means compromise.)  Guidelines are pasted below for reference.  The levels are:  Full Consensus, Unanimous Consensus, Consensus, Strong support but significant opposition, and Divergence (No Consensus).  At this point, it seems pretty clear that each recommendation is going to require a Consensus Designation.  And it is definitely not too soon to have a preliminary discussion about those designations.

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From: Gnso-newgtld-wg [mailto:gnso-newgtld-wg-bounces at icann.org] On Behalf Of Rubens Kuhl
Sent: Tuesday, March 19, 2019 2:43 PM
To: gnso-newgtld-wg at icann.org<mailto:gnso-newgtld-wg at icann.org>
Subject: Re: [Gnso-newgtld-wg] Notes and Action Items - New gTLD Subsequent Procedures PDP WG - 13 March 2019


As Chair, for the record, this concept was supported by the Work Track that made this recommendation without any dissent prior to the Initial Report.  As far as the comments we got back, ICANN agreed with the recommendation, but expressed concern as to the complexity of implementing this. The only comment that disagreed was from the BC.  Neustar, Lemarit, Fairwinds and the BRG supported the recommendation.

I would like to highlight this point from Jeff but generalize it: I noticed some remarks in the list and in our meetings mentioning that recommendation X got Y comments against ; the point is that those recommendations have either no or little dissent to be put out as general agreements, while the ones with some dissent were made as questions in the initial report. So saying that a majority/all commenters were against makes for a bit of dissent, not for a majority, since that point already had significant support in the respective WTs.

And while we did have some agreeing comments, people are more likely to express themselves in disagreement... so it's not surprising that the overall trend of comments would be against. If those dissents convince the WG to change those recommendations it will be exactly because the WG has then moved its position, not because the share of the comments.



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