[Gnso-newgtld-wg] Our Policy Work and a subsequent PDP Implementation Review Team

[Jeff Neuman]

During the Call this week, some questions arose regarding our role vis a vis an eventual PDP Implementation Review Team (IRT) that may be established once our work is completed and approved by the GNSO Council.  This issue has been discussed with and reviewed by Elsa and Flip (our GNSO Council Liaisons).

The role of the IRT is as laid out in the Consensus Policy Implementation Framework (https://www.icann.org/uploads/ckeditor/CPIF_v2.0_2019CLEAN.pdf) (CPIF). A PDP IRT is intended to support ICANN's Global Domains Division (GDD) in implementation without revisiting policy discussions. More specifically, an IRT, if convened by the GNSO Council, "serve[s] as a resource to implementation staff on policy and technical questions that arise."  This is also described in Annex L of the GNSO Policy & Implementation Working Group Final Recommendations Report ( https://gnso.icann.org/en/issues/policy-implementation/piwg-final-recommendations-01jun15-en.pdf).

The CPIF makes it clear that GDD manages the implementation.  An IRT, if constituted, will review the work of GDD it in the spirit of how the PDP intended the recommendations to be. Our role as the PDP WG is to develop detailed policy recommendations.  In addition to policy recommendations, we have the ability to recommend "implementation guidance" as the PDP Working Group.  Implementation Guidance, as discussed on our call, are those areas where we want to create a strong presumption that GDD should implement our recommendation unless there is a compelling reason that they are unable to do so.  It is certainly stronger than a directive that GDD should "try" to implement our recommendations, but also leaves flexibility to an IRT and GDD staff to go in a different direction if necessary.

The specific question raised on the call involved a PDP IRT's role in drafting the actual language to be included in the Applicant Guidebook.  The short answer is that the Working Group Chairs, ICANN Policy Staff, and our GNSO Council Liaisons are if the opinion that this question is beyond the scope of our Working Group.  More precisely this will be an issue discussed by the GNSO Council and GDD if and when an IRT is established.  Our focus should be to create detailed policy recommendations (that ICANN/GDD MUST implement) and where appropriate, Implementation Guidance, that ICANN SHOULD implement in consultation with an IRT (if applicable).

***Please note that this relates to a PDP IRT and not to a potential Standing IRT discussed in our draft Predictability Model which, if adopted, would serve as a standing panel constituted after launch of the next round to assist with issues that arise after the launch.***

We hop this helps.  Huge thanks to Elsa and Flip for following up on this issue.

Best regards,

Jeff Neuman & Cheryl Langdon Orr
SubPro PDP Co-Chairs
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