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

Aikman-Scalese, Anne AAikman at lrrc.com
Thu Mar 28 22:29:24 UTC 2019

Thanks Jeff - your summary below makes sense, except that I was operating under the assumption that the next round will have an IRT.  It sounds as though you are saying that GNSO Council may choose (by a vote I guess) not to constitute an IRT to guide implementation of the next round. ( It seems the current version of the Consensus Policy Implementation Framework would permit GNSO Council to forego the IRT.)

I wonder if others in the Working Group assume an IRT will be available to assist with and resolve implementation issues.   This is important since an IRT normally has broad community representation.   But perhaps the reason staff public  comment was  keen to have us clarify that they are authorized to resolve any issues arising during implementation was because they know they may not have an IRT available.

If we are going so far as to recommend a standing IRT at some point in the next round, it cannot be outside our jurisdiction to recommend that GNSO institute an IRT in connection with the Implementation Phase .   (I thought I saw "constituting an IRT" on the  timeline that you shared with the GAC but maybe I am just dreaming.   Can you please send us all that timeline?)

The two questions discussed on our call were whether an IRT can have input into (1) the types of change requests that need public comment and (2) the drafting of the Applicant Guidebook.  These questions pale in comparison to the general procedural question as to whether or not we recommend an IRT be constituted.

I can say without a doubt as an active member of the Policy & Implementation Working Group that throughout those discussions,  it was recognized that staff would be able to bring implementation issues to  IRT members and that IRT members would  be able to bring implementation issues to Council's attention if necessary - specifically  for consideration as to whether the issue raised during implementation might require the new formal procedures we were recommending, especially  GNSO Input or GNSO Guidance , both now contained in the Annexes to the PDP Manual.  (You may recall this  process arose because GNSO Council objected, in the form of a letter authored by you and sent to the ICANN Board, to Fadi Chehade's characterization of the "Strawman Solution" protecting IP rights as "implementation", not policy.  In other words, the "Strawman Solution" was an ICANN org decision that GNSO Council objected to strenuously.  The letter said to the Board, "if you are going to change policy like that, you have to come back to the Council.)

Bottom line: If there is an IRT, proper questions will be raised during implementation and the drafting of the revised Applicant Guidebook.    You seem to be saying there may not be an IRT for implementation of changes for the next round and you are apparently also saying this WG cannot recommend to Council that an IRT be constituted, that such a recommendation would  somehow be "outside our jurisdiction".    (That suggestion as to jurisdiction, again, is quite strange given we ARE recommending a Standing IRT for a later  phase.)

I guess we have never asked for public comment on the issue of whether or not we should be recommending that the GNSO institute an IRT in the implementation phase.   Some public commenters could well have been confused into believing that the "general agreement" on the recommended Standing IRT would be as a continuation of the Implementation Phase IRT.
From: Gnso-newgtld-wg [mailto:gnso-newgtld-wg-bounces at icann.org] On Behalf Of Jeff Neuman
Sent: Thursday, March 28, 2019 6:20 AM
To: gnso-newgtld-wg at icann.org<mailto:gnso-newgtld-wg at icann.org>
Subject: [Gnso-newgtld-wg] Our Policy Work and a subsequent PDP Implementation Review Team


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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