[Gnso-newgtld-wg] Community Priority Evaluations Review of Supplementary Guidelines
Kavouss Arasteh
kavouss.arasteh at gmail.com
Fri Oct 11 18:55:53 UTC 2019
Dear Jeff,
Deal All, Thanks to those worked hard and contributed to the Note issued by
Jeff,
In the light of the prevailing circumstances, I think what is suggested
makes sense and everybody is kindly invited to proceed with the review
process as suggested in paragraphs 1 &2 above.
Regards
Kavouss
On Fri, Oct 11, 2019 at 7:11 PM Alexander Schubert
<alexander at schubert.berlin> wrote:
> Dear working group;
>
> I second Jamie's concerns.
>
> Thanks,
>
> Alexander
>
>
>
> Sent from my Samsung device
>
>
> -------- Original message --------
> From: Jamie Baxter <jamie at dotgay.com>
> Date: 10/11/19 19:41 (GMT+02:00)
> To: 'Jeff Neuman' <jeff.neuman at comlaude.com>, 'Emily Barabas' <
> emily.barabas at icann.org>, gnso-newgtld-wg at icann.org
> Subject: Re: [Gnso-newgtld-wg] Community Priority Evaluations Review of
> Supplementary Guidelines
>
> Good afternoon Working Group members
>
>
>
> *On the last call regarding Community Applications, everyone was asked to
> review the EIU’s CPE Guidelines to see if there are any items that need
> further scrutiny before being added into the AGB for subsequent procedures.
> *
>
>
>
> *My apologies for the length of this response, but hopefully these notes
> help provide insight on how the AGB language was interpreted from a
> Community Applicant perspective, and what things continue to need further
> clarification before the next AGB is published.*
>
>
>
> *1-A Delineation*
>
>
>
> *Page 4: “Delineation”*
>
> *The non-exhaustive list the EIU added into the CPE guidelines that
> denotes elements of straight-forward member definitions contains a clear
> bias towards professional and trade communities. The AGB did not carry this
> kind of bias, and it would be a concern if the next AGB projected this kind
> of bias around delineation, especially since many linguistic and cultural
> communities are straight-forward in the eyes of their members but do not
> use a membership card system. *
>
>
>
> *Can review be done to determine what other forms of delineation were
> accepted in CPE scoring from all community applications in the 2012 round?
> And can those examples be included in the examples already noted by the
> EIU? *
>
>
>
> *2-A Nexus*
>
>
>
> *“Identify”*
>
> *The AGB very clearly states that “”identify” means that the applied for
> string closely describes the community or the community members,” providing
> two distinct paths to establish if an applied for string identifies the
> community. These paths are not interconnected or contingent on one another
> in the AGB, but instead suggest separate routes to establishing nexus.*
>
>
>
> *My interpretation of this AGB language is that an applicant can select a
> string that is a known identifier of the community, or a string that
> identifies the specific members of that community. Additionally, no rule is
> placed on the “known identifier of the community” as needing to be the only
> identifier of that community. *
>
>
>
> *The AGB additionally provides two examples to help illustrate the
> definition of “identity” for each of the possible paths.*
>
>
>
> *1. As an example, a string could qualify for a score of 2 if it is a
> noun that the typical community member would naturally be called in the
> context. (AGB, Pg 197)*
>
> *2. If the string appears excessively broad (such as, for example, a
> globally well-known but local tennis club applying for “.TENNIS”) then it
> would not qualify for a 2. (AGB, Pg 197)*
>
>
>
> *What the AGB does not do with these examples is suggest that both paths
> must be successfully maneuvered in order to achieve 2 points. The
> definition of “identify” in the AGB suggests the applicant had the choice
> to design their application around a name of the community (TENNIS
> community), or the member attributes in the community (TENNIS players,
> TENNIS coaches, etc).*
>
>
>
> *This is clearly noted in example 1 where 2 points were achieved when it’s
> confirmed the string identifies the actual community members. The second
> example denying 2 points for .TENNIS however does not further elaborate on
> how 2 points could have been achieved in the case of describing the TENNIS
> community. *
>
>
>
> *The second example could suggest that if an internationally recognized
> tennis club applied for .TENNIS instead of a local tennis club, for use
> among those in the wider TENNIS community (broadcasters, networks, physical
> therapists, vendors, fans, etc – all tertiary parts of the community that
> also have other identifiers), then it could have been successful on the
> path of “closely describes the community.” When the average person thinks
> of the TENNIS community they could reasonably include the list above, yet
> these participants in the TENNIS community may not identify naturally with
> the word TENNIS (i.e. a tennis broadcaster that also covers football).*
>
>
>
> *Although the EIU’s CPE guidelines are silent on establishing further
> clarity around the AGB language related to the two paths to “identify,” the
> practice of the EIU did not align with the flexibility of the AGB. The EIU
> appears to have conflated the two distinct paths as one and made them both
> requirements under the definition of “identity,” or at least imposed the
> requirement that the string be a term the community members naturally call
> themselves. This may have happened because the two examples outlined above
> run sequentially in the AGB, causing confusion without distinction.*
>
>
>
> *Given the unfortunate implementation route taken by the EIU, it should be
> more clear in the AGB what is meant by “identify means that the applied for
> string closely describes the community or the community members.” I believe
> it offers two separate paths to success for community applicants, one based
> on a widely used and identifiable name of the community (known by those
> inside & outside the community) and the other based on the identity of the
> actual members in the community.*
>
>
>
> *4-B Opposition*
>
>
>
> *“Relevance” *
>
> *As discussed on the last call, guidance for “relevance” in 4-B must
> include a balance of opposition in relation to documented support, and not
> just an isolated determination of whether the opposing entity is part of
> the community explicitly or implicitly addressed. One misaligned community
> member/entity should not have the power to impact CPE scores of a largely
> aligned community, yet that was the EIU’s interpretation and practice in
> the 2012 round. *
>
>
>
> *To illustrate this point, if an applicant has hundreds of organizations
> from around the world supporting an application, and those endorsements
> represent the voices of tens of thousands of other local and regional
> organizations, then an expression of opposition from one single, small and
> even locally based organization from within the defined community among the
> thousands globally expressing support should not be able to put 1 of the 2
> CPE points for this criteria in jeopardy.*
>
>
>
> *Cheers*
>
> *Jamie*
>
>
>
> *Jamie Baxter*
>
> *dotgay LLC*
>
> *jamie at dotgay.com <jamie at dotgay.com>*
>
> *www.dotgay.com <http://www.dotgay.com/>*
>
>
>
> *A Certified LGBT Business Enterprise (LGBTBE)*
>
>
>
> *Please join us on Facebook at www.facebook.dotgay.com
> <http://www.facebook.dotgay.com/>*
>
> *and follow us at www.twitter.com/dotgay <http://www.twitter.com/dotgay>*
>
>
>
>
>
>
>
>
> *From: Gnso-newgtld-wg [mailto:gnso-newgtld-wg-bounces at icann.org
> <gnso-newgtld-wg-bounces at icann.org>] On Behalf Of Jeff NeumanSent:
> Thursday, October 10, 2019 2:54 PMTo: Emily Barabas;
> gnso-newgtld-wg at icann.org <gnso-newgtld-wg at icann.org>Subject:
> [Gnso-newgtld-wg] Community Priority Evaluations Review of Supplementary
> Guidelines*
>
>
>
> *All,*
>
>
>
> *I would hope that everyone reads all of the notes sent out on each of the
> meetings carefully, but just in case, I want to draw your attention to one
> of the biggest action items that arose as a result of our call this morning
> (Wednesday night for those in the US). In addition, I would like to pose a
> question for consideration by the Working Group.*
>
>
>
> 1. *“ACTION ITEM: WG members will go through the guidelines and flag
> anything they think should not be incorporated into the AGB for subsequent
> procedures. See guidelines at:
> https://newgtlds.icann.org/en/applicants/cpe/guidelines-27sep13-en.pdf
> <https://newgtlds.icann.org/en/applicants/cpe/guidelines-27sep13-en.pdf>”*
>
>
>
> *One of the universal criticisms about the CPE process was that there were
> additional rules and guidelines that were adopted by the CPE Evaluators
> (EIU) after all of the applications were submitted. The Working Group will
> most likely be recommending that all rules be set forth in the Applicant
> Guidebook or at the very latest prior to the Application Window opening
> up. That message has been delivered loud and clear.*
>
>
>
> *Something that can help, however, would be if the Working Group could
> review the CPE Guidelines that were developed by EIU (at the link above) to
> see if those Guidelines make sense and whether those Guidelines or
> something similar to those Guidelines could be formally adopted as part of
> our recommendations. Putting aside the fact that these came after
> applications were submitted, many of the Guidelines make sense. If we
> formally approve them, then this will go a long way to helping potential
> applicants understand how CPE evaluations will work.*
>
>
>
> 1. *Clarifying Questions and CPE: A second item which looks likely to
> be a recommendation will be that CPE Evaluators should utilize the CQ
> process (Clarification Questions process) to seek clarifications (but not
> new material) from the applicant on items where it has questions or
> issues. However, would it also be advisable for the CPE Evaluators to be
> able to send CQs to those that oppose a community application (and that
> have submitted letters of opposition)? In other words, CPE Evaluators can
> ask those that oppose the application questions about themselves and how
> representative they are. They can drill down on details about what it is
> that they oppose, etc. Those on the call thought this may be a good idea
> to help weed out frivolous letters of opposition or also emphasize the
> opposition of real entities, persons and communities. *
>
>
>
> *We believe these should be non-controversial, but would like to input
> other than that which we got on the call.*
>
>
>
> *Best regards,*
>
>
>
> *Jeff Neuman*
>
> *Senior Vice President *
>
> *Com Laude | Valideus*
>
> *D: +1.703.635.7514*
>
> *E: jeff.neuman at comlaude.com <jeff.neuman at comlaude.com>*
>
>
>
>
>
>
> *From: Gnso-newgtld-wg <gnso-newgtld-wg-bounces at icann.org
> <gnso-newgtld-wg-bounces at icann.org>> On Behalf Of Emily BarabasSent:
> Thursday, October 10, 2019 7:16 AMTo: gnso-newgtld-wg at icann.org
> <gnso-newgtld-wg at icann.org>Subject: [Gnso-newgtld-wg] Notes and Action
> Items - New gTLD Subsequent Procedures PDP WG - 10 October 2019*
>
>
>
> *Dear Working Group members,*
>
>
>
> *Please see below the notes from the meeting on 10 October 2019. These
> high-level notes are designed to help WG members navigate through the
> content of the call and are not a substitute for the recording, transcript,
> or the chat, which will be posted at:
> https://community.icann.org/display/NGSPP/2019-10-10+New+gTLD+Subsequent+Procedures+PDP
> <https://community.icann.org/display/NGSPP/2019-10-10+New+gTLD+Subsequent+Procedures+PDP>.*
>
>
>
> *On the call, it was suggested that guidelines used by CPE evaluators in
> the 2012 round should be incorporated into the Applicant Guidebook in
> subsequent procedures to improve predictability. Please see the notes below
> for details. As a follow up to the action item below, WG members are
> encouraged to review the 2012 CPE guidelines
> (https://newgtlds.icann.org/en/applicants/cpe/guidelines-27sep13-en.pdf
> <https://newgtlds.icann.org/en/applicants/cpe/guidelines-27sep13-en.pdf>)
> and raise on the mailing list if there are elements of the guidelines that
> they believe should not be incorporated into the AGB.*
>
>
>
> *Kind regards,*
>
> *Emily*
>
>
>
>
>
>
>
> *Notes and Action Items:*
>
>
>
> *Action Item: *
>
>
>
> *ACTION ITEM: WG members will go through the guidelines and flag anything
> they think should not be incorporated into the AGB for subsequent
> procedures. See guidelines at:
> https://newgtlds.icann.org/en/applicants/cpe/guidelines-27sep13-en.pdf
> <https://newgtlds.icann.org/en/applicants/cpe/guidelines-27sep13-en.pdf>*
>
>
>
>
>
> *Notes:*
>
>
>
> *1. Welcome and Update to Statements of Interest *
>
> - *No SOI updates*
>
>
> - *Following up on Monday’s call, there is a revised chart available
> on appeals. Please add questions and comments to the draft for discussion
> on the email list. The chart is available at:
> https://docs.google.com/spreadsheets/d/1R4eU7C-HI5ikF5RtVhp5JRXKVVRn6R8WX8fIU0IOwu8/edit?usp=sharing
> <https://docs.google.com/spreadsheets/d/1R4eU7C-HI5ikF5RtVhp5JRXKVVRn6R8WX8fIU0IOwu8/edit?usp=sharing>*
>
>
>
> *2.a. Community Applications*
>
> - *Policy Goals are high-level and non-controversial. High-Level
> agreements so far: The Community Priority Evaluation (CPE) process must be
> more transparent and predictable; All evaluation procedures should be
> developed BEFORE the application process opens and made easily and readily
> available.*
> - *CCT-RT Recommendation 34 also suggests making improvements to
> address concerns raised about community applications before going forward
> with subsequent procedures.*
> - *Guidelines developed by the evaluators have not been discussed in
> depth by this group, other than the fact that they were made available late
> in the process. Key point raised in the public comments -- information
> contained in the guidelines needs to be available to applicants before
> applications are submitted. *
> - *Would it make sense to put some of the guidelines developed by the
> evaluators into the Applicant Guidebook?*
> - *Were there things in the guidelines, other than those detailed in
> the public comments, which were problematic?*
> - *ACTION ITEM: WG members will go through the guidelines and flag
> anything they think should not be incorporated into the AGB for subsequent
> procedures. See guidelines at:
> https://newgtlds.icann.org/en/applicants/cpe/guidelines-27sep13-en.pdf
> <https://newgtlds.icann.org/en/applicants/cpe/guidelines-27sep13-en.pdf>*
> - *By including guidelines in the AGB, there would be greater
> predictability for applicants and also greater clarity for future
> evaluators.*
> - *As a community applicant, there was a lot left open for
> interpretation in the 2012 AGB. As a result, an applicant’s interpretation
> of the guidebook may have been different from what the evaluators took away
> when they developed their guidelines. This resulted in a discrepancy that
> should not exist in subsequent procedures.*
> - *Review of suggestions in the public comments on improving
> transparency and predictability of the CPE process. *
> - *Review of comments on the definition of community. *
> - *One WG member disagrees with the way the EIU further restricted the
> definition of community in its guidelines, and suggests that this is not
> incorporated into the AGB going forward. Specifically, the EIU prioritized
> those that had a structured system to the community -- institutionalized or
> industry-related organizations would therefore be higher priority.*
> - *Suggestion - what if ICANN community members served as CPE
> panelists? They might better understand the definition of community from
> the ICANN perspective. ALAC advised in their public comments that members
> of grassroots organizations should serve as panelists.*
> - *Response - Different members of the ICANN community might
> understand the definition differently. ICANN never provided a clear
> definition. ICANN was relying on the scoring to delineate who should get
> priority rather than having a specific definition. *
> - *In selecting an entity to do the evaluations, ICANN was looking for
> expertise in doing this type of evaluation with independence, but as a
> result the evaluators may not have as much perspective on what ICANN was
> trying to achieve. Members of the ICANN community come in with their own
> biases. Could community members perhaps have some kind of advisory role
> instead? *
> - *The choice of evaluators may have impacted the way they approached
> the evaluation process. EIU has an economic focus. *
> - *Further review of suggestions for improving transparency and
> predictability of the CPE process in relation to the preliminary
> recommendation that the CPE process must be more transparent and
> predictable.*
> - *Conflict of interest provisions discussed previously should be
> applicable to all panelists, including those conducting CPE. This will
> address public comments that raised concerns about conflict of interest.*
> - *Comment - it is very important that one “naysayer” does not
> prevent an application from moving forward. There needs to be substantial
> opposition. *
> - *Suggestion for an additional WG Recommendation: If there was
> research relied on for the decision it should be cited and a link to the
> information provided. This is based on comments from Jaime Baxter, ALAC,
> and NCSG.*
> - *Some have commented that the costs of the process should be lower
> and that the process should be quicker. Suggestion for an implementation
> note stating ICANN staff should examine ways to make the process more
> efficient in terms of cost and timing. It may be difficult to be more
> detailed since ICANN Org is in the best position to evaluate how to
> increase efficiencies. *
> - *Comment - At this stage, ICANN Org should be better able to scope
> the task with a service provider and set clear expectations. The service
> provider should be responsible for remaining within budget. *
> - *Review of public comments on preliminary recommendation: CPE
> evaluations should be completed in a shorter period of time.*
> - *Review of public comments on preliminary recommendation: All
> evaluation procedures should be developed BEFORE the application process
> opens and made easily and readily available.*
> - *Review of public comments on preliminary recommendation: The CPE
> process should include a process for evaluators to ask clarifying questions
> and where appropriate engage in a dialogue with the applicant [and
> providers of letters of opposition?] during the CPE process. ICANN org
> raised concerns about potential lobbying and lack of transparency that
> could result from this type of engagement. Perhaps panelists could ask
> clarifying questions in written format --- all materials would be publicly
> available. The opportunity would be equally available to all parties to
> ensure that the process is fair. *
> - *Preliminary Recommendation about dialogue between evaluators and
> relevant parties will be revised and included as a draft recommendation for
> the WG to consider further.*
> - *One WG member stated that community applicants can’t change their
> application, and that the opportunity for dialogue won’t change the
> application. It simply provides an opportunity for the applicant to
> illustrate key points so that the evaluators understand the application.
> There is little room for lobbying from this perspective. *
> - *Response -- by putting everything in writing, there is still this
> opportunity to clarify, and there is greater transparency.*
> - *Additional question - should the panelists be able to send
> clarification questions to those filing opposition letters? One member
> expressed support for this proposal. It may help to bring greater clarity
> to understanding the legitimacy of the opposition. It’s important to be
> clear that this is not about community-based objections but about
> opposition to community-based applications.*
> - *Review of public comments on preliminary recommendation: Less
> restrictive word count for communities to engage in clarifying and
> providing information. ALAC expressed opposition to this recommendation. *
> - *It may be helpful to do some additional research on the existing
> word count restrictions, but there did not seem to be much support for
> increasing limits on word count.*
> - *Review of ALAC comment on providing access to experts to assist
> communities, particularly those from underserved regions in preparing
> applications in order to level the playing field. Suggestion to link this
> comment to the topic Applicant Support. *
> - *Review of comments on potentially providing alternative benefits if
> an applicant scored below the threshold.*
> - *Review of suggested changes to evaluation criteria or
> weight/scoring of criteria -- in particular, discussion of the comment that
> if opposition is expressed, it must be examined in the big picture and
> weighed against the volume of support. There should be a balance.*
> - *Discussion of suggestion in the public comments that there should
> be addition criteria around benefit to registrants -- perhaps there could
> be a form of “extra credit” granted to applicants that help or solve a
> problem inside a community. This could come in the form of bonus points. It
> might address some of the public comments from the Council of Europe, as
> well. *
> - *Clarification - this is already a requirement of the application,
> however it was not translated into the scoring criteria. It was
> incorporated into the contract as a commitment to the community. It would
> make sense for this to part of the scoring criteria.*
> - *Review of comments on whether there should continue to be
> preferential treatment for community applications -- there is general
> support for this concept. NCSG expressed concern about the definition of
> community. Registrars would like to eliminate the concept of community.*
> - *Review of comments on the Council of Europe report. *
> - *Review of comments in response to the question - to what extent
> should evaluators be able to deviate from pre-published guidance and
> guidelines? *
> - *Additional comment raised by a WG member -- any requirements about
> letters of support should be clear and transparent up front. *
> - *Review of additional considerations on selection of panelists and
> program goals raised by the Council of Europe. *
> - *Note that ICANN is currently examining the concept of Global Public
> Interest which may be responsive to the Council of Europe’s comments on
> this topic.*
>
> *3. AOB*
>
> - *None.*
>
>
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