[Gnso-newgtld-wg] Notes on Registry Services
Aikman-Scalese, Anne
AAikman at lrrc.com
Thu Sep 5 21:37:33 UTC 2019
Thanks Jeff. I have followed up with the IPC pursuant to the "Action Item" from the call.
My understanding is that RSEP jurisdiction includes proposing new services and involves a 15 day "preliminary determination" period. If ICANN org determines that the registry service does not involve significant Security and Stability implications or raise "significant competition issues" , the proposed new service can remain "confidential" and the Registry Operator is free to deploy the new service after the 15 day period when ICANN determines no such issues are involved. Hence, if I were a registry, I would rather have that discussion and determination made with ICANN Org than via public comment. A description of the RSEP “preliminary determination” process is pasted below along with a link to the RSEP “workflow”. Please let me know if the text on the ICANN website is somehow incorrect.
https://www.icann.org/en/system/files/files/rsep-process-workflow-14jun19-en.pdf
Preliminary Determination by ICANN Org described in RSEP Procedures here:
2.4 Preliminary Determination Period
Following written notification by Registry Operator to ICANN that Registry Operator may make a change in a Registry Service within the scope of the preceding paragraph:
ICANN shall have 15 calendar days to make a "preliminary determination" whether a Registry Service requires further consideration by ICANN because it reasonably determines such Registry Service: (i) could raise significant Security or Stability issues or (ii) could raise significant competition issues.
Registry Operator must provide sufficient information at the time of notification to ICANN that it may implement such a proposed Registry Service to enable ICANN to make an informed "preliminary determination." Information provided by Registry Operator and marked "CONFIDENTIAL" shall be treated as confidential by ICANN. Registry Operator will not designate "CONFIDENTIAL" information necessary to describe the purpose of the proposed Registry Service and the effect on users of the DNS.
ICANN may seek expert advice during the preliminary determination period (from entities or persons subject to confidentiality agreements) on the competition, Security or Stability implications of the Registry Service in order to make its "preliminary determination." To the extent ICANN determines to disclose confidential information to any such experts, it will provide notice to Registry Operator of the identity of the expert(s) and the information it intends to convey. For Security or Stability implications, ICANN may draw an expert from the Registry Services Technical Evaluation Panel described in 2.4(F) below.
If ICANN determines during the 15 calendar day "preliminary determination" period that the proposed Registry Service, does not raise significant Security or Stability (as defined in Sections 1.3 and 1.4), or competition issues, Registry Operator shall be free to deploy it upon such a determination.
If the implementation of a proposed service requires a material change to a Registry Agreement, the preliminary determination will be referred to the ICANN Board (See RSEP Implementation Notes Step 5).
Anne
-----Original Message-----
From: Jeff Neuman <jeff.neuman at comlaude.com>
Sent: Thursday, September 5, 2019 1:28 PM
To: Aikman-Scalese, Anne <AAikman at lrrc.com>; Rubens Kuhl <rubensk at nic.br>; gnso-newgtld-wg at icann.org
Subject: RE: [Gnso-newgtld-wg] Notes on Registry Services
[EXTERNAL]
Anne,
Please listen to the call last night. I spent a lot of time on the basics of what are Registry Services, what is the Application RSTEP, vs. what is an RSEP for an existing registry/already delegated registry.
As we discussed last night, if we state that all new applications that propose Registry Services (other than the Pre-Approved Services) go through the same process that existing registries go through to introduce new Registry Services, then all Registry Services that should go out for Public Comment will go out for Public Comment prior to being approved. If a new applicant does not want to get those services approved prior to its signing an agreement with ICANN, that is fine. But if it applies for the new service after their contract is signed, they will have to go through the then-current RSEP process (like all existing registries). Those services that would be put out for public comment under that RSEP process, would also be put out for public comment. In other words, we are treating the new entrants the same as the existing registries. This is critical as we do not want to stiffly innovation or make it harder for the new players than for the 1200+ incumbent TLDs.
Jeff Neuman
Senior Vice President
Com Laude | Valideus
D: +1.703.635.7514
E: jeff.neuman at comlaude.com<mailto:jeff.neuman at comlaude.com>
-----Original Message-----
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: Thursday, September 5, 2019 2:24 PM
To: Rubens Kuhl <rubensk at nic.br<mailto:rubensk at nic.br>>; gnso-newgtld-wg at icann.org<mailto:gnso-newgtld-wg at icann.org>
Subject: Re: [Gnso-newgtld-wg] Notes on Registry Services
Thanks Rubens. I was also unable to attend last night's call but will listen later on.. Regarding the moment of disclosing registry services, the disagreement in Work Track 4 was over whether the 2012 AGB application form (Questions 18 Purposes and 23 Services taken together) required disclosure of all services the applicant intended to render. I believe a clear reading of the application says that ALL services intended to be rendered would need to be disclosed for public comment and evaluation. (Disclosing all services ultimately helps evaluate the purpose of the TLD.)
I believe that the notion that an applicant can "skate through" by mentioning only the pre-approved services (and getting a faster approval for delegation by doing so) and then waiting to apply for the RSEP process later actually DECREASES transparency in the evaluation process and lessens the opportunity for public comment. In the trade-off between (1) transparency for public comment purposes and (2) keeping business plans confidential at the time of application, I would favor transparency. (I know RSEP may, in some cases, be subject to public comment but I don't think the public is really watching at that time.)
Others may have different opinions, but to my mind, it's clear that Question 23 of the 2012 Application calls for the applicant to list all proposed registry services and that is the fallback.
Thank you,
Anne
-----Original Message-----
From: Gnso-newgtld-wg <gnso-newgtld-wg-bounces at icann.org<mailto:gnso-newgtld-wg-bounces at icann.org>> On Behalf Of Rubens Kuhl
Sent: Wednesday, September 4, 2019 12:57 PM
To: gnso-newgtld-wg at icann.org<mailto:gnso-newgtld-wg at icann.org>
Subject: [Gnso-newgtld-wg] Notes on Registry Services
[EXTERNAL]
Since I'm not sure I'll be able to join the call in a few hours that will discuss registry services, I will post here some WT4 and RA context regarding some of the comments:
- GPML
When this topic was being discussed in WT4, the then-current draft of what currently is the Fast-Track RSEP process (https://www.icann.org/resources/pages/fast-track-rsep-process-authorization-language-2019-06-14-en) included protected marks list services, but not mentioned as GPML. I used GPML as a token to represent that in order to avoid personalising to one specific registry that is known for providing such PML services... if that list was to be updated, it would read (BTAPPA, Registration Validation per Applicable Law, Registry Lock, IDN Languages) instead of (IDN Languages, GPML, BTAPPA), so one decision for the WG is whether to update the list or to remove the list altogether, since the idea is to reference the Fast-Track process anyways.
(This also covers a couple suggestions to add Registration Validation to that list)
- Pre-approved services
All 2012 registry agreements include a set of pre-approved services that are basic to registry operation, like DNS publication, accepting registrations etc.; so, the discussion is whether this list can be increased, not if such a list could exist. It already exists.
- Disclosure of new services
In 2012, there was no blocking in the registry agreement to use RSEPs later during the life of the TLD, and the RSEP site contains a number of RSEPs that were approved and incorporated new services into the registry agreements. Since revising the RSEP policy is outside of the WG purview, no SubPro policy can have any effect on that freedom of innovation. We can write anything someone wants in the SubPro policy and that won't change.
- ICANN Org interpretation
It seems ICANN Org misinterpreted the idea of pre-approved services; pre-approved services means that no registry service evaluation will be made for them, and any evaluation of those services could only happen in other contexts like Technical/Operational evaluation. It's not just a change of label for the process, it's not evaluating those services at all from a registry services perspective, but indeed possibly considering them in other angles of the evaluation.
- Overload of RSEP acronyms
Because RSEP is used to imply Registry Services Evaluation Procedure, Evaluation Process or Evaluation Policy depending on reference, the term is very loaded to the point that some comments said RSEP Policy shouldn't be changed. The use of RSEP in the WT4 output refers to the process, not to the policy that is used to evaluate new registry services after a TLD is contracted with ICANN.
- Moment of registry service evaluation
What's currently in the draft was an attempt to have the more transparency and freedom of innovation as possible in the application, by allowing services that would only be applied after contract signing to be described by the applicant. Taking that out only causes less transparency; the more information is published, the more something can trigger application comments or objections.
Rubens
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