[Gnso-newgtld-wg] [Ext] Re: Reminder: Deadline today, 16 June - Comments on Revised Draft Recommendations - Package 5

Wed Jun 17 13:08:17 UTC 2020

All,

Just some personal observations about Anne’s comment on Requests for Reconsideration vs. Appeals.  I do not agree with Anne that simple appeals of evaluation results or dispute results would be the proper subject for Requests for Reconsideration.  The Board can always argue that it relied on the judgement of the evaluators and therefore was “reasonable” in either adopting the evaluator or dispute providers decisions.

But even for arguments sake, lets say Anne is right that these can be subject to RfRs.  RFRs are considered by the ICANN Board.  Most of the ICANN Board members (if not all) have day jobs and cannot work on ICANN activities 100% of their time.  Moreover, they are not experts or specialists in every element of the new gTLD Program.

So lets say you fail the technical evaluation because the ICANN outside contractor evaluator (who presumably knows about registry operations, hardware software, EPP Protocols, RDAP, technology security plans, redundancy, server farms, DNS, DNSSEC, etc).  And lets assume that you failed the evaluation because you did not demonstrate an adequate understanding of RFCs 034, 1035, 1123, 1982, 2181, 2182, 3226, 3596, 3597, 4343, 5966 and 6891, or EPP RFCs 5910, 5730, 5731, 5732 (if using host objects), 5733 and 5734.   Do you really believe that these appeals should go to the ICANN Board?  Perhaps one or two Board members understand what that means, but the others?  Why would we burden the ICANN Board with those types of decisions?

Jeff Neuman
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Com Laude | Valideus
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From: Gnso-newgtld-wg <gnso-newgtld-wg-bounces at icann.org> On Behalf Of Justine Chew
Sent: Tuesday, June 16, 2020 11:42 PM
To: gnso-newgtld-wg at icann.org
Subject: Re: [Gnso-newgtld-wg] [Ext] Re: Reminder: Deadline today, 16 June - Comments on Revised Draft Recommendations - Package 5

Hi Rubens,

As I said, I was not entirely sure it was correct, and I now stand corrected, thanks. And I agree on the focus being the need for substantive review, which a RfR may indeed not be well-suited to achieve.

Kind regards,

Justine
---

On Wed, 17 Jun 2020 at 10:57, Rubens Kuhl <rubensk at nic.br<mailto:rubensk at nic.br>> wrote:

On 16 Jun 2020, at 23:00, Justine Chew <justine.chew at gmail.com<mailto:justine.chew at gmail.com>> wrote:

Rubens,

"Except for RSP Evaluation, all the other evaluations existed in 2012, and all of them were done by outside contractors, not ICANN itself."

I'm not entirely sure this is correct. I seem to recall that Background Screening (or at least part of that) was undertaken by ICANN staff, but I am happy to be corrected if I am mistaken.

https://www.icann.org/en/system/files/files/program-review-29jan16-en.pdf

Page 58 states that Pricewaterhouse (PwC) was the independent third-party that did background screening.

In any case, an additional thought has come to mind on Anne's point - I seem to recall that ICANN org may be contemplating moving some of the evaluations in-house. I can't recall which ones exactly but insofar as that is a possibility, would any of the arbiters being considered in Annex, then change? Or are we to keep our recommendations / implementation guidance simply on the basis of what happened for the 2012 round?

I think we should look at future trends, starting with what happened. Considering all my dealings with ICANN Org I was genuinely surprised when they mentioned the possibility of moving some evaluations in-house, but they also mentioned that this would be more in response to a continuing application process, not a round based one.

So, we would need to look whether the post-transition RfR is now as effective as a redress mechanism as being thought in the limited appeals process. The central issue is whether substantive redress is possible, in order to not have "we followed procedure" responses.

Rubens

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