[Gnso-newgtld-wg] Proposed Agenda - New gTLD Subsequent Procedures PDP WG - Thursday, 21 May at 03:00 UTC for 90 Minutes

Aikman-Scalese, Anne AAikman at lrrc.com
Tue May 26 20:51:37 UTC 2020


Thanks Jeff – this further detail is very helpful and I will carefully review the comparison chart. Re your statement that “if it’s implementation”, the GNSO Council doesn’t get to decide, I feel we need to look back at the letter you penned from GNSO Council to the ICANN Board regarding the “Strawberry Solution”, which Fadi said was implementation and Council (in a letter penned by you) said was policy which REQUIRED ICANN staff to come back to GNSO Council.

You keep saying that there will be an “identification” of the issue as either implementation or policy and as fitting into one of your five(5) buckets.  From the beginning, I have pointed out that the Policy  & Implementation Working Group spent at least 2 years on this and determined that it was not possible to clearly classify issues as one or the other when significant impact to the community was noted by Community members.  The fact is that even if ICANN org says something is implementation but the GNSO believes involves significant policy issues, then GNSO will act.   The Board itself can override GNSO PDP Recommendations, but when implementation issues arise, ICANN staff is NOT the final say on whether the issue is implementation, as is well proven by your own letter to the ICANN Board contesting Fadi’s characterization of the Strawberry Solution as “implementation.”

It would be great if we could stop pretending that there are clear differences (and no grey areas) to issues that arise in the implementation process after applications are received.  The SPIRT is recommended precisely because we know these issues WILL arise.  That’s why SPIRT should work with ICANN staff when an issue arises in order to (1) sort the issue into a bucket SPIRT sees as reasonable and (2) make a recommendation to GNSO Council as to how to handle the issue, whether that would be to RECOMMEND (not decide)
(a) follow staff recommendation,
(b) implement in  a certain manner which is believed by the SPIRT to reflect the PDP outcome
(c) refer to GNSO Council for GNSO Input
(d) refer to GNSO Council for GNSO Guidance,
(e) refer to GNSO Council for PDP
(f) refer to GNSO Council for EPDP

So when ISSUES ARISE (usually brought to our attention by staff, but sometimes by GNSO Council or the Board) after applications are received, the SPIRT should work with staff to both (A)Sort as to the recommended bucket and (B) Recommend to GNSO Council the most efficient method for handling the issue in line with the “spirit” of the prior PDP work.

Anne


From: Jeff Neuman <jeff.neuman at comlaude.com>
Sent: Tuesday, May 26, 2020 6:25 AM
To: Aikman-Scalese, Anne <AAikman at lrrc.com>; Steve Chan <steve.chan at icann.org>; Julie Hedlund <julie.hedlund at icann.org>; gnso-newgtld-wg at icann.org
Subject: RE: [Gnso-newgtld-wg] Proposed Agenda - New gTLD Subsequent Procedures PDP WG - Thursday, 21 May at 03:00 UTC for 90 Minutes

[EXTERNAL]
________________________________
Anne and all,

I spent some time documenting the differences<https://docs.google.com/spreadsheets/d/1oGyha09-e9T8CQyfMcm0ch0Tq8jP4AxR1PXDiWakQsU/edit?usp=sharing> between the IRT Principles and the SPIRT outline we have.  You will see that we did not “pick and choose” which elements to apply and which we should not.  In fact, to the extent that it was applicable, we took the language as is.  I think you are now really asking us whether we have copies all of the Working Group guidelines as well as the IRT Principles into the current outline and we have not.  Not because we don’t believe it applies, but rather because we were just drafting an outline and leaving the rest of the details to the IRT.  If we want to state that the Working Group guidelines apply, we can state that as well.

To see the comparison, please go here:  https://docs.google.com/spreadsheets/d/1oGyha09-e9T8CQyfMcm0ch0Tq8jP4AxR1PXDiWakQsU/edit?usp=sharing

The GNSO is “responsible for developing and recommending to the Board substantive policies relating to generic top-level domains and other responsibilities of the GNSO as set forth in these Bylaws".  Operational issues and non-policy issues are not set forth as the jurisdiction of the GNSO in the Bylaws.  Therefore, by definition, if an issue is operational, it is not an issue for the GNSO.  We may want things to be different, but that is the fact.  And that being the case means that if there is agreement that an issue falls into A, B or C, the GNSO Council cannot have the final call.

Therefore, if an issue falls into A, B or C, technically, without any other rules set forth, ICANN has the authority to decide without any input at all.  However, we are saying that to the extent that any of these changes has a material impact on applicants or the community, there should be additional predictability checks including the involvement of the SPIRT (as set forth in the outline).

Why did we want a Chair as opposed to a GDD Project Manager?  We discussed previously having a Chair, because unlike an “IRT” which operates for a limited period of time, this is a Standing Committee which is permanent.  Project managers at ICANN come and go depending on the “project”.  It made sense from a continuity standpoint to have a Chair and Vice Chairs.  There was also previous discussion in the Working Group that they did not want it to be an ICANN person because there could be bias in having it chaired by ICANN especially in classifying issues as operational or policy, etc.

Hope this helps.

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>

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, May 21, 2020 3:12 PM
To: Steve Chan <steve.chan at icann.org<mailto:steve.chan at icann.org>>; Julie Hedlund <julie.hedlund at icann.org<mailto:julie.hedlund at icann.org>>; gnso-newgtld-wg at icann.org<mailto:gnso-newgtld-wg at icann.org>
Subject: Re: [Gnso-newgtld-wg] Proposed Agenda - New gTLD Subsequent Procedures PDP WG - Thursday, 21 May at 03:00 UTC for 90 Minutes

Jeff, Cheryl, Steve et al,

Regarding the process chart, and as discussed on last night’s call, the language in the middle of the chart does not seem accurate.  It says that issues “identified” as fitting in A or B are expected to be decided by ICANN staff.  The issue raised in the call last night was who gets to “identify” what bucket the issue falls in.  I see staff working with the SPIRT to make those recommendations.  SPIRT may agree with staff that an issue falls into A or B, but Staff should not itself have the final call if there’s an issue.  In all cases, buckets A, B, C, D, and E, GNSO Council has the FINAL call.  SPIRT is there to discuss and try to classify which bucket the issue goes in and NOT to make policy if it believes that a policy issue is involved.  It’s not at all workable to have one person on the SPIRT be able to kick an issue up to GNSO as policy if the majority believe it can be handled by staff or handled with GNSO Input or Guidance (rather than through policy-making).  (Remember that any GNSO action always takes precedence over the SPIRT .)

This “sorting into buckets” function is why it is so important for the SPIRT to have members from all parts of the community (which is supposed to be the case for regular  IRTs as per the section I pasted in chat last night – see Section C of IRT Recruitment in the attachment).  It Is clearly NOT working at all to pick and choose different parts of the IRT Guidelines to try to structure the SPIRT as we have done in the current draft.    When you do that, you get “the SPIRT may not be representative” and you leave out FOUNDATIONAL language like “SPIRT recruiting must be very broad and invitations should go to all former regular attending members of the PDP Working Group” which is in Item C of the IRT Guidelines.   For some reason, the draft we have now says the SPIRT team should include at least ONE member of the PDP WG.  Why would there be such emphasis on getting just ONE member of the PDP for this Standing IRT?  And why do we want to emphasize that the SPIRT may not be representative rather than emphasizing that recruitment should be broad as shown in the attached IRT Principles and Guidelines?

(Last night Paul asked to see the IRT Guidelines.  They are attached for your consideration before the next call.)

Donna mentioned that staff runs the IRT process.  The Guidelines for IRTs state that the staff member is the GDD Project Manager.  Every IRT appoints among its members a GNSO Council Liaison.  I’m not sure why we have to call the person heading the SPIRT team a “Chair”.  What is wrong with GNSO Council Liaison?  THE SPIRIT DOES NOT DECIDE ANYTHING, IT SHOULD CONSIDER ANY ISSUE WITH STAFF AND RECOMMEND WHICH BUCKET THE ISSUE BELONGS IN – A, B, C, D, or E.  Staff should not be telling the SPIRT that something that comes up as an issue in the implementation phase will not be coming to the SPIRT because staff believes it fits in A or B.  Staff should be bringing that issue to the SPIRT to see whether the SPIRT agrees that it is in Bucket A or B.

Similarly, Issues that the SPIRT believes fall in C, D, or E, are opportunities for the SPIRT to identify issues, recommend a method of resolving, e.g. use GNSO Input, GNSO Guidance, GNSO EPDP, or even GNSO PDP and send that recommendation to the GNSO Council.  The SPIRT DOES NOT MAKE POLICY.  It’s a Standing IRT.  It works with staff to make recommendations to process issues in an efficient manner within GNSO guidelines and processes.  All IRT Principles and Guidelines should apply unless there is a clear reason to deviate and so far, I don’t see why we are trying to create a different animal when the Public Comment was – yes, give us a Standing IRT because we know issues arise at later stages.
Thank you,
Anne

From: Gnso-newgtld-wg <gnso-newgtld-wg-bounces at icann.org<mailto:gnso-newgtld-wg-bounces at icann.org>> On Behalf Of Steve Chan
Sent: Wednesday, May 20, 2020 2:07 PM
To: Julie Hedlund <julie.hedlund at icann.org<mailto:julie.hedlund at icann.org>>; gnso-newgtld-wg at icann.org<mailto:gnso-newgtld-wg at icann.org>
Subject: Re: [Gnso-newgtld-wg] Proposed Agenda - New gTLD Subsequent Procedures PDP WG - Thursday, 21 May at 03:00 UTC for 90 Minutes

Dear WG Members,

One of the action items from the 18 May WG call was to develop a process flow chart to help illustrate how the SPIRT may operate. Attached, please find a draft prepared by staff and WG leadership. Note, we try to share documents at a minimum, 24 hours ahead of the call, but there was a short turnaround between calls in this instance. Hopefully this document is still helpful to the discussions for the upcoming call.

Best.
Steve


From: Gnso-newgtld-wg <gnso-newgtld-wg-bounces at icann.org<mailto:gnso-newgtld-wg-bounces at icann.org>> on behalf of Julie Hedlund <julie.hedlund at icann.org<mailto:julie.hedlund at icann.org>>
Date: Tuesday, May 19, 2020 at 10:46 AM
To: "gnso-newgtld-wg at icann.org<mailto:gnso-newgtld-wg at icann.org>" <gnso-newgtld-wg at icann.org<mailto:gnso-newgtld-wg at icann.org>>
Subject: [Gnso-newgtld-wg] Proposed Agenda - New gTLD Subsequent Procedures PDP WG - Thursday, 21 May at 03:00 UTC for 90 Minutes

Dear all,

Please find below the proposed agenda for the call on Thursday, 21 May 2020 at 03:00 UTC for 90 minutes.

Proposed Agenda:


  1.  Review Agenda/Updates to Statements of Interest
  2.  Discussion of Final Report Topics:
     *   2.2.2 Predictability: https://docs.google.com/document/d/1vBckhFQCCQ-zyvfGGcDB3NWQhodVsffdqbyb6kTwXL4/edit?usp=sharing, start at page 10
     *   Review "Can't Live With" comments on packages 1-3, time permitting: https://docs.google.com/document/d/1Hh8Wj3IwXvi91Am1k4Zoooct2zmPOmVe1pLmjQLuQuo/edit?usp=sharing
  3.  AOB

If you need a dial out or would like to submit an apology, please email gnso-secs at icann.org<mailto:gnso-secs at icann.org>.

Kind regards,
Julie


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