[NCAP-Discuss] NCAP DG agenda: 16 February 2022

Aikman-Scalese, Anne AAikman at lewisroca.com
Tue Feb 15 23:14:18 UTC 2022


Many thanks, Jennifer.  And thanks to Jim and Matt for all your hard work on this.  Question to the Co-Chairs re the Workflow:

With respect to the Workflow Document, and as a member of the (now inactive) Sub Pro Working Group, I am wondering about the reference to Sub Pro in the last portion of the slide highlighted below:

2. Application submission
● Technical package with name collision analysis must be included
○ Only if name collisions present?
○ Draft mitigation plan?
○ Draft remediation plan?
○ Trending data?
● Subsequent procedures and applicant guidebook process drives at this point
○ Out of scope for discussion group
8

The reason for my question is that the Sub Pro Final Report says


1.       ICANN should develop a DO NOT APPLY list based on unacceptable name collision risk.  (The NCAP DG appears to have a workflow process designed to measure the risk but no process for applying a particular standard that would undergird such a DO NOT APPLY list. Arguably the SSAC itself is best positioned to do this.)  It seems to me that this is a decision that the Board itself cannot make without advice from the SSAC and a recommendation from the Board’s Technical Committee.



2.       The Sub Pro Final Report says that If NCAP creates a new Name Collision Framework that is ultimately adopted by the Board, then that will apply during the next round.  However, the Sub Pro Final Report also says that if no new Name Collision Framework is adopted by the Board pursuant to an NCAP (and presumably an SSAC) recommendation, then the Board should apply the old 2012 round version of 90-day Controlled Interruption.  As I understand it, the initial Controlled Interruption test would only be the first step in the Workflow analysis.   Sub Pro IRT cannot develop additional processes and standards to determine whether or not to take the analysis to the next step, i.e. Enhanced Controlled Interruption.   That would definitely be beyond the scope of a Sub Pro IRT.  In fact, I think the Operational Design Phase (ODP) Document notes this Name Collision area as an issue that must be resolved.  (Others are likely more familiar than I with the ODP work plan for the next round.)

So it seems to me that either the DG or the SSAC will need to work on the following:

A.      A measure of Impact (volume and diversity) that merits a DO NOT APPLY rating and saves everyone time and money before the heavy administrative process kicks in.

B.      A standard of Impact (volume and diversity) that applies at the point of Application Submitted and after the initial Controlled Interruption Assessment.  These standards would be used to judge whether or not to move on to Enhanced Controlled Interruption.

In the Workflow, the decision to move to Enhanced Controlled Interruption in the Workflow appears to be handled at the ICANN Org Technical Review Team level, but how will that Team know what standard to apply to jump to the next level of “Enhanced Controlled Interruption” if the SSAC does not make a recommendation in this regard?  And indeed, even if some standard is developed for that purpose, what is the standard that will apply at the next step after Enhanced Controlled Interruption is conducted?  Will an ICANN Technical Review Team be making a specific recommendation to the Board on a case-by-case basis?  Will that recommendation go first to the Board’s Technical committee that will then make a recommendation to the Board?

It Looks as though we, as a Discussion Group, are developing a great Workflow process, but that it will be almost impossible to apply without real guidelines/standards by which to judge the Impact (volume and diversity).  So far, we don’t have an actual new  “Name Collision Framework”.   The Subsequent Procedures Final Report requires deference to a new NCAP Name Collision Framework, but if a more specific Framework is not adopted by the Board, the Sub Pro Final Report yields a recommendation to adopt the same 90-day Controlled Interruption procedure that applied in the 2012 round.   (If that occurs, all our work as a DG is for naught.)

It’s very difficult for me to see how the Board can adopt the new Workflow as a Name Collision Framework to apply to the next round without specific standards being recommended for analysis of Impact for each phase of the Workflow.  Perhaps those standards are best developed at the level of SSAC, but if that is the case, I think we should acknowledge that now within the DG.  SSAC is much better suited to establish standards for Impact that should be applied to each step of the Workflow Process.  It seems to me that only by the development of such standards will the Board be in a position to adopt a new Name Collision Framework for the next round.

Looking forward to others’ observations on these points…
Anne

Anne E. Aikman-Scalese

Of Counsel



AAikman at lewisroca.com<mailto:AAikman at lewisroca.com>

D. 520.629.4428

[cid:image003.png at 01D82284.79E15E70]



From: NCAP-Discuss <ncap-discuss-bounces at icann.org> On Behalf Of Jennifer Bryce
Sent: Tuesday, February 15, 2022 3:07 AM
To: ncap-discuss at icann.org
Subject: [NCAP-Discuss] NCAP DG agenda: 16 February 2022

[EXTERNAL]
________________________________
Dear NCAP DG members,

Here is the agenda for the next DG meeting, scheduled for Wednesday 16 February @ 19:00 UTC.


  1.  Welcome and roll call – Jim/Matt
  2.  Update from the Technical Investigator – Casey
  3.  Project status and restatement of summary of action items and decisions made from last meeting (see tracker here<https://docs.google.com/spreadsheets/d/1DE5lcOqFujazdw4_x5ii9vcBnsoskAUJnBee_HaVHn8/edit#gid=418882614>) – Jennifer
  4.  Continue discussion on Terminology section (Section 1.3) of the Google doc<https://docs.google.com/document/d/1oPmy0MVRcqkjOzh-OvJRMomYc76TYxvQSXjbEG8LV9w/edit#heading=h.msjt9drdk9ji>  (see PDF attached), beginning with legacy controlled interruption vs. enhanced controlled interruption – Heather
  5.  Consensus of Workflow (see PDF attached) – Jim
  6.  Summary of action items and decisions made – Jennifer
  7.  AOB

Best,
Jennifer
--
Jennifer Bryce
Project Manager, Office of the Chief Technology Officer (OCTO)
Internet Corporation for Assigned Names and Numbers (ICANN)

Skype: jennifer.bryce.icann
Email: jennifer.bryce at icann.org<mailto:jennifer.bryce at icann.org>


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