[SubPro-IRT] REMINDER | SubPro IRT Meeting #23 | 19 December 2023, 14:00-15:00 UTC

Tue Dec 19 10:54:07 UTC 2023

Hi Mike, all,

I just wanted to flag some language regarding the GAC EW’s.

Your proposed edits / notes below remove some of the balanced language that was agreed with the Board following GAC input. I.e. “ how the applicant may address the GAC member’s concerns if applicable” – I believe the “if applicable” is what the Board added to address the GAC’s request to note this may not always be possible.

The GAC noted this in the ICANN77 Communiqué: Regarding Recommendation 30.6, the GAC agrees with the notion that a GAC Early Warning should be explained and that in order to ensure constructive dialogue at an early stage of the procedure and mitigate these concerns it is important for government(s) issuing Early Warning(s) or the GAC in its advice to provide a written explanation/rationale. However, the GAC wishes to recall the compromise language brought forward by the GAC, as applications may not always be able to be remedied in the opinion of the government(s) issuing a GAC Early Warning. Therefore, the GAC proposes the adoption of an updated language to Recommendation 30.6 as follows: “[...] how the applicant may potentially address the GAC member’s concerns to the extent feasible”.

The Board responded: Regarding Recommendation 30.6 (in the scorecard):

  *   The Board notes that the GAC had previously proposed to amend the recommendation with the same language (“to the extent feasible”), see the 2020 GAC’s public comment<https://gac.icann.org/file-asset/GAC%20Subpro%20Final%20Report%20Collective%20Comment%20-%20FINAL.pdf> on the Draft Final Report, and also the 2021 GAC’s public comment on the Final Report<https://gac.icann.org/statement/public/gac-comment-(final)-subpro-final-outputs-for-icann-board-consideration.pdf>.
  *   The Board believes that the intent of this recommendation can be met if a GAC member provides a rationale why a remedy to their early warning is not possible.

I think the wording has to be something like:

Governments issuing Early Warnings must include a written explanation describing why the GAC Early Warning was submitted and how the applicant may address the GAC member’s concerns, [ if applicable, OR to the extent feasible ] as well as identify the objecting countries.

I hope this helps.

Regards,

Jason Merritt

Sr Policy Advisor, Telecommunications and Internet Policy Branch
Innovation, Science and Economic Development Canada / Government of Canada
Jason.Merritt at ised-isde.gc.ca<mailto:Jason.Merritt at ised-isde.gc.ca> / Tel: 343-571-9775 / TTY: 1-866-694-8389

Conseiller(ère) princ. en politiques, Direction generale des politiques de telecommunications et d'Internet
Innovation, Sciences et Développement économique Canada / Gouvernement du Canada
Jason.Merritt at ised-isde.gc.ca<mailto:Jason.Merritt at ised-isde.gc.ca> / Tél. : 343-571-9775 / ATS : 1-866-694-8389

From: SubPro-IRT <subpro-irt-bounces at icann.org> On Behalf Of Mike Rodenbaugh
Sent: December 19, 2023 12:39 AM
To: Next Round Policy Implementation <NextRound_PolicyImplementation at icann.org>
Cc: subpro-irt at icann.org
Subject: Re: [SubPro-IRT] REMINDER | SubPro IRT Meeting #23 | 19 December 2023, 14:00-15:00 UTC

Hi all,

Here are my notes on the current Topic #30 draft paper:

First paragraph should state that government 'sensitivities' or national laws must be specified in the Early Warning.

Delete fn. 2.  Why should Org be allowed to unilaterally extend this time period on its own whim?

Change this sentence:  The GAC Early Warning notice may must include a nominated point of contact for further information consultation with the applicant.

Clarify this last sentence re EWs:  Governments issuing Early Warnings must include a written explanation describing 1) why the GAC Early Warning was submitted, 2) how specific national laws and/or sensitivities are implicated, 3) how the applicant may address the GAC member’s concerns, if applicable, as well as and, 4) identify the all objecting countries and the nominated contact from each.

The paragraph at fn 6 and 7 needs to be reworked - bad grammar.

This is not right:  "The applicant will have a period of 21 calendar days from the time the Board acknowledges receipt of the advice in which to submit a response."  The time period should be longer than 21 days (as it would typically take much longer than that to meet with government reps), and should not be keyed from a time unknown to the applicant.  Also bad grammar.

Best,
Mike

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Mike Rodenbaugh

address:

548 Market Street, Box 55819

San Francisco, CA 94104

email:

mike at rodenbaugh.com<mailto:mike at rodenbaugh.com>

phone:

+1 (415) 738-8087
WORLD TRADEMARK REVIEW "WTR 1000" Top Global TM Counsel
2012 to present                                                            [Book a Meeting<https://www.cloudhq.net/meeting/stTkgqqvVTxS40EySIJv>]

On Mon, Dec 18, 2023 at 6:00 AM Next Round Policy Implementation <NextRound_PolicyImplementation at icann.org<mailto:NextRound_PolicyImplementation at icann.org>> wrote:
Dear All,

Meeting #23 of the SubPro IRT will be held on 19 December 2023 at 14:00-15:00 UTC [local time<https://www.timeanddate.com/worldclock/fixedtime.html?msg=SubPro+IRT+Meeting+%2323+%7C+19+December+2023%2C+14%3A00-15%3A00+UTC&iso=20231219T14&p1=1440&ah=1>]. The agenda can be consulted here<https://community.icann.org/x/dZOZDg>. Before the meeting, please be sure you have read the ICANN Expected Standards of Behavior<https://www.icann.org/resources/pages/expected-standards-2016-06-28-en>. Please note that the meeting was rescheduled.

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