[SubPro-IRT] Work Plan is way too conservative and we need to do better......

Tue May 23 16:45:04 UTC 2023

I have also given apologies for tonight's call as I have an unavoidable conflict.  It would be really helpful, as we go forward with this work, if the IRT calls could please have fixed time slot(s) and/or we can have calendar invites for the calls at least a couple of weeks in advance.  This would help those of us who would like to prioritise attendance to schedule other calls around these ones.

I share the concerns raised by Anne, Jeff and Martin on the timeline.  There is tremendous criticism of ICANN for failure to deliver.  I really hope we can find ways to increase the efficiency and speed here.

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From: SubPro-IRT <subpro-irt-bounces at icann.org> On Behalf Of Martin Sutton
Sent: Tuesday, May 23, 2023 4:59 PM
To: Jeff at jjnsolutions.com
Cc: subpro-irt at icann.org
Subject: Re: [SubPro-IRT] Work Plan is way too conservative and we need to do better......

Dear SubPro Team,

Anne and Jeff raise good points here regarding the draft plan timeline being overly long. At our first meeting the points were raised about conducting work tracks in parallel to provide a more efficient process to cover the IRT workload; this does not appear to be incorporated in the draft plan.  Together with Jeff's analysis of the topics and overlap, there could be a significant and valuable reduction to the proposed timeline.

I do worry that the whole process since the delivery of the Final Report is prone to over-engineering and creates unwanted risks, such as losing valuable IRT members if the process extends to 2 years or beyond. A shorter, achievable timeline will help retain members and create motivation within the IRT to achieve results.

>From ICANN's perspective, a shorter timeline should also be favourable in terms of costs (with the knock on effect of creating earlier revenues).

I hope we can work on improving the draft plans and establish a more efficient path to present to the Board at ICANN77.

Kind regards,

Martin

Martin Sutton
Managing Director
Top Dot Ltd, The Business Terrace, King St, Maidstone, Kent ME15 6JQ
+44 (0)7774 556680
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On 23 May 2023, at 16:14, jeff at jjnsolutions.com<mailto:jeff at jjnsolutions.com> wrote:

Dear SubPro Team,

Background
I have been doing a bunch of thinking on the proposed work plan and I really believe we need to push much harder on the timelines being proposed and that we need to be much more aggressive.

For those of you that do not know me, I was one of the co-chairs of the SubPro Working Group with Cheryl, so we have been living and breathing all of this for years.  But in addition to that, I have participated in every one of ICANN's new gTLD rounds (starting in 2000), and have implemented not only hundreds of policies for registries, but I have also personally been involved in the launch of hundreds of TLD registries.  From 2011-Jan 2015, I was responsible for the Neustar Registry business that included supporting hundreds of new gTLD applications both as front and back-ends, but also included the launch of most of those TLDs.

Specific Comments to Workplan
According to the Workplan, it says that Modules 1-3 (as ICANN has designated will take about a year.  Then Modules 4-8 are listed as each one taking 3-4 months and operating serially one after the other.  And Modules 9 and 10 are not even included in the scheduling (which I am hoping means they will be overlapping).

It should be noted, however, that as far as I can tell, Module 1 overlaps with practically every other Module and once we get done with Module 1, that constitutes the bulk of the work.  For example, the following topics seem to be in Module 1:

  *   Predictability - which would include the SPIRT
  *   Applicant Freedom of Expression
  *   Different TLD Types
  *   Conflict of Interest
  *   Applications Assessed in Rounds (Overlaps with Module 2)
  *   Metrics / Monitoring
  *   Dispute Resolution Procedures - Question Why is this not covered in Module 4?
  *   Reserved Names - If this refers to the top-level, fine; but second level is more Module 6
  *   GAC Consensus Advices / Early Warnings
  *   IDNs
  *   Auctions / Resolution of Contention Sets
  *   Registry/Registrar Standardization / Registrar Non-Discrimination (Should be in Module 6)
Comments on Modules 1-5 will come separately.

But I wanted to comment on Modules 6-8 and the Workplan.  There is no reason why Modules 6, 7 and 8 (contracting, Post-Contracting, and Terms and Conditions should take 3-4 months each (for 9-12 months total).  Realistically, there is no reason these 3 modules should take any longer than 2 months combined.  That alone would shave off 7-10 months off the plan).

This is because:

a) Module 6 - Contracting:  Topics 36-38 of Final Report - I honestly believe this can be done in a couple of weeks
    1.    Topic 36- The final report contains 2 Affirmations and 2 Recommendations, namely:

     *    Affirmation of the 2007 policy which is already included in the 2013 Base Registry Agreement as amended....so this affirmation does not require any work.
     *   Affirmation of the use of "Specifications" - No additional work required
     *   Recommendation that ICANN add a contractual provision stating that Registry Operator will not engage in fraudulent or deceptive practices. - No IRT work needed
     *   Recommendation that there should be some opportunity to negotiate contracts / exemptions subject to notice and comment in cases where there are unique aspects of strings or operators and provides ability to accommodate changing marketplace.  This one will require a little work, but overlaps with TLD Types in Module 1
    2.    Topic 37:  Registrar Non-Discriminating / Registry/Registrar Standardization.  This is already in Module 1, but really should only be here.

1 recommendation:  which states that Registries must use only ICANN accredited Registrars in registering domain names, and may not discriminate among such accredited registrars unless an exemption to the Registry Code of Conduct is granted as stated therein,provided, however, that no such exemptions shall be granted without public comment."

This has already been implemented except for one thing.....Only thing added here is that if a Registry seeks an exemption to the Code of Conduct, there should be a comment period before granting the request.

3.    Topic 38:  Registrar Support for new TLDs  - This one is just an affirmation which requires no new implementation at all.  It just states that registrars can determine which TLDs it wants to offer.

Module 7 :  Post Contracting - I believe this can be done in 2 weeks at most
I assume this relates to Topics 39-41 of the Subpro Final Report
    a)  Registry System Testing 6 Recommendations here which essentially state that the ICANN should develop testing to demonstrate the technical capabilities of the registry which includes testing readiness for DNSSEC.  It states that testing must be efficient and need not be done multiple times for the same operator it that operator supports multiple TLDs.  Then it calls for the implementation of 2 recommendations that were already contained within the ICANN staff's own Program Implementation Review Report in 2016 or so.

    b)    TLD Rollout:  This contains 2 affirmations of what was done in 2012.  No new implementation work needed.

c)    Contractual Compliance - consists of an affirmation of the sanctions policy (already in place) and a recommendation for ICANN Compliance to publish more stats on rationale for closing cases (Mostly implemented already).

Module 8:  Terms and Condition - Only real work is (d) below.  My time estimate:  3 weeks at most.

4 Recommendations; 3 Implementation Guidance

a)  ICANN should only reject applications if done so in accordance with Guidebook, Bylaws, laws, etc.  This recommendation is being discussed with GNSO/Board, but if accepted this requires a very limited couple of words being changed.

b)  ICANN should publish specific reason by applications are rejected but should avoid disclosing confidential information.  - Requires no new implementation in advance.

c)  Ts and Cs should only have covenant not to sue if there is an appeals/challenge process.  This is still being discussed, but at end of day, if there is no appeals, then implementation is crossing out covenant not to sue.  If there is one, implementation is keeping things the way they are. No new work likely.

d)  Refunds - This one will require some implementation work to define circumstances where refunds will be given due to changes made in the program where such changes materially impact applicants. -  Note this is being discussed with Board, but assuming Board approves, then work here is just coming up with a definition of "material impact" and ensuring that is not gamed.

e) Name Collisions - if ICANN cannot delegate a TLD because of name collision reasons, then a full refund should be given.  No real new implementation work.

f)  Confidential portions of applications should only be disclosed to those with a need to know...my paraphrasing.  But no new implementation work here really because this is standard in all Non-disclosure agreements.

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