[SubPro-IRT] Work Plan is way too conservative and we need to do better......
Nigel Hickson
nigel.hickson at dcms.gov.uk
Tue May 23 18:37:11 UTC 2023
Colleagues
Good afternoon; I must also apologise as I will be late on Call (am
travelling to an ICANN session.....).
On *timeline *thanks go to Jeff, Anne, Susan and Martin for their lucid
comments. I am no expert but perhaps there could be some parallel work;
although I think we have to respect that some SO/AC may have only one (or
perhaps two) representatives which may be an issue.
best
Nigel
O n Tue, 23 May 2023 at 17:45, Susan Payne <susan.payne at comlaude.com> wrote:
> 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.
>
>
>
> Susan Payne
> Head of Legal Policy
> Com Laude
> *T* +44 (0) 20 7421 8250
> *Ext* 255
>
> <https://comlaude.com/>
>
> *We are pleased to launch our new YouTube channel
> <https://t-uk.xink.io/Tracking/Index/bhkAAGVfAADw_RQA0>*[image: .]
>
> *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
>
> martinsutton at topdotconsulting.com
>
>
>
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>
> On 23 May 2023, at 16:14, 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:
>
> 1. Affirmation of the 2007 policy which is already included in the
> 2013 Base Registry Agreement as amended....s*o this affirmation
> does not require any work*.
> 2. Affirmation of the use of "Specifications" - *No additional work
> required*
> 3. Recommendation that ICANN add a contractual provision stating
> that Registry Operator will not engage in fraudulent or deceptive
> practices. - *No IRT work needed*
> 4. 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 r*equire 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.
>
>
>
>
>
>
>
>
>
>
>
>
>
> 1. <njmdxlah.png>
>
>
>
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