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

Wed May 24 08:36:20 UTC 2023

Dear All,

I apologize for my absence during yesterday's webinar. Due to important
official commitments, I was unable to attend. I was travelling at the time,
and the unstable internet connection made it impossible for me to join the
meeting. I kindly request access to the recorded version of the webinar, as
I would like to catch up on the discussions that took place.

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On Wed, May 24, 2023 at 12:43 AM Mike Rodenbaugh <mike at rodenbaugh.com>
wrote:

> Hi all,
>
> I have not been able to join these meetings yet, but will be participating
> going forward as the representative of the IPC.
>
> In my personal capacity, I thank Jeff for the detailed analysis here and
> support his comments, and those of Martin, Anne, Sam etc. that we need to
> significantly accelerate the proposed timeline.  The AGB called for a next
> round about ten years ago.  The SubPro group spent about five years on all
> of this.  This IRT group is supposed to implement policy, not revisit and
> make policy.  There is no reason our work should take two years.
>
> Sincerely,
> Mike
>
> [image: Logo]
>
> Mike Rodenbaugh
>
> address:
>
> 548 Market Street, Box 55819
>
> San Francisco, CA 94104
>
> email:
>
> mike at rodenbaugh.com
>
> phone:
>
> +1 (415) 738-8087
>
>
> On Tue, May 23, 2023 at 11:14 PM jeff at jjnsolutions.com <
> 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.
>>
>>
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-- 
John Gbadamosi
Programme Officer, Digital Rights
Media Rights Agenda
Internet of Rights (IoR) Fellow
Article 19, UK
+2348099817296
john at mediarightsagenda.org
@Samjohn70
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