[SubPro-IRT] Must Revisit Predictability Framework Final Draft

[Jeff Neuman]

All,

While in the SPIRT Drafting Team discussions it appears that there is an "error" in this final draft.  In the original policy, it states that issues may be referred to the SPIRT by ICANN Org, the ICANN Board, or the GNSO Council.

At some point,  the language/charts were changed (prior to public comment) to reflect the following:


  1.
 The SPIRT may only consider issues brought to it by ICANN Org.
  2.
The GNSO Council or any AC may issue advice or guidance (which has its own meanings) to the ICANN Board.
  3.
If, and only if, the ICANN Board approves the change, will ICANN Org being it to the SPIRT.

I apologize that it was not brought up earlier.  This right language was in the SPIRT charter which I have been working on, and I erroneously thought that what we were seeing in the charter was the same as what the IRT was working off of.  I should have noticed it earlier, but I made some incorrect assumptions and for that I apologize.

But, that does not change the fact that the language in the Predictability Framework from the IRT is inconsistent with the Board adopted Policy Recommendations contained in Annex E of the SubPro Final report and without the development of new policy through the PDP, it may not be changed by the IRT.

Here is how it is different from the Board adopted policy:

1.    This implementation means that the GNSO Council may only refer issues to the SPIRT if the ICANN Board adopts the change.   The ICANN Board will not adopt any "change" unless it is fully fleshed out.  But the SPIRT team was put in place to help changes be fleshed out.  But if the GNSO cannot submit issues to the SPIRT to be fleshed out, we have a circular problem.  In other words, the GNSO Council needs the SPIRT to flesh out a proposal so it can send the proposed change to the Board.  But the GNSO Council cannot refer the issue to the SPIRT to be fleshed out until the Board approves the fleshed out change?

2.  What this also means is that the SPIRT which was designed to be the "triage unit" in the approved SubPro Final Report recommendations has yielded that responsibility to ICANN Org.  Remember ICANN Org can send issues to the SPIRT without having Board Approval. It is only the GNSO (and any other SO/AC) that has to have a proposal for a change approved by the Board before it goes to SPIRT.

3.  So, if ICANN org doesn't like what it being proposed by the GNSO Council, it can opt not to refer the issue to the SPIRT by sending it to the Board knowing the Board will not have enough information to make any decision on the issues (thereby killing it). See circular discussion above.

4.  But if ICANN Org likes the proposal, it can forgo getting Board approval and it can refer the issue directly to the SPIRT (which under the new language only ICANN org has the right to do).

5.  The new language is also controlling HOW issues can be brought to the SPIRT by anyone other than ICANN Org.  Notice how it says the GNSO Council must "approve and submit guidance or advice" to the ICANN Board.  In the approved policy, it was up to the GNSO Council HOW it submitted issues to the SPIRT.  The Council could decide to do it through a PDP, ePDP, GGP, or even a simple majority vote if it wanted to.  But this implementation language states that it must be in the form of "guidance or advice" which seems to rule out a simple majority vote AND be approved by the ICANN Board.  How does an ICANN Board "adopt the guidance or advice" if the GNSO Council simply wants to refer an issue directly to the SPIRT by majority vote.

In short, the language (and charts) needs to go back to reflecting the policy as approved by the ICANN Board.  Namely, that issues regarding changes to the Program can be referred to the SPIRT by ICANN Org, the ICANN Board, and/or the GNSO Council.  I am not sure when this changed, but


[cid:810e793d-2ce3-47fc-9990-8dd37a1cfcf3]
________________________________
From: SubPro-IRT <subpro-irt-bounces at icann.org> on behalf of Next Round Policy Implementation <NextRound_PolicyImplementation at icann.org>
Sent: Monday, June 17, 2024 9:56 AM
To: subpro-irt at icann.org <subpro-irt at icann.org>
Subject: [SubPro-IRT] Predictability Framework Final Draft


Dear IRT members,



Please find here<https://docs.google.com/document/d/18Qs19Cj3Q5DK8pXfqw37aDa7a3RtI9wTNU0n7SaMW5Y/edit?usp=sharing> a clean version of the final draft of the Predictability Framework. A pdf version is published on the IRT workspace<https://community.icann.org/x/NgDOEg>.



The language will go through a final round of Public Comment with the rest of the AGB in May 2025.



Best regards,

Elisa
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