March 2015 - Ccnso-council - lists.icann.org

Draft Council Agenda 19 March 12.00 UTC
by Gabriella Schittek March 11, 2015

March 11, 2015

Dear Councillors, Please, let us know as soon as possible in case you wish to add any topic to the agenda. Kind regards, Gabi Draft Agenda ccNSO Council Meeting 19 March 2015 1) Apologies 2) Minutes and Actions 3) Internet Governance 3.1 ccWG IG update 3.2 New Councillor 3.3 No-objection proposed interpretation of charter re: ³observers² 4) IANA Stewardship Transition Process 4.1 Update ICG 4.2 Update CWG Stewardship 5) Enhancement ICANN¹s Accountability Process Update CCWG Accountability 6) Council Discussion on Consultation of Community and Decision-Making 7) Participation ccNSO in Working Group to Develop Recommendations on new gTLD Auction Proceeds 8) Council Updates 8.1 Chair Update 8.2 Vice-Chair Update 8.3 Councillors Update 8.4 Regional Organisations Update 8.5 Staff Update 9) Liaison Updates Written updates 9.1 GNSO Liaison (Patrick Myles) 9.2 ALAC Liaison (Ron Sherwood) 10) ccNSO Annual Work Plan 11) Date of Next Meetings 23 April 2015 12.00 UTC 21 May 2015 12.00 UTC 24 June 2015 15.00 Local Time 12) AOB 13) Adjourn

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Reminder Webinar TLD-OPS Email List 11 March 08:00 / 20:00 UTC
by Kristina Nordstrom March 10, 2015

March 10, 2015

Dear all, This is a reminder of the Webinar on the Incident Response email list ("TLD-OPS") on 11 March 08:00 and 20:00 UTC, please find the dial in details below: Adigo numbers: http://adigo.com/icann/ Conference ID: 5258 Adobe Room: https://icann.adobeconnect.com/ccnso2015 Two-way audio will be available in the Adobe Room so you will be able to participate using your computer mic and speakers. Please let me know if you need dial out assistance. You do not need to RSVP, just join at the time most suitable for you! Kind regards, Kristina

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FW: [CWG-Stewardship] FW: GNSO Statement on the IANA transition
by Bart Boswinkel March 9, 2015

March 9, 2015

Dear all, Please find included the GNSO Council statement on progress of the CWG Stewardship, Kind regards, Bart From: Jonathan Robinson <jrobinson(a)afilias.info<mailto:jrobinson@afilias.info>> Organization: Afilias Reply-To: "jrobinson(a)afilias.info<mailto:jrobinson@afilias.info>" <jrobinson(a)afilias.info<mailto:jrobinson@afilias.info>> Date: Monday 9 March 2015 13:37 To: "cwg-stewardship(a)icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship(a)icann.org<mailto:cwg-stewardship@icann.org>> Subject: [CWG-Stewardship] FW: GNSO Statement on the IANA transition All, Please see attached for a recent statement from the GNSO Council related to the work of the CWG. Jonathan From: Glen de Saint Géry [mailto:Glen@icann.org] Sent: 02 March 2015 09:38 To: jrobinson(a)afilias.info<mailto:jrobinson@afilias.info>; lise.fuhr(a)difo.dk<mailto:lise.fuhr@difo.dk> Cc: Glen de Saint Géry Subject: GNSO Statement on the IANA transition Dear Lisa and Jonathan, On behalf of the GNSO Council, attached please find the GNSO Council's Statement on the IANA Transition for communication to the Cross Community Working Group on the IANA Stewardship Transition. Thank you. Kind regards, Glen Glen de Saint Géry GNSO Secretariat gnso.secretariat(a)gnso.icann.org<mailto:gnso.secretariat@gnso.icann.org> http://gnso.icann.org

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Re: [ccnso-members] RE: [ccTLDcommunity] [Cctldworld] IAP DT Template - ccTLD list only
by Burr, Becky March 5, 2015

March 5, 2015

Respectfully, RFC 1591 uses the exact words (stepping in, substantial misbehavior, etc.). That¹s really not an issue of interpretation as it is the text itself. The FOIWG interpreted those phrases very narrowly, to involve behavior that threatened the stability and security of the DNS and profound failures to provide basic services. The narrow interpretation was specifically used to reflect the group¹s agreement with the principle that disagreements regarding ccTLDs should generally be resolved locally. Sovereignty issues are very important, but where an operator¹s behavior creates a serious threat to the stability of the DNS, the IANA operator must have some ability to respond. Prior to the formation of the FOIWG, the ccNSO and GAC had a ³Delegation and Redelegation Working Group² that looked at the IANA operator¹s handling of ccTLD revocation and delegation issues over time and that identified incidents when the IANA Operator did far more than offer valuable advice. Concern about those findings, as well as concerns about the subtle approach changes introduced by the IANA operator over time (for example, changes in language that over time created a lot of ambiguity and latitude) was really the starting point for the FOI. The FOI is not new policy, it is a very careful attempt to provide a principled basis for the IANA operator¹s application of existing policy. It is the product of years of careful, thoughtful work and is intended to help us all get on the same page and stay there unless and until new policy is developed through the appropriate processes. As such, I do not think it ³burdens² the IANA transition. Rather, it is a critical input to the transition, designed - among other things - to protect the rights of governments to act in accordance with the rule of law to resolve local disputes about the operation of the ccTLD corresponding to its country or territory. Additionally, I agree with Keith, Chris etc. that it is out of scope for the CWG to design any mechanism for challenging revocations, delegations, and transfers. Becky J. Beckwith Burr Neustar, Inc. / Deputy General Counsel and Chief Privacy Officer 1775 Pennsylvania Avenue NW, Washington, DC 20006 Office: + 1.202.533.2932 Mobile: +1.202.352.6367 / becky.burr(a)neustar.biz / www.neustar.biz On 3/5/15, 3:57 AM, "ALI Hadji Mmadi" <alihadji(a)comorestelecom.km> wrote: > >Dear all, >I came late in the debate and sometimes we say that the retarding is >wrong. >Could have your indulgent! >I jump on this email to +1 with Demi when He suggets IANA Operator. > >In addition, as part of the interpretation, I do not agree with 4.2 said >4.2. The FOIWG interprets RFC1591 to permit the IANA Operator to > revoke a ccTLD delegation in appropriate circumstances where the >manager has substantially misbehaved (section 3.4 of RFC1591). > >I thing the national sovereignty must be preserved and IANA comply with >the decision given by the competent national authority that we can define. > >Do not forget that we do not have the same concepts and management rules. >Some Countries dont have legal framework in their managements ccTLDs, yet >we must walk together. It is the strength of this community. >Regards. >Hadji >-----Message d'origine----- >De : cctldcommunity-bounces(a)cctld-managers.org >[mailto:cctldcommunity-bounces@cctld-managers.org] De la part de Patricio >Poblete >Envoyé : mardi 3 mars 2015 17:30 >À : Demi Getschko >Cc : ccTLD Community List; ccNSO Council; ccNSO Members; >cctldworld(a)icann.org >Objet : Re: [ccTLDcommunity] [Cctldworld] IAP DT Template - ccTLD list >only > >Demi, > >Yours is a very interesting point of view, coming from a former ICANN >Board member. > >I understand that with regards to "stepping in" and "revocation", you >propose that wherever it says "the IANA" in RFC1591 or "the IANA Operator" >in the FOI report, we should read "ICANN" instead. > >I wonder what my colleagues, especially the members of the FOI WG, think >about this. > >Patricio > > >On Tue, Mar 3, 2015 at 11:23 AM, Demi Getschko <demi(a)nic.br> wrote: > >> Patricio, my understanding (vis-a-vis with what GAC and ICANN was >> doing since 2000) is that when IANA "steps in" is just to provide >> valuable information for a fair proceedings... This information and >> positioning helps and informs the process to come to a conclusion... I >> really think it would be important for the easy transition not to >> overload IANA with police or deciding topics - keeping IANA just as an >>operational body... >> But may be I'm missing something >> best >> demi >> PS. RFC1591 is older than ICANN... With ICANN's inception we assumed >> in some way that the final decision about redelegations, originally in >> IANA, transited to ICANN, keeping IANA "funcion" just operational and >> informative... >> >> >> >> On 03/02/2015 11:09 PM, Patricio Poblete wrote: >> >>> I agree that the task of designing an appropriate appeals mechanism >>> for ccTLD managers that have been subject to a revocation should be >>> handled through a PDP in an appropriate time frame. >>> >>> However, I cannot agree with Demi that IANA has no role in >>> redelegations (except implementing what has been decided elsewhere). >>> For instance, >>> RFC1591 says >>> >>> The IANA tries to have any contending parties reach agreement >>> among themselves, and generally takes no action to change things >>> unless all the contending parties agree; only in cases where the >>> designated manager has substantially mis-behaved would the IANA >>> step in. >>> >>> So, the IANA has the power to "step in" in cases of "substantial >>> mis-behavior". The FOI report says >>> >>> 4.2. The FOIWG interprets RFC1591 to permit the IANA Operator to >>> revoke a ccTLD delegation in appropriate circumstances where the >>> manager has substantially misbehaved (section 3.4 of RFC1591). >>> >>> 4.3. The FOIWG interprets ³misbehaviour² (section 3.4 of RFC1591) >>> in this context to refer to conduct involving the failure of a >>> manager to (i) carry out the necessary responsibilities of that >>> role, or (ii) carry out those responsibilities in the manner >>> required by RFC1591. >>> >>> 4.4. The FOIWG interprets substantial misbehaviour (section 3.4 of >>> RFC1591) to involve misbehaviour (as defined above) that is either >>> egregious or persistent and may include performing the necessary >>> responsibilities of a manager in a manner that imposes serious >>> harm or has a substantial adverse impact on the Internet community >>> by posing a threat to the stability and security of the DNS. >>> >>> 4.5. The FOIWG interprets RFC1591 to limit the IANA Operator¹s >>> authority to step-in to situations where substantial misbehaviour >>> by the ccTLD manager (a) poses a risk to the security and >>> stability of the DNS or (b) involves the manager's failure, after >>> notice and a reasonable opportunity to cure, to perform the >>> objective requirements (i.e., to be on the Internet, maintain IP >>> and email connectivity, identify a technical contact and to >>> identify an in-country administrative contact). >>> >>> 4.6. The FOIWG interprets RFC1591 to mean that the IANA Operator >>> should not step in regarding issues of equity, justice, honesty, >>> or except insofar as it compromises the stability and security >>> of the DNS competency, and that such issues would be better >>> resolved locally. >>> >>> >>> This is the FOI WG's interpretation of current policy. Are we going >>> to change it as part of the stewardship transition process? >>> >>> Patricio >>> >>> >>> On Mon, Mar 2, 2015 at 8:01 PM, Demi Getschko <demi(a)nic.br <mailto: >>> demi(a)nic.br>> wrote: >>> >>> I think that the issue of delegations and redelegations is not >>> related to IANA context. IANA just have to implement, in a right >>> way, what it is decided in other police arenas... Better not to >>> mix this issue with IANA oversight transition, in my view... >>> Best >>> demi >>> >>> >>> On 03/02/2015 07:34 PM, Keith Davidson wrote: >>> >>> Hi all, >>> >>> I would have thought the appropriate CWG action for this would >>> be to recognise that RFC1591 recommends an appeals mechanism >>> for delegations and redelegations, as highlighted by the FOI >>> final report, and then call on the ccNSO and the ccTLD >>> community to address this issue within a reasonable timeframe, >>> recognising there is insufficient time to build an appropriate >>> mechanism prior to the IANA transition. >>> >>> To me, it is a waste of time and energy, as well as being out >>> of scope, for the CWG to be addressing this issue. As ICANN >>> contracted parties, the gTLD community is far removed from the >>> issues surrounding RFC1591 and delegations and redelegations >>> of ccTLDs. There is no commonality, and ccTLD delegations and >>> redelegations is the sole property of the ccTLD community to >>> resolve. >>> >>> Cheers >>> >>> Keith >>> >>> On 3/03/2015 10:41 a.m., Chris Disspain wrote: >>> >>> Jay, All, >>> >>> Just for clarity, I am not saying that there shouldn't be >>> a mechanism. Indeed as a member of the FoI WG I agreed >>> with the report recommending that there should. >>> >>> My point is simply that work on such a mechanism is for >>> the ccTLDs to undertake and not within the remit of the >>> CWG and not something that must be done prior to >>> transition since such a mechanism, would need to be >>> created within a PDP. Please tell me if that is wrong >>> headed of me. >>> >>> >>> >>> Cheers, >>> >>> Chris Disspain | Chief Executive Officer >>> .au Domain Administration Ltd >>> T: +61 3 8341 4111 <tel:%2B61%203%208341%204111> | F: +61 >>> 3 8341 4112 <tel:%2B61%203%208341%204112> >>> E: ceo(a)auda.org.au <mailto:ceo@auda.org.au> | W: >>> www.auda.org.au >>><https://urldefense.proofpoint.com/v2/url?u=http-3A__www.auda.org.au&d=A >>>wIDaQ&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDk >>>Mr4k&m=gyJVMvHRKSUPFsKW4KrYk6IVkIdYaIJLa2Ba1fkCcg0&s=GD6LuHGfIh7OF9gx8XA >>>XbvzNxsS-kYyMcfpdyv_nCkE&e= > >>> auDA Australia¹s Domain Name Administrator >>> >>> Important Notice - This email may contain information >>> which is confidential and/or subject to legal privilege, >>> and is intended for the use of the named addressee only. >>> If you are not the intended recipient, you must not use, >>> disclose or copy any part of this email. If you have >>> received this email by mistake, please notify the sender >>> and delete this message immediately. Please consider the >>> environment before printing this email. >>> >>> On 3 Mar 2015, at 08:01 , Jay Daley <jay(a)nzrs.net.nz >>> <mailto:jay@nzrs.net.nz>> wrote: >>> >>> Eberhard >>> >>> It would be very helpful if we could separate out the >>> two different points you are making as they are >>> getting confused. >>> >>> Your first point, that only the ccTLD manager should >>> have the ability to object/appeal/etc is well >>> understood and there is no consensus for anything >>> different from that. Let's keep that separate from >>> the second point. >>> >>> Your second point that you don't want an independent >>> appeal mechanism but would rather have a mechanism to >>> fix the board is surprising. Weren't you a member and >>> active participant in the FOI WG that produced the >>> report that Patricio quoted? >>> >>> 4.8. Note: The FOIWG believes it is consistent >>> with RFC1591 (section 3.4) and the duty to act fairly >>> to recognize the manager has the right to appeal a >>> notice of revocation by the IANA Operator to an >>> independent body. >>> >>> Have you now changed your mind? >>> >>> best >>> Jay >>> >>> On 3/03/2015, at 9:54 am, Dr Eberhard W Lisse >>> <el(a)lisse.na <mailto:el@lisse.na>> wrote: >>> >>> Jay, >>> >>> you might want to read up on what a tort is. >>> >>> But, the point I have been trying to make in >>> Singapore is still pertinent, if something is >>> wrong with the Board, we need to fix the Board not >>> add more layers which later will need fixing. >>> >>> We need to go much deeper than that, we need to >>> figure out what a ccTLD is and what the relation >>> of a ccTLD manager to the IANA Function Manager is. >>> >>> Acknowledging that an appeal mechanism of any sort >>> has input on a ccTLD would be contrary to my >>>position. >>> >>> With regards to what is wrong with the Board, >>> interesting what the Malaysians say now about the >>> .ML repatriation from in-country to abroad... >>> >>> There can be 252 ccTLD Managers screaming, raving >>> and ranting, about the 253rd but it doesn't >>> matter, only what the 253rd (incumbent) manager >>> says is relevant for that ccTLD. >>> >>> el >>> -- Sent from Dr Lisse's iPad >>>mini >>> >>> -- Jay Daley >>> Chief Executive >>> NZRS Ltd >>> desk: +64 4 931 6977 <tel:%2B64%204%20931%206977> >>> mobile: +64 21 678840 <tel:%2B64%2021%20678840> >>> linkedin: www.linkedin.com/in/jaydaley >>> >>><https://urldefense.proofpoint.com/v2/url?u=http-3A__www.linkedin.com_in >>>_jaydaley&d=AwIDaQ&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDm >>>rxdYahOP8WDDkMr4k&m=gyJVMvHRKSUPFsKW4KrYk6IVkIdYaIJLa2Ba1fkCcg0&s=HUDXEj >>>rr1g-glP5AKfrZOT4u1h8nrH-n05c45VBQS9I&e= > >>> >>> >>> _______________________________________________ >>> ccTLDcommunity mailing list >>> ccTLDcommunity(a)cctld-managers.org >>> <mailto:ccTLDcommunity@cctld-managers.org> >>> >>>https://urldefense.proofpoint.com/v2/url?u=http-3A__www.lists.cctld-2Dma >>>nagers.org_mailman_listinfo_&d=AwIDaQ&c=MOptNlVtIETeDALC_lULrw&r=62cJFOi >>>fzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=gyJVMvHRKSUPFsKW4KrYk6IVkIdYaIJLa >>>2Ba1fkCcg0&s=TwPJzF0Hidj6-VV9RcqOdUGlw7DoZTUc38ff7_fUg4Q&e= >>> cctldcommunity >>> >>> To unsubscribe please send a blank email to >>> ccTLDcommunity-unsubscribe(a)lists.cctld-managers.org >>> >>> <mailto:ccTLDcommunity-unsubscribe@lists.cctld-managers.org> >>> >>> _______________________________________________ >>> ccTLDcommunity mailing list >>> ccTLDcommunity(a)cctld-managers.org >>> <mailto:ccTLDcommunity@cctld-managers.org> >>> >>>https://urldefense.proofpoint.com/v2/url?u=http-3A__www.lists.cctld-2Dma >>>nagers.org_mailman_listinfo_&d=AwIDaQ&c=MOptNlVtIETeDALC_lULrw&r=62cJFOi >>>fzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=gyJVMvHRKSUPFsKW4KrYk6IVkIdYaIJLa >>>2Ba1fkCcg0&s=TwPJzF0Hidj6-VV9RcqOdUGlw7DoZTUc38ff7_fUg4Q&e= >>> cctldcommunity >>> >>> To unsubscribe please send a blank email to >>> ccTLDcommunity-unsubscribe(a)lists.cctld-managers.org >>> <mailto:ccTLDcommunity-unsubscribe@lists.cctld-managers.org> >>> >>> >>> _______________________________________________ >>> ccTLDcommunity mailing list >>> ccTLDcommunity(a)cctld-managers.org >>> <mailto:ccTLDcommunity@cctld-managers.org> >>> >>> >>>https://urldefense.proofpoint.com/v2/url?u=http-3A__www.lists.cctld-2Dma >>>nagers.org_mailman_listinfo_cctldcommunity&d=AwIDaQ&c=MOptNlVtIETeDALC_l >>>ULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=gyJVMvHRKSUPFsKW4Kr >>>Yk6IVkIdYaIJLa2Ba1fkCcg0&s=90JxhSunInmXgtuTn8tOJ9_BFLZeEb_hZjf4uHGjJkU&e >>>= >>> >>> To unsubscribe please send a blank email to >>> ccTLDcommunity-unsubscribe(a)lists.cctld-managers.org >>> <mailto:ccTLDcommunity-unsubscribe@lists.cctld-managers.org> >>> >>> >>> >>> >>> _______________________________________________ >>> Cctldworld mailing list >>> Cctldworld(a)icann.org >>> >>>https://urldefense.proofpoint.com/v2/url?u=https-3A__mm.icann.org_mailma >>>n_listinfo_cctldworld&d=AwIDaQ&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_G >>>Rlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=gyJVMvHRKSUPFsKW4KrYk6IVkIdYaIJLa2Ba1fkC >>>cg0&s=QTyWvz10YKxEje_7cHP-wyrFzT_C94u5MM3nG_E8SPI&e= >>> >> >> >_______________________________________________ >ccTLDcommunity mailing list >ccTLDcommunity(a)cctld-managers.org >https://urldefense.proofpoint.com/v2/url?u=http-3A__www.lists.cctld-2Dmana >gers.org_mailman_listinfo_cctldcommunity&d=AwIDaQ&c=MOptNlVtIETeDALC_lULrw >&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=gyJVMvHRKSUPFsKW4KrYk6IVk >IdYaIJLa2Ba1fkCcg0&s=90JxhSunInmXgtuTn8tOJ9_BFLZeEb_hZjf4uHGjJkU&e= > >To unsubscribe please send a blank email to >ccTLDcommunity-unsubscribe(a)lists.cctld-managers.org > >

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Triage 09-2015: Release of Country and Territory Names within the .EMERCK, .HAMBURG and .BERLIN TLDs
by Gabriella Schittek March 5, 2015

March 5, 2015

Dear Councillors, Please, let me know by Monday, 9 March, in case you do not agree with Triage recommendation 09-2015: Release of Country and Territory Names within the .EMERCK, .HAMBURG and .BERLIN TLDs. Kind regards, Gabi == Topic: 09-2015: Release of Country and Territory Names within the .EMERCK, .HAMBURG and .BERLIN TLDs Originator: ICANN Summary of request: Proposed amendments to the registry agreement, to allow the registration of country and territory names at all levels in .EMERCK, .HAMBURG and .BERLIN TLDs: https://www.icann.org/public-comments/emerck-hamburg-berlin-amendment-2015-0 3-02-en Date received: 3 March 2015 Last day for Comments/input/response, if any: 14 April 2015 Recommended action, if any: No Action Expertise needed, if any: Legal Date of submission to Council: 5 March Last date of Council decision: 9 March Impact on ccNSO/ccTLDs: Low

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Upcoming ICG conference calls
by Gabriella Schittek March 5, 2015

March 5, 2015

Dear all, The IANA Stewardship Transition Coordination Group (ICG) has scheduled its thirteenth and fourteenth conference calls: * ICG Call # 13 Wednesday, 11 March at 12:00-13:00 UTC * ICG Call # 14 Wednesday, 25 March at 20:00-21:00 UTC The community is welcome to attend by way of a listen-only mode Virtual Meeting Room through which audio of the call will be streamed. Translations will be available. For more information, see: https://www.icann.org/news/announcement-2-2015-03-04-en Kind regards, Gabi

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Minutes Council Meeting Singapore
by Kristina Nordstrom March 4, 2015

March 4, 2015

Dear all, Please find the minutes from the Council meeting in Singapore on 11 February attached and let me know before 9 March if you wish to make any amendments. Kind regards, Kristina

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Dial in details Webinar on Incident Response Email List 11 March 08:00 / 20:00 UTC
by Kristina Nordstrom March 3, 2015

March 3, 2015

Dear all, Following Gabi's email regarding a Webinar on the Incident Response email list ("TLD-OPS") on 11 March 08:00 and 20:00 UTC, please find the dial in details below: Adigo numbers: http://adigo.com/icann/ Conference ID: 5258 Adobe Room: https://icann.adobeconnect.com/ccnso2015 Two-way audio will be available in the Adobe Room so you will be able to participate using your computer mic and speakers. Please let me know if you need dial out assistance. You do not need to RSVP, just join at the time most suitable for you! Kind regards, Kristina

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Re: [Cctldworld] [ccTLDcommunity] IAP DT Template - ccTLD list only
by Demi Getschko March 3, 2015

March 3, 2015

Patricio, my understanding (vis-a-vis with what GAC and ICANN was doing since 2000) is that when IANA "steps in" is just to provide valuable information for a fair proceedings... This information and positioning helps and informs the process to come to a conclusion... I really think it would be important for the easy transition not to overload IANA with police or deciding topics - keeping IANA just as an operational body... But may be I'm missing something best demi PS. RFC1591 is older than ICANN... With ICANN's inception we assumed in some way that the final decision about redelegations, originally in IANA, transited to ICANN, keeping IANA "funcion" just operational and informative... On 03/02/2015 11:09 PM, Patricio Poblete wrote: > I agree that the task of designing an appropriate appeals mechanism > for ccTLD managers that have been subject to a revocation should be > handled through a PDP in an appropriate time frame. > > However, I cannot agree with Demi that IANA has no role in > redelegations (except implementing what has been decided elsewhere). > For instance, RFC1591 says > > The IANA tries to have any contending parties reach agreement > among themselves, and generally takes no action to change things > unless all the contending parties agree; only in cases where the > designated manager has substantially mis-behaved would the IANA > step in. > > So, the IANA has the power to "step in" in cases of "substantial > mis-behavior". The FOI report says > > 4.2. The FOIWG interprets RFC1591 to permit the IANA Operator to > revoke a ccTLD delegation in appropriate circumstances where the > manager has substantially misbehaved (section 3.4 of RFC1591). > > 4.3. The FOIWG interprets “misbehaviour” (section 3.4 of RFC1591) > in this context to refer to conduct involving the failure of a > manager to (i) carry out the necessary responsibilities of that > role, or (ii) carry out those responsibilities in the manner > required by RFC1591. > > 4.4. The FOIWG interprets substantial misbehaviour (section 3.4 of > RFC1591) to involve misbehaviour (as defined above) that is either > egregious or persistent and may include performing the necessary > responsibilities of a manager in a manner that imposes serious > harm or has a substantial adverse impact on the Internet community > by posing a threat to the stability and security of the DNS. > > 4.5. The FOIWG interprets RFC1591 to limit the IANA Operator’s > authority to step-in to situations where substantial misbehaviour > by the ccTLD manager (a) poses a risk to the security and > stability of the DNS or (b) involves the manager's failure, after > notice and a reasonable opportunity to cure, to perform the > objective requirements (i.e., to be on the Internet, maintain IP > and email connectivity, identify a technical contact and to > identify an in-country administrative contact). > > 4.6. The FOIWG interprets RFC1591 to mean that the IANA Operator > should not step in regarding issues of equity, justice, honesty, > or – except insofar as it compromises the stability and security > of the DNS – competency, and that such issues would be better > resolved locally. > > > This is the FOI WG's interpretation of current policy. Are we going to > change it as part of the stewardship transition process? > > Patricio > > > On Mon, Mar 2, 2015 at 8:01 PM, Demi Getschko <demi(a)nic.br > <mailto:demi@nic.br>> wrote: > > I think that the issue of delegations and redelegations is not > related to IANA context. IANA just have to implement, in a right > way, what it is decided in other police arenas... Better not to > mix this issue with IANA oversight transition, in my view... > Best > demi > > > On 03/02/2015 07:34 PM, Keith Davidson wrote: > > Hi all, > > I would have thought the appropriate CWG action for this would > be to recognise that RFC1591 recommends an appeals mechanism > for delegations and redelegations, as highlighted by the FOI > final report, and then call on the ccNSO and the ccTLD > community to address this issue within a reasonable timeframe, > recognising there is insufficient time to build an appropriate > mechanism prior to the IANA transition. > > To me, it is a waste of time and energy, as well as being out > of scope, for the CWG to be addressing this issue. As ICANN > contracted parties, the gTLD community is far removed from the > issues surrounding RFC1591 and delegations and redelegations > of ccTLDs. There is no commonality, and ccTLD delegations and > redelegations is the sole property of the ccTLD community to > resolve. > > Cheers > > Keith > > On 3/03/2015 10:41 a.m., Chris Disspain wrote: > > Jay, All, > > Just for clarity, I am not saying that there shouldn't be > a mechanism. Indeed as a member of the FoI WG I agreed > with the report recommending that there should. > > My point is simply that work on such a mechanism is for > the ccTLDs to undertake and not within the remit of the > CWG and not something that must be done prior to > transition since such a mechanism, would need to be > created within a PDP. Please tell me if that is wrong > headed of me. > > > > Cheers, > > Chris Disspain | Chief Executive Officer > .au Domain Administration Ltd > T: +61 3 8341 4111 <tel:%2B61%203%208341%204111> | F: +61 > 3 8341 4112 <tel:%2B61%203%208341%204112> > E: ceo(a)auda.org.au <mailto:ceo@auda.org.au> | W: > www.auda.org.au <http://www.auda.org.au> > auDA – Australia’s Domain Name Administrator > > Important Notice - This email may contain information > which is confidential and/or subject to legal privilege, > and is intended for the use of the named addressee only. > If you are not the intended recipient, you must not use, > disclose or copy any part of this email. If you have > received this email by mistake, please notify the sender > and delete this message immediately. Please consider the > environment before printing this email. > > On 3 Mar 2015, at 08:01 , Jay Daley <jay(a)nzrs.net.nz > <mailto:jay@nzrs.net.nz>> wrote: > > Eberhard > > It would be very helpful if we could separate out the > two different points you are making as they are > getting confused. > > Your first point, that only the ccTLD manager should > have the ability to object/appeal/etc is well > understood and there is no consensus for anything > different from that. Let's keep that separate from > the second point. > > Your second point that you don't want an independent > appeal mechanism but would rather have a mechanism to > fix the board is surprising. Weren't you a member and > active participant in the FOI WG that produced the > report that Patricio quoted? > > 4.8. Note: The FOIWG believes it is consistent > with RFC1591 (section 3.4) and the duty to act fairly > to recognize the manager has the right to appeal a > notice of revocation by the IANA Operator to an > independent body. > > Have you now changed your mind? > > best > Jay > > On 3/03/2015, at 9:54 am, Dr Eberhard W Lisse > <el(a)lisse.na <mailto:el@lisse.na>> wrote: > > Jay, > > you might want to read up on what a tort is. > > But, the point I have been trying to make in > Singapore is still pertinent, if something is > wrong with the Board, we need to fix the Board not > add more layers which later will need fixing. > > We need to go much deeper than that, we need to > figure out what a ccTLD is and what the relation > of a ccTLD manager to the IANA Function Manager is. > > Acknowledging that an appeal mechanism of any sort > has input on a ccTLD would be contrary to my position. > > With regards to what is wrong with the Board, > interesting what the Malaysians say now about the > .ML repatriation from in-country to abroad... > > There can be 252 ccTLD Managers screaming, raving > and ranting, about the 253rd but it doesn't > matter, only what the 253rd (incumbent) manager > says is relevant for that ccTLD. > > el > -- > Sent from Dr Lisse's iPad mini > > -- > Jay Daley > Chief Executive > NZRS Ltd > desk: +64 4 931 6977 <tel:%2B64%204%20931%206977> > mobile: +64 21 678840 <tel:%2B64%2021%20678840> > linkedin: www.linkedin.com/in/jaydaley > <http://www.linkedin.com/in/jaydaley> > > > _______________________________________________ > ccTLDcommunity mailing list > ccTLDcommunity(a)cctld-managers.org > <mailto:ccTLDcommunity@cctld-managers.org> > http://www.lists.cctld-managers.org/mailman/listinfo/cctldcommunity > > To unsubscribe please send a blank email to > ccTLDcommunity-unsubscribe(a)lists.cctld-managers.org > <mailto:ccTLDcommunity-unsubscribe@lists.cctld-managers.org> > > _______________________________________________ > ccTLDcommunity mailing list > ccTLDcommunity(a)cctld-managers.org > <mailto:ccTLDcommunity@cctld-managers.org> > http://www.lists.cctld-managers.org/mailman/listinfo/cctldcommunity > > To unsubscribe please send a blank email to > ccTLDcommunity-unsubscribe(a)lists.cctld-managers.org > <mailto:ccTLDcommunity-unsubscribe@lists.cctld-managers.org> > > > _______________________________________________ > ccTLDcommunity mailing list > ccTLDcommunity(a)cctld-managers.org > <mailto:ccTLDcommunity@cctld-managers.org> > http://www.lists.cctld-managers.org/mailman/listinfo/cctldcommunity > > To unsubscribe please send a blank email to > ccTLDcommunity-unsubscribe(a)lists.cctld-managers.org > <mailto:ccTLDcommunity-unsubscribe@lists.cctld-managers.org> > > > > > _______________________________________________ > Cctldworld mailing list > Cctldworld(a)icann.org > https://mm.icann.org/mailman/listinfo/cctldworld

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Re: [ccTLDcommunity] [CWG-Stewardship] IAP DT Template - FORMAL OBJECTION
by Chris Disspain March 3, 2015

March 3, 2015

Allan, > So, overall, the objective with the proposed DT is to determine whether there is any form of consensus in the ccTLD community for an appeal mechanism for ccTLD delegations and redelegations in the limited sense described above. This will most likely include undertaking another survey of the broad ccTLD community at some point. It goes without saying, that if there is no consensus then there would be no basis on which to make any recommendations to the CWG. I invite you to join the DT to help us bring some closure to this issue. I can only try to be clearer. Firstly an IAP to deal with escalated disputes about IANA agreed service levels or performance is absolutely necessary and if that is intended to be the work of this design team then I shall be delighted to assist in any way I can. However, the proposed name of this team and the detailed description indicate that it is to do work on an appeals mechanism for ccTLd delegations and re-delegations and not on the other matters. There may well be consensus amongst ccTLDs that there needs to be some from of appeals process in respect to delegation and re-delegation. That is not the point. The point is that it is not within the remit of the CWG to deal with the issue. Nor is it ‘necessary’ for the issue to be dealt with prior to or as part of stewardship transition. The creation of an oversight or appeals mechanism regarding delegation and re-delegation is contemplated in RFC 1591 and ‘recommended’ in the Framework of Interpretation. The discussion around creation of any such mechanism and an actual decision to create such a mechanism sits fairly and squarely under the banner of policy and therefore can only be dealt with pursuant to the ccNSOs policy development processes. Discussions on this matter would need to be held by a ccTLD group that involves the GAC. The scope of those discussions would need to be carefully crafted to avoid falling foul of RFC 1591, the Framework of Interpretation and the GAC principles. It is an extraordinarily delicate subject that will take many many months to navigate to the satisfaction of the ccTLD community and governments. The ccNSO through its Council has accepted the report of the FoI WG and it will shortly be sending it to the ICANN Board. The next step is in the hands of the ccNSO. So, in summary, my problem is not with the principle of a delegation.re-delegation appeals mechanism. My problem is that the process for dealing with the discussion about it and then deciding to create it is a POLICY process and is in any event specifically excluded from the scope of the CWG by its charter. If I have misunderstood the intentions of this design team proposal or misinterpreted you in any way, I apologise in advance. Cheers, Chris Disspain | Chief Executive Officer .au Domain Administration Ltd T: +61 3 8341 4111 | F: +61 3 8341 4112 E: ceo(a)auda.org.au | W: www.auda.org.au auDA – Australia’s Domain Name Administrator Important Notice - This email may contain information which is confidential and/or subject to legal privilege, and is intended for the use of the named addressee only. If you are not the intended recipient, you must not use, disclose or copy any part of this email. If you have received this email by mistake, please notify the sender and delete this message immediately. Please consider the environment before printing this email. On 3 Mar 2015, at 05:31 , Allan MacGillivray <allan.macgillivray(a)cira.ca> wrote: > Chris – thanks for your comment on this proposed Design Team. Firstly, as the proposed leader of this DT, let me assure you that naming policy is not within the scope of our work and that I have no intention of letting our work veer into the area of policy for ccTLD delegations and redelegations. This is considered to be within the scope of the CWG. According to the charter, Accountability for the administration of the IANA functions (i.e., implementation and operational accountability), is properly within the scope of this working group. > > The idea of a ccTLD specific appeal mechanism is not a new one. The possible need for an appeal mechanism was included in the CWG’s December proposal wherein it said “All decisions and actions (including deliberate inaction) of the IANA Functions Operator that affect the Root Zone or Root Zone WHOIS database”. That paper included as an example “Disputes over the consistency of ccTLD delegation or redelegation decisions with accepted policy”. Further, the CWG RFP 3 group concluded that it should be up to the ccTLD representatives on the CWG to come up with a proposal, if this is needed. So, the question is not whether we should be discussing this issue, but rather whether there is enough consensus in the ccTLD community to proceed, or, if not, to discard the ideas. > > The CCWG has taken up the general issue of ‘appeals and redress’ but has decided to exclude ccTLD delegations and redlegations from their work. We had a discussion of this at the ccNSO meeting in Singapore on this issue but it was inconclusive. The survey that the CWG did of its own members and participants in January did provide some insight on this issue. Here are some pertinent excerpts from that survey: > > ▪ The grounds for an appeal should be limited to whether or not relevant policy was followed (Agree 95%, Disagree 5% - STRONG AGREEMENT). > ▪ The appeals process should only challenge whether established policies have been properly applied or adhered to by the IANA Functions Operator. It should not evaluate the merits of such policies (Agree 84%, Disagree 16% - STRONG AGREEMENT). > ▪ All decisions and actions of the IANA Functions Operator that affect third parties and impact the Root Zone or Root Zone WHOIS database should be subject to an independent appeals process (Agree 71%, Disagree 29%). > ▪ ccTLD registry operators should have standing to appeal delegation and re-delegation decisions to which they are a party that they believe are contrary to applicable laws and/or applicable approved ccTLD policy (Agree 97%, Disagree 3% - STRONG AGREEMENT). > ▪ ccTLD registry operators should have standing to appeal delegation and redelegation decisions to which they are a party that they believe are contrary to applicable laws and/or applicable approved ccTLD policy, even if the operator is not a party involved in the delegation or redelegation (Agree 54%, Disagree 46% - Split). > ▪ Governments should have standing to appeal any ccTLD delegation or redelegation decisions that they believe are contrary to applicable laws (Agree 60%, Disagree 40%). > ▪ Governments should have standing to appeal ccTLD delegation or re-delegation decisions that they believe are contrary to applicable laws only where that country`s ccTLD is involved (Agree 75%, Disagree 25%). Note: many “Is Acceptable” and “No Response” answers, so this is not classified as a “major agreement.” > > You can see that the respondents to this survey strongly agreed with the need for an appeal mechanism but this level of consensus fell sharply when comment of the details of the mechanism were sought. However, the ccTLD participation in the survey was limited as it was restricted to the CWG itself. (There are 5 ccTLD ‘members’ and another 15 ‘participants’, on the CWG). I do not know what the breakout of the above answers was for representatives of the ccTLD community. > > When the ccNSO first discussed this issue in Los Angeles there was virtual unanimity of the need for ‘an appeal mechanism’ (Eberhard, I have noted both your disagreement in Los Angeles and on this list). The survey of just ccTLDs that’s was taken last fall found that 94% of respondents agreed that: “If the IANA operator does not perform well or abuses its position the affected ccTLD should have the opportunity to (have access to) an independent and binding appeal process.” > > So, overall, the objective with the proposed DT is to determine whether there is any form of consensus in the ccTLD community for an appeal mechanism for ccTLD delegations and redelegations in the limited sense described above. This will most likely include undertaking another survey of the broad ccTLD community at some point. It goes without saying, that if there is no consensus then there would be no basis on which to make any recommendations to the CWG. I invite you to join the DT to help us bring some closure to this issue. > > > Allan > > > -----Original Message----- > From: cctldcommunity-bounces(a)cctld-managers.org [mailto:cctldcommunity-bounces@cctld-managers.org] On Behalf Of Chris Disspain > Sent: March-02-15 7:26 AM > To: cwg-stewardship(a)icann.org > Cc: ccNSO Members; ccNSO Council; cctldworld(a)icann.org; ccTLD Community List > Subject: Re: [ccTLDcommunity] [CWG-Stewardship] IAP DT Template - FORMAL OBJECTION > Importance: High > > All, > > The below is extracted from the IAP Appeals mechanism document: > > On January 30th CWG RFP3 reviewed a detailed document (available here) summarizing the status of the IAP proposal and information flowing from the survey. During the RFP3 discussion, it was noted that the IAP is in response to a request from ccTLDs. RFP3 concluded with the following ‘Request/Action:” “ccTLD members and participants in CWG to come up with a consistent proposal on IAP” (see https://community.icann.org/pages/viewpage.action?pageId=52232278 > > Later that day, January 30, the CCWG of Accountability sent a letter to the CWG indicating that it has begun to elaborate is own work and that it will include consideration of binding redress mechanisms. It has subsequently established an ‘Appeals and Redress’ work stream. In their January 30th letter, the CCWG also said that it has no intention to give an accountability mechanism decision-making powers relating to the (re)delegation of ccTLDs. > > In light of this, it is proposed that a Design Team consider the question of the potential need for a ccTLD delegation and redelegation appeal mechanism and the potential parameters of this. > > It is proposed that the Design team be made up of two to three ccTLD representatives and one or two GAC representatives. The DT will investigate the potential to include an expert that may have been identified to work with the CCWG on Accountability. > > > > On behalf of auDA, the ccTLD manager for .au I formally object to the terms of this design team which are specifically excluded from the charter of the CWG. Under the heading ‘Scope’ the charter states 'Additionally, issues related to naming policy e.g. delegation, redelegation or revocation of ccTLDs, RAA related policy issues etc. are not within the scope of the CWG” (https://community.icann.org/display/gnsocwgdtstwrdshp/Charter) > > Any work on matters relating to delegation and re-delegation of ccTLDs is a matter for the ccTLD community. > > > > Chris Disspain | Chief Executive Officer .au Domain Administration Ltd > T: +61 3 8341 4111 | F: +61 3 8341 4112 > E: ceo(a)auda.org.au | W: www.auda.org.au auDA – Australia’s Domain Name Administrator > > Important Notice - This email may contain information which is confidential and/or subject to legal privilege, and is intended for the use of the named addressee only. If you are not the intended recipient, you must not use, disclose or copy any part of this email. If you have received this email by mistake, please notify the sender and delete this message immediately. Please consider the environment before printing this email. > > On 2 Mar 2015, at 07:17 , Marika Konings <marika.konings(a)icann.org> wrote: > >> Dear All, >> >> On behalf of Allan MacGillivray, please find attached the completed template for the Independent Appeals Panel for ccTLD delegations / redelegations. >> >> Best regards, >> >> Marika >> <Design Team - IAP - 1 March >> 2015.docx>_______________________________________________ >> CWG-Stewardship mailing list >> CWG-Stewardship(a)icann.org >> https://mm.icann.org/mailman/listinfo/cwg-stewardship > > _______________________________________________ > ccTLDcommunity mailing list > ccTLDcommunity(a)cctld-managers.org > http://www.lists.cctld-managers.org/mailman/listinfo/cctldcommunity > > To unsubscribe please send a blank email to ccTLDcommunity-unsubscribe(a)lists.cctld-managers.org

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