Hi Peter, Again, thank you for your feedback on the SPIRT presentation provided in the June Council meeting. By way of further update to my email response below, in the July 8 SPIRT meeting, I raised an issue regarding the recent redline in the Predictability Framework which added the SPIRT to the group that can develop temporary solutions to policy issues that arise during the implementation phase. The Sub Pro Final Report states clearly on page 16 that the Predictability Framework is not a tool for developing new policy. (See excerpt at the bottom of this email.) Accordingly, in my capacity as Council Liaison to the SPIRT, I have added a proposed revision to our draft SPIRT Charter text stating that SPIRT may only be involved in the development of a temporary solution to an issue that falls in the category of requiring new policy development if Council specifically authorizes the SPIRT to take up that task. (To my mind, this would be on a case-by-case basis and not "pre-authorized" by the terms of the Predictability Framework and the SPIRT Charter since Council may choose a different mechanism for developing temporary solutions to policy issues depending on the nature of the policy issue.) I do not know at this point whether the SPIRT team will accept the suggested revision to the draft since SPIRT Drafting Team Leadership took the view in our July 8 meeting that the existing text was ready to be approved "as-is" and that: (1) If it is a temporary solution, it is not policy and 2) It's ok for the SPIRT to develop temporary policy solutions in collaboration with the Council, the Board, and ICANN Org "on the fly" when needed. I understand that Leadership is motivated by a strong desire to finish the drafting work. However, I believe the work must accurately reflect the Sub Pro Final Report which contains the language excerpted below. Accordingly, after having sent several emails to the IRT and the SPIRT lists expressing this concern during the past week, I raised this issue in person at the Sub Pro IRT meeting today. Lars has been on vacation and will review the issue in the coming days. Following the IRT meeting, another IRT member contacted me privately to say that SPIRT should not be involved at all in the development of temporary solutions to address policy issues that arise in the then-current round because that would be contrary to the Sub Pro Final Report. Hopefully the IRT and the SPIRT will be willing to address this jointly before the draft Charter is presented to Council. If not, I won't be able to recommend the Charter to the Council for a yes vote and have so advised the SPIRT team Leadership. Again, thanks for your concern previously expressed. Given those concerns from you as a voting Council member, I wanted to keep you up to date on further developments. (All Council members are copied on this email.) Hoping to report good news in the near future... Anne From the Sub Pro Final Report - page 16. "The Predictability Framework is principally: • A framework for analyzing the type/scope/context of an issue and if already known, the proposed or required Program change, to assist in determining the impact of the change and the process/mechanism that should be followed to address the issue. *The framework is therefore a tool to help the community understand how an issue should be addressed as opposed to determining what the solution to the issue should be; the framework is not a mechanism to develop policy. The Framework is not intended to identify the solution to an issue but rather, to identify the proper mechanism to reach a solution in a consistent and procedurally sound manner*. Therefore, this Framework complements the existing GNSO processes and procedures. It is not intended to be a substitute or replacement for those, nor should the Framework be seen as supplanting the GNSO Council’s decision-making authority. On Sat, Jul 6, 2024 at 8:14 AM Anne ICANN <anneicanngnso@gmail.com> wrote:
Thank you Peter. Apologies for the delayed reply but there has been a lot happening on the SPIRT team and in the Sub Pro IRT in relation to the issue you have raised re Annex E.
Actually the attached slides presented at Council were designed to point out the very specific areas where the SPIRT Charter differs from Annex E. In general, the team views Annex E as Implementation Guidance and felt it was necessary to conform that guidance to the procedural steps reflected in the Predictability Framework that was published for comment at the IRT Level.
In fact, there is now a new sentence in our draft that states that in the event of a conflict between the methodology specified in the SPIRT Charter and the procedures specified in the Predictability Framework, the Predictability Framework procedures will govern.
Having said that, the team has also clarified that ICANN Org is not the only body that can classify or "triage" an issue that arises. If the issue arises at the ICANN Org level, ICANN Org will make an initial classification. However, both the SPIRT Charter and the Predictability Framework now make clear that if an issue is raised by the Council or by the Board and brought to the SPIRT, then the SPIRT will make an initial classification of the issue in one of the categories relative to (1) whether or not the issue will have a material impact on Applicants and (2) whether or not it can be solved inside existing policy or else new policy is required.
The slides presented at Council say that ICANN Org will perform all triage, but again, that has been corrected in the current draft of the SPIRT Charter.
Thank you for taking the time to comment. Our last meeting (hopefully) is this coming Monday. Please let me know if you have additional questions and of course Council meetings are for open discussion on these matters. At this point, I am not sure whether the SPIRT Charter will be brought forward in July or later.
Please do reply all with any additional comments or questions you may have.
Anne Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2024 anneicanngnso@gmail.com
On Tue, Jun 25, 2024 at 7:52 PM Akinremi Peter Taiwo < compsoftnet@gmail.com> wrote:
Dear Anne,
Thank you for your excellent presentation on the SPIRT charter during the council session. I noticed that the presentation did not touch on the inconsistency between Annex E and the proposed charter during the council meeting. I understand that time constraints may have limited a more detailed discussion.
I wanted to know if there is an ongoing conversation concerning resolving the inconsistency in Annex E and the proposed charter to prevent potential conflict and confusion.
And thank you for the follow-up, Anne.
Kind regards. Peter
On Mon, Jun 24, 2024 at 12:57 PM Anne ICANN <anneicanngnso@gmail.com> wrote:
Peter, I wanted to follow up with you as to any questions you may have with respect to the SPIRT Charter presentation. We need to act quickly on this in order to get your feedback.
The SPIRT Chair and Vice Chair are copied as well as ICANN staff in charge of supporting the drafting team. We only have two more meetings at this point over the next two weeks.
Thank you, Anne
Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2024 anneicanngnso@gmail.com
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