In relation to the Expert Working Group Report, please also note pages 119 - 120 which note amongst others: 'To enable broad community input on this topic [risk and impact assessment], the EWG has decided to leave the RDS Risk Survey open through July 2014 and launch translated versions. Responses will be used to inform the ICANN Board's review of this report and as input to a future formal analysis of costs, risks and benefits for all stakeholders that would be impacted by replacement of WHOIS with the RDS'. The results of the survey can be found here: https://community.icann.org/download/attachments/45744698/RDS-Risk-Survey-R esults-28July2014.pdf?version=1&modificationDate=1406662309000&api=v2 (with additional information available here https://community.icann.org/x/OgK6Ag). Best regards, Marika On 02/10/14 15:26, "Avri Doria" <avri@acm.org> wrote:
Hi,
Thank you for the correction.
Nonetheless I believe that the issues report needs, to the extent possible, to include a list of the rights issue that need to be looked at so that the charter can define them as in scope.
Thanks
avri
On 02-Oct-14 09:08, Marika Konings wrote:
Hi Avri,
Per the PDP Manual, the impact analysis is the responsibility of the PDP WG once it has agreed on its proposed recommendations for the Initial Report ('The Initial Report should include the following elements (Š) A statement on the WG discussion concerning impact of the proposed recommendations, which could consider areas such as economic, competition, operations, privacy and other rights, scalability and feasibility').
Best regards,
Marika
On 02/10/14 14:58, "Avri Doria" <avri@acm.org> wrote:
Hi
I do not remember when the PDP process changes that required the rights impact analysis be included in issues reports went into effect. Was that rule in effect at the time the first Issue report was done.
In any case, I want to make sure that the Final issues report covers any rights impact that the EWG report may introduce that were not already discussed in either the EWG final report of the first Preliminary issues report.
As for including the charter, given that I think it needs to be a revision of the preliminary and various consideration have not been framed to drive the the charter, I would think not in that preliminary issues report. But I can see including a proposed charter in the final that was produced.
It would work out to something like:
Preliminary issues + EWG final -> revised Preliminary issues -> comment period -> Final issue including a proposed charter -> council approval of charter &c.
For parallelism, a drafting team could work with policy staff to produce the draft charter during the comment period interval as they could watch the comments coming in. They could even start sooner. once the path forward was established.
thanks
avri
On 01-Oct-14 03:22, Marika Konings wrote:
Thanks, Avri, you are correct. Nothing prevents another public comment period on the Issue Report. However, it may be worth considering what the objective of such a public comment period would be. As also noted on the call, the main objective of a public comment period on the Preliminary Issue Report is 1) to make sure all the relevant information that is aimed to help inform the PDP WG deliberations has been covered and 2) to provide input on whether the GNSO Council should initiate a PDP. As two is not relevant in this case as it concerns a Board initiated PDP for which there is no Council vote on the initiation, the public comment forum would focus on 1 - is there any further relevant information that should be included to help inform the PDP WG deliberations. If the objective of the public comment forum would be to obtain input on the substance of the information to be considered as part of the PDP deliberations, this is typically done at the outset of the PDP WG which is required to obtain input to help inform its deliberations at an early stage.
As the Issue Report was originally requested by the Board, this is probably one of the topics that could be considered by the informal group as part of the conversation on what should be the next step(s) in this process.
One other thing that could be considered in this regard is that if there is indeed agreement to re-issue the Preliminary Issue Report for public comment, whether it would be helpful to include a proposed charter for the PDP WG as we have also done in recent Preliminary Issue Reports as part of our PDP improvements project. This could have the added benefit of obtaining input on the scope for the PDP WG as well as proposed approach for dealing with the subject matter which could help inform discussions on the charter in the next phase of the PDP.
Best regards,
Marika
On 01/10/14 00:03, "Avri Doria" <avri@acm.org> wrote:
Hi,
Thanks for this. It is good to see pictorially what is being thought of.
I think that because the first review of the issues report was over a year ago, because the inclusion of EWG brings up new consideration on that issue report and because of intervening policy issues, we need to have another review period before a final issues report can be released.
I know that the PDP process does not require this, but neither does the PDP prohibit it and given the unusual circumstances of this process it is necessary.
avri
On 30-Sep-14 03:51, Marika Konings wrote:
Dear All,
Following our discussion last week, please find attached a flow chart in which we've tried to describe in further detail where from a staff perspective the gTLD Registration Services PDP stands and how it relates to the EWG Final Report as well as the informal group proposed by Steve Crocker to discuss next steps. As we also tried to make clear on the call and which the flow chart will hopefully show, is that the PDP has been following the required steps as outlined in the ICANN Bylaws as well as Annex A and that the EWG is in no way circumventing this process but merely providing additional insights and information that will hopefully help inform subsequent deliberations, something that from our perspective is fully in line with the objective of fact-based policy development. We hope this may be helpful as the Council considers next steps and engages with the Board in the proposed informal discussion.
Best regards,
Marika