Hi,
Thanks for your note.
First I am assuming it does not constitute an objection to sending the comment onto ALAC for approval.
As for your question, i have no such recollection, but i am not one of the official memories for SubPro; though I followed it rather closely, I was only an observer to the PDP and interaction with the staff, trying not to tip the scales the last years. I did just do a cursory check of the SubPro Report and see only a glancing reference to the Cyber security incident Log on p64. For quick completeness sake also checked the ODP, but saw no reference there either. I am sure there are more records one could check looking for a referenc and one could do a more through record check than I did..
Happy to chat in Istanbul and after.
Good luck with your US election labors tomorrow. and be safe. And good travels.
avri
Hello All,
My concern about ICANN and the contracting parties using bilateral negotiations to circumvent the true multistakeholder models regarding cyber security incident reporting appears to have been justified. Attached is the new baseline RA for the next round of new gTLDs, which was released on November 1st. Not surprisingly, you will notice a new provision regarding cyber incident reporting under paragraph 2.19 (page 10 of 125).
Here is my question to Avri. Are you in a position to comment on whether cyber incident reporting was something that was being actively discussed over the past couple of years or does this appear to be something that has just surfaced coincidently in connection with the .COM RA?
While I will only be in Istanbul briefly (Friday, Saturday and Thursday) I would like to find time with anyone willing to discuss this clearly emerging trend and what we want to do about it.
Best regards,
Michael
From: Alberto Soto via CPWG <cpwg@icann.org>
Sent: Saturday, November 2, 2024 8:12 AM
To: 'Maureen Hilyard' <maureen.hilyard@gmail.com>; 'Bill Jouris' <b_jouris@yahoo.com>; 'CPWG' <cpwg@icann.org>
Subject: [CPWG] Re: Draft Statement on .COM RA
In a multi-stakeholder environment, no contractual negotiation should be confidential. Once signed, the contract cannot be modified except by each of the parties. But what happens if, once signed, something is inconvenient for one of the multiple stakeholders?
Regards
Alberto
De: Maureen Hilyard via CPWG <cpwg@icann.org>
Enviado el: sábado, 2 de noviembre de 2024 04:18
Para: Bill Jouris <b_jouris@yahoo.com>; CPWG <cpwg@icann.org>
Asunto: [CPWG] Re: Draft Statement on .COM RA
Excellent question, Bill
Especially when the original inputs by our volunteers have involved hours of unpaid time. The final resolution has to be endorsed by the Empowered Community. The community leaders should raise this anomoly before it gets to that stage.
M
On Sat, 2 Nov 2024, 6:38 am Bill Jouris via CPWG, <cpwg@icann.org> wrote:
I am not a lawyer, but perhaps one of the lawyers among us can clear up something for me. Olivier notes that
It has asked, at least on one occasion, whether it was possible for it to have observers participate at bilateral contractual negotiations should these negotiations be allowed to introduce significant changes to the policy recommendations that were drawn by the Community in the Policy Development Process. This was refused since "Contractual negotiations have to be kept confidential"
Can some one explain why "Contractual negotiations have to be kept confidential" ? I can see some reasons why it might, in some cases, make negotiations smoother. But is there some kind of legal requirement here? If so, there's nothing more to say. But if not, it seems worthwhile to push back a bit on this.
Bill Jouris
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