Thanks Jeff, We've been following the discussion and are in the process of producing more detailed advice which will be forthcoming. However I can respond to points 1 & 4 now. It is our view that the subpro work is akin to refining the machinery while initiating a round is using the machinery. One necessarily precedes the other and we support the subpro work. We want it completed before we start using it in the future. On point 4: this is documented in ALACs #ICANN65 talking points document as well as recordings and transcripts of ALAC's session with GDD. We've also communicated this to the board with regularity and the other ACs. At Large's Consolidated Policy Working Group (CPWG) will be providing further detail as you requested. Sent from my Pixel 3XL John Laprise, Ph.D. On Thu, Jul 11, 2019, 10:52 AM Jeff Neuman <jeff.neuman@comlaude.com> wrote:

Thanks John for this e-mail.

We discussed this comment and a few questions were raised during the call last night.

1. “ALAC will not support a new gTLD round….” Can you please confirm that the ALAC position refers only to the opening of the application window as opposed to ICANN and the community taking steps to prepare for the opening of the next application window. When something like this came up previously with respect to the NCAP studies being a dependency for the next round, Justine in the attached e-mail, explained:

*“The Subsequent Procedures WG can conclude its work, and implementation may proceed, BUT EITHER ICANN may not launch the application window until the NCAP study(ies) are completed and any recommendations resulting from those study(ies) are addressed in implementation OR ICANN may launch the application window and start the evaluation process, but no TLD may be delegated until the NCAP Study(ies) is/are completed and any recommendations resulting from those study(ies) are retroactively incorporated.”*

Can you please explain if this should be interpreted similarly – namely, that implementation can proceed in ALAC’s view?

1. “full implementation of CCT….recommendations are fully implemented.” As you are no doubt aware, the CCT recommendations contain a number of levels. Some are labeled as pre-requisites to the launch of the next round, others are not.

1. Is the ALAC only referring to those recommendations that are deemed to be pre-requisites? Or is the ALAC actually referring to ALL recommendations regardless of how they were labeled? 2. In addition, not all of the recommendations were accepted by the ICANN Board for immediate implementation. Is the ALAC referring to only the ones that were accepted by the ICANN Board or to literally all of the recommendations regardless of whether they were accepted by the ICANN Board.

1. “full implementation of…RPM Recommendations are fully implemented” 1. Is the ALAC only referring to Phase One of the RPM work or to both Phase One (New gTLD protections) and Phase Two (UDRP)? 2. The GNSO RPM PDP Working Group leaders represented to the GNSO Council that they only believed that Phase One needed to be implemented by the time the first new gTLD in the next round enters into an Agreement or is delegated (not sure there was agreement on which one). But in either case the GNSO has discussed the possibility of moving forward with SubPro (assuming it finishes first and has consensus recommendations accepted by the Council, etc.) even if the RPM Phase 1 Work is not done. So, this is really related to Question 1 (see above).

1. Finally, your e-mail refers to “ALAC’s position as asserted to ICANN GDD at ICANN65.” 1. Is that position documented? And if so, can you please send the position statement and rationale to this PDP Working Group for our review? 2. When was the ALAC position communicated to ICANN GDD? 3. Is there a transcript, presentation material, etc. of that meeting and can they be sent to this Working Group for Review?

I know these seem like a lot of questions, but I am assuming the e-mail you sent us was a brief summary of the conclusion of the ALAC position and it would be helpful for us to have all of the detail.

Thanks.

*Jeffrey J. Neuman* Senior Vice President

*Com Laude | Valideus *1751 Pinnacle Drive , Suite 600 Mclean , VA 22102 UNITED STATES

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*From:* Gnso-newgtld-wg <gnso-newgtld-wg-bounces@icann.org> *On Behalf Of *John Laprise *Sent:* Wednesday, July 10, 2019 10:20 PM *To:* gnso-newgtld-wg@icann.org *Cc:* 'ALAC Members' <ALAC-members@icann.org>; 'ICANN At-Large Staff' < staff@atlarge.icann.org> *Subject:* [Gnso-newgtld-wg] ALAC position on newgTLD subpro

Hi everyone,

Just a useful reminder of ALAC’s position as asserted to ICANN GDD at ICANN65:

ALAC will not support a new gTLD round until full implementation of CCT and RPM recommendations are fully implemented.

Best regards,

John Laprise, Ph.D.

NARALO ALAC Representative

ALAC Vice Chair-Policy

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---------- Forwarded message ---------- From: Justine Chew <justine.chew@gmail.com> To: Jeff Neuman <jeff.neuman@comlaude.com> Cc: "gnso-newgtld-wg-sgb@icann.org" <gnso-newgtld-wg-sgb@icann.org>, Olivier MJ Crepin-Leblond <ocl@gih.com>, Jonathan Zuck < JZuck@innovatorsnetwork.org> Bcc: Date: Mon, 1 Apr 2019 14:18:28 +0000 Subject: Re: [GNSO-NewGTLD-WG-SGB] ALAC responses to Sub-group B triage exercise on Topics 2.7.5 IDNs and 2.7.8 Name Collisions Hi Jeff,

In reply to your request for further clarification, the ALAC is saying:

The Subsequent Procedures WG can conclude its work, and implementation may proceed, BUT EITHER ICANN may not launch the application window until the NCAP study(ies) are completed and any recommendations resulting from those study(ies) are addressed in implementation OR ICANN may launch the application window and start the evaluation process, but no TLD may be delegated until the NCAP Study(ies) is/are completed and any recommendations resulting from those study(ies) are retroactively incorporated.

Kind regards,

Justine Chew ALAC liaison for Subsequent Procedures -----

On Mon, 25 Mar 2019 at 22:10, Jeff Neuman <jeff.neuman@comlaude.com> wrote:

...

Thanks Justine and thanks to the ALAC. I have one further clarification question on Name Collisions:

Below it states: “*Based on recent developments to the SSAC NCAP, the ALAC advocates for any implementation, if not development, of policy with respect to dealing with Names Collision, be subject to informed guidance from the SSAC NCAP Study 1, at the minimum, as well as Study 2 and Study 3 (if Studies 2 and 3 were to proceed), and that the policy allow for the implementation to take any NCAP recommendations into full account.”*

This can be interpreted in a number of different ways. Is the ALAC saying:

1. SubPro should include a reference to the NCAP study(ies) in its Final Report and state that the implementation of the Next Round include recommendations (if any) from the that study (those studies) if and when those are made available. The New TLD Program can continue and launch, but just have a process to allow for changes due too the results of the NCAP Study(ies); or 2. SubPro should not complete its work in producing a final report until NCAP Study(ies) is/are completed; or 3. SubPro can conclude its work, but implementation cannot begin until the NCAP Study(ies) is/are completed; or 4. SubPro can conclude its work, implementation can continue, but ICANN may not launch the application window until the NCAP study(ies) are completed; or 5. SubPro can continue its work, implementation can complete, ICANN can launch the application window and go through the evaluation process, but the TLD may not be delegated until the NCAP Study(ies) is/are completed; 6. None of the above?

As we get down to the wire it is going to be incredibly important to make sure that we are precise. All 5 options above could be consistent with the statement above.

Thanks!

*Jeff Neuman*

Senior Vice President

*Com Laude | Valideus *1751 Pinnacle Drive

Suite 600, McLean

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*From:* GNSO-NewGTLD-WG-SGB <gnso-newgtld-wg-sgb-bounces@icann.org> *On Behalf Of *Justine Chew *Sent:* Sunday, March 24, 2019 10:05 PM *To:* gnso-newgtld-wg-sgb@icann.org *Cc:* Olivier MJ Crepin-Leblond <ocl@gih.com>; Jonathan Zuck < JZuck@innovatorsnetwork.org> *Subject:* [GNSO-NewGTLD-WG-SGB] ALAC responses to Sub-group B triage exercise on Topics 2.7.5 IDNs and 2.7.8 Name Collisions

Dear all,

Thank you for allowing the ALAC the opportunity and time to respond to the following alert and request for clarification on the topics of (I) 2.7..5 IDNs and (II) 2.7.8 Name Collisions, respectively. I thankfully had the opportunity to properly consult my colleagues during ICANN64 on the same and am now pleased to provide the following ALAC responses.

I would be most grateful for an acknowledgment of receipt of this email, by leadership and/or staff, noting that Sub-group B has completed its work on 5 March, so that the ALAC can be assured these feedback will be taken into account accordingly in the upcoming deliberations of the Subsequent Procedures WG at the plenary level.

* (I) 2.7.5 IDNs* At the Sub-group B's call of 20 February, Rubens Kuhl very kindly alerted us to a contradiction in ALAC's comment to *Q 2.7.5.e.2* and afforded an opportunity to remove the contradiction. The ALAC gratefully accepts the opportunity and wishes to re-state its comment as follows:-

*The ALAC suggests that the "Same Entity Constraint" is enforced for all variants, ie all variants are either allocated to the same registrant as the primary label, or blocked. This would require registries (and possibly registrars) to implement the necessary checks during the registration process. Further, registrants may need to be educated about the reasons why such a constraint exists.*

*(II) 2.7.8 Name Collisions* At the Sub-group B's call of 5 March, there was a request/action item for me to clarify the ALAC comment of "Wait on SSAC recommendations" to all preliminary recommendations and questions in section 2.7.8, except for 2.7.8.c.1. In response, the ALAC wishes to re-state its comment for clarity, and which is in line with its comment to preliminary recommendation 2.7.8.c.1, as follows:-

*Based on recent developments to the SSAC NCAP, the ALAC advocates for any implementation, if not development, of policy with respect to dealing with Names Collision, be subject to informed guidance from the SSAC NCAP Study 1, at the minimum, as well as Study 2 and Study 3 (if Studies 2 and 3 were to proceed), and that the policy allow for the implementation to take any NCAP recommendations into full account. *

FYI, I have copied Olivier Crepin-Leblond and Jonathan Zuck for their information, in their capacity as Co-Chairs of the At-Large Consolidated Policy Working Group (CPWG).

Many thanks and kind regards,

Justine Chew

ALAC liaison for Subsequent Procedures

-----