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Proposed agenda - New gTLD Subsequent Procedures PDP WG - Monday, 18 November 2019 at 15:00 UTC
by Julie Hedlund Nov. 18, 2019

Nov. 18, 2019

Dear all, Please find below the proposed agenda for the call on Monday, 18 November 2019 at 15:00 UTC for 90 minutes: 1. Welcome and Updates to Statements of Interest 2. Review of summary documents: a. Registry System Testing: https://docs.google.com/document/d/1RGB1DYMZAb62izAV0Uxo9pmEskYzZ4SGSa4JqWQ… (page 2) b. TLD Rollout: https://docs.google.com/document/d/1eYhtbK_sEKWzdUjwg7zURL2HnKYTYCJeItX-h66… (page 2) c. Contractual Compliance: https://docs.google.com/document/d/1eYhtbK_sEKWzdUjwg7zURL2HnKYTYCJeItX-h66… (time permitting, page 6) 3. AOB If you need a dial out or would like to submit an apology, please email gnso-secs(a)icann.org<mailto:gnso-secs@icann.org>. Kind regards, Julie Julie Hedlund, Policy Director

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Re: [Gnso-newgtld-wg] Proposed agenda - New gTLD Subsequent Procedures PDP WG - Monday, 18 November 2019 at 15:00 UTC
by Alan Greenberg Nov. 18, 2019

Nov. 18, 2019

I support Jim's position, and will elaborate on one aspect. Our first report was more a set of questions than a report. If we do not put out the entire package now, we will have one of two choices: - We will issue a DRAFT Final report which will be the first time the wider community will be seeing our work, and it will likelt result in significant comment requiring us to revisit many issues. - We will go directly to a final report without a further comment period and the first time the community will see the entire package is when the Board puts it out for comment following GNSO approval. So I do understand that putting out the entire report now, instead of selected snippets, will take more time and effort. But I believe that it will ultimately shorten the overall time to get Board action. Alan At 15/11/2019 10:18 AM, Jim Prendergast wrote: Thanks Julie for the Agenda. I’d like to add to either AOB or another agenda item in its own right the question of what is put out for the comment in the next comment period. We discussed this in Montreal but I don’t feel like we have closure on a pretty important question. During our sessions at ICANN, the WG discussed the merits of a comment period for just new items or a broader one focused on the entire effort. Over the course of attending several other non-Sub Pro meetings where our work was discussed by the ICANN community, my thinking on this has evolved and I want to share with the broader group the reasons why putting out all of our draft final recommendations with the new items is the prudent path forward. Going into the ICANN meeting, I personally didn’t have a firm sense of the workplan or timing. But seeing the timelines and hearing Jeff say that we should have draft final recommendations in December helped clarify where we are in this process. We are almost there. During our the discussion, “Putting the entire document out” was a vague term which really didn’t define the request very well. But now knowing we will soon have draft final recommendations as well as some open items makes it much more manageable. With draft final recommendations, the community can clearly see where the group is headed and will be less inclined to come back with the open-ended type of comments we saw from with the initial and supplemental initial report. And of course, we want feedback on the open items. Some specific benefits of a comment period inclusive of draft final recommendations: Context � Greg SShatan raised a very good point about only putting out pieces of the report and that it doesn’t give the community any sense of context in how they fit into the larger report. Can someone who is concerned with applicant support really comment on contention resolution without knowing what support mechanisms there are for applicants from underserved regions? As many in the community have not been following the deliberations of this group, they need the context to understand how everything works together. Interdependencies �� As several people noted, our final report will be a rather complex with lots of interplay between sections. As such, allowing the community the chance to see how the different pieces fit together will paint a more comprehensive picture of how this effort will ultimately look. Without having the entire document to review, it’s impossible to see the various interdependencies. Changes vs Status Quo - People will naturally focus on any changes to the 2012 round we propose because those are new and different. But I think putting entire set of proposed final recommendations, including where we recommend no change (the status quo) is valuable as well in case the Board, GAC or others are expecting a change to something and we decided not to make any. Helps avoid those surprises. CCT-RT � This report, and ICANN’s and SubPro’�s handling of it, is on just about everyone’s radar and was one of 3 Consensus Advice items in the GAC communique. I realize we are still finalizing our position on this but given the high-profile nature of this report, especially in the context of the DNS abuse discussions, we should be sure that everyone knows what we will be recommending before it is finalized. If there is an expectation by the Board, GAC, Org or the community that we should be doing more, then we need to hear that now and not after the report is finalized. Completeness check � having the draft final recommendations avvailable for comment will help not only this group, but the Board and Org, spot any potential gaps in our policy making recommendations. I liken this to having an editor review a draft before it is sent to the publisher. Are we missing anything? The ICANN Board and Org do not want to be in the same position as 2012 when they were forced to make policy as part of implementation because there were gaps in the Guidebook and related policies. To date, no one in the WG has seen the whole picture so it’s important for us to do our own completeness check. Process � some peeople have raised an issue with whether the initial report was in fact an initial report according to GNSO guidelines. By putting all the draft final recommendations out for review, I believe it might satisfy those who have raised this issue. Mind the GAC - During the session on Sub Pro with the GAC, Swiss GAC representative Jorge Cancio made it clear that GAC wants to see the report before the final recommendations “crystalize.” This comment period could accomplish this. Knowing that the GAC now has a “Focal Group” on Subsequent Rounds will hopefully lead to a more efficient process where we receive feedback that could help us avoid GAC advice further down the road. I am more confident in the Sub Pro WG’s ability to respond to GAC feedback now in a timely manner than I am with the Board’s ability to deal with GAC advice in a timely manner later. I’d rather get the bad news now and not later � As with GAC advicee, I’d want to get concerns from the Board and Org now and not after this has been sent to them by Council. We can address any substantive issues now as a group and avoid having the Council reconstitute this group if the Board sends the report back with guidance/Instruction. When Cherine said that the Board would act quickly once they receive the report from Council, don’t make the mistake of assuming they will quickly approve something. They could just as easily act quickly and send it back to us. Then we are really stuck. New comers � Despite lamentations from tthe co-chairs to the GNSO council about newcomers not familiarizing themselves with the work of the WG, when people raised Sub Pro issues with the Board either during constituency day or the Public Forum, the response given by the Board was “get involved with Sub Pro.” Having a broader comment period allows such involvement without necessarily disrupting the pace of the work of the group as a whole. It also allows those of us who have been working on this the entire time to see a full draft report. Something we have not seen yet. The initial report was far from complete and the supplemental was a subset of topics. While having a broader comment period now will yield more work and possibly add more time to an already tenuous timeline, I strongly believe it will help us save time later in the process by heading off any surprises for and from the Board, GAC and the community at large. Thanks for making it this far and talk with you on Monday. Have a good weekend. Jim Prendergast The Galway Strategy Group +1 202 285 3699 @jimpren From: Gnso-newgtld-wg <gnso-newgtld-wg-bounces(a)icann.org> On Behalf Of Julie Hedlund Sent: Thursday, November 14, 2019 3:28 PM To: gnso-newgtld-wg(a)icann.org Subject: [Gnso-newgtld-wg] Proposed agenda - New gTLD Subsequent Procedures PDP WG - Monday, 18 November 2019 at 15:00 UTC Dear all, Please find below the proposed agenda for the call on Monday, 18 November 2019 at 15:00 UTC for 90 minutes: 1. Welcome and Updates to Statements of Interest 2. Review of summary documents: a. Registry System Testing: https://docs.google.com/document/d/1RGB1DYMZAb62izAV0Uxo9pmEskYzZ4SGSa4JqWQ… (page 2) b. TLD Rollout: https://docs.google.com/document/d/1eYhtbK_sEKWzdUjwg7zURL2HnKYTYCJeItX-h66… (page 2) c. Contractual Compliance: https://docs.google.com/document/d/1eYhtbK_sEKWzdUjwg7zURL2HnKYTYCJeItX-h66… (time permitting, page 6) 3. AOB If you need a dial out or would like to submit an apology, please email gnso-secs(a)icann.org<mailto:gnso-secs@icann.org>. Kind regards, Julie Julie Hedlund, Policy Director _______________________________________________ Gnso-newgtld-wg mailing list Gnso-newgtld-wg(a)icann.org https://mm.icann.org/mailman/listinfo/gnso-newgtld-wg _______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy ( https://www.icann.org/privacy/policy) and the website Terms of Service ( https://www.icann.org/privacy/tos) You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on.

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CPE: Supplementary Guidelines 4-B: Opposition
by Jeff Neuman Nov. 14, 2019

Nov. 14, 2019

This one we discussed on the call extensively and I think we already discussed making sure that the there be a balance of support and opposition. If an Applicant demonstrates support from the community and earns full credit on Support, then the opposition MUST be substantial in order get points taken off. One letter from one individual or group should not necessarily be enough to lose a point (unless that group is substantial in terms of representing the community). Here is what the FTI Group states on Opposition. Sub-Criterion 4-B: Opposition To receive two points for Opposition, an application must have no opposition of relevance.197 To receive one point, an application may have relevant opposition from no more than one group of non-negligible size.198 Nine CPE reports recorded one point for Opposition.199 In each instance, the CPE Provider determined that the underlying applications received relevant opposition from no more than one group of non-negligible size. Opposition was deemed relevant on several grounds: (i) opposition was from a community not identified in the application but had an association to the applied-for string;200 (ii) the application was subject to a legal rights objection (LRO);201 or (iii) opposition was not made for any reason forbidden by the Applicant Guidebook, such as competition or obstruction.202 Seventeen CPE reports recorded the full two points for Opposition.203 The CPE Provider determined that the applications corresponding to 17 CPE reports did not have any letters of relevant opposition.204 Ultimately, FTI observed that the CPE Provider engaged in a consistent evaluation process that strictly adhered to the criteria and requirements set forth in the Applicant Guidebook and CPE Guidelines. FTI observed no instances where the CPE Provider's evaluation process deviated from the applicable guidelines pertaining to the Community Endorsement criterion. Based on FTI's investigation, FTI concludes that the CPE Provider consistently applied the Community Endorsement criterion in all CPEs. While the CPE Provider awarded different scores to different applications, the scoring decisions were based on the same rationale, namely a failure to satisfy the requirements that are set forth in the Applicant Guidebook and CPE Guidelines. 197 Id. at Pg. 4-17. 198 Id. 199 MERCK (KGaA) CPE Report (https://www.icann.org/sites/default/files/tlds/merck/merck-cpe-1-980- 7217-en.pdf); MERCK (RH) CPE Report (https://www.icann.org/sites/default/files/tlds/merck/merck-cpe-1- 1702-73085-en.pdf); SHOP (Commercial Connect) CPE Report (https://www.icann.org/sites/default/files/tlds/shop/shop-cpe-1-1830-1672-en…) GAY CPE Report (https://www.icann.org/sites/default/files/tlds/gay/gay-cpe-1-1713-23699-en.…) GAY 2 CPE Report (https://www.icann.org/sites/default/files/tlds/gay/gay-cpe-rr-1-1713-23699-…) LLP CPE Report (https://www.icann.org/sites/default/files/tlds/llp/llp-cpe-1-880-35508-en.p…) LLC CPE Report (https://www.icann.org/sites/default/files/tlds/llc/llc-cpe-1-880-17627-en.p…) INC CPE Report (https://www.icann.org/sites/default/files/tlds/inc/inc-cpe-1-880-35979-en.p…) and MUSIC (.music LLC) CPE Report (https://www.icann.org/sites/default/files/tlds/music/music-cpe-1-959-51046-…) No CPE reports recorded zero points for Opposition. 200 LLP CPE Report (https://www.icann.org/sites/default/files/tlds/llp/llp-cpe-1-880-35508-en.p…) LLC CPE Report (https://www.icann.org/sites/default/files/tlds/llc/llc-cpe-1-880-17627-en.p…) and INC CPE Report (https://www.icann.org/sites/default/files/tlds/inc/inc-cpe-1-880-35979-en.p…) 201 MERCK (KGaA) CPE Report (https://www.icann.org/sites/default/files/tlds/merck/merck-cpe-1-980- 7217-en.pdf); and MERCK (RH) CPE Report (https://www.icann.org/sites/default/files/tlds/merck/merckcpe-1-1702-73085-…) 202 GAY CPE Report (https://www.icann.org/sites/default/files/tlds/gay/gay-cpe-1-1713-23699-en.…) GAY 2 CPE Report (https://www.icann.org/sites/default/files/tlds/gay/gay-cpe-rr-1-1713-23699-…) SHOP (Commercial Connect) CPE Report (https://www.icann.org/sites/default/files/tlds/shop/shop-cpe-1- 1830-1672-en.pdf); and MUSIC (.music LLC) CPE Report (https://www.icann.org/sites/default/files/tlds/music/music-cpe-1-959-51046-…) 203 ART (eflux) CPE Report (https://www.icann.org/sites/default/files/tlds/art/art-cpe-1-1675-51302- en.pdf); MUSIC (DotMusic Ltd.) CPE Report (https://www.icann.org/sites/default/files/tlds/music/musiccpe-1-1115-14110-…) ECO CPE Report (https://www.icann.org/sites/default/files/tlds/eco/eco-cpe-1- 912-59314-en.pdf); HOTEL CPE Report (https://www.icann.org/sites/default/files/tlds/hotel/hotel-cpe-1- 1032-95136-en.pdf); OSAKA CPE Report (https://www.icann.org/sites/default/files/tlds/osaka/osaka-cpe1-901-9391-en…) SPA CPE Report (https://www.icann.org/sites/default/files/tlds/spa/spa-cpe-1-1309- 81322-en.pdf); RADIO CPE Report (https://www.icann.org/sites/default/files/tlds/radio/radio-cpe-1-1083- 39123-en.pdf). TENNIS CPE Report (https://www.icann.org/sites/default/files/tlds/tennis/tennis-cpe-1- 1723-69677-en.pdf); MLS CPE Report (https://www.icann.org/sites/default/files/tlds/mls/mls-cpe-1-1888- 47714-en.pdf); CPA (USA) CPE Report (https://www.icann.org/sites/default/files/tlds/cpa/cpa-cpe-1-1911- 56672-en.pdf); CPA (AU) CPE Report (https://www.icann.org/sites/default/files/tlds/cpa/cpa-cpe-1-1744- 1971-en.pdf); GMBH CPE Report (https://www.icann.org/sites/default/files/tlds/gmbh/gmbh-cpe-1-1273- 63351-en.pdf); IMMO CPE Report (https://www.icann.org/sites/default/files/tlds/immo/immo-cpe-1-1000- 62742-en.pdf); SHOP (GMO) CPE Report (https://www.icann.org/sites/default/files/tlds/shop/shop-cpe-1- 890-52063-en.pdf); KIDS CPE Report (https://www.icann.org/sites/default/files/tlds/kids/kids-cpe-1-1309- 46695-en.pdf); TAXI CPE Report (https://www.icann.org/sites/default/files/tlds/taxi/taxi-cpe-1-1025- 18840-en.pdf); and ART (Dadotart) CPE Report (https://www.icann.org/sites/default/files/tlds/art/art-cpe1-1097-20833-en.p…) 204 Id. Jeff Neuman Senior Vice President Com Laude | Valideus D: +1.703.635.7514 E: jeff.neuman(a)comlaude.com<mailto:jeff.neuman@comlaude.com> From: Jamie Baxter <jamie(a)dotgay.com> Sent: Friday, October 11, 2019 12:41 PM To: Jeff Neuman <jeff.neuman(a)comlaude.com>; 'Emily Barabas' <emily.barabas(a)icann.org>; gnso-newgtld-wg(a)icann.org Subject: RE: [Gnso-newgtld-wg] Community Priority Evaluations Review of Supplementary Guidelines Good afternoon Working Group members On the last call regarding Community Applications, everyone was asked to review the EIU’s CPE Guidelines to see if there are any items that need further scrutiny before being added into the AGB for subsequent procedures. My apologies for the length of this response, but hopefully these notes help provide insight on how the AGB language was interpreted from a Community Applicant perspective, and what things continue to need further clarification before the next AGB is published. 1-A Delineation Page 4: “Delineation” The non-exhaustive list the EIU added into the CPE guidelines that denotes elements of straight-forward member definitions contains a clear bias towards professional and trade communities. The AGB did not carry this kind of bias, and it would be a concern if the next AGB projected this kind of bias around delineation, especially since many linguistic and cultural communities are straight-forward in the eyes of their members but do not use a membership card system. Can review be done to determine what other forms of delineation were accepted in CPE scoring from all community applications in the 2012 round? And can those examples be included in the examples already noted by the EIU? 2-A Nexus “Identify” The AGB very clearly states that “”identify” means that the applied for string closely describes the community or the community members,” providing two distinct paths to establish if an applied for string identifies the community. These paths are not interconnected or contingent on one another in the AGB, but instead suggest separate routes to establishing nexus. My interpretation of this AGB language is that an applicant can select a string that is a known identifier of the community, or a string that identifies the specific members of that community. Additionally, no rule is placed on the “known identifier of the community” as needing to be the only identifier of that community. The AGB additionally provides two examples to help illustrate the definition of “identity” for each of the possible paths. 1. As an example, a string could qualify for a score of 2 if it is a noun that the typical community member would naturally be called in the context. (AGB, Pg 197) 2. If the string appears excessively broad (such as, for example, a globally well-known but local tennis club applying for “.TENNIS”) then it would not qualify for a 2. (AGB, Pg 197) What the AGB does not do with these examples is suggest that both paths must be successfully maneuvered in order to achieve 2 points. The definition of “identify” in the AGB suggests the applicant had the choice to design their application around a name of the community (TENNIS community), or the member attributes in the community (TENNIS players, TENNIS coaches, etc). This is clearly noted in example 1 where 2 points were achieved when it’s confirmed the string identifies the actual community members. The second example denying 2 points for .TENNIS however does not further elaborate on how 2 points could have been achieved in the case of describing the TENNIS community. The second example could suggest that if an internationally recognized tennis club applied for .TENNIS instead of a local tennis club, for use among those in the wider TENNIS community (broadcasters, networks, physical therapists, vendors, fans, etc – all tertiary parts of the community that also have other identifiers), then it could have been successful on the path of “closely describes the community.” When the average person thinks of the TENNIS community they could reasonably include the list above, yet these participants in the TENNIS community may not identify naturally with the word TENNIS (i.e. a tennis broadcaster that also covers football). Although the EIU’s CPE guidelines are silent on establishing further clarity around the AGB language related to the two paths to “identify,” the practice of the EIU did not align with the flexibility of the AGB. The EIU appears to have conflated the two distinct paths as one and made them both requirements under the definition of “identity,” or at least imposed the requirement that the string be a term the community members naturally call themselves. This may have happened because the two examples outlined above run sequentially in the AGB, causing confusion without distinction. Given the unfortunate implementation route taken by the EIU, it should be more clear in the AGB what is meant by “identify means that the applied for string closely describes the community or the community members.” I believe it offers two separate paths to success for community applicants, one based on a widely used and identifiable name of the community (known by those inside & outside the community) and the other based on the identity of the actual members in the community. 4-B Opposition “Relevance” As discussed on the last call, guidance for “relevance” in 4-B must include a balance of opposition in relation to documented support, and not just an isolated determination of whether the opposing entity is part of the community explicitly or implicitly addressed. One misaligned community member/entity should not have the power to impact CPE scores of a largely aligned community, yet that was the EIU’s interpretation and practice in the 2012 round. To illustrate this point, if an applicant has hundreds of organizations from around the world supporting an application, and those endorsements represent the voices of tens of thousands of other local and regional organizations, then an expression of opposition from one single, small and even locally based organization from within the defined community among the thousands globally expressing support should not be able to put 1 of the 2 CPE points for this criteria in jeopardy. Cheers Jamie Jamie Baxter dotgay LLC jamie(a)dotgay.com<mailto:jamie@dotgay.com> www.dotgay.com<http://www.dotgay.com/> A Certified LGBT Business Enterprise (LGBTBE) Please join us on Facebook at www.facebook.dotgay.com<http://www.facebook.dotgay.com/> and follow us at www.twitter.com/dotgay<http://www.twitter.com/dotgay> From: Gnso-newgtld-wg [mailto:gnso-newgtld-wg-bounces@icann.org] On Behalf Of Jeff Neuman Sent: Thursday, October 10, 2019 2:54 PM To: Emily Barabas; gnso-newgtld-wg(a)icann.org<mailto:gnso-newgtld-wg@icann.org> Subject: [Gnso-newgtld-wg] Community Priority Evaluations Review of Supplementary Guidelines All, I would hope that everyone reads all of the notes sent out on each of the meetings carefully, but just in case, I want to draw your attention to one of the biggest action items that arose as a result of our call this morning (Wednesday night for those in the US). In addition, I would like to pose a question for consideration by the Working Group. 1. “ACTION ITEM: WG members will go through the guidelines and flag anything they think should not be incorporated into the AGB for subsequent procedures. See guidelines at: https://newgtlds.icann.org/en/applicants/cpe/guidelines-27sep13-en.pdf” One of the universal criticisms about the CPE process was that there were additional rules and guidelines that were adopted by the CPE Evaluators (EIU) after all of the applications were submitted. The Working Group will most likely be recommending that all rules be set forth in the Applicant Guidebook or at the very latest prior to the Application Window opening up. That message has been delivered loud and clear. Something that can help, however, would be if the Working Group could review the CPE Guidelines that were developed by EIU (at the link above) to see if those Guidelines make sense and whether those Guidelines or something similar to those Guidelines could be formally adopted as part of our recommendations. Putting aside the fact that these came after applications were submitted, many of the Guidelines make sense. If we formally approve them, then this will go a long way to helping potential applicants understand how CPE evaluations will work. 1. Clarifying Questions and CPE: A second item which looks likely to be a recommendation will be that CPE Evaluators should utilize the CQ process (Clarification Questions process) to seek clarifications (but not new material) from the applicant on items where it has questions or issues. However, would it also be advisable for the CPE Evaluators to be able to send CQs to those that oppose a community application (and that have submitted letters of opposition)? In other words, CPE Evaluators can ask those that oppose the application questions about themselves and how representative they are. They can drill down on details about what it is that they oppose, etc. Those on the call thought this may be a good idea to help weed out frivolous letters of opposition or also emphasize the opposition of real entities, persons and communities. We believe these should be non-controversial, but would like to input other than that which we got on the call. Best regards, Jeff Neuman Senior Vice President Com Laude | Valideus D: +1.703.635.7514 E: jeff.neuman(a)comlaude.com<mailto:jeff.neuman@comlaude.com> From: Gnso-newgtld-wg <gnso-newgtld-wg-bounces(a)icann.org<mailto:gnso-newgtld-wg-bounces@icann.org>> On Behalf Of Emily Barabas Sent: Thursday, October 10, 2019 7:16 AM To: gnso-newgtld-wg(a)icann.org<mailto:gnso-newgtld-wg@icann.org> Subject: [Gnso-newgtld-wg] Notes and Action Items - New gTLD Subsequent Procedures PDP WG - 10 October 2019 Dear Working Group members, Please see below the notes from the meeting on 10 October 2019. These high-level notes are designed to help WG members navigate through the content of the call and are not a substitute for the recording, transcript, or the chat, which will be posted at: https://community.icann.org/display/NGSPP/2019-10-10+New+gTLD+Subsequent+Pr…. On the call, it was suggested that guidelines used by CPE evaluators in the 2012 round should be incorporated into the Applicant Guidebook in subsequent procedures to improve predictability. Please see the notes below for details. As a follow up to the action item below, WG members are encouraged to review the 2012 CPE guidelines (https://newgtlds.icann.org/en/applicants/cpe/guidelines-27sep13-en.pdf) and raise on the mailing list if there are elements of the guidelines that they believe should not be incorporated into the AGB. Kind regards, Emily Notes and Action Items: Action Item: ACTION ITEM: WG members will go through the guidelines and flag anything they think should not be incorporated into the AGB for subsequent procedures. See guidelines at: https://newgtlds.icann.org/en/applicants/cpe/guidelines-27sep13-en.pdf Notes: 1. Welcome and Update to Statements of Interest * No SOI updates * Following up on Monday’s call, there is a revised chart available on appeals. Please add questions and comments to the draft for discussion on the email list. The chart is available at: https://docs.google.com/spreadsheets/d/1R4eU7C-HI5ikF5RtVhp5JRXKVVRn6R8WX8f… 2.a. Community Applications * Policy Goals are high-level and non-controversial. High-Level agreements so far: The Community Priority Evaluation (CPE) process must be more transparent and predictable; All evaluation procedures should be developed BEFORE the application process opens and made easily and readily available. * CCT-RT Recommendation 34 also suggests making improvements to address concerns raised about community applications before going forward with subsequent procedures. * Guidelines developed by the evaluators have not been discussed in depth by this group, other than the fact that they were made available late in the process. Key point raised in the public comments -- information contained in the guidelines needs to be available to applicants before applications are submitted. * Would it make sense to put some of the guidelines developed by the evaluators into the Applicant Guidebook? * Were there things in the guidelines, other than those detailed in the public comments, which were problematic? * ACTION ITEM: WG members will go through the guidelines and flag anything they think should not be incorporated into the AGB for subsequent procedures. See guidelines at: https://newgtlds.icann.org/en/applicants/cpe/guidelines-27sep13-en.pdf * By including guidelines in the AGB, there would be greater predictability for applicants and also greater clarity for future evaluators. * As a community applicant, there was a lot left open for interpretation in the 2012 AGB. As a result, an applicant’s interpretation of the guidebook may have been different from what the evaluators took away when they developed their guidelines. This resulted in a discrepancy that should not exist in subsequent procedures. * Review of suggestions in the public comments on improving transparency and predictability of the CPE process. * Review of comments on the definition of community. * One WG member disagrees with the way the EIU further restricted the definition of community in its guidelines, and suggests that this is not incorporated into the AGB going forward. Specifically, the EIU prioritized those that had a structured system to the community -- institutionalized or industry-related organizations would therefore be higher priority. * Suggestion - what if ICANN community members served as CPE panelists? They might better understand the definition of community from the ICANN perspective. ALAC advised in their public comments that members of grassroots organizations should serve as panelists. * Response - Different members of the ICANN community might understand the definition differently. ICANN never provided a clear definition. ICANN was relying on the scoring to delineate who should get priority rather than having a specific definition. * In selecting an entity to do the evaluations, ICANN was looking for expertise in doing this type of evaluation with independence, but as a result the evaluators may not have as much perspective on what ICANN was trying to achieve. Members of the ICANN community come in with their own biases. Could community members perhaps have some kind of advisory role instead? * The choice of evaluators may have impacted the way they approached the evaluation process. EIU has an economic focus. * Further review of suggestions for improving transparency and predictability of the CPE process in relation to the preliminary recommendation that the CPE process must be more transparent and predictable. * Conflict of interest provisions discussed previously should be applicable to all panelists, including those conducting CPE. This will address public comments that raised concerns about conflict of interest. * Comment - it is very important that one “naysayer” does not prevent an application from moving forward. There needs to be substantial opposition. * Suggestion for an additional WG Recommendation: If there was research relied on for the decision it should be cited and a link to the information provided. This is based on comments from Jaime Baxter, ALAC, and NCSG. * Some have commented that the costs of the process should be lower and that the process should be quicker. Suggestion for an implementation note stating ICANN staff should examine ways to make the process more efficient in terms of cost and timing. It may be difficult to be more detailed since ICANN Org is in the best position to evaluate how to increase efficiencies. * Comment - At this stage, ICANN Org should be better able to scope the task with a service provider and set clear expectations. The service provider should be responsible for remaining within budget. * Review of public comments on preliminary recommendation: CPE evaluations should be completed in a shorter period of time. * Review of public comments on preliminary recommendation: All evaluation procedures should be developed BEFORE the application process opens and made easily and readily available. * Review of public comments on preliminary recommendation: The CPE process should include a process for evaluators to ask clarifying questions and where appropriate engage in a dialogue with the applicant [and providers of letters of opposition?] during the CPE process. ICANN org raised concerns about potential lobbying and lack of transparency that could result from this type of engagement. Perhaps panelists could ask clarifying questions in written format --- all materials would be publicly available. The opportunity would be equally available to all parties to ensure that the process is fair. * Preliminary Recommendation about dialogue between evaluators and relevant parties will be revised and included as a draft recommendation for the WG to consider further. * One WG member stated that community applicants can’t change their application, and that the opportunity for dialogue won’t change the application. It simply provides an opportunity for the applicant to illustrate key points so that the evaluators understand the application. There is little room for lobbying from this perspective. * Response -- by putting everything in writing, there is still this opportunity to clarify, and there is greater transparency. * Additional question - should the panelists be able to send clarification questions to those filing opposition letters? One member expressed support for this proposal. It may help to bring greater clarity to understanding the legitimacy of the opposition. It’s important to be clear that this is not about community-based objections but about opposition to community-based applications. * Review of public comments on preliminary recommendation: Less restrictive word count for communities to engage in clarifying and providing information. ALAC expressed opposition to this recommendation. * It may be helpful to do some additional research on the existing word count restrictions, but there did not seem to be much support for increasing limits on word count. * Review of ALAC comment on providing access to experts to assist communities, particularly those from underserved regions in preparing applications in order to level the playing field. Suggestion to link this comment to the topic Applicant Support. * Review of comments on potentially providing alternative benefits if an applicant scored below the threshold. * Review of suggested changes to evaluation criteria or weight/scoring of criteria -- in particular, discussion of the comment that if opposition is expressed, it must be examined in the big picture and weighed against the volume of support. There should be a balance. * Discussion of suggestion in the public comments that there should be addition criteria around benefit to registrants -- perhaps there could be a form of “extra credit” granted to applicants that help or solve a problem inside a community. This could come in the form of bonus points. It might address some of the public comments from the Council of Europe, as well. * Clarification - this is already a requirement of the application, however it was not translated into the scoring criteria. It was incorporated into the contract as a commitment to the community. It would make sense for this to part of the scoring criteria. * Review of comments on whether there should continue to be preferential treatment for community applications -- there is general support for this concept. NCSG expressed concern about the definition of community. Registrars would like to eliminate the concept of community. * Review of comments on the Council of Europe report. * Review of comments in response to the question - to what extent should evaluators be able to deviate from pre-published guidance and guidelines? * Additional comment raised by a WG member -- any requirements about letters of support should be clear and transparent up front. * Review of additional considerations on selection of panelists and program goals raised by the Council of Europe. * Note that ICANN is currently examining the concept of Global Public Interest which may be responsive to the Council of Europe’s comments on this topic. 3. AOB * None. ________________________________ The contents of this email and any attachments are confidential to the intended recipient. They may not be disclosed, used by or copied in any way by anyone other than the intended recipient. If you have received this message in error, please return it to the sender (deleting the body of the email and attachments in your reply) and immediately and permanently delete it. Please note that the Com Laude Group does not accept any responsibility for viruses and it is your responsibility to scan or otherwise check this email and any attachments. The Com Laude Group does not accept liability for statements which are clearly the sender's own and not made on behalf of the group or one of its member entities. The Com Laude Group includes Nom-IQ Limited t/a Com Laude, a company registered in England and Wales with company number 5047655 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England; Valideus Limited, a company registered in England and Wales with company number 06181291 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England; Demys Limited, a company registered in Scotland with company number SC197176, having its registered office at 33 Melville Street, Edinburgh, Lothian, EH3 7JF Scotland; Consonum, Inc. dba Com Laude USA and Valideus USA, headquartered at 1751 Pinnacle Drive, Suite 600, McLean, VA 22102, USA; Com Laude (Japan) Corporation, a company registered in Japan having its registered office at Suite 319,1-3-21 Shinkawa, Chuo-ku, Tokyo, 104-0033, Japan. 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For further information see www.comlaude.com<https://comlaude.com>

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Notes and Action Items - SubPro PDP WG Meetings at ICANN66 -- 02 & 04 November 2019
by Julie Hedlund Nov. 8, 2019

Nov. 8, 2019

Dear All, Please see the attached action items and notes captured by staff from the New gTLD Subsequent Procedures PDP Working Group meetings at ICANN66 on 02 and 04 November 2019. Staff has posted these to the wiki space. Please note that these are high-level notes and are not meant as a substitute for the recording, chat room, or transcript, which are posted as noted below: Wiki -- Actions and Notes: 02 November 2019: https://community.icann.org/display/NGSPP/2019-11-02+ICANN66+Montreal-+New+… 04 November 2019: https://community.icann.org/display/NGSPP/2019-11-04+ICANN66+Montreal-+New+… Meeting Pages (Zoom Room, Audio, and Transcripts): Session 1 – 02 November 2019: https://66.schedule.icann.org/meetings/1116885 Session 2 – 02 November 2019: https://66.schedule.icann.org/meetings/1116886 Session 3 – 04 November 2019: https://66.schedule.icann.org/meetings/1116893 Session 4 – 04 November 2019: https://66.schedule.icann.org/meetings/1116894 Best Regards, Julie Julie Hedlund, Policy Director

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Re: [Gnso-newgtld-wg] Supporting Discussion Materials for 4 November 2019 SubPro Working Sessions
by Steve Chan Nov. 3, 2019

Nov. 3, 2019

Dear WG Members, One of the other topics on the agenda for Monday’s face to face meetings is to consider what topics may require additional public comment. The Co-Chairs and staff have taken a first pass at this exercise, which you will here: https://docs.google.com/spreadsheets/d/19vmRAqansu_eo71jXnYG3fz_MiThlGZnq9k…. However, as this WG has discussed, the basis for seeking additional public comment should be when the outcomes (e.g., draft Final Recommendations) represent something that the community has not reasonably had a chance previously to provide comment. From that standpoint, any discussions on Monday will be preliminary, as the WG works towards its draft Final Recommendations. Best, Steve From: Gnso-newgtld-wg <gnso-newgtld-wg-bounces(a)icann.org> on behalf of Steve Chan <steve.chan(a)icann.org> Date: Friday, November 1, 2019 at 6:10 AM To: "gnso-newgtld-wg(a)icann.org" <gnso-newgtld-wg(a)icann.org> Subject: [Gnso-newgtld-wg] Supporting Discussion Materials for 4 November 2019 SubPro Working Sessions Dear WG Members, In support of the SubPro sessions on 4 November 2019, from 15:15-18:30 local time (see agenda here: https://community.icann.org/x/BY7kBg) leadership and staff have developed discussion papers for three topics. The creation of these discussion papers is not to introduce new information but rather, to organize existing materials to facilitate a constructive and productive discussion. Those three topics and relevant discussion papers can be found directly below, as well as on the agenda page. Predictability Framework (https://docs.google.com/document/d/12_x8zYR9r6zXqfA7dmoosSPH12NmcyJ-2FEjecG…) String Contention - Mechanism of Last Resort (https://docs.google.com/document/d/16qDoiK6vydQp6a0v9tMvU2l5fcypJY24hCzTIVT…) Limited Appeals Mechanism (https://docs.google.com/document/d/1pw98QzloHsVaM22VjYy95G-QmHULKbB2gPTSdzQ…) Best, Steve Steven Chan  Policy Director, GNSO Support Internet Corporation for Assigned Names and Numbers (ICANN) 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094-2536  Email: steve.chan(a)icann.org Skype: steve.chan55 Mobile: +1.310.339.4410 Find out more about the GNSO by visiting: https://learn.icann.org/ Follow @GNSO on Twitter: https://twitter.com/ICANN_GNSO Transcripts and recordings of GNSO Working Group and Council events are located on the GNSO Master Calendar See All SO and AC events on the ICANN Global calendar [features.icann.org]

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List of applications still in play from 2012 round
by Aikman-Scalese, Anne Nov. 3, 2019

Nov. 3, 2019

See attached list last circulated to Sub Pro as to .HOME, .CORP, and .MAIL applications not withdrawn and listed as "Not Approved". Anne Anne E. Aikman-Scalese Of Counsel 520.629.4428 office 520.879.4725 fax AAikman(a)lrrc.com<mailto:AAikman@lrrc.com> _____________________________ [cid:image006.png@01D59174.A94D0A90] Lewis Roca Rothgerber Christie LLP One South Church Avenue, Suite 2000 Tucson, Arizona 85701-1611 lrrc.com<http://lrrc.com/> [cid:image007.jpg@01D59174.A94D0A90] Because what matters to you, matters to us.(tm) ________________________________ This message and any attachments are intended only for the use of the individual or entity to which they are addressed. If the reader of this message or an attachment is not the intended recipient or the employee or agent responsible for delivering the message or attachment to the intended recipient you are hereby notified that any dissemination, distribution or copying of this message or any attachment is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the sender. The information transmitted in this message and any attachments may be privileged, is intended only for the personal and confidential use of the intended recipients, and is covered by the Electronic Communications Privacy Act, 18 U.S.C. ?2510-2521.

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ON NOW: SubPro PDP WG Session 1 - Lunch is Served
by Julie Hedlund Nov. 2, 2019

Nov. 2, 2019

Dear WG members, If you are at ICANN66 lunch is being served in SubPro PDP WG Session 1 in Room 511A. For those joining remotely see: https://66.schedule.icann.org/meetings/1116885. Best regards, Julie

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Fwd: [NCAP-Discuss] NCAP Discussion Group F2F at ICANN66
by Rubens Kuhl Nov. 2, 2019

Nov. 2, 2019

Since SubPro was mentioned a few times in NCAP discussion yesterday, here are the notes and recording for the session. Rubens > Begin forwarded message: > > From: Kimberly Carlson <kimberly.carlson(a)icann.org> > Subject: [NCAP-Discuss] NCAP Discussion Group F2F at ICANN66 > Date: 2 November 2019 09:45:53 GMT-4 > To: NCAP Discussion Group <ncap-discuss(a)icann.org> > > Dear NCAP Discussion Group, > > Please find the notes from yesterday’s F2F meeting here: https://docs.google.com/document/d/1WvEPT1vU7WCdrDUKUshs1eNYJgu5vIQuiNhFotQ… <https://docs.google.com/document/d/1WvEPT1vU7WCdrDUKUshs1eNYJgu5vIQuiNhFotQ…> > > Here is the recording: https://icann.zoom.us/recording/share/Ab-8xWI-f0AWtv6ao97oh9bUyopZXjMj4yn-y… <https://icann.zoom.us/recording/share/Ab-8xWI-f0AWtv6ao97oh9bUyopZXjMj4yn-y…> > > > Thank you, > Kim > _______________________________________________ > NCAP-Discuss mailing list > NCAP-Discuss(a)icann.org <mailto:NCAP-Discuss@icann.org> > https://mm.icann.org/mailman/listinfo/ncap-discuss <https://mm.icann.org/mailman/listinfo/ncap-discuss> > > _______________________________________________ > By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy <https://www.icann.org/privacy/policy>) and the website Terms of Service (https://www.icann.org/privacy/tos <https://www.icann.org/privacy/tos>). You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on.

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FW: [gnso-chairs] [CORRESPONDENCE] Cherine Chalaby to GNSO Chairs-NCAP and SubPro
by Jeff Neuman Nov. 2, 2019

Nov. 2, 2019

FYI. Jeff Neuman Senior Vice President Com Laude | Valideus D: +1.703.635.7514 E: jeff.neuman(a)comlaude.com<mailto:jeff.neuman@comlaude.com> From: Drazek, Keith <kdrazek(a)verisign.com> Sent: Friday, November 1, 2019 3:32 PM To: council(a)gnso.icann.org Cc: gnso-secs(a)icann.org; Jeff Neuman <jeff.neuman(a)comlaude.com>; Cheryl Langdon-Orr (langdonorr(a)gmail.com) <langdonorr(a)gmail.com> Subject: FW: [gnso-chairs] [CORRESPONDENCE] Cherine Chalaby to GNSO Chairs-NCAP and SubPro Hi all, Please see the ICANN Board's response to our letter related to NCAP and the Subsequent Procedures PDP WG. I have copied Jeff and Cheryl on this note. Thanks, Keith From: Gnso-chairs <gnso-chairs-bounces(a)icann.org<mailto:gnso-chairs-bounces@icann.org>> On Behalf Of Wendy Profit Sent: Friday, November 01, 2019 2:28 PM To: gnso-chairs(a)icann.org<mailto:gnso-chairs@icann.org>; gnso-secs(a)icann.org<mailto:gnso-secs@icann.org> Cc: Secretary <secretary(a)icann.org<mailto:secretary@icann.org>>; Correspondence <Correspondence(a)icann.org<mailto:Correspondence@icann.org>>; Cherine Chalaby <cherine.chalaby(a)board.icann.org<mailto:cherine.chalaby@board.icann.org>>; Cyrus Namazi <cyrus.namazi(a)icann.org<mailto:cyrus.namazi@icann.org>>; Board Ops Team <board-ops-team(a)icann.org<mailto:board-ops-team@icann.org>> Subject: [EXTERNAL] [gnso-chairs] [CORRESPONDENCE] Cherine Chalaby to GNSO Chairs-NCAP and SubPro Dear Keith, Rafik and Pam, Please find the attached letter from Cherine Chalaby regarding dependencies, if any, between the Name Collision Analysis Project (NCAP) and the ongoing policy work of the New gTLD Subsequent Procedures PDP. Thank you and best regards, Wendy Profit ICANN Board Operations Senior Manager 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 ________________________________ The contents of this email and any attachments are confidential to the intended recipient. They may not be disclosed, used by or copied in any way by anyone other than the intended recipient. If you have received this message in error, please return it to the sender (deleting the body of the email and attachments in your reply) and immediately and permanently delete it. Please note that the Com Laude Group does not accept any responsibility for viruses and it is your responsibility to scan or otherwise check this email and any attachments. The Com Laude Group does not accept liability for statements which are clearly the sender's own and not made on behalf of the group or one of its member entities. The Com Laude Group includes Nom-IQ Limited t/a Com Laude, a company registered in England and Wales with company number 5047655 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England; Valideus Limited, a company registered in England and Wales with company number 06181291 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England; Demys Limited, a company registered in Scotland with company number SC197176, having its registered office at 33 Melville Street, Edinburgh, Lothian, EH3 7JF Scotland; Consonum, Inc. dba Com Laude USA and Valideus USA, headquartered at 1751 Pinnacle Drive, Suite 600, McLean, VA 22102, USA; Com Laude (Japan) Corporation, a company registered in Japan having its registered office at Suite 319,1-3-21 Shinkawa, Chuo-ku, Tokyo, 104-0033, Japan. For further information see www.comlaude.com<https://comlaude.com>

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Work Track 5 Final Report
by Emily Barabas Nov. 2, 2019

Nov. 2, 2019

Sent on behalf of the Work Track 5 co-leaders Dear all, Please find attached the Work Track 5 Final Report to the full Working Group, which Work Track 5 has adopted by consensus. We will be presenting this report to the Working Group during two sessions tomorrow, Saturday 2 November in room 511A: * 12:15-13:15<https://66.schedule.icann.org/meetings/1116885> * 13:30-15:00<https://66.schedule.icann.org/meetings/1116886> We look forward to your participation in these sessions. Kind regards, WT5 Co-Leaders Olga Cavalli, Annebeth Lange, Javier Rúa-Jovet, Martin Sutton Emily Barabas | Policy Manager ICANN | Internet Corporation for Assigned Names and Numbers Email: emily.barabas(a)icann.org | Phone: +31 (0)6 84507976

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