October 2019 - GNSO-PDP3Dot0-DT

REMINDER FOR REVIEW: Draft of Improvement #15
by Julie Hedlund Oct. 31, 2019

Oct. 31, 2019

Dear all, This is a reminder to review improvement #15 as noted below. Kind regards, Julie From: GNSO-PDP3Dot0-DT <gnso-pdp3dot0-dt-bounces(a)icann.org> on behalf of Julie Hedlund <julie.hedlund(a)icann.org> Date: Friday, October 25, 2019 at 5:02 PM To: "gnso-pdp3dot0-dt(a)icann.org" <gnso-pdp3dot0-dt(a)icann.org> Subject: [GNSO-PDP3Dot0-DT] FOR REVIEW: Draft of Improvement #15 Dear all, Per the following action item from the meeting on 22 October: - Staff to develop guidance for improvement #15, including rationale for the change to the implementation plan, and circulate the draft with small team to review. Please see the draft of improvement #15 for your review at: https://docs.google.com/document/d/1dZxdlhXaGqp2zsSkSqjcjFJtDaUv3VIaNzgZ629… [docs.google.com]<https://urldefense.proofpoint.com/v2/url?u=https-3A__docs.google.com_docume…>. This also will be posted on the Slack channel. Kind regards, Julie From: GNSO-PDP3Dot0-DT <gnso-pdp3dot0-dt-bounces(a)icann.org> on behalf of Ariel Liang <ariel.liang(a)icann.org> Date: Tuesday, October 22, 2019 at 12:45 PM To: "gnso-pdp3dot0-dt(a)icann.org" <gnso-pdp3dot0-dt(a)icann.org> Subject: [GNSO-PDP3Dot0-DT] Actions & Notes: PDP 3.0 Small Team Meeting 22 Oct Dear All, Please find below the action items and notes captured during the small team call on Tuesday, 22 October at 13:00 UTC. Staff has posted to the wiki space the action items and notes. Please note that these are high-level notes and are not meant as a substitute for the recording and chat room records, which are posted on the wiki at: https://community.icann.org/x/vIEzBw Best Regards, Ariel Ariel Xinyue Liang GNSO Policy Support Specialist Internet Corporation for Assigned Names and Numbers (ICANN) == ACTION ITEMS - Small Team members to review the proposal for Improvement #9, focusing on Section 3.1.3, Section 3.4, Section 4, Section 5, and Section 6. Small Team to provide comments/input directly on the Google Doc: https://docs.google.com/document/d/1CDwJe7UroRNnou-VGwN6vMCRjVYFyi8RRNlWmtJ… [docs.google.com]<https://urldefense.proofpoint.com/v2/url?u=https-3A__docs.google.com_docume…> - Staff to circulate the draft proposal with ICANN Legal, Ombudsman, and Conflict Resolution Specialist for feedback, and ask Ombudsman for average time to resolve disputes historically (if the information is known). - Staff to develop guidance for improvement #15, including rationale for the change to the implementation plan, and circulate the draft with small team to review. NOTES 1. Welcome and roll call 2. Note about an ad-hoc meeting with Brian Cute on Friday, 25 October - It is an ad-hoc prep call so attendance is optional - Call will be recorded and published on the Small Team wiki page 3a. Improvement #9 3.1.3 Complaint Committee, page 7-8 - When we looked at the IETF procedures, they had WG members involved in the dialogue. Not sure if this is appropriate for ICANN 3.4 External Legal Council - “If one party insists on legal representation, the GNSO Council, in consultation with the ICANN Org and Ombudsman, should consider whether there are ways, if any, to provide assistance to the other parties involved in the proceeding to ensure a level playing field.” Not sure we can keep this in. Not sure it is feasible. 4.2 Public Knowledge Among Other WG members - Need to get input on this point. 4.3 Timeliness of Submission - Need guidance on how long this has been going on – if public knowledge for 2 months a complaint should be filed (adapted from the IETF). - Remove reference to RFC. 4.4 Suggested Template and Questions - Need to get input on this section. 4.5 Assessment of Complaint Submission - Need to get input on this section. Section 5.1: - Focus on the proposed procedure. Not much guidance in the WG Guidelines. - Provided two versions of the proceeding: 1) How it looks in “broad strokes” or high level. - First when the complaint is submitted the WG leadership will try to resolve the dispute. - If it cannot be resolved then any of the parties can bring it to the Council leadership, who will address it with the liaison and the Complaint Committee. - If the Council cannot resolve it then the complainant is encouraged to engage the Ombudsman. This is the final escalation step. - We checked other organizations and found that IETF had a similar process, so we pulled the language from the IETF. Process provides flexibility. See last two paragraphs in section 5.1. Don’t put restrictions on when certain things need to be done. Did not define what “reasonable” is or give it a fixed date. - Question: Do we know how long it takes on average for the Ombudsman to resolve disputes? ACTION: Staff can check if needed. - As to whether a complaint is legitimate, it is the WG leadership’s job to do that, but if the people involved in the dispute disagree with the assessment, then the Council leadership and liaison will be involved. Section 5.2: - Example of a best practice. - For each step we have some points of what needs to be done, for example to review a complaint to make sure it is acceptable. After the complaint is submitted we establish the Complaint Committee. A procedure to organize a dialogue. Budget time for the Complaint Committee to provide feedback. - Section 5 – there is flexibility for how to use the Complaint Committee, but also best practices to show how the Complaint Committee could be involved – two points of involvement. Section 5.3: Abusive Complaint - What to do with abusive complaints and consequences. - Question: Why is the penalty 5 years and not 3? We welcome suggestions on timing. Section 6: Preventative Measures - We know that the 3.7 proceeding will impact the work of the WG. - In everyone’s interest to prevent a proceeding from being undertaken. - Look at the grounds that give rise to a 3.7 proceeding: 1) someone not performing their role per WG guidelines; 2) contributions being ignored or discounted; 3) appeal of a decision by the WG or Chartering Organization. - Look at how we can prevent these grounds from resulting in a 3.7 proceeding. 6.1 Ways to help members, leaders, and liaisons perform their role in a WG: 6.2 Ways to prevent members’ contributions from being ignored or discounted: 6.3 Ways to prevent a decision from being appealed Discussion: - Called out the various improvements that apply in each section that can help to prevent a 3.7 proceeding. - This is quite important to stress. We want the escalation to Section 3.7 to be the last resort. - Maybe include some text at the beginning of the document to explain the spirit of what we are trying to do here. - What is the “ask” in the implementation plan for PDP 3.0? It is just to make sure that the work of the WG is not delayed because of a Section 3.7 proceeding. So we have a blank slate, such as to create a Complaint Committee. - Question: Need to proceed with drafting the new 3.7 procedure text. Have we discussed how that will be done? Answer: That is the next step. We have a placeholder section and staff can propose text and circulate with the Super Small Team first for feedback. - Question: What is the weight of this #9 document – is it just a working document? Answer: It would complement the WG Guidelines. In the proposed new procedure text for Section 3.7 we would have a link to this document. - Important to submit this document to ICANN Legal for review. They can provide suggestions and advice, but they would not need to approve the document. Other parties, such as the Ombudsman and Conflict Resolution Specialist, may have feedback. - There is also new contents in the previous sections of the document to review. - Question: Is it reasonable to say that we could finish this in November? Answer: Staff thinks this is reasonable. - Need Small Team members to review the document this week. Also have a working session in Montreal. - Question: How should we handle amendments – Super Small Team and then Small Team, or just Small Team? Answer: Suggest Super Small Team to continue as that is more efficient. 3b. Improvement #15 - Not sure how feasible is for the Council to establish a panel of volunteer mediators that can be called upon when appropriate. - Go back to the original objective of #15 in the implementation plan - The first step in the implementation steps is about liaison’s role to proactively identify issues/challenges, which has already been completed via Improvement #5. - In developing improvement #9, we have identified several resources, including the Ombudsman, Complaints Officer, Conflict Specialist, and ICANN Legal, and complaint committee. - As guidance, briefly describe these resources, which already been laid out in Improvement #9. Can leverage the existing work and morph into a brief guideline for the Council to reference. - Support using the resources we already have (not least because they know how ICANN works & won't charge us $$$) - The thinking behind the conflict resolution specialist is to save money for hiring external resources - Have explanatory note for what is our thinking and why we reached the conclusion that the best course of action is to rely on existing resources. It is the matter of transparency. - The conflict situation is going to happen really rarely, we hope. - To provide rationale for what has been changed in the implementation plan. - ACTION ITEM: Staff to develop guidance for improvement #15, including rationale for the change to the implementation plan, and circulate the draft with small team to review.

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ICANN66 Proposed Agenda & Materials for PDP 3.0 Small Team Meeting & Presentations
by Ariel Liang Oct. 30, 2019

Oct. 30, 2019

Dear All, Below, please find the proposed agenda for the PDP 3.0 Small Team working session at ICANN66, on Monday, 4 November at 13:30-15:00 local time: https://66.schedule.icann.org/meetings/1116967 1. Welcome and roll call 2. Package 4 Improvements: Finalize the draft proposals (~Flip, Ariel & Julie) a. #9 Provide further guidance for section 3.6 and clarification of section 3.7: https://docs.google.com/document/d/1CDwJe7UroRNnou-VGwN6vMCRjVYFyi8RRNlWmtJ… (new content on pages 23-28) b. #15 Independent Conflict Resolution: https://docs.google.com/document/d/1dZxdlhXaGqp2zsSkSqjcjFJtDaUv3VIaNzgZ629… 3. Package 3 Improvement: a. #17 Resource reporting for PDP working groups: Initial discussion (~Berry & Rafik) 4. Post ICANN66 work planning 5. AOB In addition, please find the slide deck prepared for PDP 3.0 presentations at ICANN66, including: * GNSO Council Working Session (Sunday, 3 November at 13:20 - 14:00 local time); and/or * GNSO Council Public Session (Wednesday, 6 November at 13:00-15:00 local time) Safe travels all and see you soon in Montreal! Best Regards, Ariel

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FOR REVIEW: Draft of Improvement #15
by Julie Hedlund Oct. 25, 2019

Oct. 25, 2019

Dear all, Per the following action item from the meeting on 22 October: - Staff to develop guidance for improvement #15, including rationale for the change to the implementation plan, and circulate the draft with small team to review. Please see the draft of improvement #15 for your review at: https://docs.google.com/document/d/1dZxdlhXaGqp2zsSkSqjcjFJtDaUv3VIaNzgZ629…. This also will be posted on the Slack channel. Kind regards, Julie From: GNSO-PDP3Dot0-DT <gnso-pdp3dot0-dt-bounces(a)icann.org> on behalf of Ariel Liang <ariel.liang(a)icann.org> Date: Tuesday, October 22, 2019 at 12:45 PM To: "gnso-pdp3dot0-dt(a)icann.org" <gnso-pdp3dot0-dt(a)icann.org> Subject: [GNSO-PDP3Dot0-DT] Actions & Notes: PDP 3.0 Small Team Meeting 22 Oct Dear All, Please find below the action items and notes captured during the small team call on Tuesday, 22 October at 13:00 UTC. Staff has posted to the wiki space the action items and notes. Please note that these are high-level notes and are not meant as a substitute for the recording and chat room records, which are posted on the wiki at: https://community.icann.org/x/vIEzBw Best Regards, Ariel Ariel Xinyue Liang GNSO Policy Support Specialist Internet Corporation for Assigned Names and Numbers (ICANN) == ACTION ITEMS - Small Team members to review the proposal for Improvement #9, focusing on Section 3.1.3, Section 3.4, Section 4, Section 5, and Section 6. Small Team to provide comments/input directly on the Google Doc: https://docs.google.com/document/d/1CDwJe7UroRNnou-VGwN6vMCRjVYFyi8RRNlWmtJ… [docs.google.com]<https://urldefense.proofpoint.com/v2/url?u=https-3A__docs.google.com_docume…> - Staff to circulate the draft proposal with ICANN Legal, Ombudsman, and Conflict Resolution Specialist for feedback, and ask Ombudsman for average time to resolve disputes historically (if the information is known). - Staff to develop guidance for improvement #15, including rationale for the change to the implementation plan, and circulate the draft with small team to review. NOTES 1. Welcome and roll call 2. Note about an ad-hoc meeting with Brian Cute on Friday, 25 October - It is an ad-hoc prep call so attendance is optional - Call will be recorded and published on the Small Team wiki page 3a. Improvement #9 3.1.3 Complaint Committee, page 7-8 - When we looked at the IETF procedures, they had WG members involved in the dialogue. Not sure if this is appropriate for ICANN 3.4 External Legal Council - “If one party insists on legal representation, the GNSO Council, in consultation with the ICANN Org and Ombudsman, should consider whether there are ways, if any, to provide assistance to the other parties involved in the proceeding to ensure a level playing field.” Not sure we can keep this in. Not sure it is feasible. 4.2 Public Knowledge Among Other WG members - Need to get input on this point. 4.3 Timeliness of Submission - Need guidance on how long this has been going on – if public knowledge for 2 months a complaint should be filed (adapted from the IETF). - Remove reference to RFC. 4.4 Suggested Template and Questions - Need to get input on this section. 4.5 Assessment of Complaint Submission - Need to get input on this section. Section 5.1: - Focus on the proposed procedure. Not much guidance in the WG Guidelines. - Provided two versions of the proceeding: 1) How it looks in “broad strokes” or high level. - First when the complaint is submitted the WG leadership will try to resolve the dispute. - If it cannot be resolved then any of the parties can bring it to the Council leadership, who will address it with the liaison and the Complaint Committee. - If the Council cannot resolve it then the complainant is encouraged to engage the Ombudsman. This is the final escalation step. - We checked other organizations and found that IETF had a similar process, so we pulled the language from the IETF. Process provides flexibility. See last two paragraphs in section 5.1. Don’t put restrictions on when certain things need to be done. Did not define what “reasonable” is or give it a fixed date. - Question: Do we know how long it takes on average for the Ombudsman to resolve disputes? ACTION: Staff can check if needed. - As to whether a complaint is legitimate, it is the WG leadership’s job to do that, but if the people involved in the dispute disagree with the assessment, then the Council leadership and liaison will be involved. Section 5.2: - Example of a best practice. - For each step we have some points of what needs to be done, for example to review a complaint to make sure it is acceptable. After the complaint is submitted we establish the Complaint Committee. A procedure to organize a dialogue. Budget time for the Complaint Committee to provide feedback. - Section 5 – there is flexibility for how to use the Complaint Committee, but also best practices to show how the Complaint Committee could be involved – two points of involvement. Section 5.3: Abusive Complaint - What to do with abusive complaints and consequences. - Question: Why is the penalty 5 years and not 3? We welcome suggestions on timing. Section 6: Preventative Measures - We know that the 3.7 proceeding will impact the work of the WG. - In everyone’s interest to prevent a proceeding from being undertaken. - Look at the grounds that give rise to a 3.7 proceeding: 1) someone not performing their role per WG guidelines; 2) contributions being ignored or discounted; 3) appeal of a decision by the WG or Chartering Organization. - Look at how we can prevent these grounds from resulting in a 3.7 proceeding. 6.1 Ways to help members, leaders, and liaisons perform their role in a WG: 6.2 Ways to prevent members’ contributions from being ignored or discounted: 6.3 Ways to prevent a decision from being appealed Discussion: - Called out the various improvements that apply in each section that can help to prevent a 3.7 proceeding. - This is quite important to stress. We want the escalation to Section 3.7 to be the last resort. - Maybe include some text at the beginning of the document to explain the spirit of what we are trying to do here. - What is the “ask” in the implementation plan for PDP 3.0? It is just to make sure that the work of the WG is not delayed because of a Section 3.7 proceeding. So we have a blank slate, such as to create a Complaint Committee. - Question: Need to proceed with drafting the new 3.7 procedure text. Have we discussed how that will be done? Answer: That is the next step. We have a placeholder section and staff can propose text and circulate with the Super Small Team first for feedback. - Question: What is the weight of this #9 document – is it just a working document? Answer: It would complement the WG Guidelines. In the proposed new procedure text for Section 3.7 we would have a link to this document. - Important to submit this document to ICANN Legal for review. They can provide suggestions and advice, but they would not need to approve the document. Other parties, such as the Ombudsman and Conflict Resolution Specialist, may have feedback. - There is also new contents in the previous sections of the document to review. - Question: Is it reasonable to say that we could finish this in November? Answer: Staff thinks this is reasonable. - Need Small Team members to review the document this week. Also have a working session in Montreal. - Question: How should we handle amendments – Super Small Team and then Small Team, or just Small Team? Answer: Suggest Super Small Team to continue as that is more efficient. 3b. Improvement #15 - Not sure how feasible is for the Council to establish a panel of volunteer mediators that can be called upon when appropriate. - Go back to the original objective of #15 in the implementation plan - The first step in the implementation steps is about liaison’s role to proactively identify issues/challenges, which has already been completed via Improvement #5. - In developing improvement #9, we have identified several resources, including the Ombudsman, Complaints Officer, Conflict Specialist, and ICANN Legal, and complaint committee. - As guidance, briefly describe these resources, which already been laid out in Improvement #9. Can leverage the existing work and morph into a brief guideline for the Council to reference. - Support using the resources we already have (not least because they know how ICANN works & won't charge us $$$) - The thinking behind the conflict resolution specialist is to save money for hiring external resources - Have explanatory note for what is our thinking and why we reached the conclusion that the best course of action is to rely on existing resources. It is the matter of transparency. - The conflict situation is going to happen really rarely, we hope. - To provide rationale for what has been changed in the implementation plan. - ACTION ITEM: Staff to develop guidance for improvement #15, including rationale for the change to the implementation plan, and circulate the draft with small team to review.

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F2F meeting at ICANN66
by Maxim Alzoba Oct. 25, 2019

Oct. 25, 2019

Hello All, Our F2F meeting at ICANN66 (13:30 - 15:00, Mon, Nov 4, 2019 #512E, https://66.schedule.icann.org/meetings/1116967) clashes for me with Contracted Party House RA/RAA Amendment meeting, so I am not sure if I will be able to attend our F2F there. Sincerely Yours, Maxim Alzoba Special projects manager, International Relations Department, FAITID m. +7 916 6761580(+whatsapp) skype oldfrogger Current UTC offset: +3.00 (.Moscow)

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Post Call | PDP 3.0 Call | Friday, 25 October 2019 at 00:00 UTC
by Terri Agnew Oct. 25, 2019

Oct. 25, 2019

Dear all, All recordings for the PDP 3.0 small Ad-Hoc call with Brian Cute held on Friday, 25 October 2019 at 00:00 UTC can be found on the agenda wiki page <https://community.icann.org/x/cIUzBw> (attendance included). These include: * Attendance (please let me know if your name has been left off the attendance list) * Audio recording * Zoom chat archive * Zoom recording (including audio, visual, rough transcript) For additional information, you may consult the mailing list archives <https://mm.icann.org/pipermail/gnso-pdp3dot0-dt/> and the main wiki page<https://community.icann.org/x/3hhIBg>. Thank you. Kind regards, Terri

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Actions & Notes: GNSO PDP 3.0 Ad-Hoc Chat with Brian Cute 25 October 03:00 UTC
by Ariel Liang Oct. 25, 2019

Oct. 25, 2019

Dear All, Please find below the action items and notes captured during the PDP 3.0 Ad-hoc Chat with Brian Cute on Friday, 25 October at 00:00-01:00 UTC. Staff has posted to the wiki space the action items and notes. Please note that these are high-level notes and are not meant as a substitute for the recording and chat room records, which are posted on the wiki at: https://community.icann.org/x/cIUzBw Best Regards, Ariel Ariel Xinyue Liang GNSO Policy Support Specialist Internet Corporation for Assigned Names and Numbers (ICANN) == Action Items * None Notes * Interested in understanding the PDP 3.0 implementation process. * PDP 3.0 may help address some of items in the MSM workplan. Can be a model to address other areas of work in ICANN. * Rafik explained the background/process how the 14 improvements were developed, and how the small team carried out the work. * What resources are needed to develop the implementation documents and proposed procedures? Mostly inhouse as a collaborative effort between the small team and staff (e.g., project management related improvements by Berry). Expertise resides within ICANN (e.g., staff + community). One improvement is outsourced to external party (Improvement #4). * Each improvement has a Council member as the lead. Also reached out to other leaders in the GNSO (e.g., Heather) and liaisons to seek input. * Nothing in MSM project is designed to disturb in any way of the PDP 3.0 implementation. * The MSM workplan will be presented in Montreal and be part of the 5-year operating plan. Not Brian’s responsibility to figure out the cost. * Curious about the cost of implementing PDP 3.0 improvements. Not counting internal resources, only additional cost is the $30K ABR allocation for Improvement #4 (consensus playbook). However, human resources (e.g., volunteers + staff) are the biggest item and hard to quantify. * Approval for the ABR for #4 is contingent upon being used by the wider community. ABR process does not guarantee that all requests will be granted. * Don’t underestimate the time needed to develop the implementation documents. Weekly call is quite a commitment of the community, not to mention the number of hours staff have put into meeting preparation and document development. PDP 3.0 is close to the heart of the GNSO support team; the more efficient the process is the better for everyone involved. * The MSM workplan will include: 1) who will be tasked to carry out certain work, 2) timeline, 3) statement of resources, etc. None of the work will disturb any of the work that the GNSO is doing with PDP 3.0 implementation. Let GNSO continue the work, and the ICANN community will observe the implementation and impact. Other SOs/ACs can take the solution and use the outcome of the GNSO PDP 3.0 as a guide.

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Re: [GNSO-PDP3Dot0-DT] Post Call | PDP 3.0 Call | Tuesday, 22October 2019 at 13:00 UTC
by Nathalie Peregrine Oct. 24, 2019

Oct. 24, 2019

*with a correction to the date of the call which was the 22nd, as noted by Maxim (thank you!) and not the 24th as noted previously* Dear all, All recordings for the PDP 3.0 call held on Tuesday, 22 October 2019 at 13:00 UTC can be found on the agenda wiki page <https://community.icann.org/display/GCP/2019-10-22+PDP3.0> (attendance included). These include: * Attendance (please let me know if your name has been left off the attendance list) * Audio recording * Zoom chat archive * Zoom recording (including audio, visual, rough transcript) For additional information, you may consult the mailing list archives <https://mm.icann.org/pipermail/gnso-pdp3dot0-dt/> and the main wiki page<https://community.icann.org/x/3hhIBg>. Thank you. Kind regards, Nathalie

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Finalized Package 3 Improvements (#5 & #13) - Delivered to GNSO Council
by Ariel Liang Oct. 22, 2019

Oct. 22, 2019

Dear all, For the record on the mailing list – the finalized documents for Improvements #5 and #13 have been delivered to the Council. Thanks very much for Darcy’s leadership in shaping the implementation of these two improvements, and thanks to all Small Team members for your input/contribution! Best Regards, Ariel From: council <council-bounces(a)gnso.icann.org> on behalf of Ariel Liang <ariel.liang(a)icann.org> Date: Tuesday, October 22, 2019 at 1:23 PM To: "Drazek, Keith via council" <council(a)gnso.icann.org> Subject: [council] PDP 3.0 Package 3: Proposed Documents for Improvements 5 & 13 Dear GNSO Councilors, On behalf of the PDP 3.0 Small Team, staff would like to inform you that the Small Team has completed proposed documents for implementing ten (10) out of fourteen (14) PDP 3.0 improvements so far. The rest of the four (4) improvements are all in the pipeline with various levels of progress. On 22 August 2019, the Small Team delivered<https://mm.icann.org/pipermail/council/2019-August/022965.html> the proposed documents for Improvements #1, #2, #3 & #6. On 25 September 2019, the Small Team delivered<https://mm.icann.org/pipermail/council/2019-September/023075.html> the proposed documents for Improvements #11, #12, #14, and #16. The Small Team is now sending the following proposed documents for two (2) additional completed PDP 3.0 improvements – #5 & #13 – to the GNSO Council for review. They are packaged together as they are concerned with the review of GNSO Council liaison to PDPs and working group leadership. As part of the “dry run” for improvement deployment, the “new liaison briefing and liaison handover” document (Improvement #5) has already been used during the liaison handover call for the New gTLD Subsequent Procedures PDP and Review of All Rights Protection Mechanism for All gTLDs PDP. The Small Team invites the GNSO Council to review these documents and welcomes your questions and feedback. *** Improvements #5 (Active Role for and Clear Description of Council Liaisons to PDP WG) * New liaison briefing and liaison handover: https://docs.google.com/document/d/1zXDPAjpl-S3bOHuNY4EnJhigHpJQzhNNAD4NcXI… [docs.google.com]<https://urldefense.proofpoint.com/v2/url?u=https-3A__docs.google.com_docume…> * GNSO Council liaison supplemental guidance: https://docs.google.com/spreadsheets/d/1eNpkmZWuCeRc3o89duJ-OXt2Qm7W-g3O7m1… [docs.google.com]<https://urldefense.proofpoint.com/v2/url?u=https-3A__docs.google.com_spread…> Improvement #13 (Review of working group leadership) * Regular review of PDP working group leadership by GNSO Council: https://drive.google.com/a/icann.org/file/d/1hbc26gVvd5TjzLarGQkLxGQn_mRceF… [drive.google.com]<https://urldefense.proofpoint.com/v2/url?u=https-3A__drive.google.com_a_ica…> * PDP working group member survey on leadership performance: https://drive.google.com/a/icann.org/file/d/1URP3B3GCYzEj-nWZcVV_dcrdtuSY5w… [drive.google.com]<https://urldefense.proofpoint.com/v2/url?u=https-3A__drive.google.com_a_ica…> Best Regards, Ariel Ariel Xinyue Liang GNSO Policy Support Specialist Internet Corporation for Assigned Names and Numbers (ICANN)

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Actions & Notes: PDP 3.0 Small Team Meeting 22 Oct
by Ariel Liang Oct. 22, 2019

Oct. 22, 2019

Dear All, Please find below the action items and notes captured during the small team call on Tuesday, 22 October at 13:00 UTC. Staff has posted to the wiki space the action items and notes. Please note that these are high-level notes and are not meant as a substitute for the recording and chat room records, which are posted on the wiki at: https://community.icann.org/x/vIEzBw Best Regards, Ariel Ariel Xinyue Liang GNSO Policy Support Specialist Internet Corporation for Assigned Names and Numbers (ICANN) == ACTION ITEMS - Small Team members to review the proposal for Improvement #9, focusing on Section 3.1.3, Section 3.4, Section 4, Section 5, and Section 6. Small Team to provide comments/input directly on the Google Doc: https://docs.google.com/document/d/1CDwJe7UroRNnou-VGwN6vMCRjVYFyi8RRNlWmtJ… - Staff to circulate the draft proposal with ICANN Legal, Ombudsman, and Conflict Resolution Specialist for feedback, and ask Ombudsman for average time to resolve disputes historically (if the information is known). - Staff to develop guidance for improvement #15, including rationale for the change to the implementation plan, and circulate the draft with small team to review. NOTES 1. Welcome and roll call 2. Note about an ad-hoc meeting with Brian Cute on Friday, 25 October - It is an ad-hoc prep call so attendance is optional - Call will be recorded and published on the Small Team wiki page 3a. Improvement #9 3.1.3 Complaint Committee, page 7-8 - When we looked at the IETF procedures, they had WG members involved in the dialogue. Not sure if this is appropriate for ICANN 3.4 External Legal Council - “If one party insists on legal representation, the GNSO Council, in consultation with the ICANN Org and Ombudsman, should consider whether there are ways, if any, to provide assistance to the other parties involved in the proceeding to ensure a level playing field.” Not sure we can keep this in. Not sure it is feasible. 4.2 Public Knowledge Among Other WG members - Need to get input on this point. 4.3 Timeliness of Submission - Need guidance on how long this has been going on – if public knowledge for 2 months a complaint should be filed (adapted from the IETF). - Remove reference to RFC. 4.4 Suggested Template and Questions - Need to get input on this section. 4.5 Assessment of Complaint Submission - Need to get input on this section. Section 5.1: - Focus on the proposed procedure. Not much guidance in the WG Guidelines. - Provided two versions of the proceeding: 1) How it looks in “broad strokes” or high level. - First when the complaint is submitted the WG leadership will try to resolve the dispute. - If it cannot be resolved then any of the parties can bring it to the Council leadership, who will address it with the liaison and the Complaint Committee. - If the Council cannot resolve it then the complainant is encouraged to engage the Ombudsman. This is the final escalation step. - We checked other organizations and found that IETF had a similar process, so we pulled the language from the IETF. Process provides flexibility. See last two paragraphs in section 5.1. Don’t put restrictions on when certain things need to be done. Did not define what “reasonable” is or give it a fixed date. - Question: Do we know how long it takes on average for the Ombudsman to resolve disputes? ACTION: Staff can check if needed. - As to whether a complaint is legitimate, it is the WG leadership’s job to do that, but if the people involved in the dispute disagree with the assessment, then the Council leadership and liaison will be involved. Section 5.2: - Example of a best practice. - For each step we have some points of what needs to be done, for example to review a complaint to make sure it is acceptable. After the complaint is submitted we establish the Complaint Committee. A procedure to organize a dialogue. Budget time for the Complaint Committee to provide feedback. - Section 5 – there is flexibility for how to use the Complaint Committee, but also best practices to show how the Complaint Committee could be involved – two points of involvement. Section 5.3: Abusive Complaint - What to do with abusive complaints and consequences. - Question: Why is the penalty 5 years and not 3? We welcome suggestions on timing. Section 6: Preventative Measures - We know that the 3.7 proceeding will impact the work of the WG. - In everyone’s interest to prevent a proceeding from being undertaken. - Look at the grounds that give rise to a 3.7 proceeding: 1) someone not performing their role per WG guidelines; 2) contributions being ignored or discounted; 3) appeal of a decision by the WG or Chartering Organization. - Look at how we can prevent these grounds from resulting in a 3.7 proceeding. 6.1 Ways to help members, leaders, and liaisons perform their role in a WG: 6.2 Ways to prevent members’ contributions from being ignored or discounted: 6.3 Ways to prevent a decision from being appealed Discussion: - Called out the various improvements that apply in each section that can help to prevent a 3.7 proceeding. - This is quite important to stress. We want the escalation to Section 3.7 to be the last resort. - Maybe include some text at the beginning of the document to explain the spirit of what we are trying to do here. - What is the “ask” in the implementation plan for PDP 3.0? It is just to make sure that the work of the WG is not delayed because of a Section 3.7 proceeding. So we have a blank slate, such as to create a Complaint Committee. - Question: Need to proceed with drafting the new 3.7 procedure text. Have we discussed how that will be done? Answer: That is the next step. We have a placeholder section and staff can propose text and circulate with the Super Small Team first for feedback. - Question: What is the weight of this #9 document – is it just a working document? Answer: It would complement the WG Guidelines. In the proposed new procedure text for Section 3.7 we would have a link to this document. - Important to submit this document to ICANN Legal for review. They can provide suggestions and advice, but they would not need to approve the document. Other parties, such as the Ombudsman and Conflict Resolution Specialist, may have feedback. - There is also new contents in the previous sections of the document to review. - Question: Is it reasonable to say that we could finish this in November? Answer: Staff thinks this is reasonable. - Need Small Team members to review the document this week. Also have a working session in Montreal. - Question: How should we handle amendments – Super Small Team and then Small Team, or just Small Team? Answer: Suggest Super Small Team to continue as that is more efficient. 3b. Improvement #15 - Not sure how feasible is for the Council to establish a panel of volunteer mediators that can be called upon when appropriate. - Go back to the original objective of #15 in the implementation plan - The first step in the implementation steps is about liaison’s role to proactively identify issues/challenges, which has already been completed via Improvement #5. - In developing improvement #9, we have identified several resources, including the Ombudsman, Complaints Officer, Conflict Specialist, and ICANN Legal, and complaint committee. - As guidance, briefly describe these resources, which already been laid out in Improvement #9. Can leverage the existing work and morph into a brief guideline for the Council to reference. - Support using the resources we already have (not least because they know how ICANN works & won't charge us $$$) - The thinking behind the conflict resolution specialist is to save money for hiring external resources - Have explanatory note for what is our thinking and why we reached the conclusion that the best course of action is to rely on existing resources. It is the matter of transparency. - The conflict situation is going to happen really rarely, we hope. - To provide rationale for what has been changed in the implementation plan. - ACTION ITEM: Staff to develop guidance for improvement #15, including rationale for the change to the implementation plan, and circulate the draft with small team to review.

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Post Call | PDP 3.0 Call | Tuesday, 24 October 2019 at 13:00 UTC
by Nathalie Peregrine Oct. 22, 2019

Oct. 22, 2019

Dear all, All recordings for the PDP 3.0 call held on Tuesday, 24 October 2019 at 13:00 UTC can be found on the agenda wiki page <https://community.icann.org/display/GCP/2019-10-22+PDP3.0> (attendance included). These include: * Attendance (please let me know if your name has been left off the attendance list) * Audio recording * Zoom chat archive * Zoom recording (including audio, visual, rough transcript) For additional information, you may consult the mailing list archives <https://mm.icann.org/pipermail/gnso-pdp3dot0-dt/> and the main wiki page<https://community.icann.org/x/3hhIBg>. Thank you. Kind regards, Nathalie

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