July 2023 - SubPro-IRT - lists.icann.org

Re: [SubPro-IRT] Update to Predictability
by Ephraim Percy Kenyanito July 11, 2023

July 11, 2023

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Update to Predictability
by Lars Hoffmann July 10, 2023

July 10, 2023

Dear members of the SubPro IRT- Following last week’s discussion, I just updated the draft Predictability Framework in suggestion mode, so you can see the changes more easily. See google doc here: https://docs.google.com/document/d/1-D-Xan1Z99kkimsRFCPqPvpODL-Z-XUSzqqIMTO…; track changes PDF attached, too. In addition, Susan asked the following question during last week’s IRT call<https://community.icann.org/x/94GCDg>, in the context of the Council’s role in relation to the SPIRT, outside of amending existing or developing new policies: “@Lars, so you are saying Council could do the GGP, when it is finished they say - yes we need new policy or no, this is within the policy, no change required. And until they reach that determination Council hasn't determined that ‘no policy development is required’”? During the IRT call, I committed to send an answer on-list and here it is: Based on the SPIRT recommendations, this is how ICANN org sees the role of the GNSO Council in relation to the SPIRT: 1. The Council assesses an issue that the SPIRT brings to it (including the SPIRT recommendation on how to proceed) or, inversely, assesses one that it (the Council) would like to bring to the SPIRT’s attention. 2. The Council determines whether the change that is required to the program rises to the level of a policy change, i.e., a change to an existing policy or the development of a new policy. 3. The Council launches a process to develop the policy as it sees fit. 4. The new/amended policy, once adopted by the Board, will affect not the current but the next round. If the Council does not believe that a policy change is required, this would mean that there is a change that is required that is essentially an implementation change, because the Council has determined that the required change would be consistent with existing policy. If it is a change that would have a material impact on one or more applicants, the SPIRT has the option to collaborate with ICANN org, and the SPIRT and org would seek to come to an agreement on the approach. I hope this provides some clarity. Please let us know if you have further questions or issues that you would like to discuss on this topic. I would also like to add to the GGP discussion that took place last week, as it is somewhat connected to this. As a reminder, IRT members said that the Council may also want to provide guidance to the ongoing Program via a GNSO Guidance Process (GGP). A couple of IRT members noted that since such guidance would affect the Program it should be included in the Framework, possibly as a new category (in addition to the currently proposed three categories: minor operation, non-minor operations, and policy change). While I suggest we pick this up as part of the discussion during the next IRT meeting, I have consulted internally and wanted to provide some of our thinking for why we do not think this is necessary: The Council is able to launch a GGP in accordance with Annex A-2 of the Bylaws at any time and for any reasons it deems relevant - the Council is also free to discuss the launch of a GGP with the SPIRT or any other group. The implementation of such guidance, once the Board has adopted it, is covered by the Bylaws, which state: “Upon a final decision of the Board adopting the guidance, the Board shall, as appropriate, give authorization or direction to ICANN staff to implement the GNSO Guidance. If deemed necessary, the Board may direct ICANN Staff to work with the GNSO Council to create a guidance implementation plan, if deemed necessary, based upon the guidance recommendations identified in the Final Recommendation(s) Report.” Therefore, the GGP is an instrument the Council can use at any time. It does not require inclusion in the Framework as its use, processes, and implementation are detailed in the Bylaws. To ensure it is clear to applicants that the Council has this ability to launch a GGP, we believe it most prudent to note explicitly that the Predictability Framework does not impact the GNSO Council’s abilities and powers under the Bylaws, including to provide Guidance or launch other processes detailed in the Bylaws at its discretion. And that, if the Council launches such a process, it is governed by the relevant sections in the Bylaws. Please see updated language in the introductory paragraph<https://docs.google.com/document/d/1-D-Xan1Z99kkimsRFCPqPvpODL-Z-XUSzqqIMTO…>. Looking forward to picking this up during tomorrow’s discussion. Best wishes, Lars

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REMINDER | SubPro IRT Meeting #6 | 11 July 2023, 13:00-14:00 UTC
by Next Round Policy Implementation July 10, 2023

July 10, 2023

Dear All, The sixth meeting of the SubPro IRT will be held tomorrow, 11 July 2023 at 13:00-14:00 UTC [local time<https://www.timeanddate.com/worldclock/fixedtime.html?msg=SubPro+IRT+Meetin…>]. The agenda can be consulted here<https://community.icann.org/x/wI_ZDg>. Before the meeting, please be sure you have read the ICANN Expected Standards of Behavior<https://www.icann.org/resources/pages/expected-standards-2016-06-28-en>. We would like to remind participants that to ensure transparency of participation in ICANN's multistakeholder model, we ask that you sign in to Zoom sessions using your full name. For example, First Name and Last Name or Surname. You maybe removed from the session if you do not sign in using your full name. Zoom information: Join the Zoom Webinar directly (recommended): https://icann.zoom.us/j/98960123523?pwd=SjU0cEtieS9Kc2NZRUNPNGdraGQ0QT09 Meeting ID: 989 6012 3523 Passcode: z6sLS^44@y Zoom Audio only: One tap mobile +13462487799,,98960123523#,,,,*8399371478# US (Houston) +16699006833,,98960123523#,,,,*8399371478# US (San Jose) Dial in directly with your local number: https://icann.zoom.us/u/aIO87mfSF Meeting ID: 989 6012 3523 Passcode: 8399371478 Should you be unable to attend the meeting, please let us know in advance. A recording will be made available. Please do not hesitate to contact us should you have any questions. Best regards, Elisa

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Post call | SubPro IRT Meeting #5 | 5 July 2023
by Next Round Policy Implementation July 6, 2023

July 6, 2023

Dear All, The recordings for the fifth meeting of the SubPro IRT held on Wednesday, 5 July 2023 at 17:00-18:00 UTC are published on the meeting wiki page<https://community.icann.org/x/94GCDg>. These include: * Attendance * Audio recording * Zoom recording (including audio, visual, rough transcript, chat) * Transcript (in progress) * Deck For additional information, you may consult the mailing list archives<https://mm.icann.org/pipermail/subpro-irt/> and the main wiki page<https://community.icann.org/x/pQM5Dg>. Best regards, Elisa

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REMINDER | SubPro IRT Meeting #6 | 11 July 2023, 13:00-14:00 UTC
by Next Round Policy Implementation July 6, 2023

July 6, 2023

Dear All, The sixth meeting of the SubPro IRT will be held on 11 July 2023 at 13:00-14:00 UTC [local time<https://www.timeanddate.com/worldclock/fixedtime.html?msg=SubPro+IRT+Meetin…>]. The agenda can be consulted here<https://community.icann.org/x/wI_ZDg>. Before the meeting, please be sure you have read the ICANN Expected Standards of Behavior<https://www.icann.org/resources/pages/expected-standards-2016-06-28-en>. We would like to remind participants that to ensure transparency of participation in ICANN's multistakeholder model, we ask that you sign in to Zoom sessions using your full name. For example, First Name and Last Name or Surname. You maybe removed from the session if you do not sign in using your full name. Zoom information: Join the Zoom Webinar directly (recommended): https://icann.zoom.us/j/98960123523?pwd=SjU0cEtieS9Kc2NZRUNPNGdraGQ0QT09 Meeting ID: 989 6012 3523 Passcode: z6sLS^44@y Zoom Audio only: One tap mobile +13462487799,,98960123523#,,,,*8399371478# US (Houston) +16699006833,,98960123523#,,,,*8399371478# US (San Jose) Dial in directly with your local number: https://icann.zoom.us/u/aIO87mfSF Meeting ID: 989 6012 3523 Passcode: 8399371478 Should you be unable to attend the meeting, please let us know in advance. A recording will be made available. Please do not hesitate to contact us should you have any questions. Best regards, Elisa

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REMINDER | SubPro IRT Meeting #5 | 5 July 2023, 17:00-18:00 UTC
by Next Round Policy Implementation July 5, 2023

July 5, 2023

Dear All, The fifth meeting of the SubPro IRT will be held in one hour on 5 July 2023 at 17:00-18:00 UTC [local time<https://www.timeanddate.com/worldclock/fixedtime.html?msg=SubPro+IRT+Meetin…>]. The agenda can be consulted here<https://community.icann.org/x/94GCDg>. Before the meeting, please be sure you have read the ICANN Expected Standards of Behavior<https://www.icann.org/resources/pages/expected-standards-2016-06-28-en>. We would like to remind participants that to ensure transparency of participation in ICANN's multistakeholder model, we ask that you sign in to Zoom sessions using your full name. For example, First Name and Last Name or Surname. You maybe removed from the session if you do not sign in using your full name. Zoom information: Join the Zoom Webinar directly (recommended): https://icann.zoom.us/j/98960123523?pwd=SjU0cEtieS9Kc2NZRUNPNGdraGQ0QT09 Meeting ID: 989 6012 3523 Passcode: z6sLS^44@y Zoom Audio only: One tap mobile +13462487799,,98960123523#,,,,*8399371478# US (Houston) +16699006833,,98960123523#,,,,*8399371478# US (San Jose) Dial in directly with your local number: https://icann.zoom.us/u/aIO87mfSF Meeting ID: 989 6012 3523 Passcode: 8399371478 Should you be unable to attend the meeting, please let us know in advance. A recording will be made available. Please do not hesitate to contact us should you have any questions. Best regards, Elisa

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On Predicabilty
by Lars Hoffmann July 4, 2023

July 4, 2023

Dear IRT members, In drafting the text for the Predictability framework, we would you to confirm our understanding of Annex E and our approach to implementing the categories of operational and policy issues – per our questions contained in the text below. Please note, we also uploaded the question to the IRT’s google drive<https://docs.google.com/document/d/1Wuq5GgdaeM5pyIpd_I4WEUfUk10NgVEgk1b5P_A…> (with only the comment function enabled). If you cannot access the document, please contact document: nextround_policyimplementation(a)icann.org<mailto:nextround_policyimplementation@icann.org>. We are looking forward to hearing back on this issues. Best wishes, Lars Dear IRT members, In developing the Predictability Framework we would like to propose to make the Framework as efficient and transparent as possible. As a reminder, the intent of the Framework is to ensure that there is transparency and predictability about any changes that are made to the next round of the New gTLD Program (the Program) after it is launched. To this end, we ask that you confirm our understanding of Annex E and our approach to implementing the categories of operational and policy issues. Annex E of the Final Report<https://gnso.icann.org/sites/default/files/file/field-file-attach/final-rep…> provides three categories of operational issues and two categories of policy issues: 1. Minor operational issue 2. Non-minor operational issue 3. New operational process or significant operational issue 4. Changes that may have a policy implication 5. New proposals that have have policy implication To make the Framework more transparent and efficient, we propose (A) to combine categories 2 and 3 because regardless of whether an issue is identified as “non-minor” or a “new operational process or significant operational issue”, ICANN must consult the SPIRT and SPIRT has the option to collaborate with ICANN. We also propose (B) to combine categories 4 and 5 because in both categories the Council either determines that policy work is required or that, in fact, the issue requires an operational solution, which would move it automatically into one of the operational categories. A. Rationale for combining categories 2 and 3 The main procedural difference between category 1 and categories 2 and 3 is, according to Annex E, that the Standing Predictability Implementation Review Team (SPIRT) has the option to collaborate on solutions with ICANN org on issues that fall within categories 2 and 3. The difference between categories 2 and 3 is that in category 3, the GNSO Council and the ICANN Board can ‘initiate action’. It is our understanding that any issue that requires Council action is by definition a policy issue that requires a change to (or new) policy and would thus make it an issue that must fall into the ‘policy’ category. The ability of the Board to act is unaffected by the Framework. Therefore, we propose to reduce the categories of operational issues to minor and non-minor, with the procedural distinction that the latter gives SPIRT the option to collaborate with ICANN org on the solution. 1. Regarding the operational issues: We understand that the Council has only two tools to develop policies: a PDP or an EPDP. With regard to the impact on the Program, whether the GNSO amends existing policy or develops new policy, only a PDP or EPDP can achieve this. We also note in this context that the Council had previously confirmed to the ODP that policy changes can only affect subsequent rounds, never the current one. If the SPIRT refers an issue to the Council because it or ICANN believes that a policy change may be required, and the Council determines that no policy change is required, then ICANN org will address the issue via an operational change, in accordance with the Framework. Therefore, we propose to combine categories 4 and 5 into one category of ‘changes that require policy development’. ICANN org believes that this approach is consistent with recommendation 2.1 that “ICANN must establish predictable, transparent, and fair processes and procedures for managing issues that arise in the New gTLD Program after the Applicant Guidebook is approved which may result in changes to the Program and its supporting processes.” ICANN org has used the predictability framework outlined in Annex E to the Final Report as its guidance in proposing this approach to implement the framework with the goal of predictability in mitigating issues.

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SubPro IRT Meeting #23 | 19 December 2023, 13:00-14:00 UTC
by Next Round Policy Implementation July 4, 2023

July 4, 2023

Dear All, The 23rd meeting of the SubPro IRT will be held on 19 December 2023 at 13:00-14:00 UTC [local time<https://www.timeanddate.com/worldclock/fixedtime.html?msg=SubPro+IRT+Meetin…>]. The agenda can be consulted here<https://community.icann.org/x/dZOZDg>. Before the meeting, please be sure you have read the ICANN Expected Standards of Behavior<https://www.icann.org/resources/pages/expected-standards-2016-06-28-en>. We would like to remind participants that to ensure transparency of participation in ICANN's multistakeholder model, we ask that you sign in to Zoom sessions using your full name. For example, First Name and Last Name or Surname. You maybe removed from the session if you do not sign in using your full name. Zoom information: Join the Zoom Webinar directly (recommended): https://icann.zoom.us/j/98960123523?pwd=SjU0cEtieS9Kc2NZRUNPNGdraGQ0QT09 Meeting ID: 989 6012 3523 Passcode: z6sLS^44@y Zoom Audio only: One tap mobile +13462487799,,98960123523#,,,,*8399371478# US (Houston) +16699006833,,98960123523#,,,,*8399371478# US (San Jose) Dial in directly with your local number: https://icann.zoom.us/u/aIO87mfSF Meeting ID: 989 6012 3523 Passcode: 8399371478 Should you be unable to attend the meeting, please let us know in advance. A recording will be made available. Please do not hesitate to contact us should you have any questions. Best regards, Elisa

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SubPro IRT Meeting #22 | 12 December 2023, 20:00-21:00 UTC
by Next Round Policy Implementation July 4, 2023

July 4, 2023

Dear All, The 22nd meeting of the SubPro IRT will be held on 12 December 2023 at 20:00-21:00 UTC [local time<https://www.timeanddate.com/worldclock/fixedtime.html?msg=SubPro+IRT+Meetin…>]. The agenda can be consulted here<https://community.icann.org/x/bpOZDg>. Before the meeting, please be sure you have read the ICANN Expected Standards of Behavior<https://www.icann.org/resources/pages/expected-standards-2016-06-28-en>. We would like to remind participants that to ensure transparency of participation in ICANN's multistakeholder model, we ask that you sign in to Zoom sessions using your full name. For example, First Name and Last Name or Surname. You maybe removed from the session if you do not sign in using your full name. Zoom information: Join the Zoom Webinar directly (recommended): https://icann.zoom.us/j/98960123523?pwd=SjU0cEtieS9Kc2NZRUNPNGdraGQ0QT09 Meeting ID: 989 6012 3523 Passcode: z6sLS^44@y Zoom Audio only: One tap mobile +13462487799,,98960123523#,,,,*8399371478# US (Houston) +16699006833,,98960123523#,,,,*8399371478# US (San Jose) Dial in directly with your local number: https://icann.zoom.us/u/aIO87mfSF Meeting ID: 989 6012 3523 Passcode: 8399371478 Should you be unable to attend the meeting, please let us know in advance. A recording will be made available. Please do not hesitate to contact us should you have any questions. Best regards, Elisa

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SubPro IRT Meeting #21 | 5 December 2023, 13:00-14:00 UTC
by Next Round Policy Implementation July 4, 2023

July 4, 2023

Dear All, The 21st meeting of the SubPro IRT will be held on 5 December 2023 at 13:00-14:00 UTC [local time<https://www.timeanddate.com/worldclock/fixedtime.html?msg=SubPro+IRT+Meetin…>]. The agenda can be consulted here<https://community.icann.org/x/ZpOZDg>. Before the meeting, please be sure you have read the ICANN Expected Standards of Behavior<https://www.icann.org/resources/pages/expected-standards-2016-06-28-en>. We would like to remind participants that to ensure transparency of participation in ICANN's multistakeholder model, we ask that you sign in to Zoom sessions using your full name. For example, First Name and Last Name or Surname. You maybe removed from the session if you do not sign in using your full name. Zoom information: Join the Zoom Webinar directly (recommended): https://icann.zoom.us/j/98960123523?pwd=SjU0cEtieS9Kc2NZRUNPNGdraGQ0QT09 Meeting ID: 989 6012 3523 Passcode: z6sLS^44@y Zoom Audio only: One tap mobile +13462487799,,98960123523#,,,,*8399371478# US (Houston) +16699006833,,98960123523#,,,,*8399371478# US (San Jose) Dial in directly with your local number: https://icann.zoom.us/u/aIO87mfSF Meeting ID: 989 6012 3523 Passcode: 8399371478 Should you be unable to attend the meeting, please let us know in advance. A recording will be made available. Please do not hesitate to contact us should you have any questions. Best regards, Elisa

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