May 2025 - SubPro-IRT - lists.icann.org

Contention Resolution
by Lars Hoffmann May 13, 2025

May 13, 2025

Dear IRT, Please see here for a link to the updated document on Contention Set Resolution (Topic 35): https://docs.google.com/document/d/1bIu1lRxe4zr-lKRlfoQzd9dayoysItb4-AtvXUz… This version shows only the redlines from the previous version we shared (and reviewed) during last week’s call. The document will go for public comment as part of the full AGB at the end of this month. Best wishes, Lars

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ASP Bid Credit Proposed Revisions
by Kristy Buckley May 8, 2025

May 8, 2025

Greetings IRT and ASP-IRT members (please forgive the cross-post), Further to our discussion today during Meeting #138<https://icann-community.atlassian.net/wiki/spaces/SPIR/pages/181141583/2025…>, we are sharing the proposed revisions to the ASP bid credit on the EXT drive<https://docs.google.com/document/d/1bIu1lRxe4zr-lKRlfoQzd9dayoysItb4-AtvXUz…>. As noted during the meeting, we are proposing these revisions for two reasons: 1. The edits intend to clarify that the bid credit indeed acts as a credit as well as a discount. The credit allows supported applicants to bid higher than they might otherwise, thereby increasing their chance of winning (per the stated rationale for policy Rec 17.15<https://gnso.icann.org/sites/default/files/file/field-file-attach/final-rep…>). The bid credit also provides a discount by reducing the amount due by the winning supported applicant. 2. These revisions aim to further mitigate risks associated with ICANN providing undue financial benefits to private parties (in the case that the winning price paid by the supported applicant exceeds the financial thresholds needed to qualify for support). Many thanks for your initial review during the meeting. Please let us know if you have any further questions or comments. Kind regards, Kristy

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Re: [Ext] CPE Comments Slide Deck
by Jared Erwin May 8, 2025

May 8, 2025

Dear all, Apologies, I’m not sure those links came through. Let me try again: You can find that link here: https://icann-community.atlassian.net/wiki/spaces/SPIR/pages/262045703/5.+A…. The CPE deck can be found here (also on the link above): https://icann-community.atlassian.net/wiki/download/attachments/112200175/2…. Thank you Jared On 5/8/25, 09:51, "Jared Erwin via SubPro-IRT" <subpro-irt(a)icann.org <mailto:subpro-irt@icann.org>> wrote: Dear Kathy and all, As a reminder, we have recently created this page with links to all the topic documents as well as the slide decks where we talked through the public comments/our responses. You can find that link here: https://urldefense.com/v3/__https://icann-community.atlassian.net/wiki/spac… <https://urldefense.com/v3/__https://icann-community.atlassian.net/wiki/spac…>.*AGB*Topics*Overview*Log__;KysrKw!!PtGJab4!5x1lTLmTJ3s0jpSMPO0cPd9ZJT1ix8oiYYTVseq6sKRb_CvJJY8bZ2iBAJ07Cw0MywSy7xeb4rHMxiQ4HM59mxU9nfM$ [icann-community[.]atlassian[.]net]. The CPE deck can be found here (also on the link above): https://urldefense.com/v3/__https://icann-community.atlassian.net/wiki/down… <https://urldefense.com/v3/__https://icann-community.atlassian.net/wiki/down…>*20IRT_Meeting*20*23130_Deck.pdf?api=v2__;JSUl!!PtGJab4!5x1lTLmTJ3s0jpSMPO0cPd9ZJT1ix8oiYYTVseq6sKRb_CvJJY8bZ2iBAJ07Cw0MywSy7xeb4rHMxiQ4HM59pbpAizU$ [icann-community[.]atlassian[.]net]. Thank you, Jared On 5/8/25, 09:45, "Kathy Kleiman" <Kathy(a)KathyKleiman.com <mailto:Kathy@KathyKleiman.com> <mailto:Kathy@KathyKleiman.com <mailto:Kathy@KathyKleiman.com>>> wrote: Hi Lars, Jared, and Elisa, May I ask you to share the slide deck of comments we received on the CPE, and the ICANN Org responses? It might be useful for everyone, so I write and include the SubPro WG. Best and tx, Kathy _______________________________________________ SubPro-IRT mailing list -- subpro-irt(a)icann.org <mailto:subpro-irt@icann.org> To unsubscribe send an email to subpro-irt-leave(a)icann.org <mailto:subpro-irt-leave@icann.org> _______________________________________________ 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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CPE Comments Slide Deck
by Kathy Kleiman May 8, 2025

May 8, 2025

Hi Lars, Jared, and Elisa, May I ask you to share the slide deck of comments we received on the CPE, and the ICANN Org responses? It might be useful for everyone, so I write and include the SubPro WG. Best and tx, Kathy

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Post call | SubPro IRT Meeting #138 | 8 May 2025
by Next Round Policy Implementation May 8, 2025

May 8, 2025

Dear All, The recordings for Meeting #138 of the SubPro IRT held on Thursday, 8 May 2025 are published on the meeting wiki page<https://icann-community.atlassian.net/wiki/x/TwDMCg>. These include: * Audio recording * Zoom recording (including audio, visual, rough transcript, chat) * Attendance * 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, Renate

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CANCELLED | SubPro IRT Meeting #139 | 13 May 2025, 12:00-14:00 UTC
by Next Round Policy Implementation May 8, 2025

May 8, 2025

Dear All, Meeting #139 of the SubPro IRT scheduled for Tuesday, 13 May 2025 at 12:00-14:00 UTC is cancelled. Best regards, Renate

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Updates and Materials
by Lars Hoffmann May 8, 2025

May 8, 2025

Dear IRT members, Following recent discussions, we have prepared redline updates to a number of topics – details and links below. Please note, the first to topics in the list: Terms and Conditions and Contention Resolution, will be the subject of tomorrow’s call. During tomorrow’s call we will also go over some of the conditional fee issues, I hope to share materials prior to the call on that, too. As always, please reach out with any questions/comments etc. Best. Lars 1. Terms and Conditions [https://docs.google.com/document/d/1EfnA02C5lc-PXQUgukerFJ2rkSzLDFCbZ4jiZFO…] o Paragraph 1: We modified the language to make more clear which kinds of changes applicants are required to provide notice to ICANN, and this clarity also goes to the question about “material” since the requirement is that applicants must tell ICANN about changes with this Application that could adversely affect impact the results of the evaluation of this Application * Paragraph 9: in response to questions about the ability to assign an application, we deleted the final section of the last clause because the intent is that an applicant cannot resell/assign/transfer an application. 1. Contention Resolution / No Collusion [https://docs.google.com/document/d/1bIu1lRxe4zr-lKRlfoQzd9dayoysItb4-AtvXUz…] · We updated section 2 (Prohibition of Private Resolution) as follows: o Made clear that applicants are only prohibited from communication on strings they are in contention with. Meaning that applicants can speak to other applicants/consultants etc. whose are not apply for a string they are in contention with. o Made clear that applicants prevailing in an auction may speak to other applicants they were in contention with, once these applicants have withdrawn from the program. o Added language that makes clear that ICANN reserves the right to take appropriate action to address false claims of violations of the no-collusion rules. · We did not further elaborate/explain the term ‘other things of value’. While Anne’s point from our previous discussion is well made, we have intentionally left this language broad to cover a variety of situations/things. 1. Application Journey [https://docs.google.com/document/d/1lXSaBBAHP1S57nxjHNvpRzrQrOoscCY_vN1QXp0…] · We made updates to the RSP Selection language, reflecting input from the previous IRT discussion. · We added more information regarding “expected duration” of the different stages of the application process 1. Name Collision [https://docs.google.com/document/d/14lo8OPG80PVJnQQs0wlxafC07CC9YNyhzad5yvJ…] · We made one substantive update following your feedback, adding “However, as permanent delegations take precedence over temporary delegations, this number may vary from month to month.” At the end of the first paragraph in section 4 (top of page 4). · We also added a new footnote 1, referencing section 2.2 of the NCAP Study report.

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Re: Updates and Materials
by Pruis, Elaine May 8, 2025

May 8, 2025

Agree with Marc on this one. Elaine From: trachtenbergm--- via SubPro-IRT <subpro-irt(a)icann.org> Reply-To: "trachtenbergm(a)gtlaw.com" <trachtenbergm(a)gtlaw.com> Date: Thursday, May 8, 2025 at 12:18 AM To: "Jeff(a)jjnsolutions.com" <Jeff(a)jjnsolutions.com>, "lars.hoffmann(a)icann.org" <lars.hoffmann(a)icann.org>, "subpro-irt(a)icann.org" <subpro-irt(a)icann.org> Subject: [EXTERNAL] [SubPro-IRT] Re: Updates and Materials Caution: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Jeff, I think that your concerns here are speculative and this goes too far into the weeds. ICANN should not be dictating how applicants might organize themselves and/or how they might designate responsibility for different application-related functions. Best regards, Marc H. Trachtenberg Shareholder Chair, Internet, Domain Name, e-Commerce and Social Media Practice Greenberg Traurig, LLP 77 West Wacker Drive | Suite 3100 | Chicago, IL 60601 T +1 312.456.1020 M +1 773.677.3305 trac(a)gtlaw.com | www.gtlaw.com | View GT Biography From: Jeff Neuman via SubPro-IRT <subpro-irt(a)icann.org> Sent: Wednesday, May 7, 2025 11:00 AM To: Lars Hoffmann <lars.hoffmann(a)icann.org>; Next Round Policy Implementation via SubPro-IRT <subpro-irt(a)icann.org> Subject: [SubPro-IRT] Re: Updates and Materials *EXTERNAL TO GT* Thanks Lars. On the terms and conditions, the modification made does not address the comment I had at all. Now the language states only “Applicant may not resell, assign, or transfer this Application.” In 2012, it stated: “Applicant may not resell, assign, or transfer any of applicant’s rights or obligations in connection with the application.” Remember, the ICANN Board resolution of 30-4-23 stated that we needed to add MORE clarity to this. But we have actually done the opposite. If we could get legal counsel on the call so we can walk through it, perhaps they will understand the legal point I am raising. Namely, Assignment and Change of Control are two different concepts. Prohibiting the Assignment of an Application prohibits transferring the application from Party A to Party B. That is good and this is the part that is in there now. So assume Lars, you are Party A and I am party B. This provision rightly says that Lars may not transfer the application in its entirety to Me. However, in addition to not being able to assign the application as a whole to a third party, normally the language says, you may not assign the rights or obligations contained within the application to any third party. In fact, this is what the language said in the 2012 Guidebook…not sure why that was replaced with this. Why Does this matter? Who cares? Without the language about assigning the rights or obligations contained within the application, Lars, can essentially enter into an agreement with me, whereby I can control everything in the application. I can do all the bidding at an auction, I can do the negotiating with ICANN. Lars can essentially make me responsible for the entire application, but because the actual application itself was not assigned to me, there will be no background check on me, the public will never know I am the one pulling the strings and therefore there can be no objections filed against me or GAC early warnings, etc….no one has to know anything about me. In other words, in my example, Lars is just the public face, even though I am doing everything. Legally, the agreement Lars and I entered into is NOT an assignment and therefore is expressly allowed. In addition, an anti-assignment clause alone does NOT forbid any change of control over the application. Assume Lars company that submitted an application is called Lars, Inc. Lars, Inc. is currently owned 100% by Lars, Ltd. which is 100% owned by Lars Hoffmann. Lars discloses all of this in his application. I can enter into a deal to buy 100% of Lars Ltd. such that Lars Ltd. still owns 100% of the Lars Inc application….its just under my control right now. The Ts and Cs would allow this, because there has been no assignment of the application itself. Just a change of control of the parent company. And, more importantly, there would never be a background check on me, no public comment period on me, no ability to file objections, no ability for the government early warnings or GAC Advice. Bottom line, is that an anti-assignment clause that does not address change of control or assignment of the rights / responsibilities of the application, will lead to the sanctioning of the ultimate gaming. It will lead to shills submitting applications on behalf of third parties that will be able to escape all of the applicant evaluations, comments and objections we have created for the new gTLD round. Moreover, this is what the Board wanted us to clarify in its April 30, 2023, resolutions. And we have not only not clarified it, but we have made it much easier to game the system. More specifically, we have not addressed this: “Resolved (2023.04.30.13), the Board hereby notes the questions raised regarding certain conduct by both NDC and Altanovo and directs the Interim President and CEO, or her designee(s), to carefully consider the issues raised by the parties and the Panel in the .WEB IRP with regard to agreements similar to the DAA and communications prior to an ICANN auction when developing the Guidebook and auction rules for the next round of the New gTLD Program in order to provide greater clarity to applicants regarding the transparency and notification requirements throughout the application and auction processes.” From: Lars Hoffmann via SubPro-IRT <subpro-irt(a)icann.org> Sent: Wednesday, May 7, 2025 2:25 AM To: Next Round Policy Implementation via SubPro-IRT <subpro-irt(a)icann.org> Subject: [SubPro-IRT] Updates and Materials Dear IRT members, Following recent discussions, we have prepared redline updates to a number of topics – details and links below. Please note, the first to topics in the list: Terms and Conditions and Contention Resolution, will be the subject of tomorrow’s call. During tomorrow’s call we will also go over some of the conditional fee issues, I hope to share materials prior to the call on that, too. As always, please reach out with any questions/comments etc. Best. Lars Terms and Conditions [https://docs.google.com/document/d/1EfnA02C5lc-PXQUgukerFJ2rkSzLDFCbZ4jiZFO…] o Paragraph 1: We modified the language to make more clear which kinds of changes applicants are required to provide notice to ICANN, and this clarity also goes to the question about “material” since the requirement is that applicants must tell ICANN about changes with this Application that could adversely affect impact the results of the evaluation of this Application Paragraph 9: in response to questions about the ability to assign an application, we deleted the final section of the last clause because the intent is that an applicant cannot resell/assign/transfer an application. Contention Resolution / No Collusion [https://docs.google.com/document/d/1bIu1lRxe4zr-lKRlfoQzd9dayoysItb4-AtvXUz…] We updated section 2 (Prohibition of Private Resolution) as follows: o Made clear that applicants are only prohibited from communication on strings they are in contention with. Meaning that applicants can speak to other applicants/consultants etc. whose are not apply for a string they are in contention with. o Made clear that applicants prevailing in an auction may speak to other applicants they were in contention with, once these applicants have withdrawn from the program. o Added language that makes clear that ICANN reserves the right to take appropriate action to address false claims of violations of the no-collusion rules. We did not further elaborate/explain the term ‘other things of value’. While Anne’s point from our previous discussion is well made, we have intentionally left this language broad to cover a variety of situations/things. Application Journey [https://docs.google.com/document/d/1lXSaBBAHP1S57nxjHNvpRzrQrOoscCY_vN1QXp0…] We made updates to the RSP Selection language, reflecting input from the previous IRT discussion. We added more information regarding “expected duration” of the different stages of the application process Name Collision [https://docs.google.com/document/d/14lo8OPG80PVJnQQs0wlxafC07CC9YNyhzad5yvJ…] We made one substantive update following your feedback, adding “However, as permanent delegations take precedence over temporary delegations, this number may vary from month to month.” At the end of the first paragraph in section 4 (top of page 4). We also added a new footnote 1, referencing section 2.2 of the NCAP Study report.

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REMINDER EARLIER TIME | SubPro IRT Meeting #138 | 8 May 2025, 12:00-14:00 UTC
by Next Round Policy Implementation May 8, 2025

May 8, 2025

WE ARE MOVING THIS MEETING TO AN EARLIER TIME, NOW STARTING AT 12:00 UTC. PLEASE DO NOT FORGET TO ADJUST YOUR CALENDARS Dear All, Meeting #138 of the SubPro IRT will be held in one hour on 8 May 2025 at 12:00-14:00 UTC [local time [tinyurl.com]<https://urldefense.com/v3/__https:/tinyurl.com/mr2jnwhr__;!!PtGJab4!5C5Ifis…>]. Planned topics: Contention Sets – No Collusion Language; Terms & Conditions The final agenda can be consulted here [icann-community.atlassian.net]<https://urldefense.com/v3/__https:/icann-community.atlassian.net/wiki/x/TwD…>. 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> and the ICANN Community Anti-Harassment Policy<https://wecann.icann.org/external-link.jspa?url=https%3A%2F%2Fwww.icann.org…>. 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 may be 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/97063459905?pwd=VUVsd0J0RnNtRXkyNXJFZW9vdTEzZz09 [icann.zoom.us]<https://urldefense.com/v3/__https:/icann.zoom.us/j/97063459905?pwd=VUVsd0J0…> Meeting ID: 970 6345 9905 Passcode: DQ#0L.9x5e Zoom Audio only: One tap mobile +13462487799,,97063459905#,,,,*5806401747# US (Houston) +16699006833,,97063459905#,,,,*5806401747# US (San Jose) Meeting ID: 970 6345 9905 Passcode: 5806401747 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, Renate

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RSP Stats
by Lars Hoffmann May 7, 2025

May 7, 2025

Hi IRT members, I wanted to share with you the RSP Statistics for April 2025: https://newgtldprogram.icann.org/en/application-rounds/round2/rsp/program-s… Best. Lars

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