- SubPro-IRT - lists.icann.org

Re: [Ext] Re: Re: Material Impact
by Lars Hoffmann Jan. 28, 2025

Jan. 28, 2025

Thank you, Jeff. This is helpful input. Some initial thoughts we can discuss later: The change you describe in (1) is a policy change in my opinion – ‘material impact’ in the context of the predictability framework<https://docs.google.com/document/d/18Qs19Cj3Q5DK8pXfqw37aDa7a3RtI9wTNU0n7Sa…> is about operational changes that require the involve of SPIRT. Of course, the business model itself is not something that is being evaluated as part of the program, per implementation guidance 27.6. Your point on the timing (2) is well noted. You example in (3) is, in my reading, also a policy change. (4) changes to the contention resolution process also, in my view, is a policy change not an operational change. The change of evaluation criteria also could be a policy change, however if operational change impact the outcome of evaluations, then that is covered by the current text in the material change document<https://docs.google.com/document/d/1qbxrnE-71jmzwfDwMMTGbqnuHU3WkUQXibZsXGb…>. As for the ‘delegation’ I suspect this could be related to your timing issue you raise in (2). Else, could you explain how this could be based on an operational change? Looking forward to a good discussion later. Very best. Lars From: Jeff Neuman <jeff(a)jjnsolutions.com> Date: Tuesday, 28 January 2025 at 09:20 To: Rubens Kuhl <rubensk(a)nic.br>, Lars Hoffmann <lars.hoffmann(a)icann.org>, Next Round Policy Implementation via SubPro-IRT <subpro-irt(a)icann.org> Subject: [Ext] Re: [SubPro-IRT] Re: Material Impact I will not be able to be on the call, but material impact includes more than the change of the status of the application, change of the outcome of the evaluation, or non-trivial monetary impact (whatever that means….after all what is trivial to a large operator may be very material to smaller registries (ie., the price increases introduced by ICANN). It also includes: 1. Forcing a change of business models: (eg., what happened when ICANN initially stated in 2012 that is was not allowing closed generics). Brand Applicants were forced to change from being a closed registry to having to allow registrations by third parties including their competitors. This resulted in some brands dropping out; 2. Introducing delay in the evaluation and/or delegation of the TLD (eg., the name collision stuff as it was introduced during a change in 2012)l 3. A material change in the terms and conditions of the application, or the registry agreement (eg., as was in the case of ICANN changing the 2012 Base RA unilaterally when Fadi came in to be the CEO) 4. Adding new requirements or new policies each registry must implement that were not contemplated prior to the the submission of the application; 5. material change to the criteria for evaluation, contention resolution, or delegation of the TLD. Each of these were discussed by the SubPro IRT as the basis for having the Predictability Framework, why such changes should be avoided as much as possible during a round, and why such changes should allow additional refunds. I hope these examples help you think about how your definition needs to be amended. I look forward to listening to the call recording. Sincerely, Jeffrey J. Neuman Founder & CEO JJN Solutions, LLC +1.202.549.5079 Jeff(a)jjnsolutions.com ________________________________ From: Rubens Kuhl via SubPro-IRT <subpro-irt(a)icann.org> Sent: Monday, January 27, 2025 2:05 PM To: Lars Hoffmann <lars.hoffmann(a)icann.org>; Next Round Policy Implementation via SubPro-IRT <subpro-irt(a)icann.org> Subject: [SubPro-IRT] Re: Material Impact The issue with “monetary impact” is the definition that only serves gTLDs oriented towards selling registrations. It could probably be made more generic tuning it to the mission of the TLD. This includes the many facets of impact that may happen to an application. Rubens Em 27 de jan. de 2025, à(s) 18:47, Lars Hoffmann via SubPro-IRT <subpro-irt(a)icann.org> escreveu: Dear IRT members, I trust this email finds you well. For tomorrow’s call (Tuesday 28 Jan, 13:00-15:00 UTC), please, see below a link to a short document on the definition of ‘material impact’ – also attached as pdf. We will share the draft ‘Terms and Conditions’ Tuesday morning (CET) as well as an AGB section on contention resolution concerning geo name applications. I know you will likely not be able to review these before the call. I will walk through the documents, tomorrow, take initial feedback and you can then add comments on both documents after the call. We will schedule follow-up calls for both issues as needed. Best wishes, Lars Definition of “Material Impact” for Predictability Framework [docs.google.com]<https://urldefense.com/v3/__https:/docs.google.com/document/d/1qbxrnE-71jmz…> <EXT_Material_Impact.pdf>_______________________________________________ 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) 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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REMINDER | SubPro IRT Meeting #108 | 29 January 2025, 05:00-06:00 UTC
by Next Round Policy Implementation Jan. 27, 2025

Jan. 27, 2025

Dear All, Meeting #108 of the SubPro IRT will be held on 29 January 2025 at 05:00-06:00 UTC [local time [tinyurl.com]<https://urldefense.com/v3/__https:/tinyurl.com/3y3h52j9__;!!PtGJab4!99hfjBY…>]. The agenda can be consulted here<https://community.icann.org/x/B4DvGw>. 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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REMINDER | SubPro IRT Meeting #107 | 28 January 2025, 13:00-15:00 UTC
by Next Round Policy Implementation Jan. 27, 2025

Jan. 27, 2025

PLEASE NOTE THAT THIS CALL HAS BEEN EXTENDED BY AN HOUR, FROM 13:00 TO 15:00 UTC Dear All, Meeting #107 of the SubPro IRT will be held on 28 January 2025 at 13:00-15:00 UTC [local time [tinyurl.com]<https://urldefense.com/v3/__https:/tinyurl.com/3mtttz96__;!!PtGJab4!89s5rhy…>]. The agenda can be consulted here<https://community.icann.org/x/JwDTGg>. 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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Draft AGB Section for Topic 34: Community Applications
by Jared Erwin Jan. 24, 2025

Jan. 24, 2025

Dear IRT Members, Please find here for your review the draft AGB section for Topic 34: Community Application (Community Priority Evaluation) along with the draft application questions related to community applications: * Draft AGB Section (Google Doc)<https://docs.google.com/document/d/1JEnYgVuRwXR_x8I59hpe8MNLBmjsgOK3hivz-1K…> * Draft AGB Section (Clean PDF)<https://community.icann.org/download/attachments/315490346/CLEAN_EXT_Topic%…> * Draft AGB Section (PDF w/ Comments re: SubPro Recs)<https://community.icann.org/download/attachments/315490346/EXT_Topic%2034_C…> * Draft Community related Application Questions (Google Sheet)<https://docs.google.com/spreadsheets/d/1_WGnCrXJrJininvGksnirC0zdJCWRSZ4XbU…> * Draft Community related Application Questions (PDF)<https://community.icann.org/download/attachments/315490346/EXT_Draft%20Comm…> For your reference, here is also a link to the CPE Guidelines from the 2012 Round: https://newgtlds.icann.org/sites/default/files/guidelines-27sep13-en.pdf. We have marked in the draft AGB section where we have pulled from these guidelines, where relevant. This AGB section is a culmination of the last few months of work related to the CPE criteria and incorporates the IRT’s feedback to date. Some highlights of the changes we have made since we last spoke: * Added “Longevity” back in as a sub-criterion of Criterion 1: Community Establishment * Adjusted the scoring to be more binary, where possible/applicable. As we have discussed, there is a balance to be struck between objectivity and allowing for applicants to have a chance to achieve more points. When there are more “in-between” scoring options, this induces subjectivity into the evaluation. * Clarified requirements related to the role of the applicant as either administrator/representative or an “aggregator” * Focused on the use of the term “identified community” as opposed to the “community as defined (by the applicant)” * Adjusted nexus guidelines to allow for an “alternative name” as opposed to just a “short form or abbreviation” * Sought to provide clear guidelines for how the applicant can/should achieve points or provide evidence for a particular criterion. We expect to continue to discuss the draft AGB section, including the CPE criteria, with the IRT in the new year and we will schedule a meeting to go through the AGB section and the IRT’s feedback for early January. Accordingly, we would kindly request for you to review and provide any input by 8 January 2025. Thank you and wishing you all happy holidays and a happy new year. Best Jared -- Jared Erwin Director, New gTLD Program Global Domains & Strategy Internet Corporation for Assigned Names and Numbers (ICANN) jared.erwin(a)icann.org<mailto:jared.erwin@icann.org>

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Post call | SubPro IRT Meetings #106 | 23 January 2025
by Renate De Wulf Jan. 24, 2025

Jan. 24, 2025

Dear All, The recording for Meeting #106 of the SubPro IRT held on Thursday, 23 January 2025 at 19:00-20:00 UTC are published on the meeting wiki page<https://community.icann.org/x/HQDTGg> These include: * Audio recording * Zoom recording (including audio, visual, rough transcript, chat) * Attendance 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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Relationship of CPE and RCE
by Jeff Neuman Jan. 23, 2025

Jan. 23, 2025

All, In preparation for a conversation on the relationship of the Community Priority Evaluation (CPE) process and its relationship to the Registry Commitments Evaluation process (RCE), I have prepared the following Google Doc: https://docs.google.com/document/d/1E0PDEIFuzRC180gEgj5hUYl4IgFuL7l_j79_E5h… which looks at certain registration policies of applicants that applied in the last round as community TLDs that became registries. Most of them did not go through CPE, but all of them had to propose their registration policies in their application as if they would be going through CPE and all of them have contractual requirements in their Agreements in Specification 12. Context for Discussion - 1. We now know that the ICANN Agreement in the future will no longer contain contractual provisions governing the use of content as this is not something that ICANN can enforce. 2. ICANN org has interpreted that to mean (I believe incorrectly) that registration policies submitted for CPE must not contain any provisions that govern the use of content (as those commitments will not pass RCE. 3. However, I believe that CPE is a separate and distinct process than RCE and that in order to qualify as a community many registries will still want to propose commitments not for inclusion in the ICANN Agreement, but rather to get endorsements from their community members and to run their registries. Again, these commitments would not be for ICANN to enforce, but rather for the Registry to implement and through its own set up enforcement mechanisms. 4. But the current language says that if a commitment does not pass RCE (meaning ICANN cannot enforce the commitment), then it cannot even be considered as part of CPE, which again I believe is wrong. Overall Points: The current language in proposed text states that any commitments in a registry policy (regardless of who is enforcing it) must pass RCE (ie, be enforceable by ICANN) in order to be considered in the CPE process. However, CPE should be able to consider commitments made by a registry regardless of whether they are intended to be in the ICANN Registry Agreement or not. Just because ICANN is not able to regulate content does not mean that the registries themselves cannot have policies (which they enforce privately) that do. And those policies are important for the community to see and evaluate. Take the following two examples: A. From .Bank (did not go through CPE because ended up uncontested): Registrants may not use its domain name for " any purposes prohibited by the bank’s charter or license." - Now we all know this is not something that ICANN can enforce and would unlikely pass RCE. But that does not mean that this requirement is not crucial to be contained in a registration policy and would be expected to be in an applicant's application for comment and for the purposes of getting community support. Therefore, to say that this should not be even considered in CPE does not make sense. B. From .sport (which passed CPE): "Registrant will not use the .Sport domain name for "Promoting and advocating any conduct and/or activity that constitutes or may constitute an anti-doping rule violation under the World Anti-Doping Code." - Again, we all know this is not intended for ICANN to enforce and would not be intended in the future to be contained within the ICANN Registry Agreement. It would not pass RCE. But to say that therefore it should not even be considered in CPE seems wrong. This policy may be critical to the Sport Community, and they would expect to see it in the registration policies. It may be required to get appropriate endorsements and support (which is evaluated under CPE). I am still looking for other community TLD policies and will update the Google Doc: https://docs.google.com/document/d/1E0PDEIFuzRC180gEgj5hUYl4IgFuL7l_j79_E5h… If anyone wants to help, please....... Sincerely, Jeff [cid:f2d6c99c-0808-4900-8afb-44cbfcd767ec]

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REMINDER | SubPro IRT Meeting #106 | 23 January 2025, 19:00-20:00 UTC
by Next Round Policy Implementation Jan. 23, 2025

Jan. 23, 2025

Dear All, Meeting #106 of the SubPro IRT will be held in one hour on 23 January 2025 at 19:00-20:00 UTC [local time [tinyurl.com]<https://urldefense.com/v3/__https:/tinyurl.com/3nndkxku__;!!PtGJab4!5RmXIiB…>]. The agenda can be consulted here<https://community.icann.org/x/HQDTGg>. 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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REMINDER | SubPro IRT Meeting #106 | 23 January 2025, 19:00-20:00 UTC
by Next Round Policy Implementation Jan. 22, 2025

Jan. 22, 2025

Dear All, Meeting #106 of the SubPro IRT will be held on 23 January 2025 at 19:00-20:00 UTC [local time [tinyurl.com]<https://urldefense.com/v3/__https:/tinyurl.com/3nndkxku__;!!PtGJab4!5RmXIiB…>]. The agenda can be consulted here<https://community.icann.org/x/HQDTGg>. 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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Post call | SubPro IRT Meetings #105 | 21 January 2025
by Next Round Policy Implementation Jan. 21, 2025

Jan. 21, 2025

Dear All, The recording for Meeting #105 of the SubPro IRT held on Tuesday, 21 January 2025 at 13:00-14:30 UTC are published on the meeting wiki page<https://community.icann.org/x/KABCGQ> These include: * Audio recording * Zoom recording (including audio, visual, rough transcript, chat) * Attendance 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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REMINDER | SubPro IRT Meeting #105 | 21 January 2025, 13:00-14:30 UTC
by Next Round Policy Implementation Jan. 21, 2025

Jan. 21, 2025

Dear All, Meeting #105 of the SubPro IRT will be held in one hour on 21 January 2025 at 13:00-14:30 UTC [local time [tinyurl.com]<https://urldefense.com/v3/__https:/tinyurl.com/bdzh8x5c__;!!PtGJab4!-ZVFNuG…>]. The agenda can be consulted here<https://community.icann.org/x/KABCGQ>. 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 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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