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 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. 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@jjnsolutions.com>
Date: Tuesday, 28 January 2025 at 09:20
To: Rubens Kuhl <rubensk@nic.br>, Lars Hoffmann <lars.hoffmann@icann.org>, Next Round Policy Implementation via SubPro-IRT <subpro-irt@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).
-
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;
-
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
-
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)
-
Adding new requirements or new policies each registry must implement that were not contemplated prior to the the submission of the application;
-
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.
From: Rubens Kuhl via SubPro-IRT <subpro-irt@icann.org>
Sent: Monday, January 27, 2025 2:05 PM
To: Lars Hoffmann <lars.hoffmann@icann.org>; Next Round Policy Implementation via SubPro-IRT <subpro-irt@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.
Em 27 de jan. de 2025, à(s) 18:47, Lars Hoffmann via SubPro-IRT <subpro-irt@icann.org> escreveu:
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.
<EXT_Material_Impact.pdf>_______________________________________________
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