Regarding the box under the POLICY CHANGE path which talks about the ICANN org, the SPIRT, the GNSO Council and the ICANN Board developing temporary solutions at variance with or in exception to existing policy to be applied in the then-current round, we have the following language from page 16 of the Sub Pro Final Report which I believe causes some issues from a procedural standpoint.


"The Predictability Framework is principally: • A framework for analyzing the type/scope/context of an issue and if already known, the proposed or required Program change, to assist in determining the impact of the change and the process/mechanism that should be followed to address the issue. The framework is therefore a tool to help the community understand how an issue should be addressed as opposed to determining what the solution to the issue should be; the framework is not a mechanism to develop policy. The Framework is not intended to identify the solution to an issue but rather, to identify the proper mechanism to reach a solution in a consistent and procedurally sound manner. Therefore, this Framework complements the existing GNSO processes and procedures. It is not intended to be a substitute or replacement for those, nor should the Framework be seen as supplanting the GNSO Council’s decision-making authority.

In this regard, the "develop a solution" language in the rectangular box just below the blue "Policy Change" path box is at variance with the Sub Pro Final Recommendation on the function of the Predictability Framework as described above.

If we want to proceed with the SPIRT process being a place where Temporary Solutions to policy issues are developed, it would likely be best to combine the two boxes under the POLICY CHANGE path so that the Council initiates a policy process for the next round and specifically authorizes the SPIRT to proceed to develop a temporary solution under authority from the Council to do so in any given fact situation.  Not sure what the dotted line to the Council Policy process box means in the case where a policy change is required? 

Thank you,
Anne


Anne Aikman-Scalese
GNSO Councilor
NomCom Non-Voting 2022-2024


On Sun, Jul 7, 2024 at 7:39 AM Anne ICANN <anneicanngnso@gmail.com> wrote:
Thanks Elisa,

I have a question about redline revisions to the Predictability Framework which may also bear on the work we are finalizing in the SPIRT Charter Drafting Team so I am copying the policy staff and the SPIRT team.  (Please note that at Lars' specific request, we are inserting a provision in the SPIRT Charter which states that in the event of a conflict between methodology set out in the Charter and the procedures in the Predictability Framework, the PF procedures will govern.)

The question relates to the redlined box designed to address an issue where new policy is required (far right on the PF Flowchart).  This box now says:

"ICANN org, the GNSO Council, the SPIRT, and the ICANN Board develop a solution in variance of or exception to the policy for the existing round."

This box is separate from the box where Council elects to follow an established procedure, e.g. PDP, EPDP, for developing new policy, so the question is:   What mechanism is contemplated as a policy-making mechanism that applies to this box in relation to the ability for these bodies to develop a policy solution for the existing round?  (I don't recall language in the Final Report that would address this point of developing new policy for the existing round without using an established policy mechanism within the GNSO Operating Procedures.)

Thank you,
Anne

Anne Aikman-Scalese
GNSO Councilor
NomCom Non-Voting 2022-2024


On Thu, Jul 4, 2024 at 3:09 AM Elisa Busetto <elisa.busetto@icann.org> wrote:

Dear All,

 

Please find here the updated version of the Predictability Framework including Jeff’s suggestions. A pdf version is available here.

 

Thank you so much again, Jeff, for your input!

 

Should you have any concerns, please reach out on list.

 

Best regards,

Elisa

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