Becky,

What would happen if Spec 12 in a contract contains an outside reference to policies ? Like in “Follow all policies published at nic.TLD”, and then the policies there contain content-related policies ?



Rubens


Em 28 de out. de 2024, à(s) 20:28, Becky Burr via SubPro-IRT <subpro-irt@icann.org> escreveu:

I want to make sure we are clear - the no-content in RVC policy does not dictate community (or other application) registration policies - the only question is whether or not ICANN can enforce them, and that dictates whether or not they are in the contract - NOT whether they can exist


J. Beckwith Burr
HWG LLP
1919 M Street NW, The Eighth Floor
Washington DC 20036

From: Anne ICANN via SubPro-IRT <subpro-irt@icann.org>
Sent: Monday, October 28, 2024 12:12 PM
To: Jared Erwin <jared.erwin@icann.org>
Cc: subpro-irt@icann.org <subpro-irt@icann.org>
Subject: [SubPro-IRT] Re: Responses to Questions re: Community Commitments vs. RVCs vs. CPE
 
Thanks Jared.  This is very helpful.  I think my question in our last session was focused on advising community applicants IN ADVANCE that all "Registration Policies" will be evaluated as RVCs.  Some on the call seemed to think this was not the case, but I think your email confirms that this is in fact, true.    So TRUE or FALSE:  All Community Applicant Registration Policies will be evaluated as RVCs.

And if a Registration Policy fails the RVC test, is there any effect in Community Priority Evaluation if that process has already commenced?  Or are we saying Registration Policies passing the RVC evaluation criteria is a prerequisite to eligibility for CPE?

I'm happy that others (e.g. Justine, Cheryl, and Avri) seem to understand the interrelationships here much better than I do, but I don't think the entire IRT has a high level of experience with Community Applications so I appreciate your taking the time to clarify the proposed Implementation.  My main concern is making sure Community Applicants know what is expected of them and what the process will be.

Thank you,
Anne


Anne Aikman-Scalese
GNSO Councilor
NomCom Non-Voting 2022-2026


On Thu, Oct 24, 2024 at 9:14 AM Jared Erwin via SubPro-IRT <subpro-irt@icann.org> wrote:
Dear IRT members, 
 
In follow-up to our discussion last week and in preparation for further discussion in a few hours, I have prepared some responses to the questions that came up last week regarding community commitments as it relates to CPE. I’d like to propose that we spend maybe only the first 10 minutes of our discussion on this and then move to a review of the criteria.
 
Thank you,
 
Jared
 
Question(s) from IRT: What is the difference between an RVC and a Community Commitment? Do an applicant's Community Commitments have to be an RVC? Are all Community Commitments evaluated in the same way as RVCs? What are examples of Community Commitments?
 
As set out by the SubPro Final Report, there are different types of gTLDs. A “community” gTLD string is a specific type of application, and, if delegated, the gTLD is differentiated from a generic gTLD by having a Specification 12. Community commitments are required by every community applicant (regardless of contention status), which are enshrined in Spec 12. It is not necessarily true that they would be part of Spec 11 (for RVCs) but could be depending on the applicant's choice and/or any objections/GAC advice.  
 
The draft AGB text on PICs/RVCs notes that the community registration policies must be evaluated and meet the same criteria as those that will be applied to the evaluation of RVCs. However, there are some key distinctions between “community commitments”, RVCs, and the Community Priority Evaluation (CPE) criteria.  When an applicant designates its application as “community” the applicant will be asked to answer a series of additional questions that are specific to community gTLD applications and will be used to evaluate the application against the CPE criteria. These questions will cover the following areas:

·         Criterion 1: Community Establishment
·         Criterion 2: Nexus
·         Criterion 3: Registration Policies
·         Criterion 4: Community Endorsement
 
The “community commitments” that will be evaluated using the “RVC evaluation criteria” are the “community registration policies” that are called for in Criterion 3 above. The current draft AGB PICs/RVCs text is proposing to evaluate these registrations policies related to Criterion 3 against the RVC criteria and NOT the information provided for Criteria 1, 2, and 4, because registration policies are the only “commitments” that will result in binding additional commitments in the applicable RA. The other criteria require the applicant to demonstrate, at the time of application, the existence of a community, the string’s nexus to the community, and endorsement of the community, but this type of information would not be expected to result in ongoing, enforceable commitments in the applicable RA. 
 
To summarize, registration policies proposed by applicants for community gTLDs will be evaluated using the criteria developed for the evaluation of registry voluntary commitments. These community registration policies could look very similar to commitments proposed as RVCs by non-community applicants, but they will live in Specification 12 because the applied-for gTLD is a community gTLD. 
 
ICANN is preparing guidelines and questions to assist applicants in their preparation of RVCs.
 
 
 
-- 
 
Jared Erwin
Director, New gTLD Program
Global Domains & Strategy
Internet Corporation for Assigned Names and Numbers (ICANN)
 
 
 
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