Updated Draft AGB Section on Code of Conduct / Conflict of Interest
Dear IRT Members, Following some internal discussion, as well as the public comment period from earlier this year, we have made some further updates to the AGB section on Code of Conduct/Conflict of Interest Guidelines. Please see here: https://docs.google.com/document/d/1qSKaVs4Xl_Es5qkDx7qUQfPXm7-Pmb9n_7Opo0m9.... The changes in this draft are mostly to terminology. I’ve also marked the areas with a comment where updates have been made related to input received via public comment. We will discuss this tomorrow, 8 August 2024, at 19 UTC. Thank you Jared -- Jared Erwin Director, New gTLD Program Global Domains & Strategy Internet Corporation for Assigned Names and Numbers (ICANN) jared.erwin@icann.org<mailto:jared.erwin@icann.org>
Dear IRT Members, Here is also the Conflict of Interest Process section to accompany the Guidelines. Similar changes were made to this section. See here: https://docs.google.com/document/d/1ug8YagceZoCopH8KBjoajBYy8De8N3pj5x1l3JrS... I’m also pasting below the overview of changes made to the Guidelines based on PC. Thank you Jared Area Input Received Language updated? Y/N If YES, what will the changes be? If NO, why? (rationale) CoC & COI: Agreement in writing to comply with the guidelines ALAC: Please include in section 1.1.1.7 Affirmation, that all Vendors shall certify in writing that they have not only read and understand the Code of Conduct and Conflict of Interest Guidelines but also agree to comply with the Guidelines. This is to establish consistency with Conflicts of Interest Process for Vendors and Subcontractors item 9 on page 2 which refers to ‘Vendors being required to contractually comply with and document acknowledgement that they understand ICANN’s Conflict of Interest policies and guidelines established in Section [ ] of the AGB.’ We see both parts as complementary, and aimed at fulfilling SubPro Recommendation 8.1. Yes ICANN org has made updates to the text based on the suggestions in this comment. CoC & COI: Soliciting Feedback Timileyin Adisa: it does not solicit feedback. This can be done by vendors encouraging customers to provide feedback on their experiences with services. Vendors should actively listen to their concerns and take appropriate action to address any instances of bias or discrimination. No ICANN org notes that this comment proposes that Vendors (i.e., third parties contracted by ICANN) solicit feedback from their customers on the services provided. ICANN would like to note that it already has procedures in place for individuals to provide feedback, input or note questions or concerns, such as via its Global Support Center. As such, ICANN org has not made any updates based on this comment. CoC & COI: Transparency Reporting Requirements RySG: While the proposed language is consistent with the relevant recommendation, the RySG suggests that the IRT consider incorporating transparency reporting requirements in the event that a new gTLD application has to be re-assigned to a secondary evaluator. Additionally, the RySG requests that the IRT make clear, either in this section of the AGB or elsewhere, whether the Guidelines included in section 2.1 of this draft also apply to the Codes of Conduct for Applicants and Registry Services Providers. Yes ICANN org understands this comment to be a request for transparency reporting requirements to be flowed down to a secondary evaluator. However, ICANN org notes that the proposed language includes the following statement: AGB COI section: 2. Conflict of Interest Guidelines for Vendors states that: “Where possible, ICANN will identify and secure primary and backup providers for evaluation and dispute resolution. In conjunction with the Vendors, ICANN will identify conflicts and re-assign applications as appropriate to secondary or contingent third-party providers to perform the reviews.” Accordingly, ICANN org believes that this statement covers transparency requirements as it relates to secondary evaluators and has not made any updates based on this comment. Additionally, ICANN org understands this comment to request clarification as to whether the Guidelines in Section 2.1 apply to RSPs and applicants. ICANN org has made updates to the text based on the suggestions in this comment. From: Jared Erwin <jared.erwin@icann.org> Date: Wednesday, August 7, 2024 at 7:56 PM To: "subpro-irt@icann.org" <subpro-irt@icann.org> Subject: Updated Draft AGB Section on Code of Conduct / Conflict of Interest Dear IRT Members, Following some internal discussion, as well as the public comment period from earlier this year, we have made some further updates to the AGB section on Code of Conduct/Conflict of Interest Guidelines. Please see here: https://docs.google.com/document/d/1qSKaVs4Xl_Es5qkDx7qUQfPXm7-Pmb9n_7Opo0m9.... The changes in this draft are mostly to terminology. I’ve also marked the areas with a comment where updates have been made related to input received via public comment. We will discuss this tomorrow, 8 August 2024, at 19 UTC. Thank you Jared -- Jared Erwin Director, New gTLD Program Global Domains & Strategy Internet Corporation for Assigned Names and Numbers (ICANN) jared.erwin@icann.org<mailto:jared.erwin@icann.org>
Dear IRT Members As mentioned on our call today, I wanted to provide the link to the PC analysis/rationale for (non)changes. It was discussed on 14 May 2024. * Wiki page here: https://community.icann.org/pages/viewpage.action?pageId=324108423. * See the slide deck with analysis here: https://community.icann.org/pages/viewpage.action?pageId=324108423&preview=/.... The wiki page for today’s call<https://community.icann.org/pages/viewpage.action?pageId=351404107> will also be updated with the deck by tomorrow, which will include slides related to Topic 8. We will continue to discuss how/where we can have a repository with comments and any changes based on those. Thank you, Jared From: Jared Erwin <jared.erwin@icann.org> Date: Thursday, August 8, 2024 at 8:16 AM To: "subpro-irt@icann.org" <subpro-irt@icann.org> Subject: Re: Updated Draft AGB Section on Code of Conduct / Conflict of Interest Dear IRT Members, Here is also the Conflict of Interest Process section to accompany the Guidelines. Similar changes were made to this section. See here: https://docs.google.com/document/d/1ug8YagceZoCopH8KBjoajBYy8De8N3pj5x1l3JrS... I’m also pasting below the overview of changes made to the Guidelines based on PC. Thank you Jared Area Input Received Language updated? Y/N If YES, what will the changes be? If NO, why? (rationale) CoC & COI: Agreement in writing to comply with the guidelines ALAC: Please include in section 1.1.1.7 Affirmation, that all Vendors shall certify in writing that they have not only read and understand the Code of Conduct and Conflict of Interest Guidelines but also agree to comply with the Guidelines. This is to establish consistency with Conflicts of Interest Process for Vendors and Subcontractors item 9 on page 2 which refers to ‘Vendors being required to contractually comply with and document acknowledgement that they understand ICANN’s Conflict of Interest policies and guidelines established in Section [ ] of the AGB.’ We see both parts as complementary, and aimed at fulfilling SubPro Recommendation 8.1. Yes ICANN org has made updates to the text based on the suggestions in this comment. CoC & COI: Soliciting Feedback Timileyin Adisa: it does not solicit feedback. This can be done by vendors encouraging customers to provide feedback on their experiences with services. Vendors should actively listen to their concerns and take appropriate action to address any instances of bias or discrimination. No ICANN org notes that this comment proposes that Vendors (i.e., third parties contracted by ICANN) solicit feedback from their customers on the services provided. ICANN would like to note that it already has procedures in place for individuals to provide feedback, input or note questions or concerns, such as via its Global Support Center. As such, ICANN org has not made any updates based on this comment. CoC & COI: Transparency Reporting Requirements RySG: While the proposed language is consistent with the relevant recommendation, the RySG suggests that the IRT consider incorporating transparency reporting requirements in the event that a new gTLD application has to be re-assigned to a secondary evaluator. Additionally, the RySG requests that the IRT make clear, either in this section of the AGB or elsewhere, whether the Guidelines included in section 2.1 of this draft also apply to the Codes of Conduct for Applicants and Registry Services Providers. Yes ICANN org understands this comment to be a request for transparency reporting requirements to be flowed down to a secondary evaluator. However, ICANN org notes that the proposed language includes the following statement: AGB COI section: 2. Conflict of Interest Guidelines for Vendors states that: “Where possible, ICANN will identify and secure primary and backup providers for evaluation and dispute resolution. In conjunction with the Vendors, ICANN will identify conflicts and re-assign applications as appropriate to secondary or contingent third-party providers to perform the reviews.” Accordingly, ICANN org believes that this statement covers transparency requirements as it relates to secondary evaluators and has not made any updates based on this comment. Additionally, ICANN org understands this comment to request clarification as to whether the Guidelines in Section 2.1 apply to RSPs and applicants. ICANN org has made updates to the text based on the suggestions in this comment. From: Jared Erwin <jared.erwin@icann.org> Date: Wednesday, August 7, 2024 at 7:56 PM To: "subpro-irt@icann.org" <subpro-irt@icann.org> Subject: Updated Draft AGB Section on Code of Conduct / Conflict of Interest Dear IRT Members, Following some internal discussion, as well as the public comment period from earlier this year, we have made some further updates to the AGB section on Code of Conduct/Conflict of Interest Guidelines. Please see here: https://docs.google.com/document/d/1qSKaVs4Xl_Es5qkDx7qUQfPXm7-Pmb9n_7Opo0m9.... The changes in this draft are mostly to terminology. I’ve also marked the areas with a comment where updates have been made related to input received via public comment. We will discuss this tomorrow, 8 August 2024, at 19 UTC. Thank you Jared -- Jared Erwin Director, New gTLD Program Global Domains & Strategy Internet Corporation for Assigned Names and Numbers (ICANN) jared.erwin@icann.org<mailto:jared.erwin@icann.org>
Dear IRT Members, Following our discussion on 8 August 2024 re: Topic 8, I have made updates to the two documents, which are now available on the google drive as well as the wiki (links below). As you may recall, we discussed changing “vendor/the parties” to “Service Providers”, and I have made that change globally. Please review and let me know of any questions. If no further comments/suggestions, we will consider this draft complete, pending the final public comment on the entire AGB. Thank you! Jared Google Drive: · Guidelines: https://docs.google.com/document/d/1ufi3lSgBqtflxi_4i2UCbrgwh19vYd4eME1mOcdM... · Process: https://docs.google.com/document/d/1AfN2tInuRVsHRdoGaHH5STPlP58Vq-LbolUZmR5A... Wiki: https://community.icann.org/display/SPIR/1.+Working+Documents From: Jared Erwin <jared.erwin@icann.org> Date: Wednesday, August 7, 2024 at 7:56 PM To: "subpro-irt@icann.org" <subpro-irt@icann.org> Subject: Updated Draft AGB Section on Code of Conduct / Conflict of Interest Dear IRT Members, Following some internal discussion, as well as the public comment period from earlier this year, we have made some further updates to the AGB section on Code of Conduct/Conflict of Interest Guidelines. Please see here: https://docs.google.com/document/d/1qSKaVs4Xl_Es5qkDx7qUQfPXm7-Pmb9n_7Opo0m9.... The changes in this draft are mostly to terminology. I’ve also marked the areas with a comment where updates have been made related to input received via public comment. We will discuss this tomorrow, 8 August 2024, at 19 UTC. Thank you Jared -- Jared Erwin Director, New gTLD Program Global Domains & Strategy Internet Corporation for Assigned Names and Numbers (ICANN) jared.erwin@icann.org<mailto:jared.erwin@icann.org>
participants (1)
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Jared Erwin