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Re: [gnso-policyimpl-dt] RE: The agenda

  • To: "Gomes, Chuck" <cgomes@xxxxxxxxxxxx>
  • Subject: Re: [gnso-policyimpl-dt] RE: The agenda
  • From: "Mike O'Connor" <mike@xxxxxxxxxx>
  • Date: Mon, 17 Jun 2013 15:55:42 -0500

me too.

m

On Jun 17, 2013, at 3:53 PM, "Gomes, Chuck" <cgomes@xxxxxxxxxxxx> wrote:

> I am fine with that.
>  
> Chuck
>  
> From: Shatan, Gregory S. [mailto:GShatan@xxxxxxxxxxxxx] 
> Sent: Monday, June 17, 2013 3:14 PM
> To: Gomes, Chuck; 'eduardodiazrivera@xxxxxxxxx'
> Cc: 'jordyn@xxxxxxxxxx'; 'h.raiche@xxxxxxxxxxxxxxxx'; 
> 'gnso-policyimpl-dt@xxxxxxxxx'; 'marika.konings@xxxxxxxxx'
> Subject: Re: [gnso-policyimpl-dt] RE: The agenda
>  
> I tend to disagree, to a point. I think the WG needs to be asked to consider 
> what policy and implementation mean. I do agree that this task should not 
> define the success of the WG; but they need to grapple with the issue. 
> -------------------------- 
> Sent from my BlackBerry Wireless Device 
> 
>  
> From: Gomes, Chuck [mailto:cgomes@xxxxxxxxxxxx] 
> Sent: Monday, June 17, 2013 01:30 PM Eastern Standard Time
> To: Eduardo Diaz <eduardodiazrivera@xxxxxxxxx>; Shatan, Gregory S. 
> Cc: Jordyn Buchanan <jordyn@xxxxxxxxxx>; h.raiche@xxxxxxxxxxxxxxxx 
> <h.raiche@xxxxxxxxxxxxxxxx>; gnso-policyimpl-dt@xxxxxxxxx 
> <gnso-policyimpl-dt@xxxxxxxxx>;marika.konings@xxxxxxxxx 
> <marika.konings@xxxxxxxxx> 
> Subject: RE: [gnso-policyimpl-dt] RE: The agenda 
>  
> I agree with Jordan on this.  First of all, it is not the DT’s task to define 
> policy or implementation.  Second, if we require the WG to do that, that 
> might doom the WG to failure.  As staff pointed out very well in the 
> Framework paper, it will likely be very hard to draw a bright line between 
> policy and implementation.  I don’t have any problem with the WG spending a 
> little time on this but I think it should be limited.  My personal guess is 
> that the best that may be achievable will be some guidelines rather than 
> clear definitions.  It would be a shame if the work got bogged down in trying 
> to agree on clear definitions and the work of developing  improvement 
> recommendations to processes to deal with policy and implementation was 
> neglected.
>  
> Chuck
>  
> From: Eduardo Diaz [mailto:eduardodiazrivera@xxxxxxxxx] 
> Sent: Monday, June 17, 2013 11:44 AM
> To: Shatan, Gregory S.
> Cc: Gomes, Chuck; Jordyn Buchanan; h.raiche@xxxxxxxxxxxxxxxx; 
> gnso-policyimpl-dt@xxxxxxxxx; marika.konings@xxxxxxxxx
> Subject: Re: [gnso-policyimpl-dt] RE: The agenda
>  
> Does it make sense to say that as part of the final charter we add the fact 
> that the WG define those terms as part of their work? Or do we as a group 
> need to do that before hand?
>  
> -ed
>  
> 
> On Mon, Jun 17, 2013 at 11:37 AM, Shatan, Gregory S. <GShatan@xxxxxxxxxxxxx> 
> wrote:
> 
> In order to come to decisions on whether an action is policy or 
> implementation, there need to be shared definitions of these terms.  
> Otherwise, we are in Alice in Wonderland territory.  The WG needs to provide 
> clarity to these terms to inform future decisions.
> 
> Greg
> 
> -----Original Message-----
> From: Gomes, Chuck [mailto:cgomes@xxxxxxxxxxxx]
> Sent: Monday, June 17, 2013 9:34 AM
> To: Shatan, Gregory S.; 'Jordyn Buchanan'
> Cc: h.raiche@xxxxxxxxxxxxxxxx; gnso-policyimpl-dt@xxxxxxxxx; 
> marika.konings@xxxxxxxxx
> Subject: RE: [gnso-policyimpl-dt] RE: The agenda
> 
> I think the dialog between Greg and Jordyn has been very constructive so I 
> won't get into that except on one point below.  I don't think anyone is 
> suggesting that " the GNSO Council should have the unilateral power to 
> determine whether an action is policy or implementation".  The Bylaws always 
> give the Board the final say.  But the Bylaws also assign the task of policy 
> work for gTLDs to the GNSO so it seems only reasonable to me that the GNSO 
> must be involved in any decisions about " whether an action is policy or 
> implementation ".  All some of us are saying is that the GNSO must be 
> involved in those decisions, not that it has final say.  And when the staff 
> or Board or both disagree with the GNSO, there should be some interaction 
> with the GNSO in that regard, not unlike what is required with the GAC.
> 
> Chuck
> 
> -----Original Message-----
> From: owner-gnso-policyimpl-dt@xxxxxxxxx 
> [mailto:owner-gnso-policyimpl-dt@xxxxxxxxx] On Behalf Of Shatan, Gregory S.
> Sent: Monday, June 17, 2013 1:12 AM
> To: 'Jordyn Buchanan'
> Cc: h.raiche@xxxxxxxxxxxxxxxx; gnso-policyimpl-dt@xxxxxxxxx; 
> marika.konings@xxxxxxxxx
> Subject: RE: [gnso-policyimpl-dt] RE: The agenda
> 
> 
> I'm not too concerned with the bounds of GNSO power generally.  I am 
> concerned with the idea that the GNSO Council should have the unilateral 
> power to determine whether an action is policy or implementation -- and more 
> particularly whether an action is a change to an existing policy or merely 
> implementation of that policy.  I do agree that the more detailed the outcome 
> of a PDP is, the less latitude there is in the choices to be made when 
> implementing that policy.  No WG can anticipate all the decisions that will 
> come in implementation, but a WG that provides only high level policy advice 
> and a GNSO that adopts only high level policy advice is leaving more of the 
> "blocking and tackling" to those implementing the policy.  A WG (and then the 
> Council) can always decide to be more granular and leave less latitude to the 
> implementers -- but greater levels of detail can be difficult to achieve in 
> the WG context.
> 
> The recent "policy vs. implementation" issues that have arisen did not come 
> when the Council was specifying policy recommendations.  Rather, they came 
> later on, when actions that some would say were changes or extensions to the 
> implementation of a policy and others would say were changes to the policy 
> itself were controversial.  I think that one of the tasks of the WG has to be 
> providing guidance on how to distinguish "policy vs. implementation" in that 
> context.  Far from being a rat-hole, I thinking is the crux of what the WG 
> needs to deal with.
> 
> Greg
> 
> -----Original Message-----
> From: Jordyn Buchanan [mailto:jordyn@xxxxxxxxxx]
> Sent: Sunday, June 16, 2013 2:20 PM
> To: Shatan, Gregory S.
> Cc: h.raiche@xxxxxxxxxxxxxxxx; gnso-policyimpl-dt@xxxxxxxxx; 
> marika.konings@xxxxxxxxx
> Subject: Re: [gnso-policyimpl-dt] RE: The agenda
> 
> Ugh, fixing a typo in the To: line (respond to this message instead of the 
> last one to avoid e-mailing a non-existent address).
> 
> Jordyn
> 
> On Sun, Jun 16, 2013 at 2:15 PM, Jordyn Buchanan <jordyn@xxxxxxxxxx> wrote:
> > Hi Greg:
> >
> > I'm a little concerned we're about to go down the rathole that I just
> > suggested I'd like to avoid, but let me be a bit clearer.  There's
> > obviously bounds on the powers of the GNSO--one obvious example is
> > that the "picket fence" limits the applicability of consensus policies
> > to existing registry and registrar contracts.  Similarly, the GNSO
> > can't create policies about ccTLDs or addresses.  But the bounds on
> > the power of the GNSO are almost entirely uninteresting to the policy
> > v. implementation debate, because implementation is simply the
> > application of the adopted policy.  Something that isn't within the
> > powers of GNSO to adopt as policy doesn't become acceptable once we
> > move on to actually implementing the thing.  So my point is that, when
> > correctly acting within the proper scope of its policy remit, the
> > Council itself draws much of the line between policy and
> > implementation by choosing how they specify a policy.
> >
> > Back to topics that are actually within our remit as a drafting team:
> > although I personally agree with you that a lighter weight process for
> > non-Consensus-Policy would be a useful I don't think we want to force
> > the WG to come up with something like that--the objective that Chuck
> > and I suggested was just to identify what the process for
> > non-Consensus-Policy should look like rather than expecting that it
> > ought to be different than the PDP.
> >
> > Jordyn
> >
> > On Sun, Jun 16, 2013 at 12:46 PM, Shatan, Gregory S.
> > <GShatan@xxxxxxxxxxxxx> wrote:
> >> I believe that "policy" absolutely cannot be whatever the GNSO says it is. 
> >>  No entity should be allowed to decide the limits of its own powers.  The 
> >> natural tendency would then be to stretch the definition of policy to its 
> >> outer limits (and then some).  There needs to be an objective, 
> >> transparent, balanced definition of policy.
> >>
> >> I think the WG's work needs to be as rational and informed as possible.  
> >> One thing I think the WG needs to do is a survey of policy/implementation 
> >> definitions/debates in ICANN and beyond (we may have much to learn from 
> >> other organizations that have grappled with this issue).
> >>
> >> I do agree that the GNSO needs something more lightweight and nimble than 
> >> the PDP (or the oxymoronic PDP).  I alsothink it needs to be more 
> >> structured than GNSO Council letter-writing.   Wee should task the WG (if 
> >> within the DT's powers to do so) to make recommendations on such processes.
> >>
> >> Greg
> >> --------------------------
> >> Sent from my BlackBerry Wireless Device
> >>
> >>
> >> ----- Original Message -----
> >> From: Jordyn Buchanan [mailto:jordyn@xxxxxxxxxx]
> >> Sent: Sunday, June 16, 2013 10:33 AM Eastern Standard Time
> >> To: Holly Raiche <h.raiche@xxxxxxxxxxxxxxxx>
> >> Cc: gnso-policyimpl-dt@xxxxxxxxx <gnso-policyimpl-dt@xxxxxxxxx>;
> >> Marika Konings <marika.konings@xxxxxxxxx>
> >> Subject: Re: [gnso-policyimpl-dt] RE: The agenda
> >>
> >>
> >> Although I am more optimistic than most about being able to find
> >> useful dividing lines between policy and implementation*, I also
> >> worry that this discussion could be a real rathole for the working group.
> >> More importantly, I'm not sure it's as interesting a question as it
> >> may seem at first blush.  We need to try to allow more consistent
> >> implementation policies that allow for proper multistakeholder
> >> participation and also encourage more feedback between the
> >> policy-making and implementation processes where appropriate.  I
> >> think if we get this right, the distinction between policy and
> >> implementation starts to matter a lot less--we get in trouble today
> >> because the implementation phase is poorly defined and subject to
> >> pretty unpredictable outcomes/process.  Since on one side we have the
> >> heavyweight structure of the PDP and on the other side we have the
> >> chaos of undefined "implementation", you get people trying to contort
> >> the policy/implementation distinction around which side is more
> >> likely to result in their desired outcomes instead of any real
> >> considered distinction of what the words actually mean.
> >>
> >> I do think it is useful to think about what "policy making" means
> >> when the goal isn't a Consensus Policy, and this is directly
> >> referenced in the doc that Chuck sent around.  Today, it's unclear
> >> how the GNSO goes about creating policy other than in the form of
> >> Consensus Policy; I think it's worth thinking about whether there
> >> should be lighter-weight mechanisms where the intent isn't to affect
> >> contractual obligations, or at the very least how the GNSO goes about
> >> causing these other policies to be created through the PDP.
> >> Similarly, it's important that these policy outcomes be documented so
> >> that there's somewhere for the community as well as ICANN staff to take 
> >> note of them.
> >>
> >> To me, getting all of this right is much more important than figuring
> >> out exactly where the dividing line is between policy and
> >> implementation.  In fact, getting good process in place will probably
> >> make the policy v. implementation debate a lot more tractable.
> >>
> >> Jordyn
> >>
> >> * As Chuck notes, figuring out what is policy may be in scope for the
> >> working group itself, but probably not for us.  Having said that I'll
> >> briefly note that my view is that "policy" is basically whatever the
> >> GNSO Council says it is; there are some limitations on the power of
> >> the GNSO to set policy, but not many and they're more about
> >> "Consensus Policy" in particular and not "policy" in general.
> >>
> >> On Sat, Jun 15, 2013 at 7:18 AM, Holly Raiche <h.raiche@xxxxxxxxxxxxxxxx> 
> >> wrote:
> >>> First,  thanks to both Marika (and ICANN staff) and Chuck for
> >>> getting the WG conversations started.  From the WG template, it is
> >>> clear that our first task is to fill in section II - Mission,
> >>> purpose and Deliverables. And we should start with the Mission.
> >>>
> >>> At this early stage, I think we need to go beyond what Jordyn/Chuck
> >>> have suggested for mission.
> >>>
> >>> Reading the Draft Framework, and comments made during the Beijing
> >>> meeting, we haven't even agreed on what we mean by 'policy'.  As the
> >>> Draft Framework sets out, the term policy can mean anything from a
> >>> formal policy that requires a PDP process all the way to general
> >>> practices, with no attendant process.  Yet in some cases,
> >>> 'operational' policies may well impact on the larger community and should 
> >>> involve that consideration - however informal.
> >>> As the Framework document also points out, the line between what is
> >>> policy (however we define it) and implementation will not be easy to draw.
> >>>
> >>> And other issues have been raised by other commenting parties
> >>> including when comment is sought (too late in the process or not)
> >>> and in what time frame - versus another statement that the actual PDP 
> >>> process can take years.
> >>>
> >>> Yet I do not think we can come up with anything meaningful unless we
> >>> can get a better handle on what we are talking about.  Again, as the
> >>> Framework document notes, all the AC/SOs have a role in policy - so
> >>> we need to start there - what do we mean when we say policy, and how
> >>> do we ensure that all who are impacted by 'policy' are heard in a
> >>> meaningful and timely fashion both when it is developed and when a
> >>> change is considered.  And, of course, its implementation is part of
> >>> that conversation - one that was highlighted in new gTLD issues, but
> >>> as the IPC notes, what is finally produced should be forward looking.
> >>>
> >>> So I look forward to the meeting this coming week
> >>>
> >>> Kind Regards
> >>> Holly Raiche
> >>> h.raiche@xxxxxxxxxxxxxxxx
> >>>
> >>
> >>
> >>                                                                 * * *
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