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[gnso-policyimpl-wg] Attendance and Recording Policy and Implementation WG meeting - 13 August 2014

  • To: "gnso-policyimpl-wg@xxxxxxxxx" <gnso-policyimpl-wg@xxxxxxxxx>
  • Subject: [gnso-policyimpl-wg] Attendance and Recording Policy and Implementation WG meeting - 13 August 2014
  • From: Terri Agnew <terri.agnew@xxxxxxxxx>
  • Date: Thu, 14 Aug 2014 03:00:41 +0000

Dear All,

 

The next Policy and Implementation Working Group teleconference is scheduled
next week on Wednesday 20th August at 19:00 UTC for 1 hour.

 

Please find the MP3 recording for the Policy and Implementation Working
group call held on Wednesday 13 August 2014 at 19:00 UTC at:

 

 <http://audio.icann.org/gnso/gnso-policy-implementation-20140813en.mp3>
http://audio.icann.org/gnso/gnso-policy-implementation-20140813en.mp3

 

On page: 

 <http://gnso.icann.org/en/group-activities/calendar#aug>
http://gnso.icann.org/en/group-activities/calendar#aug

 

The recordings and transcriptions of the calls are posted on the GNSO Master
Calendar page:

 <http://gnso.icann.org/calendar/> http://gnso.icann.org/calendar/

 

Attendees:

Cheryl Langdon-Orr - At-Large

Olevie Kouami - NPOC

Chuck Gomes - RySG

Greg Shatan-IPC

Jonathan Frost-RySG

J Scott Evans - BC

Klaus Stoll-NPOC

Avri Doria-NCSG

Amr Elsadr-NCUC

Alan Greenberg-ALAC 

Michael Graham - IPC

Anne Aikman Scalese - IPC

Wolf-Ulrich Knoben - ISPCP

Stephanie Perrin - NCUC

Tom Barrett - RrSG

 

Apologies:

None

 

ICANN staff:

Marika Konings

Mary Wong

Amy Bivins

Steve Chan

Terri Agnew

 

** Please let me know if your name has been left off the list **

 

 

 Wiki page:  <https://community.icann.org/x/y1V-Ag>
https://community.icann.org/x/y1V-Ag 

 

Thank you.

Kind regards,

Terri Agnew

For GNSO Secretariat

 

Adobe Chat Transcript for Wednesday 13 August

  Terri Agnew:Welcome to the Policy & Implementation Working Group Meeting
of 13 August 2014

  Michael R. Graham:I guess no mic on my side --  I will call in a few
minutes late.

  Terri Agnew:Thank you for letting us know

  Amr Elsadr:Hi Terri. I can hear you, but haven't activated my mic. :)

  Amr Elsadr:I'll be dialling in in a few moments.

  Amr Elsadr:I know I'm a bit early.

  Terri Agnew:@Amr, Thank you for letting me know

  Amr Elsadr:Just joined the call. Hi all.

  Greg Shatan:I've just joined the call as well.  Hello to all.

  Anne Aikman-Scalese:Hi Greg and everyone else.

  Terri Agnew:Olevie Kouami has joined

  Terri Agnew:Avri Doria has joined

  Terri Agnew:Stephanie Perrin has joined

  Mary Wong:As Chuck notes, the Board's resolution has more than one part.
On policy relating to name collision, the GNSO will be consulted for future
rounds. 

  Mary Wong:On the community feedback on rights protection, the Global
Domains Division will lead a community consultation over the next couple of
months.

  Mary Wong:Board resolution text:
https://www.icann.org/resources/board-material/resolutions-new-gtld-2014-07-
30-en#1.a

  Amr Elsadr:Marika touched on something important, which is that a PGP
shouldn't (at least according to this WG's charter) shouldn't be used to
develop consensus policy (policy translating into contractual obligations).

  Mary Wong:@Amr, yes, that's what the chart reflects.

  Avri Doria:interpretation, in its essence, requires policy consideration

  Avri Doria:but interpretaton should not require new policy, and thus not
necessarily require a supermajority.

  Avri Doria:and of oocurse leaving aside the fact of this issue that the
new gTLD recommendations form the GNSO never required RPMs at all.

  Terri Agnew:Tom Barrett has joined

  Anne Aikman-Scalese:Yes  - that is why we are here and if we can address
this, we are helping the organization to be more effective.

  Michael R. Graham:Back.

  Avri Doria:but it is just an example, right, we are not actually rguing
the case.

  Anne Aikman-Scalese:Right Avri - we are just trying to put it through the
systems because answers are needed in the consultancy period of 90 days.

 Avri Doria:in this case any RPM shold have gone back to the GNSO since
there was NEVER a policy from the GNSO recommendaing RPMs.

  Mary Wong:Please note that the RPM issue is not being referred back to the
GNSO.

  Avri Doria:just examples.

  Mary Wong:What is being referred back to the GNSO is the question of
whether a long term policy ought to be developed for future rounds.

  Anne Aikman-Scalese:Yes  - just an example.

  J. Scott:I fundatmentally disagree with Avri.  And this is just another
illustration fo the problem.

  J. Scott:I think the GNSO policy recommendations were very clear that
there should be protections for the rights of others.

  Anne Aikman-Scalese:Mary - I think we said the PGP or PIP could be invoked
by the community even if the ICANN Board does not ask?

  Avri Doria:J. Scott, kind of figured you might, since I was finadamentally
disagreeing with you all.

  J. Scott:That guidance was implemented with RPMs.  Some felt that RPMs
required PDP.  Again, have we resolved this?

  Avri Doria:the hard part is determining what constitues prior policy
decsion.  A gnso recommendation approved by the board as PDP.  A Board
action based on ad-hoc out of band decsion processes

  Avri Doria:or staff actions based on interpetation of Board decsions.

  Anne Aikman-Scalese:I think most of the Charter group are mostly on this
call.  There was also a question about development of this type of process
in the Charter questions.

  Amr Elsadr:I thought the charter asked for a process to "develop gTLD
policy"?

  Amr Elsadr:that is not consensus policy, of course.

  Mary Wong:@Anne, it's not clear at this point how the community
consultation will be carried out or, indeed, the outcomes. It may be that
the community will feel one of the processes we are discussing her might be
an appropriate path to take.

  Jonathan Frost:J.Scott, I'm sorry I'm having a little trouble following;
what guidance was issued with the RPMs?

  Mary Wong:For this particular issue, the RPMs in question were developed
during the implementation phase of the New gTLD Program so that may be an
important consideration in deciding what to do.

  J. Scott:Jonathan:  the GNSO gave about 19 or so policy recommendations.
One was the need to provide for the protection of 3rd party rights.

  J. Scott:the RPMs were the Staff's implementation of this policy guidance.

  Amr Elsadr:@Alan: That was what I would have assumed might be an outcome.
(RE: changing the charter)

  J. Scott:Some people in the community felt that the RPMs themselves were
policy and that a PDP should have been held.

  Amr Elsadr:@Alan: Thanks for the correction. :)

  Avri Doria:J. Scott, but you dont bring out the specific decsion made in
the process that there would be non REQUIRED RPMs. (which we we did not
promote to the final recommendations but which was decison of the PDPD)

  Avri Doria:it was the RPM subgroup of the new gTLD PDP.

  Jonathan Frost:Thanks J.Scott

  Marika Konings:The idea of all this work is also to look ahead - past
efforts may not necessarily fit perfectly in this framework, but the hope is
that some of the flaws that we have seen in the past won't occur again as a
result of improvements on both sides (policy development as well as
implementation)

  Avri Doria:Marika, indeed, what i using the example of is how sommething
that looks like implementtation can really be policy based on its origins.

  Alan Greenberg:My comment was short-hand - if it alters a contract WITHIN
THE PICKET FENCE.

  Cheryl Langdon-Orr 2:indeed Alan that is my understanding 

  Michael R. Graham:My understanding: POLICY = Third party intellectual
property rights should be protected.  IMPLEMENTATION = RPMs developed  If
there had been a continuing IRT of the POLICY, that IRT should have been
able to provide Policy Guidance at the request of concerned consituencies --
this is how I think process we are considering could have assisted.

  Marika Konings:Consensus policies topics are defined in the agreements.
Other requirements may be the result of other discussions (such as
contractual negotiations)

  Avri Doria:Alan, PGP is not just about picket fence issues is it?  i
thought i related to anything that had been handled in a PDP

  Marika Konings:@Anne - the proposed voting threshold for invoking a PGP is
currently the same as for a PDP

  Avri Doria:we did make policy of reserved names.  hence they are  policy.

  Mary Wong:@Avri, Alan was talking about Consensus Policy, I think, which
is developed thru a PDP.

  Marika Konings:@Avri - that is correct, but the PGP (compared to the fast
track PDP) is not able to create new consensus policies.

  Avri Doria:i think once a PDP has occured, topics that were discussed
under the DPD are policy issues.

  Avri Doria:DPD == PDP

  Marika Konings:if a change is needed to the actual policy recommendations,
a fast track PDP could be considered. If further guidance is needed on
policy recommendations, then a PGP would be appropriate.

  Avri Doria:i would think that policy interpretaion, should be on the
faster track. but it still policy.

  Alan Greenberg:@avri, regarding something defato being policy and within
the domain of the GNSO if we have had a pdp. I don't think so. the PDP on
contractual conditions (PDP05?) talked about a lot of things that did not
automatically become things that in the future the GNSO had sole control
over.

  Alan Greenberg:defato = de facto

  Avri Doria:Alan, we may not agree on this point.  I think that once there
is a PDP, the GNSO hace dlecared it relvant policy.  Just becasue other may
usyrp that or feel it is inappropriate, does not change that.

  Alan Greenberg:Won't be the first time we do not agree!  ;-)

  Amr Elsadr:I also always thought PDP = gTLD policy, which is why there is
adifferentation between PDP WGs and non-PDP Wgs.

  Avri Doria:the Board can, and has, decide it knows better, and in its
omnipotence make a polcy decsion that overrules a GNSO policy
recommendation.  that does not mean it is not longer a GNSO policy issue.

  Amr Elsadr:@Avri: +1

  Marika Konings:@Amr - non-PDP WGs may also focus on gTLD related issues,
however, the desired outcome is not new contractual obligations.

  Avri Doria:i agree it should be super majority

  Avri Doria:to decide on a recommendation.

  Jonathan Frost:I think it should be a super majority too; if it is a
simpler process to make rules that have the effect of policy, it should ahve
a higher threshhold to invoke

  Amr Elsadr:@Marika: Of course, but I was specificly referring to gTLD
"policy". Am I mistaken in my understanding of the differentation?

  Mary Wong:@Amr, if it helps, the PGP is not intended to replicate or
substitute for the PDP. Where a PDP is the appropriate vehicle, that is what
shouold be used.

  Avri Doria:we could use the other threshhold, the one we have for so
called out of scope dpds.

  Avri Doria:there are those who dont want to make rethinking pdps quite as
easy as initiating new ones.

  Amr Elsadr:@Mary: Of course. I didn't think that was anyone's intent.

  Mary Wong:@Amr, right - so there will need to be discussion on any
particular topic as to whether the PDP or PGP (or some other process) would
be the appropriate way to deal with the problem. That's what we tried to
capture in the first chart.

  J. Scott:All:

  J. Scott:Great discussion.  Both verbal and chat.  I am going to have to
drop off the call in about 10 minutes.

  J. Scott:thanks Marika

  Cheryl Langdon-Orr:you mean Policy/Implementation Guidance Process  as
just a change of nomenclature @chuck....

  Anne Aikman-Scalese:IMPLEMENT a PIG process

  Alan Greenberg:GGP = GNSO Guidance Process

  Amr Elsadr:@Anne: LOL!!

  Marika Konings:Just to note that this is something we also noted in our
questions: (not necessarily for Deliverable I, but to keep in mind) How do
these processes align with a possible process that would need to be
available during implementation of policy recommendations and that could be
invoked by Implementation Review Teams/GNSO Council in case
policy/implementation issues are identified that need further consideration
by the broader community?

  Avri Doria:PIGP is nice

  Cheryl Langdon-Orr:I can work with PIGP

  Marika Konings:The question is whether this same process would apply to
implementation related issues (for example, flagged by an Implementation
Review Team), or is a modified / different version needed.

  Alan Greenberg:PIGP sohrt for Pig Pen?

  Marika Konings:from the comments so far, most seem to support a similar
process?

  Avri Doria:my favorite Dead drummer

  Avri Doria:pigpen that is.  sorry

  Alan Greenberg:Or undead Peanuts character.

  Jonathan Frost:Since the GSNO is a policy making body, does its mandate
extend to implementation?

  Alan Greenberg:If we feel that voting thresholds need to change, then we
should talk about it.

  Mary Wong:I'll send the document Chuck requested after the call today.

  Cheryl Langdon-Orr:so if that is the case @Chuck. do we also consider
PIIP the other alternative process we are optioning... I.e.  Policy
Implementation Input Process as well?

  J. Scott:I am going to have to sign off.  Thank you everyone for your time
and for the great discussion.

  Avri Doria:no i think of adjucioation as interpretation

  Mary Wong:Note that one of the Deliverable I questions and discussion was
over whether Policy and Implementation lie along a spectrum or are binary -
perhaps that discussion can be helpful here?

  Cheryl Langdon-Orr:my points in earlier meetings was that thresholds
(whatever they are) at each process level. such as  initiation thresholds
being lower etc.,  being easy to know, expect and understand ( in my view
why not the same) threshold,  but at least any specific thresholds wepropse
should not be NEW rather they should aim to be duplicative of one(s) used
and established so as to not increase the complexity and likelihood off
confusion 

  Greg Shatan:I tend to agree with Avri on the point of not making
initiating a PIGP to easy....  Don't want topics sucked up into these
processes that shouldn't be.

  Anne Aikman-Scalese:Could we just call this GNSO Guidance Process - GGP?

  Avri Doria:some of us see them as the ying and yang and that they tension
exsits not only in the macro of policy making, but in the micro of
implementation

  Greg Shatan:On the other hand, I must point that Pigpen played keyboards,
not drums.

  Jonathan Frost:There are two kinds of regulations in US law, interpretive
and legislative;  i think the question implies that ther are two types of
implementations, kinds like the RPMs that are legislative because the policy
gave staff the mandate of coming up with rules, and interpretive
implementation, which is merely trying to follow policy

  Avri Doria:wow greg. you are right.

  Stephanie Perrin: I can explain what I meant if it helps...

  Anne Aikman-Scalese:@STphanie - I think the ICANN Board is the Adjudicator

  tom barrett - EnCirca:adjudication sounds like responding to something in
the off-line world that societies worked out a long time ago.

  Amr Elsadr:@Anne: I would rather avoid the board as an adjudicator.

  tom barrett - EnCirca:@amr  agreed.

  Jonathan Frost:+1 Amr

  tom barrett - EnCirca:ditto for staff

  Anne Aikman-Scalese:@Amr - I see your point but under the By-Laws the
Board actually makes poicy after getting recommendations for all over the
community.

  Stephanie Perrin:i think this helps me, and I do think it is worth making
this explicit.

  Mary Wong:May we (staff) ask that folks be clear on what you mean by
needing an adjudication? That seems to imply a need for resolution when two
or more sides disagree.

  Greg Shatan:A real deadhead would point out that Pigpen played some
percussion (congas) toward the end of his time....

  Jonathan Frost:Thanks for leading us today Chuck

  Cheryl Langdon-Orr:bye,  more next meeting then

  Michael R. Graham:Yes, agree -- we're not ready.

  Avri Doria 2:he played them off boradway in a show i ran follwo spot on.

  Michael R. Graham:But was actually a great pianist!

  Jonathan Frost:What did you do with Avri Doria 1?

  Anne Aikman-Scalese:Thanks so much Chuck and  staff!

  Amr Elsadr:Thanks. Bye.

  tom barrett - EnCirca:bye all

  Avri Doria 2:bye

  Jonathan Frost:Bye

 

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