[gnso-ppsc-pdp] Your input requested - recommendation 7 Creation of the Issues Report

[Marika Konings <marika.konings@xxxxxxxxx>]

For discussion / consideration:


 *   Would the WT like to reassess its position as the review of all phases has 
been completed?
 *   One could consider including in the PDP Rules of Procedure a 
recommendation for the entity requesting the issues report to indicate whether 
there are any specific items they would like to see addressed in the issues 
report which could then be taken into consideration by the Council when 
reviewing the request. In addition, it could be an option for the Council 
and/or Staff could provide advice ahead of a vote on the request for an issues 
report whether they feel additional research, discussion, or outreach should be 
conducted as part of the development of the issues report, in order to ensure a 
balanced and informed Issues Report. These items would then need to be taken 
into account for the timeline for delivery of the Issues Report.
 *   Should this information be in the by-laws or would it be more appropriate 
to include the requirements in the PDP rules of procedure?

________________________________
>From PDP-WT – Draft Conclusions and Recommendations – Updated 11 May

4. Creation of the Issues Report

Recommendation 7.

§  No changes are recommended by the PDP Work Team to the Bylaws at this point. 
However, the group may choose to reassess upon completion of work on all of the 
Phases.

Creation of the Issues Report

Current rules and practices (From the ICANN by-laws)

Within fifteen (15) calendar days after receiving either (i) an instruction 
from the Board; (ii) a properly supported motion from a Council member; or 
(iii) a properly supported motion from an Advisory Committee, the Staff Manager 
will create a report (an "Issue Report"). Each Issue Report shall contain at 
least the following:

    a.             The proposed issue raised for consideration;

    b.             The identity of the party submitting the issue;

    c.             How that party is affected by the issue;

    d.             Support for the issue to initiate the PDP;

    e.        A recommendation from the Staff Manager as to whether the Council 
should initiate the PDP for this issue (the "Staff Recommendation"). Each Staff 
Recommendation shall include the opinion of the ICANN General Counsel regarding 
whether the issue proposed to initiate the PDP is properly within the scope of 
the ICANN policy process and within the scope of the GNSO. In determining 
whether the issue is properly within the scope of the ICANN policy process, the 
General Counsel shall examine whether such issue:

1. is within the scope of ICANN's mission statement;
2. is broadly applicable to multiple situations or organizations;
3. is likely to have lasting value or applicability, albeit with the need for 
occasional updates;
4. will establish a guide or framework for future decision-making; or
5. implicates or affects an existing ICANN policy

Concerns / Questions

4.a          Current requirements for content of an Issues Report are 
pre-defined in the by-laws. Are they still relevant?
4.b          Is an Issues Report still the desired outcome of the planning / 
initiation phase or would a more robust pre-PDP Preparation Report be more 
appropriate?
4.c          Should, where available, positions of stakeholders be included?

PDP WT Response

The PDP WT discussed and reviewed the IETF’s “Bird of a Feather” (BOF) concept 
as a possible precursor to raising an issue and/or the development of an issues 
report. BOF processes typically focus on garnering support for a specific 
charter and the specific work items in a charter. The focus of this initial 
activity is on the issue, not on finding a solution to the issue. In an ICANN 
context, an initial BOF-like process could also focus on the desired or 
required policy approach to address the issue.

4.a          Some indicated that they felt these requirements were still valid, 
but these should not unnecessarily limit the content of an Issues Report.  Some 
would prefer to see two documents created by staff, a short initial issues 
paper and, at the appropriate time, staff-produced recommendations, but they 
also noted that the content of these documents may call for too precise a level 
of detail to be specified in the by-laws. Others suggested that a new template 
could be developed that should be populated with relevant information and a 
checklist for completion, including a proposed timeline.
4.b          A number of suggestions were made such as:
o  The use of the following three steps:
1. Light Issues Brief (3 or so pages) that highlights the following:
• the proposed issue raised for consideration
• the identity of the party submitting the issue and the reasons invoked for 
doing it
• the main dimensions of the issue
2. Recommendation on whether a PDP should be initiated:
• General Counsel comments
• the degree of support for launching a PDP on that issue
• the expected outcome of the PDP (including whether it should be "consensus 
policy", "general policy" or "recommendations / best practices" for instance)
• the main issues to address in the PDP
3. Issues Report
o  The use a Briefing/Scoping White Paper similar to that used by the OECD that 
provides an executive summary of research, information obtained through 
educational workshops prior to creating an Issues Report. This early paper 
could cover a, b and c in the current PDP; Council could then make a “go/no-go 
decision for more in depth Issues Paper which should be put out for public 
comment (this includes also d and e from current PDP).
o  Third party researchers could be used to gather the appropriate information
• May delay process of initiating a PDP but may result in a better 
understanding of the issues and a more efficient use of the PDP process
• Could be used to educate the GAC/other ACs on topics under consideration
• After comment period, Council should then make a decision about going into a 
PDP.
o  Some noted that the creation of a drafting team or BOF should be optional 
and at the Council’s discretion.
o  Consider whether there should be a possibility to ask for other policy work 
other than a PDP

There was, however, overall agreement that a report of some kind, whether 
called an Issues Report or not, should be the desired outcome of the planning 
and initiation phase. In addition, there was overall agreement that 
consideration should be given to the fact that some issues might require more 
information or more research than others.
4.c          Some suggested that opposition should be factored into any 
decision to proceed with policy work. Others suggested that this should be 
considered but in a concise manner and with neutral reporting.