ALAC: Advice to the ICANN Board on Subsequent Procedures (R-07)

Date IssuedDocumentReference IDCurrent Phase

 

ALAC: Advice to the ICANN Board on Subsequent Procedures (R-07)AL-ALAC-ST-0421-02-01-EN (R-07)

CLOSED



  1. Phase 1 Receive
  2. Phase 2 Understand
  3. Phase 3 Evaluate
  4. Phase 4 Implement
  5. Phase 5 Close
  6. Closed


DESCRIPTION

In the present absence of consensus policy recommendations by SubPro WG with respect to Closed Generics, the ALAC advises the ICANN Board to direct ICANN Org to suspend any processing or acceptance of any applications for Closed Generics until such time consensus policy is adopted on how to address applications for Closed Generics which serve a global public interest.


DEPENDENCIES

Progress pending the New gTLD Subsequent Procedures Final Report.


STATUS UPDATES

DatePhaseTypeStatus Updates

 

ClosedPhase ChangeThis Advice Item is now Closed

 

Phase 2Board UpdateA letter (https://www.icann.org/en/system/files/correspondence/sinha-to-zuck-22may23-en.pdf) was sent to the RSSAC regarding the At-Large Advisory Committee (ALAC) Advice to the ICANN Board on the Subsequent Procedures (SubPro) Policy Development Process (PDP) Recommendations. Following the adoption of the Resolution and with the considerations described below, the Board believes that there is no further action required to address those aspects of the ALAC’s Advice relating to the Board’s decision on the Final Report, as these have already been taken One World, One Internet icann.org into account during its deliberations. Therefore, the Board regards these Advice items to have been fully considered.

 

Phase 2Phase UpdateThe ICANN Board and Org are currently reviewing and considering this advice. In December 2022, ICANN org delivered the New gTLD Subsequent Procedures Operational Assessment to the Board, which identified the ALAC's advice as an item that may need a decision or action be taken before the next round is to proceed. On 16 March 2023, the Board adopted 98 recommendations contained in the New Generic Top-Level Domain (gTLD) Subsequent Procedures (SubPro) Policy Development Process Final Report (Final Report). The Board's 16 March 2023 resolution acknowledged the ALAC's contributions on the Final Report, which was used to inform the Board's deliberations on the Final Report recommendations. The Board continues to review and consider the ALAC advice to determine whether there are actionable items that may require Board action now that the Board has taken action on a substantial number of SubPro policy recommendations. The Board anticipates that this exercise will be completed in the first half of 2023 and that a response to the advice would come before the Board takes action on the remaining SubPro policy recommendations.

 

Phase 2Phase UpdateAs noted at the joint Board-ALAC session at ICANN75, the Board greatly appreciates the ALAC's responses to the Board's questions. The Board continues to review and consider the ALAC advice, to determine whether, in addition to informing the Board’s deliberations, there are actionable items that may require Board action before (or after) the Board takes action on the SubPro policy recommendations. The Board anticipates that this exercise will be completed in the first half of 2023 and that a response to the advice would come at the time of action on the SubPro Final Report – or shortly thereafter.

 

Phase 2AP FeedbackFirst of all, the ALAC takes the position that Closed Generics are not allowed as the status quo. It is on that basis that we advised for the continued suspension of any processing or acceptance of any applications for Closed Generics until there is clear consensus on how they could be allowed, if at all. The ALAC also notes that parts of the ICANN community share this position. Given that the Board continues to remind the community that it accedes to a community consensus policy process, we do not at this point see an alternative solution to addressing the question of permissibility of Closed Generics. Perhaps the Board’s suggested approach for dealing with RVCs - and in using of the Board’s Global Public Interest Framework on Commitment a.iv, Core value b.ii, and Core value b.vi, and also with reference to GAC Consensus Advice - could be applied to devising a solution. In any event, the ALAC believes the definition of “global public interest” needs to be objective, as does any threshold of “serving a global public interest”.

 

Phase 2Clarifying QuestionThe Board would like to clarify two things: firstly, whether the ALAC believes a consensus policy process is the only solution in addressing closed generics, and secondly, the ALAC’s understanding of how to define “global public interest” and how these strings may meet the threshold of “serving a global public interest”.

 

Phase 2Phase ChangeNow Phase 2

 

Phase 1Phase UpdateAcknowledgment sent to ALAC.

 

Phase 1Phase UpdateALAC published AL-ALAC-ST-0421-02-01-EN: Advice to the ICANN Board on Subsequent Procedures: https://atlarge.icann.org/advice_statements/13823.