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FINAL DRAFT VERSION TO BE VOTED UPON BY THE ALAC

The ALAC notes the release of this Issue Report (IR) which was prepared “pursuant to a Resolution during a Special Meeting of the ICANN Board of 8 November 2012”.  We are unanimous in agreement with the issues identified in the report as germane for crafting an acceptable community solution to gTLD Directory Services, popularly referred as the WHOIS problem.  However, we believe that the timeline proposed for community consideration of the report runs counter to the plain terms of the Board resolution.

The rationale for the specific Board Resolution laid out “a two-pronged” approach: http://www.icann.org/en/groups/board/documents/resolutions-08nov12-en.htm  “

1. Directing the President and CEO to continue to fully enforce existing consensus policy and contractual conditions as well as to increase efforts to communicate, conduct outreach on, and ensure compliance with such existing policy and conditions.
2. Directing the President and CEO to launch a new effort focused on the purpose and provision of gTLD directory services, to serve as the foundation of an upcoming Board-initiated gNSO PDP. The outcomes of this work should act as guidance to the Issue Report that will be presented as part of the GNSO's policy development work; as a result, the Issues Report is not expected to be produced until such time as the President and CEO determines that his work has progressed to a point that it can serve as a basis of work within the PDP.”

The ‘new effort’ identified above – and a critical component of second leg of the Board-initiated approach - is the gTLD Registration Data Services Expert Working Group (EWG).  By virtue of the plain terms of the Board resolution and since there is no indication that the EWG “has progressed to a point that it can serve as a basis of work within the PDP”, we believe this IR, even while stamped ‘preliminary’, may be premature. More directly, it could serve to undermine the process the Board has outlined in progressing resolution of the gTLD Data Directory Service issues. The ALAC urges caution on all parties, recommend the IR be re-called and re-issued at a later date and reflecting the benefits that may be accrued from the output of the EWG.  final draft version to be voted upon by the ALAC will be placed here before the vote is to begin.

FIRST DRAFT SUBMITTED by Carlton Samuels after consultations with Alan Greenberg

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