Date: Wednesday, 30 August 2023

Time: 13:00 - 14:30 UTC  (for the time in various time zones click here


How can I participate in this meeting?

English, French & Spanish Conference ID = 3535 

Zoom Room: https://icann.zoom.us/j/765717566?pwd=UTJCdWRSZVdJNEhOYW02OVBqQVQ1Zz09

Passcode: #CPWG2345*

Real time transcription (RTT) available at: https://www.streamtext.net/player?event=ICANN



Action Items: EN  

Recording: EN, ES, FR

Zoom Recording: EN

Zoom Chat: EN

Transcript: EN, ES, FR


Participants: 

EN: Olivier Crépin-Leblond, Alan Greenberg, Alberto Soto, Alfredo Calderon, Alfredo Lopez, Allan Magezi, Anne-Marie Joly-Bachollet, Amrita Choudhury, Avri Doria, Bill Jouris, Carlos Dionisio Aguirre, Chokri Ben Romdhane, Christopher Wilkinson, David Mackey, Eduardo Tome, Gopal Tadepalli, Gordon Chillcott, Greg Shatan, Hadia Elminiwai, Hanan Khatib, Harold Arcos, Jim Prendergast, John McCormack, Jonathan Zuck, Judith Hellerstein, Justine Chew, Laura Margolis, Lilian Deluque, Lutz Donnerhacke, Michael Palage, Marita Moll, Mouloud Khelif, Narine Khachatryan, Pablo Rodriguez, Raihanath Gbadamassi, Satish Babu, Sebastien Bachollet, Shah Rahman, Sivasubramanian Muthusamy, Steinar Grøtterød, Vernatius Ezeama, Yrjo Lansipuro

ES: Sandra Rodriguez 

FR: Betty Fausta

Apologies: Cheryl Langdon-Orr, Priyatosh Jana, Denise Hochbaum, Claire Craig, Vanda Scartezini, Adrian Schmidt 

Observer: None

Staff: Heidi Ullrich, Berry Cobb, Claudia Ruiz, Michelle DeSmyter

ES Interpreters: David & Veronica

FR: Interpreters: Isabelle & Jacques

Call Management: Michelle DeSmyter



AGENDA. 

Click tabs for languages - Haga clic en pestañas para idiomas - Cliquez sur les onglets pour les langues

    English (EN)

    1. Welcome and Introduction to the Meeting - Staff (2 minutes)

    2. Adoption of Agenda, Review of Action ItemsOlivier Crépin-Leblond (3 minutes)

    3. Workgroup and Small Team Updates (60 minutes)

    Transfer Policy Review Policy Development Process (TPR-PDP) - (20 mins)


    At-Large Workspace

    At-Large Representatives

      • ALAC Appointed Representatives: Steinar Grøtterød, Daniel Nanghaka
      • ALAC Alternates: Raymond Mamattah, Lutz Donnerhacke
      • ALAC Observers: Chokri Ben Romdhane, Hans Bathija, K Mohan Raidu, Sivasubramanian Muthusamy

    Additional Resources

    Expedited Policy Development Process on the Internationalized Domain Names (EPDP-IDNs) - (N/A)

    At-Large Workspace

    At-Large Representatives 

      • ALAC Appointed Representatives: Satish Babu (apology), Hadia Elminiawi, Abdulkarim Oloyede 
      • ALAC Participants: Justine Chew

    Additional Resources


    Registration Data Accuracy (RDA) Scoping Team - (N/A)

    At-Large Workspace

    At-Large Representatives

      • ALAC Appointed Representatives: Alan Greenberg, Michael Palage

    Additional Resources

    Registration Data Request Service (RDRS) - (N/A)

    (formerly System for Standardized Access/Disclosure Operational Design Assessment)

    At-Large Representative

      • ALAC Appointed Representative: Alan Greenberg

    Additional Resources

    Facilitated Dialogue on Closed Generics - (15 minutes)

    At-Large Representative(s)

      • ALAC Appointed Representative: Greg Shatan 
      • ALAC Alternate: Alan Greenberg

    Additional Resources

    Applicant Support GNSO Guidance Process (GGP) - (30 mins) Jonathan Zuck

    GGP Applicant Support Survey Link

    Google Doc: https://docs.google.com/document/d/11f36lFkyAirJAWqQ-Raxhjj1VO8zSTistY4LHIbZ8sI/edit?usp=sharing

    At-Large Workspace

    At-Large Representative(s)

      • ALAC Appointed Representative: Maureen Hilyard
      • ALAC Alternate: Satish Babu

    Additional Resources

    New gTLD Next Round (SubPro) - (15 mins)

    SubPro 38 update - Justine

    At-Large Workspace on SubPro

    At-Large Representative(s)

      • ALAC Appointed Representative: Justine Chew (ALAC appointed representative to the IRT, and liaison to the GNSO)
      • ALAC Alternate: Cheryl Langdon-Orr (ALAC appointed alternate to the IRT)

    Additional Resources

    4. Policy Statement Updates - Hadia Elminiawi and Heidi Ullirich /Claudia Ruiz, drafting team member(s) and all (5 minutes)

    a. Recently Ratified by the ALAC 

    b. Open Public Comments - Summary

    c. Current Statements (ALAC Advice, Public Comment Statement , or Correspondence)

    d. Upcoming Public Comment Proceedings

    NCAP Study 2 Draft Report CPWG

    This Public Comment proceeding is to seek input on the Name Collision Analysis Project (NCAP) Study 2 draft report. The NCAP Discussion Group will consider the results of the Public Comment and produce a final report.


    Technical Check Review CPWG

    For IANA-managed zones, most notably for the root zone, a suite of technical conformance tests are conducted as part of the process of evaluating change requests. IANA expects to conduct a general community consultation on the scope and definition of these tests to inform future evolution of its operational practices. The current tests were defined based on a prior community engagement exercise.


    Pilot Holistic Review Revised Terms of Reference (ToR) OFB-WG

    ATRT3 recommendation 3.5 called for a new Holistic Review. This proceeding is related to one opened on 30 August 2022, seeking community input on the Pilot Holistic Review Revised ToR for the eventual initiation of the Pilot Holistic Review. In response to the diverging views expressed in the previous proceeding, the OEC, on behalf of the Board, reconvened the ToR drafting team to address the comments through revisions to the document.


    ISPCP Constituency Charter Amendments CPWG

    The Internet Service Providers and Connectivity Providers (ISPCP) Constituency recently amended its charter and notified the ICANN organization of its request for approval by the ICANN Board. This Public Comment proceeding seeks input on the proposed amendments of the NPOC charter to inform ICANN Board consideration.


    Draft 2023 African Domain Name System Market Study Report

    This Public Comment proceeding seeks input and feedback from the domain name and Internet community, interested parties and individuals on the draft 2023 African Domain Name System Market Study Report.


    Improved GNSO Stakeholder Group and Constituency Charter Amendment Process CPWG

    The Generic Names Supporting Organization (GNSO) charter revision process has been updated to reflect the continuous evolution of the ICANN community, ongoing implementation of Specific Review recommendations, and the review role of ICANN Board. These improvements will streamline charter revisions and allow GNSO Stakeholder Groups and Constituencies to continue their focus on policy development.

    ICANN and IANA Draft FY25 Plans

    ICANN is seeking the community's input about the Draft ICANN FY25-29 Operating and Financial Plan, Draft ICANN FY25 Operating Plan and Budget, Draft IANA FY25 Operating Plan and Budget via this Public Comment proceeding.


    PTI Draft FY25 Plan

    ICANN is seeking the community's input about the Draft PTI FY25 Operating Plan and Budget via this Public Comment proceeding.

    5. Presentation of Background and Initial ALAC Statement on the ccNSO Proposed Policy for a Specific ccTLD Related Review Mechanism Public Comment - Michael Palage and Lianna Galystan (20 mins )

    6. At-Large Sessions at ICANN78 - Jonathan Zuck, ALAC Chair and Heidi Ullrich, Staff (10 minutes)

    See: ICANN78 - October 2023: Annual General Meeting - Hamburg, Germany I 21-26 October 2023

    a. Discussion of the agenda for the CPWG Overview Session during ICANN78 - Jonathan

    b. ALAC Questions to the Board, GAC, GNSO and SSAC  during ICANN78 - Heidi

    7. Any other business (AOB) - Olivier Crépin-Leblond, Hadia Elminiawi, and all (3 minutes)

    8. Next Meeting - Olivier Crépin-Leblond and staff (2 minutes)

    • CPWG meetings are held weekly on Wednesdays, at rotating times of 13:00 & 19:00 UTC
    • Proposed Next Meeting: Wednesday, 06 September 2023, 20:00 UTC. (this is to avoid conflicting with AFRALO Monthly)

    CPWG Resources

    Español (ES)

    1. Bienvenida e Introducción a la Reunión - Personal (2 minutos)
    2. Adopción de la agenda, revisión de los elementos de acción - Olivier Crépin-Leblond (3 minutos)
    3. Actualizaciones de grupos de trabajo y equipos pequeños (60 minutos)

    Transfer Policy Review Policy Development Process (TPR-PDP) - (20 minutos)

    At-Large Workspace

    At-Large Representatives

      • ALAC Appointed Representatives: Steinar Grøtterød, Daniel Nanghaka
      • ALAC Alternates: Raymond Mamattah, Lutz Donnerhacke
      • ALAC Observers: Chokri Ben Romdhane, Hans Bathija, K Mohan Raidu, Sivasubramanian Muthusamy

    Additional Resources

    Expedited Policy Development Process on the Internationalized Domain Names (EPDP-IDNs) - (N/A)

    At-Large Workspace

    At-Large Representatives 

      • ALAC Appointed Representatives: Satish Babu, Hadia Elminiawi, Abdulkarim Oloyede 
      • ALAC Participants: Justine Chew 

    Additional Resources

    Registration Data Accuracy (RDA) Scoping Team - (N/A)

    At-Large Workspace

    At-Large Representatives

      • ALAC Appointed Representatives: Alan Greenberg, Michael Palage

    Additional Resources

    Registration Data Request Service (RDRS) - (N/A)

    (formerly System for Standardized Access/Disclosure Operational Design Assessment)

    At-Large Representative

      • ALAC Appointed Representative: Alan Greenberg

    Additional Resources

    Facilitated Dialogue on Closed Generics - (15 minutos)

    At-Large Representative(s)

      • ALAC Appointed Representative: Greg Shatan 
      • ALAC Alternate: Alan Greenberg

    Additional Resources

      • GNSO Workspace: not public at this time. To become public once the work of the group is completed.

    Applicant Support GNSO Guidance Process (GGP) - (30 minutos) Jonathan Zuck

    GGP Applicant Support Survey Link

    Google Doc: https://docs.google.com/document/d/11f36lFkyAirJAWqQ-Raxhjj1VO8zSTistY4LHIbZ8sI/edit?usp=sharing

    At-Large Workspace


    At-Large Workspace

    At-Large Representative(s)

      • ALAC Appointed Representative: Maureen Hilyard 
      • ALAC Alternate: Satish Babu

    Additional Resources

    New gTLD Next Round (SubPro) - (15 minutos)

    SubPro 38 update - Justine

    At-Large Workspace on SubPro

    At-Large Representative(s)

      • ALAC Appointed Representative: Justine Chew (ALAC appointed representative to the IRT, and liaison to the GNSO)
      • ALAC Alternate: Cheryl Langdon-Orr (ALAC appointed alternate to the IRT)

    Additional Resources

    4. Actualizaciones de comentarios sobre políticas: Claudia Ruiz, Hadia Elminiawi y miembro(s) del equipo de redacción y todos (5 minutes)

    a. Actualmente siendo Ratificado por el ALAC

    b. Comentarios Publicos para decision

    c.Estado de cuenta actuales (Asesoramniento del ALAC, Declaración de comentario público o Correspondencia)

    Nombre del Comentario Público

    Comentarios del Público Cerrar

    Estado

    Grupo de Trabajo Asignado

    Autor(es)

    GNSO Guidance Process Applicant Support Guidance Recommendation Initial Report

     

    Drafting CPWG

    Cheryl Langdon-Orr 

    ccNSO Proposed Policy for a Specific ccTLD Related Review Mechanism 

    TBD

    Drafting CPWG Michael Palage 
    ALAC Proposal for Subsequent Procedures Recommendation 17.2 on Applicant Support

    18 August 2023

    RATIFIED CPWG Justine Chew 

    Próximos procedimientos de comentarios públicos

    NCAP Study 2 Draft Report CPWG

    This Public Comment proceeding is to seek input on the Name Collision Analysis Project (NCAP) Study 2 draft report. The NCAP Discussion Group will consider the results of the Public Comment and produce a final report.


    Technical Check Review CPWG

    For IANA-managed zones, most notably for the root zone, a suite of technical conformance tests are conducted as part of the process of evaluating change requests. IANA expects to conduct a general community consultation on the scope and definition of these tests to inform future evolution of its operational practices. The current tests were defined based on a prior community engagement exercise.


    Pilot Holistic Review Revised Terms of Reference (ToR)

    ATRT3 recommendation 3.5 called for a new Holistic Review. This proceeding is related to one opened on 30 August 2022, seeking community input on the Pilot Holistic Review Revised ToR for the eventual initiation of the Pilot Holistic Review. In response to the diverging views expressed in the previous proceeding, the OEC, on behalf of the Board, reconvened the ToR drafting team to address the comments through revisions to the document.


    ISPCP Constituency Charter Amendments

    The Internet Service Providers and Connectivity Providers (ISPCP) Constituency recently amended its charter and notified the ICANN organization of its request for approval by the ICANN Board. This Public Comment proceeding seeks input on the proposed amendments of the NPOC charter to inform ICANN Board consideration.


    Draft 2023 African Domain Name System Market Study Report

    This Public Comment proceeding seeks input and feedback from the domain name and Internet community, interested parties and individuals on the draft 2023 African Domain Name System Market Study Report.

    Improved GNSO Stakeholder Group and Constituency Charter Amendment Process CPWG

    The Generic Names Supporting Organization (GNSO) charter revision process has been updated to reflect the continuous evolution of the ICANN community, ongoing implementation of Specific Review recommendations, and the review role of ICANN Board. These improvements will streamline charter revisions and allow GNSO Stakeholder Groups and Constituencies to continue their focus on policy development.

    ICANN and IANA Draft FY25 Plans

    ICANN is seeking the community's input about the Draft ICANN FY25-29 Operating and Financial Plan, Draft ICANN FY25 Operating Plan and Budget, Draft IANA FY25 Operating Plan and Budget via this Public Comment proceeding.


    PTI Draft FY25 Plan

    ICANN is seeking the community's input about the Draft PTI FY25 Operating Plan and Budget via this Public Comment proceeding.

    5. Presentación de los antecedentes y declaración inicial del ALAC sobre la política propuesta por la ccNSO para un mecanismo de revisión relacionado con un ccTLD específico. Comentario público: Michael Palage y Lianna Galystan (20 minutos - por confirmar)

    6. Sesiones At-Large en ICANN78 - Jonathan Zuck (10 minutes)

    See: ICANN78 - October 2023: Annual General Meeting - Hamburg, Germany I 21-26 October 2023

    a. Poll on the At-Large ICANN78 Session proposals and next steps - Jonathan

    b. ALAC Questions to the Board, GAC, GNSO and SSAC  during ICANN78 - Heidi

    7. Cualquier otro negocio (AOB) - Olivier Crépin-Leblond, Hadia Elminiawi, and all (3 minutos)

    8. Próxima reunión: Hadia Elminiawi, Olivier Crépin-Leblond y el personal (2 minuto)

    • Las reuniones del CPWG se llevan a cabo semanalmente los miércoles, en horarios rotativos de 13 y 19 UTC

    • Próxima reunión propuesta: miércoles, 06 de Septiembre 2023, 13 UTC

    CPWG Resources

    Français (FR) 

    1. Bienvenue et introduction à la réunion - Personnel (2 minutes)
    2. Adoption de l'ordre du jour, examen des mesures à prendre – Olivier Crépin-Leblond (3 minutes)
    3. Mises à jour des groupes de travail et des petites équipes (60 minutes)

    Transfer Policy Review Policy Development Process (TPR-PDP) - (5 min)

    At-Large Workspace

    At-Large Representatives

      • ALAC Appointed Representatives: Steinar Grøtterød, Daniel Nanghaka
      • ALAC Alternates: Raymond Mamattah, Lutz Donnerhacke
      • ALAC Observers: Chokri Ben Romdhane, Hans Bathija, K Mohan Raidu, Sivasubramanian Muthusamy

    Additional Resources

    Expedited Policy Development Process on the Internationalized Domain Names (EPDP-IDNs) - (N/A)

    At-Large Workspace

    At-Large Representatives 

      • ALAC Appointed Representatives: Satish Babu, Hadia Elminiawi, Abdulkarim Oloyede 
      • ALAC Participants: Justine Chew

    Additional Resources


    Registration Data Accuracy (RDA) Scoping Team - (N/A)

    At-Large Workspace

    At-Large Representatives

      • ALAC Appointed Representatives: Alan Greenberg, Michael Palage

    Additional Resources

    Registration Data Request Service (RDRS) - (NA)

    (formerly System for Standardized Access/Disclosure Operational Design Assessment)

    At-Large Representative

      • ALAC Appointed Representative: Alan Greenberg

    Additional Resources

    Facilitated Dialogue on Closed Generics - (15 min)

    See: Message from the ALAC, GAC and the GNSO Chairs to the CG Dialogue Participants

    The Facilitated Dialogue on Closed Generic gTLDs Draft Framework dated 8 June 2023 is available on the ICANN website at: https://gnso.icann.org/sites/default/files/policy/2023/draft/draft-framework-for-closed-generic-gtlds-08jun23-en.pdf

    At-Large Representative(s)

      • ALAC Appointed Representative: Greg Shatan 
      • ALAC Alternate: Alan Greenberg

    Additional Resources

      • GNSO Workspace: not public at this time. To become public once the work of the group is completed.

    Applicant Support GNSO Guidance Process (GGP) - (30 mins) Jonathan Zuck

    GGP Applicant Support Survey Link

    Google Doc: https://docs.google.com/document/d/11f36lFkyAirJAWqQ-Raxhjj1VO8zSTistY4LHIbZ8sI/edit?usp=sharing

    At-Large Workspace

    At-Large Workspace

    At-Large Representative(s)

      • ALAC Appointed Representative: Maureen Hilyard 
      • ALAC Alternate: Satish Babu

    Additional Resources


    New gTLD Next Round (SubPro) - (15 minutos)

    SubPro 38 update - Justine

    At-Large Workspace on SubPro

    At-Large Representative(s)

      • ALAC Appointed Representative: Justine Chew (ALAC appointed representative to the IRT, and liaison to the GNSO)
      • ALAC Alternate: Cheryl Langdon-Orr (ALAC appointed alternate to the IRT)

    Additional Resources

    4. Mises à jour des commentaires sur la politique -  Heidi Ullrich et Hadia Elminiawi, membre(s) de l'équipe de rédaction et tous (10 minutes).

    a. Récemment ratifié par l'ALAC

    b. Commentaire public pour décisionG

    c. Déclarations actuelles (avis de l'ALAC, déclaration de commentaires publics ou corrrespondance)

    Nom du commentaire public

    Commentaire public Fermer

    Statut

    Groupe de travail assigné

    Auteur(s)

    GNSO Guidance Process Applicant Support Guidance Recommendation Initial Report

     

    Drafting CPWG Cheryl Langdon-Orr 
    ccNSO Proposed Policy for a Specific ccTLD Related Review Mechanism 

    TBD

    Drafting CPWG Michael Palage 
    ALAC Proposal for Subsequent Procedures Recommendation 17.2 on Applicant Support

    18 August 2023

    Ratified CPWG Justine Chew 

    d. Prochaines Procédures de Commentaires Publics

    NCAP Study 2 Draft Report CPWG

    This Public Comment proceeding is to seek input on the Name Collision Analysis Project (NCAP) Study 2 draft report. The NCAP Discussion Group will consider the results of the Public Comment and produce a final report.


    Technical Check Review CPWG

    For IANA-managed zones, most notably for the root zone, a suite of technical conformance tests are conducted as part of the process of evaluating change requests. IANA expects to conduct a general community consultation on the scope and definition of these tests to inform future evolution of its operational practices. The current tests were defined based on a prior community engagement exercise.


    Pilot Holistic Review Revised Terms of Reference (ToR)

    ATRT3 recommendation 3.5 called for a new Holistic Review. This proceeding is related to one opened on 30 August 2022, seeking community input on the Pilot Holistic Review Revised ToR for the eventual initiation of the Pilot Holistic Review. In response to the diverging views expressed in the previous proceeding, the OEC, on behalf of the Board, reconvened the ToR drafting team to address the comments through revisions to the document.


    ISPCP Constituency Charter Amendments

    The Internet Service Providers and Connectivity Providers (ISPCP) Constituency recently amended its charter and notified the ICANN organization of its request for approval by the ICANN Board. This Public Comment proceeding seeks input on the proposed amendments of the NPOC charter to inform ICANN Board consideration.


    Draft 2023 African Domain Name System Market Study Report

    This Public Comment proceeding seeks input and feedback from the domain name and Internet community, interested parties and individuals on the draft 2023 African Domain Name System Market Study Report.


    Improved GNSO Stakeholder Group and Constituency Charter Amendment Process CPWG

    The Generic Names Supporting Organization (GNSO) charter revision process has been updated to reflect the continuous evolution of the ICANN community, ongoing implementation of Specific Review recommendations, and the review role of ICANN Board. These improvements will streamline charter revisions and allow GNSO Stakeholder Groups and Constituencies to continue their focus on policy development.

    ICANN and IANA Draft FY25 Plans

    ICANN is seeking the community's input about the Draft ICANN FY25-29 Operating and Financial Plan, Draft ICANN FY25 Operating Plan and Budget, Draft IANA FY25 Operating Plan and Budget via this Public Comment proceeding.


    PTI Draft FY25 Plan

    ICANN is seeking the community's input about the Draft PTI FY25 Operating Plan and Budget via this Public Comment proceeding.

    5. Présentation du contexte et de la déclaration initiale de l'ALAC sur la politique proposée par la ccNSO pour un mécanisme de révision spécifique lié aux ccTLD. Commentaires publics - Michael Palage et Lianna Galystan (20 minutes - à confirmer)

    6.  Sessions At-Largae àl'ICANN78  - Jonathan Zuck (10 minutes)

    See: ICANN78 - October 2023: Annual General Meeting - Hamburg, Germany I 21-26 October 2023

    a. Poll on the At-Large ICANN78 Session proposals and next steps - Jonathan

    b. ALAC Questions to the Board, GAC, GNSO and SSAC  during ICANN78 - Heidi

    7. Questions diverses (Divers) - Olivier Crépin-Leblond, Hadia Elminiawi, et tous (3 minutes)

    8. Prochaine réunion - Hadia Elminiawi, Olivier Crépin-Leblond et le personnel (2 minutes)

    • Les réunions du CPWG ont lieu chaque semaine le mercredi, à des heures tournantes de 13 et 19 UTC.
    • Prochaine réunion proposée: Mercredi, 06 Septembre 2023, 19 UTC

    CPWG Resources

    • No labels

    1 Comment

    1. Minutes from the GNSO-TPR meeting on Aug 29, 2023

      (Copied from the minutes distributed by ICANN Staff)

      Continue discussion of Preliminary Agreements from Charter Question i1 (Full Portfolio Transfers AKA Bulk Transfers) and Charter Question i2 (Change of Sponsorship AKA Partial Bulk Transfers)

      i1) In light of these challenges described in section 3.1.7.2 of the Final Issue Report, should the required fee in Section I.B.2 of the Transfer Policy be revisited or removed in certain circumstances?

      Preliminary Agreement #1: The Working Group recommends that a Registry Operators MAY charge a fee to implement a full domain name portfolio transfer* from one ICANN-accredited registrar to another ICANN-accredited registrar. The Working Group recognizes that there may be instances where the Registry Operator MAY waive this fee.**
      * Note: this could include all of the domain names a registrar has within a gTLD or all of the gTLD domain names a registrar has under management.
      ** A non-exhaustive list of examples where a Registry Operator may choose to waive the mandatory fee include cases where a registrar is involuntarily terminated by ICANN org due to a breach, ICANN terminates a registrar due to unresponsive to renewal notices, a registrar chooses to voluntarily cease operations with a specific TLD, etc.

      Proposed Preliminary Agreement #2: The Working Group recommends that the Gaining Registrar MUST be responsible for paying the relevant Registry’s fee (if any). 
      Rationale: The Working Group recognizes that a voluntary request to transition a domain name portfolio to another registrar will require internal coordination and work from the relevant Registry Operator, and accordingly, the Registry Operator may charge a fee for this process. Due to the voluntary nature of the portfolio transfer request, the Gaining Registrar should be responsible for paying this fee to the Registry Operator as (i) the Gaining Registrar, through the transfer, is inheriting new customers, and (ii) the Losing Registrar may be going out of business and, accordingly, may be unable to pay the fee.


      → Concept 1:  The Working Group recognizes that a fee may be involved in a full portfolio transfer but believes flexibility is necessary, and the number should not be explicitly prescribed in the Transfer Policy.

      → Concept 2: The Working Group also recognizes, however, that a price ceiling is helpful to include in the policy language to avoid abusive pricing  in order to promote transparency in pricing.
       
      → Concept 3: In light of Concept 2, the Working Group believes the total fee for a full portfolio transfer must not exceed [$50,000 or $1.00 per domain name transferred].

      Discussion:
      Note that if there is no agreement, then the status quo remains

      Concept 3 triggered the At-Large discussion on the CPWG mailing list. There was concern about the WG’s reference to fees, and that policy should not have specific numbers due to antitrust/competition concerns. There may be additional feedback coming from At-Large.

      WG members do not think that antitrust concerns are something we need to necessarily consider in this group. ICANN was set up in consultation with antitrust experts and has a legal counsel that looks into these issues. The price for bulk transfers has been in the RA for a long time, and the RAA also has limits to what a registrar can charge for bulk access to registration data ($10k). So ICANN does in several instances specify costs, price caps, and fees. We can see if there are any public comments. If we have something we think works and is reasonable from a process perspective, we should pursue it.

      If we are not allowed to talk about the fees, does this mean the current fees ($50,000) will stay the same forever? Even if we opt to get rid of it, that could be an antitrust concern.
       
      → Concept 4: If the full portfolio transfer involves multiple registries, the affected registries must ensure the collective fee does not exceed the recommended ceiling, and the fee should be apportioned based on number of domain names. By way of example, if a registrar has 60,000 domains under management under two TLDs, e.g., 40,000 names under .ABC, and 20,000 names under .DEF, the combined fee cannot exceed $50,000 USD (per concept 3). Since two thirds of the names under management are registered to .ABC, .ABC registry may bill the Gaining Registrar for up to 66.66% of the total fee [of $50,000], e.g., up to $33,333.33, and .DEF may bill the Gaining Registrar for up to the remaining 33.33% of the total fee [of $50,000], e.g., up to $16,666.67.
       
      Discussion:

      • If one RO wants to waive their portion of the fee, does the other RO get to bill the registrar for the full $50,000?
      • No, an RO (.DEF) should not benefit from another RO (.ABC) waiving the fee.
      • Percentages would be presented up front. The numbers would not be adjusted based on who waived. We should make that more clear.
      • 5 questions posed for the WG to consider:
        • Is $50,000 the number to be used? 
        • In the current policy, there is a minimum number of domain names that are involved: is that still in play?
        • Is there a minimum number of domain names that a registry has involved in order to qualify?
        • If so, what is that minimum number of domain names? (e.g. is the registry allowed to bill for one domain name?)
        • How would all this be handled? Would ICANN org need to be involved to help manage this process, and if so, why?
        • We are using these numbers as examples (assume they are in brackets). Agree we need to decide are there bounds that we need to put? We should put the questions in the working document.
        • It would be good to know in advance that Concept 4 is acceptable for the Registries. There may be different ideas of what is the “magic number”, though not everyone can be accommodated.
        • This could be difficult to administer without ICANN involved as an intermediary. From an RO perspective, not opposed to this concept but the whole mechanism not be worth the effort. It would be interesting to explore concepts around loosening/reducing fees here in exchange for more flexibility around BTAPPA. That may be a way to find common ground.
        • WG not sure we need a threshold number of domains if we have a limit (cap) on cost. It might be cheaper (compared to the cap amount) to do individual transfers but still worthwhile to have them done in bulk.
        • In WG view there must be a calculation comparing ICANN approved transfers vs “regular transfers”, but the calculation is depending on the level of fee for the ICANN transfers
        • Is there any historical rationale behind the $50K? Unknown. From the CPWG mailing list: The $50,000 fee set forth in the current ICANN policy document, was conceived during a time when ICANN regularly included pricing in their Registry Agreement.
           

      ACTION ITEM: Preliminary Agreement #5, Concepts 3 & 4 – Staff to list the 5 questions posed during the call within the TPR Working Document. WG members to review and respond to these questions before their next meeting (12 September).


      i2) Should the scope of voluntary bulk transfers, including partial bulk transfers, be expanded and/or made uniform across all registry operators? If so, what types of rules and considerations should govern voluntary bulk transfers and partial bulk transfers?

      Poll Questions to WG:
      Do you support the scope of voluntary bulk transfer, including partial bulk transfer, being expanded and/or made uniform across all registry operators via an update to the Transfer Policy? (would apply to all registries)
      Yes: 13 (72%)
      No: 2 (11%)
      Not Sure: 3 (17%)
       
      Do you support the scope of voluntary bulk transfer, including partial bulk transfer, being expanded and/or made uniform across all registry operators who offer the BTAPPA via recommended updates to the BTAPPA?
      Yes: 11 (58%)
      No: 3 (16%)
      Not Sure: 5 (26%)

      Discussion:

      • This would only apply to all gTLD registries, not ccTLD registries
      • We are working on the assumption that we are allowing ROs to add flexibility to their fees
      • These polls are going to skew based upon group composition... so you will see things skew towards what registrars are thirsty for
      • With new gTLDs there is a wide volume of process and policies, BTAPPA is better for a wide scale of TLDs then just having policy. There may be scenarios where there are not that many domain names to qualify.
      • If we have a reseller with a TLD that only has 50 names, then it is not worth the time of getting a developer involved. Then we will try to do that as a normal transfer. It is always a cost balance exercise.
      • The choice to be able to do this manually will become more complex once the policy goes into effect and the TACs are in place. We have not yet discussed the possible inefficiencies when there are many TLDs bundled.
      • Going back to the threshold question, maybe it makes more sense here than in the icann-approved transfers discussion? If it's a full portfolio transfer then it doesn't matter how many domains there are, just that it's a full set. If it's a partial portfolio, then that's where the cost comes up (maybe there's only 200 domains total, then probably just pay one by one, right?)

      In a sponsorship change, what impacts the registrant the most is that the expiration date is not changing, unlike a normal transfer.
       
      Preliminary Agreement #1 (Change of Sponsorship) (AKA BTAPPA)
       
      In the event a change of sponsorship is permitted by the Registry Operator, Registrars shall either notify or ensure their Resellers (where applicable) notify affected Registrants at least [30 days] before the change of sponsorship will occur [and provide opt out instructions where applicable].
       
      Discussion:

      • Appreciate the focus on the registrant’s experience. Registrants should always be able to choose who their provider is. Not sure if we need “where applicable”.
      • Not objecting to the concept there should be notification, but this is redundant with an item from BTAPPA boilerplate language. However the [30 days] is different from the current boilerplate language of [15 days].
      • Agree we should not start from scratch, the question remains should this be optional or for all gTLD registries?

      Important that a successful BTAPPA does not add any transfer lock for the registrant to select another Registrar
       
      Preliminary Agreement #4 (Change of Sponsorship): The losing registrar’s existing Registration Agreement with customers must permit the transfer of domain names in the event of the scenarios described in the Transfer Policy with respect to a change of sponsorship. [Additionally, prior to initiating the transfer, the losing registrar must ensure that they, or their Resellers (where applicable), have confirmed the affected registrants have agreed to the terms.]
       
      Discussion:

      • Previous comment: Isn’t it simply the responsibility of the gaining registrar? Not sure if this is a policy requirement. In the case of a reseller or other entity, it is up to them to make sure their agreements reflect or mirror the agreement with the new registrar.
      • WG not sure this is necessary; I don’t think we can have registered domains where the RNH has *not* agreed to the Rr terms?
      • This needs to be done, but I don’t know if it should live in this Policy
      • Maybe in the notification to the RNH, “on X date your domain will be moved to X registrar and you will be subject to these terms of service: X.”
      • Practically speaking, confirming that they accepted the new terms is not going to work in reality. The notification though would be good.
      • The RNH is not bound to the terms just by notifying them, unless their registration agreement with the current registrar or reseller stipulates that.
      • Where and how is this going to be enforced? Do all registries have to by way of policy, or is this an optional service registries can provide?
      • Moving forward, it makes sense that registries operate under the same policy. If one registry uses BTAPPA but another does not, that is a barrier to transferring as a normal transfer of 20,000 domains can be expensive and inconvenient.
      • Remember that with the next round there will likely be many more new gTLDs
      • Some answers live in the BTAPPA boilerplate. Some registries might be reluctant to use it because there is no extension of expiration term. Better served if current BTAPPA wording is loosened so that if two registrars have a list of domains they agree they want to move without an extension, then they can do it. Right now it is more restrictive, so wording can possibly be improved.


      ACTION ITEM: Charter Question i2) – WG members to provide their comments/suggestions in the Working Document regarding whether the scope of voluntary bulk transfers, including partial bulk transfers, should be expanded and/or made uniform across:
      1.  all registry operators (via an update to the Transfer Policy), or 
      2. all registry operators who offer the BTAPPA (via recommended updates to the BTAPPA)