ALAC: Advice to the ICANN Board on Subsequent Procedures (R-04D)
| Date Issued | Document | Reference ID | Current Phase |
|---|---|---|---|
| ALAC: Advice to the ICANN Board on Subsequent Procedures (R-04D) | AL-ALAC-ST-0421-02-01-EN (R-04D) | Phase 2 | Understand |
DESCRIPTION
The ALAC notes that the ICANN Bylaws Article 1, Section 1.1(c) reads “ICANN shall not regulate (i.e., impose rules and restrictions on) services that use the Internet's unique identifiers or the content that such services carry or provide, outside the express scope of Section 1.1(a)”. The parenthetical expression clearly says that ICANN cannot impose its own rules or restrictions in regard to content. There is therefore no restriction on ICANN enforcing commitments made by TLD operators in their contracts with ICANN that are in the pursuit of their own business interests.
DEPENDENCIES
Progress pending the New gTLD Subsequent Procedures Final Report.
STATUS UPDATES
| Date | Phase | Type | Status Updates |
|---|---|---|---|
| Phase 2 | Phase Update | As 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 2 | AP Feedback | The ALAC is open to the Board’s proposed approach for an applicant / Registry that wishes to apply for an RVC must also demonstrate an objective evaluation methodology for such RVC - to be applicable to RVCs only - and we are prepared to discuss this approach further. We suggest that such an approach would also benefit from the use of the Board’s Global Public Interest Framework on Commitment a.iv, Core value b.ii, and Core value b.vi, and with reference to GAC Consensus Advice. We further suggest that such an approach must also be subject to community input. Notwithstanding, there remains a crucial need for more particularized reporting by ICANN Contractual Compliance in respect of thresholds which are derived and used to assess compliance or non-compliance of an RVC for action to be taken by ICANN. |
| Phase 2 | Clarifying Question | The Board would like to discuss with the ALAC a possible different approach to the enforcement of PICs/RVCs which places more responsibility on an applicant / Registry to develop RVCs which incorporate an objective evaluation methodology. |
| Phase 2 | Phase Change | Now Phase 2 |
| Phase 1 | Phase Update | Acknowledgment sent to ALAC. |
| Phase 1 | Phase Update | ALAC published AL-ALAC-ST-0421-02-01-EN: Advice to the ICANN Board on Subsequent Procedures: https://atlarge.icann.org/advice_statements/13823. |
