2011-03-18 - Process for Completion of the Applicant Guidebook for New gTLDs

(Rationale posted with MInutes, at http://www.icann.org/en/minutes/minutes-18mar11-en.htm)

This resolution builds from the productive consultations held with the Governmental Advisory Committee in February and March. The consultations focused on the set of 12 issues identified in the GAC indicative scorecard on new gTLD outstanding issues listed in the GAC Cartagena Communiqué. Agreement was found in a number of areas within the Scorecard, and clarity was achieved on the remaining areas of difference – which enables the Board to outline a path for completion of the Applicant Guidebook. This set of 12 issues was also considered in community discussions at the Silicon Valley / San Francisco meeting. These discussions included whether the proposed revisions to the program implementation being discussed were contrary to the GNSO policy recommendations. In constructing the timeline, the Board was careful to propose revisions that met GAC objectives and were not contrary to those recommendations.

The resolution provides a timeline for additional consultation with the GAC, and publication of new program materials for comment, including incorporation of the agreed revisions to the Applicant Guidebook.

What Stakeholders or others were consulted?

The development of the New gTLD Program has included several rounds of public comment, both in the policy development process and the implementation work. This has resulted in comments from a wide range of stakeholder groups and individuals within the community.

Are there Positive or Negative Community Impacts?

The resolution is expected to have a positive community impact as it provides a means to incorporate the solutions arrived at in the Board-GAC consultations, as well as providing transparency into the expected path forward.

Why the Board is addressing the issue now?

Significant progress has been made due to the engagement between the Board and GAC prior to and during the San Francisco meeting. There has been agreement reached in some areas, and clarity achieved on areas of disagreement. It is important that the Board direct staff on the next steps in carrying forward the work of the program, and give the community visibility into the expected completion of the program's implementation.

What are the proposals being considered?

The proposals under discussion are listed in the Board response to the GAC Scorecard, see http://www.icann.org/en/topics/new-gtlds/board-notes-gac-scorecard-04mar11-en.pdf[PDF, 814 KB].

What concerns or issues were raised by the community?

A number of concerns and issues have been raised throughout the discussions on the program. These have been considered and addressed at length in the summary and analysis of comment received in each comment period. The specific issues raised by and discussed with the GAC are:

1. The objection procedures including the requirements for governments to pay fees;
2. Procedures for the review of sensitive strings;
3. Root Zone Scaling;
4. Market and Economic Impacts;
5. Registry – Registrar Separation;
6. Protection of Rights Owners and consumer protection issues;
7. Post-delegation disputes with governments;
8. Use and protection of geographical names;
9. Legal recourse for applicants;
10. Providing opportunities for all stakeholders including those from developing countries;
11. Law enforcement due diligence recommendations to amend the Registrar Accreditation Agreement as noted in the Brussels Communiqué; and
12. The need for an early warning to applicants whether a proposed string would be considered controversial or to raise sensitivities (including geographical names).

Each of these issues were discussed in meetings with the GAC and in documents exchanged and published between the ICANN Board and GAC. The timeline was based on the results of those discussions.

What significant materials did Board review?

The Board's review and discussion of issues at this meeting has been informed by the GAC Scorecard (see http://www.icann.org/en/topics/new-gtlds/gac-scorecard-23feb11-en.pdf [PDF, 332 KB]) and supplemental information provided by the GAC, statements provided by stakeholder groups (see http://www.icann.org/en/topics/new-gtlds/related-en.htm,) and the transcripts of sessions held with the GAC and other parts of the community.

Are there any Security, Stability or Resiliency issues relating to the DNS?

Root zone scaling was identified as an issue in the GAC Scorecard. Through discussion, this emerged as an area of agreement between GAC advice and the proposed program implementation. ICANN has made commitments to work with root zone operators to identify reporting processes and metrics so that information on the DNS is easily accessible by the community. Furthermore, a process will be implemented that enables the delegation of TLDs to be slowed or stopped in the event that there is a strain to the root zone system. ICANN has also committed to reviewing the effects of the New gTLD Program on the operations of the root zone system, and defer the delegations in the second round until it is determined that the delegations in the first round did not jeopardize root zone system security or stability.