WP2 Issues for Dublin Briefing -

• Principles– 2nd Draft Report Paragraph 187: Enumerated powers

and prohibition on regulation to be clarified to ensure that ICANN has authority and responsibility to enforce (i) voluntary commitments contained in TLD applications (e.g., PIC Specifications) and (ii) Consensus Policy. Note also misc. wording suggestions. Authors: Greg Shatan and David McAuley

– 2nd Draft Report Paragraph Paragraphs 218-219: language regarding “consumer trust and choice” and discuss AoC language regarding new gTLDS now contained in AoC review text at Paragraph 566. Becky

WP2 Issues for Dublin Briefing – 2

• Principles– 2nd Draft Report Paragraphs 205-206, 224-225 regarding

private sector leadership. ALAC comment regarding inclusion of end users in description of private sector and push back from certain governments regarding retention of current bylaws language. Authors: David McAuley and Kavouss Aristeh.

– 2nd Draft Report Mission, Commitments & Core Values references to and formulation of “global public interest.” Alan Greenberg and Kavouss Aristeh.

– 2nd Draft Report Paragraph 225: removal of limitation on consultation with GAC to Advice that is consistent with Commitments and Core Values. Becky Burr.

WP2 Issues for Dublin Briefing -3

• IRP and RFR– Funding, costs, accessibility, independence

– Scope – Reconciliation of expert panel conclusions; “fundamentally irrational” decision; Community/single member accountability

– Standard – abuse of discretion vs. de novo

– Standing: Individual SOs/ACs/constituencies without community support; “community” IRPs where minority does not support and “Permissive” approach vs. abuse prevention

– Abuse: Require participation in PDP for standing (also arises in RFR context); fee shifting for frivolous actions; other abuse mitigation? Prompt action to establish CCWG sub-group to work on details.