<div dir="ltr"><div>Hi,</div><div><br></div><div class="gmail_quote"><blockquote class="gmail_quote" style="margin:0px 0px 0px 0.8ex;border-left:1px solid rgb(204,204,204);padding-left:1ex"><div><p></p>
<p>While I have your attention, may I please remind you that we have
to have proposals for topics to discuss withe the Board by
Monday. So far, noone has proposed anything except Kathy Kleiman,
who thinks (as I do) that a discussion of the new google format
for seeking comments may be a good topic. I don't know about the
rest of you, but I find this new format, while helpful to staff in
compiling comments, restricts the ambit of comment and may lead to
bias. It is also a nightmare to navigate, in my opinion, having
had a difficult time following the EPDP comments. I am about to
review the comment on Sub Pro (Here is the form:
<a href="https://www.icann.org/public-comments/gnso-new-gtld-subsequent-draft-final-report-2020-08-20-en" target="_blank">https://www.icann.org/public-comments/gnso-new-gtld-subsequent-draft-final-report-2020-08-20-en</a>)
and I expect it to be a painful experience as well. Don't let my
grumbling deter you though, please take a look at what has been
submitted on this important topic, available here
<a href="https://docs.google.com/spreadsheets/d/1VOCuHrCIWc3D9aJV2-woOob8atmg6o20AzE7NMse5CE/edit#gid=472588409" target="_blank">https://docs.google.com/spreadsheets/d/1VOCuHrCIWc3D9aJV2-woOob8atmg6o20AzE7NMse5CE/edit#gid=472588409</a>.<br></p></div></blockquote><div>I don't have an issue with the use of forms. I understand the weight of habit, how it is hard to change that we might find it easier to write comments on more or less freestyle ( which IMHO encourages focus in many occurences on rhetoric than substance). there is a reality check, public comments are not asking simple questions that expect straightforward answers . It usually includes more than dozen of policy recommendations , plus all kinds of questions from WG asking for input. I see that it requires structure that a form outline can give and help. Is there another alternative to explore which can give better experience? maybe, it can be something to explore</div><div>We complained before that some of our comments might not have been captured in staff summary, that is unlikely to happen with form where responses and questions are clearly indicated and visible. </div><div> </div><blockquote class="gmail_quote" style="margin:0px 0px 0px 0.8ex;border-left:1px solid rgb(204,204,204);padding-left:1ex"><div><p>
</p>
<p>In the absence of other suggestions coming from members, I am
going to propose discussing the results of ICANN investment and
participation in the Internet and Jurisdiction project. Members
may be aware that ICANN has participated at the Board level in
this interesting work, and while I have no figures for the
financial investment, it must be significant, judging from the
level of participation of staff and the Board. The problem of
jurisdiction and choice of law remains one of those hardy
perennials, we certainly had it arise in the context of the EPDP,
and the recent Schrems II decision
(<a href="https://curia.europa.eu/jcms/upload/docs/application/pdf/2020-07/cp200091en.pdf" target="_blank">https://curia.europa.eu/jcms/upload/docs/application/pdf/2020-07/cp200091en.pdf</a>)
and the US White Paper response to that decision
(<a href="https://www.commerce.gov/sites/default/files/2020-09/SCCsWhitePaperFORMATTEDFINAL508COMPLIANT.PDF" target="_blank">https://www.commerce.gov/sites/default/files/2020-09/SCCsWhitePaperFORMATTEDFINAL508COMPLIANT.PDF</a>)
brings the issue of transborder dataflow back into focus. I
realize this is not everyone's interest, but it is mine, and if
you are not going to suggest anything, this is what I propose to
inquire about.</p></div></blockquote><div><br></div><div>I have a suggestion, I want to discuss with the board about implementation and approval of recommendations. In particular there is a new idea from ICANN CEO proposed to SO/AC leaders to have design implementation to help the board before approving recommendations. It looks ok but we need to think about the whole PDP lifecycle (we tend to focus on the WG phase) and the impact of such a new vehicle on certain PDPs. There are also issues regarding implementation like for EPDP phase 1 that I would discuss with the board.</div><div><br></div><div>Best,</div><div><br></div><div>Rafik</div></div></div>