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Name: Evgeny Kuskevich
Date: 11 Jan 2022
Original Public Comment: ccNSO Proposed Policy on the Retirement of ccTLDs
Summary of Submission
While the Policy generally seems to be reasonable and elaborated, I have to point out the following issue. I believe, that in order to avoid ambiguities in interpretations of the Policy on the Retirement of ccTLDs in future, an addition should be made to paragraph No.3 “Applicability of the Policy”, which will clearly define, that a Triggering Event may only mean events, that will have occurred AFTER the adoption of the Policy. In other words, the Policy cannot be applied retrospectively and cannot be used ex post facto.
Although this question had been raised and discussed earlier during ccNSO PDP3 Initial Proposals for Process to Retire ccTLDs and WG response was given: “The WG believes the applicability of the Policy to existing situations or those emerging before the proposed Policy becomes effective is out of scope of its mandate. For situations prior to this Policy coming into force, responsibility lies with the IFO to create a suitable procedure. The WG suggests that such a procedure could be based on and anticipate the proposed Policy.” - I still cannot find this response quite satisfactory, especially second part of it. If the IFO is going to create "a suitable procedure" - this procedure must comply with relevant policy, which in turn will clearly describe the aspects of retroactive use.