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Council Resolutions 2021

Last Updated:
23 July 2021

2021 | 2020 | 2019-1999


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20210722-1

CONSENT AGENDA

  • Approval of the Chair for the EPDP on Internationalized Domain Names - Edmon Chung (SOI)
  • Acknowledgment of the GNSO Council liaison to EPDP on Internationalized Domain Names - Farrell Folly
  • Motion to adopt the GNSO Review of the GAC ICANN71 Virtual Policy Forum Communiqué for submission to the ICANN Board

    • Submitted by: Tatiana Tropina
    •  Seconded by: Pam Little
    • Whereas,
  1. The Governmental Advisory Committee (GAC) advises the ICANN Board on issues of public policy, and especially where there may be an interaction between ICANN's activities or policies and national laws or international agreements. It usually does so as part of a Communiqué, which is published towards the end of every ICANN meeting.
  2. The GNSO is responsible for developing and recommending to the ICANN Board substantive policies relating to generic top-level domains.
  3. The GNSO Council has expressed a desire to provide feedback to the ICANN Board on issues in the GAC Communiqué as these relate to generic top-level domains to inform the ICANN Board as well as the broader community of past, present or future gTLD policy activities that may directly or indirectly relate to advice provided by the GAC.
  4. The GNSO Council's review of the GAC Communiqué is intended to further enhance the co-ordination and promote the sharing of information on gTLD related policy activities between the GAC, Board and the GNSO.

Resolved,

  1. The GNSO Council adopts the GNSO Council Review of the ICANN71 GAC Communiqué (see https://gac.icann.org/contentMigrated/icann71-gac-communique) and requests that the GNSO Council Chair communicate the GNSO Council Review of the ICANN71 GAC Communiqué to the ICANN Board.
  2. The GNSO Council requests that the GNSO Liaison to the GAC also informs the GAC of the communication between the GNSO Council and the ICANN Board.

Vote results

20210722-2

Motion to confirm the formation of and instructions to the Accuracy Scoping Team

Submitted by Pam Little

Seconded by Olga Cavalli

Whereas,

  1. The GNSO Council adopted a proposal on 21 October 2020 which recommended that a Scoping Team addresses the effects of GDPR on Registration Data accuracy requirements and the Whois Accuracy Reporting System (ARS), stating, "a scoping team would be tasked to, 'facilitate community understanding of the issue; assist in scoping and defining the issue; gather support for the request of an Issue Report, and/or; serve as a means to gather additional data and/or information before a request [for an Issue Report] is submitted'.
  2. On 4 November 2020, GNSO SG/Cs as well as ICANN SO/ACs were informed of the Council's intent to form a Registration Data Accuracy Scoping Team and were requested to indicate if they would be interested in sending representatives to this effort.
  3. At the same time, the GNSO Council also requested that ICANN org develop a briefing document that outlines both (i) existing accuracy requirements and programs and (ii) the corresponding impact that GDPR has had on implementing / enforcing these requirements and programs. This briefing paper was delivered to the Council in February 2021.
  4. Following the Council discussion of the ICANN org briefing paper in April 2021, Council leadership put together a first proposal outlining possible instructions to the Registration Data Accuracy Scoping Team.
  5. As a result of input that was provided by different Council members on the first proposal, the Council decided at its May 2021 meeting to form a small team to further review and revise the instructions to the scoping team.
  6. The small team, consisting of one Council member from each GNSO Stakeholder Group or Constituency, two NomCom appointed Council members and the GNSO Liaison to the GAC (as an observer), submitted its recommendations in relation to the formation as well as the instructions for the Registration Data Accuracy Scoping Team to the Council on 9 July 2021 for Council's consideration

Resolved,

  1. The GNSO Council adopts the Registration Data Accuracy Scoping Team – Formation and Instructions
  2. The GNSO Council instructs the GNSO Secretariat to request interested SO/AC/SG/Cs to confirm their representatives to the Registration Data Accuracy Scoping Team as well as invite the Board and ICANN org to appoint a liaison noting that the first meeting of the Scoping Team is not expected to be scheduled until the EPDP Phase 2A delivers its Final Report.
  3. The GNSO Council instructs the GNSO Policy Staff Support Team to launch a call for expressions of interest for candidates to serve as the Chair of the Registration Data Accuracy Scoping Team. Council leadership will review the applications received and make its recommendation to the GNSO Council.
  4. The GNSO Council thanks the small team for its efforts.

Vote results

20210616 – 1

Motion to initiate the GNSO Framework for Continuous Improvement Pilot Project

Submitted by Tatiana Tropina

Seconded by Kurt Pritz

Whereas,

  1. Council leadership started conversations with the GNSO Council and GNSO community, via Stakeholder Group and Constituency Chairs, on how to address several items on the Council's Action Decision Radar (ADR) 0-1 month timeframe dealing with process and procedural improvements such as Accountability Work Stream 2, Accountability and Transparency Review Team 3 and PDP 3.0.
  2. This resulted in a proposed GNSO Framework for Continuous Improvement Oversight and Implementation. Following the circulation of an initial proposal in January 2021, Council leadership solicited feedback via email as well as a dedicated call with SG/C Chairs as well as Council. Taking into account the input received, an updated proposal was circulated to the Council and SG/C Chairs on 26 May 2021 (see https://mm.icann.org/pipermail/council/2021-May/024730.html).
  3. This updated proposal includes a proposed pilot which allows for a more limited roll out of the Framework from which lessons can be drawn and possible updates can be made, should the Council and GNSO community decide that it is worthwhile to continue.
  4. The Council and SG/C Chairs reviewed this updated proposal.

Resolved,

  1. The GNSO Council initiates the GNSO Framework for Continuous Improvement Pilot as outlined in section 4 of this document where step 4 of Section 4 is replaced with the fourth resolved clause below.
  2. The GNSO Council requests the GNSO Secretariat to circulate the call for volunteers to form the Council Committee for Overseeing and Implementing Continuous Improvement.
  3. Once formed, the GNSO Council expects regular updates from the Chair of the Council Committee to the Council as well as SG/Cs in relation to progress made.
  4. Once the pilot completes, the Council, in close collaboration with SG/Cs as well as the Council Committee and Pilot Task Force, will review the functioning of the Framework and decide whether to continue with the other assignments as outlined in the updated proposal (see section 3), make modifications to the framework and continue with the other assignments, or, identify another path through which the assignments identified are to be addressed.
  5. For the time being, the items that are expected to be addressed as part of the Framework (inlc. WS2, Policy & Implementation, PDP 3.0, Empowered Community, ATRT3, GNSO Review) will be moved to a section in the ADR with no timeframe associated with them as the timing will be determined as a result of the pilot. However, this does not prevent the Council from determining if one or more of these items need to be addressed in a different manner before the pilot concludes, for example, as a result of external factors or changes in the dependencies that were identified (see section 5).

Vote results

20210520 – 1

CONSENT AGENDA

  • Appointment of the GNSO Council liaison to the System for Standardized Access/Disclosure Operational Design Phase - Janis Karklins

Vote results

20210520 – 2

Adoption of the GNSO Review of the GAC ICANN70 Virtual Community Forum Communiqué for submission to the ICANN Board

Whereas,

  1. The Governmental Advisory Committee advises the ICANN Board on issues of public policy, and especially where there may be an interaction between ICANN's activities or policies and national laws or international agreements. It usually does so as part of a Communiqué, which is published towards the end of every ICANN meeting.
  2. The GNSO is responsible for developing and recommending to the ICANN Board substantive policies relating to generic top-level domains.
  3. The GNSO has expressed a desire to provide feedback to the ICANN Board on issues in the GAC Communiqué as these relate to generic top-level domains to inform the ICANN Board as well as the broader community of past, present or future gTLD policy activities that may directly or indirectly relate to advice provided by the GAC.
  4. The GNSO hopes that the input provided through its review of the GAC Communiqué will further enhance the co-ordination and promote the sharing of information on gTLD related policy activities between the GAC, Board and the GNSO.

Resolved,

  1. The GNSO Council adopts the GNSO Review of the ICANN70 Virtual Community Forum GAC Communiqué and requests that the GNSO Council Chair communicate the GNSO Review of the ICANN70 Virtual Community Forum GAC Communiqué to the ICANN Board.
  2. The GNSO Council requests that the GNSO Council Chair also informs the GAC Chair of the communication between the GNSO Council and the ICANN Board.

Vote results

20210520 – 3

Motion to initiate the Expedited Policy Development Process on Internationalized Domain Names and adoption of the EPDP on IDNs Charter

Whereas,

  1. On 14 March 2019, the ICANN Board approved a set of recommendations developed by ICANN org on how to allocate Internationalized Domain Name (IDN) variant TLD labels. The ICANN Board requested that the GNSO and ccNSO take into account those IDN variant TLD recommendations while developing their respective policies to define and manage IDN variant TLDs for the current TLDs and future TLD applications, while keeping each other informed of the progress in developing the relevant details of their policies and procedures to ensure a consistent solution for IDN variant gTLDs and IDN variant ccTLDs.
  2. On 26 June 2019, the GNSO Council established a Scoping Team to develop recommendations for the GNSO Council's consideration on how to address the IDN variant TLD recommendations, as well as issues in the Final Proposed Draft version 4.0 of Internationalized Domain Name ("IDN") Implementation Guidelines ("IDN Guidelines v. 4.0"), for which the ICANN Board had agreed to the GNSO Council request [gnso.icann.org] to defer its adoption. The Scoping Team met between 15 August 2019 and 12 December 2019.
  3. On 23 January 2020, the GNSO Council discussed the Final Report [gnso.icann.org] from the Scoping Team, which suggested tackling IDN related issues in two tracks: Operational Track and Policy Track. The Policy Track would be tasked to deliberate on: i) the definition and management of IDN variant TLDs, and ii) the change process of the IDN Guidelines and any policy issues related to the IDN Guidelines v. 4.0 identified by the Operational Track Team (consisted of members in the GNSO Contracted Parties House) and agreed upon by the IDN Guidelines Working Group.
  4. On 26 January 2020, the ICANN Board approved the Recommendations for the Technical Utilization of the RZ-LGR on how to employ the RZ-LGR to determine valid IDN TLDs and their variant labels. The ICANN Board requested that the GNSO and ccNSO take into account those RZ-LGR Technical Utilization recommendations while developing their respective policies to define and manage IDN variant TLDs for the current TLDs and future TLD applications.
  5. On 21 October 2020, the GNSO Council agreed to establish a Drafting Team to develop both a draft charter and an Initiation Request for an EPDP on IDNs. The GNSO Council agreed with the Scoping Team's suggestion that an Issue Report is likely not needed in order to initiate the Policy Track work, and an EPDP is the desired approach. The Drafting Team met between 8 December 2020 and 4 May 2021.
  6. On 10 May 2021, the Drafting Team submitted the draft EPDP charter and the Initiation Request for the GNSO Council's consideration.
  7. On 20 May 2021, the Drafting Team Chair provided a briefing to the GNSO Council on the content of the draft charter prior to the Council vote to initiate the EPDP and adopt the charter.

RESOLVED,

  1. The GNSO Council hereby approves the Initiation Request for the EPDP on IDNs and as such initiates the EPDP.
  2. The GNSO Council approves the Charter of the EPDP on IDNs.
  3. The GNSO Council directs staff to:

    1. communicate the results of this motion to the GNSO SG/Cs as well as ICANN SO/ACs and invite them to identify Members for the working group following the working group composition described in the Charter;
    2. communicate the results of this motion to the ICANN Org GDS Team and invite them to identify at least one (1) staff liaison for the working group;
    3. launch a call for expressions of interest seeking interested candidates to Chair the EPDP on IDNs; and
    4. solicit candidates for the GNSO Council liaison to the EPDP on IDNs.

Vote results

20210422 – 1

CONSENT AGENDA

  • Acknowledgment of the GNSO Council liaison to Transfer Policy PDP - Greg Dibiase
  • Approval of the Chair for the Transfer Policy PDP - Roger Carney (SOI)

Vote results

20210422 – 2

Appointment of a second GNSO representative to the Community Representatives Group (CRG) that will nominate the Independent Review Process (IRP) Standing Panel

Submitted by: Carlton Samuels

Seconded by: Marie Pattullo

Whereas,

  1. The SO/AC Chairs agreed to the formation of a Community Representatives Group (CRG) to select nominees for the Bylaws-mandated Independent Review Process (IRP) Standing Panel.
  2. The GNSO has the opportunity to appoint up to two members to serve on the CRG, but only one application was received by the GNSO in response to initial Expression of Interest process. The sole candidate, Heather Forrest, was considered and recommended by the GNSO Standing Selection Committee and subsequently appointed by the GNSO Council to serve as a GNSO representative to the CRG.
  3. The SG/C Chairs agreed to initiate a second Expression of Interest process to identify an additional GNSO representative to serve on the CRG. The process opened on 8 March 2021.
  4. The GNSO SG/C Chairs and GNSO Council Leadership agreed that the SSC should be deployed to select the GNSO's second representative to the CRG.
  5. The SSC reviewed the three applications received, taking into account the guidance provided by the SG/C Chairs.
  6. The SSC submitted its full consensus recommendation to the GNSO Council on 12 April 2021, by way of submission of the relevant motion.
  7. The GNSO Council considered the recommendations of the SSC.

Resolved,

  1. The GNSO appoints Donna Austin to serve as a second GNSO representative to the Community Representatives Group that will nominate the Independent Review Process (IRP) Standing Panel.
  2. The GNSO Council instructs the GNSO Secretariat to communicate resolved #1 to the SO/AC Chairs and ICANN.
  3. The GNSO Council instructs the GNSO Secretariat to inform the nominated candidate of the Council's decision.
  4. The GNSO Council requests the GNSO Secretariat to send a response to those applicants who were not nominated, noting that all three candidates were highly qualified, thanking them for their interest and willingness to step forward for this role, and encouraging them to apply for future opportunities as they arise.

Vote results

20210324 – 1

Consent agenda

  • Confirmation of the Recommendations Report to the ICANN Board regarding adoption of relevant Outputs from the New gTLD Subsequent Procedures PDP.

Vote results

20210324 – 2

IANA Naming Functions Contract Amendment

Submitted by: Pam Little

Seconded by: Tomslin Samme-Nlar

Whereas,

  1. On 16 September 2018, the first IANA Function Review (IFR) was convened by the ICANN Board, in compliance with Article 18 of the ICANN Bylaws. The IFR Team (IFRT) published its Initial Report for public comment on 08 October 2020.
  2. The IFRT developed four recommendations, with Recommendation 4 suggesting an amendment to the IANA Naming Function Contract. The IFRT followed the Bylaws required steps regarding contract amendment recommendations found in Section 18.6, which include consultation with the ICANN Board, consultation with the Customer Standing Committee, conducting a public input session for ccTLD and gTLD registry operators, and to conduct a public comment proceeding on the amendment.
  3. Pursuant to the ICANN Bylaws Section 18.6 (b)(i), IFR Recommendations requiring a contract amendment must be approved by a supermajority vote of the ccNSO Council and GNSO Councils.

Resolved,

  1. The GNSO Council approves Recommendation 4 contained in the IFR Final Report, which recommends that Article VII, Section 7.1 (a) of the IANA Naming Function contract be amended to remove this statement, "The relevant policies under which the changes are made shall be noted within each monthly report" be removed from the IANA Naming Function contract.
  2. The GNSO Council requests the GNSO Secretariat to communicate this decision to the Co-Chairs of the IFRT and relevant ICANN staff accordingly.

Vote results

20210324 – 3

Approval of the Charter for the Working Group to Conduct a Policy Development Process to Review the Transfer Policy

Submitted by: Pam Little

Seconded by: Maxim Alzoba

Whereas,

  1. On 12 January 2021, the GNSO Council received the Final Issue Report on a Policy Development Process (PDP) to Review the Transfer Policy. The Final Issue Report included a Draft Charter that incorporated a number of PDP 3.0 Improvements. It also sets out proposed scope of work and recommended a working group structure based on a "representative model".
  2. On 8 February, the GNSO Chair sought input from the chairs of all ICANN Supporting Organizations, Advisory Committees, Stakeholder Groups and Constituencies regarding the proposed membership model, the number of representatives from their community group and timing for launch the proposed PDP.
  3. On 18 February 2021, the GNSO Council passed a resolution to initiate a two-phased PDP to Review the Transfer Policy which will determine if changes to the policy are needed to improve the ease, security, and efficacy of inter-registrar and inter-registrant transfers. During the 18 February 2021 meeting, the Council discussed the Draft Charter and decided to form a small group of Councilors to finalize the Charter, with a focus on the working group membership model and composition.
  4. On 24 February 2021 and 4 March 2021, the Council small team discussed the input received from community groups and considerations such as expertise and technical knowledge of the Transfer Policy, interest in the topic and impact of PDP outcome.
  5. On 12 March 2021, the Council small group completed its work and submitted a final version of the Charter of the PDP to Review the Transfer Policy to the full GNSO Council.

RESOLVED:

  1. The GNSO Council approves the Charter of the PDP to Review the Transfer Policy.
  2. The GNSO Council directs staff to: (a) communicate the results of this motion to the GNSO SG/Cs as well as ICANN SO/ACs and invite them to identify members and alternates for the working group following the working group composition described in the Charter; (b) initiate a call for expressions of interest seeking interested candidates to chair the PDP to Review the Transfer Policy.

Vote results

20210218 – 1

Consent agenda

  • Confirmation of Philippe Fouquart to serve as the GNSO Council liaison to the EPDP 2A.
  • Non-objection from the Council for the EPDP Team to appoint a non-EPDP Team member as vice-chair.
  • Confirmation of the Recommendations Report to the ICANN Board regarding adoption of all recommendations from the Phase 1 Final Report of the Review of All Rights Protection Mechanisms (RPMs) in All gTLDs PDP.

Vote results

20210218 – 2

Initiation of a Policy Development Process to Review the Transfer Policy

Submitted by: Pam Little

Seconded by: Carlton Samuels

Whereas,

  1. The GNSO Council issued a call for volunteers for a Transfer Policy Review Scoping Team on October 3, 2019. The Scoping Team was tasked with providing recommendations on the approach to a potential review and future policy work related to the Transfer Policy; composition of the review team or PDP working group; and scope of the review;
  2. The Transfer Policy Review Scoping Team delivered a Transfer Policy Initial Scoping Paper on April 6, 2020 in which it recommended the GNSO Council instruct ICANN Policy staff to draft a Preliminary Issue Report, outlining, et., the issues described within the Transfer Policy Initial Scoping Paper;
  3. On 24 June 2020 the GNSO Council requested preparation of a Preliminary Issue Report, for delivery as expeditiously as possible, on the issues identified in the Transfer Policy Initial Scoping Paper, to assist in determining whether a PDP or series of PDPs should be initiated regarding changes to the Transfer Policy;
  4. On 20 August 2020, the GNSO Council agreed to extend the timeline for delivery of the Issue Report to 10 October 2020;
  5. ICANN staff published the Preliminary Issue Report on a Policy Development Process to Review the Transfer Policy for public comment on 12 October 2020, with the public comment forum closing on 30 November 2020;
  6. ICANN staff have reviewed the public comments received, published a Report of Public Comments on 14 December 2020 and updated the Issue Report accordingly;
  7. The Final Issue Report on a Policy Development Process to Review the Transfer Policy was delivered to the GNSO Council on 12 January 2021;
  8. The Final Issue Report includes a recommendation that the GNSO Council proceed with a two-phased Policy Development Process (PDP) that will address the following topic areas in sequence:
    • Phase 1(a): Form of Authorization (including Rec. 27, Wave 1 FOA issues) and AuthInfo Codes
    • Phase 1(b): Change of Registrant (including Rec. 27, Wave 1 Change of Registrant issues)
    • Phase 2: Transfer Emergency Action Contact and reversing inter-registrar transfers, Transfer Dispute Resolution Policy (including Rec. 27, Wave 1 TDRP issues), NACKing transfers, ICANN-approved transfers
  9. The General Counsel of ICANN has indicated that the topics recommended for review are properly within the scope of the ICANN policy process and the GNSO.

RESOLVED:

  1. The GNSO Council hereby initiates a two-phased PDP to Review the Transfer Policy which will determine if changes to the policy are needed to improve the ease, security, and efficacy of inter-registrar and inter-registrant transfers.
  2. The GNSO Council requests that the PDP Working Group be convened as soon as possible after the adoption of the PDP Working Group Charter in order to fulfill the requirements of this PDP.

Vote results

20210218-3

Adoption of the Policy Development Process on New gTLD Subsequent Procedures Final Report

Submitted by: Flip Petillion

Seconded by: Kurt Pritz

WHEREAS

  1. On 17 December 2015 the GNSO Council resolved to initiate a PDP to consider and analyze issues discussed in the Final Issue Report on New gTLD Subsequent Procedures (SubPro PDP) to determine whether changes or adjustments to the existing policy recommendations in the Final Report on the Introduction of New Generic Top-Level Domains from 08 August 2007 are needed.
  2. On 21 January 2016 the GNSO Council approved the Charter for the SubPro PDP and directed ICANN staff to issue a call for volunteers for the SubPro PDP Working Group.
  3. After initiating a call for community comment in June of 2016 (Community Comment 1), the SubPro PDP divided its work into four Work Tracks culminating in a second call for community comment (Community Comment 2) in March of 2017, that provided an insight into the work of each of the initial four Work Tracks, and asked a series of questions of the community for further consideration.
  4. In November of 2017, a fifth Work Track (WT5) was created solely for the purpose of examining the issues related to Geographic Names as the Top Level. In recognition of the broad interest in the topic and to encourage participation from the ICANN community, it was set up to include four WT5 leaders, one each from the GNSO, ccNSO, GAC and At-Large.
  5. The SubPro PDP has followed the prescribed PDP steps as stated in the Bylaws, including the publication of the following Reports for public comment:
    1. an Initial Report on 08 July 2018 for public comment.
    2. a Supplemental Initial Report on 30 October 2018, covering certain issues not included in the Initial Report.
    3. a Supplemental Initial Report on Geographic Names at the Top Level on 5 December 2018.
    4. a Draft Final Report on 20 August 2020.
  6. On 18 January 2021, the SubPro PDP Working Group submitted its Final Report to the Council for its consideration.
  7. On 21 January 2021, the GNSO Council received a high-level briefing of the Final Report by the GNSO Council Liaison to the SubPro PDP Working Group.
  8. On 28 January 2021, the GNSO Council Liaison to the SubPro PDP Working Group and its Co-Chairs held a webinar, directed at the GNSO Council, to discuss the Final Report's 41 Topics, which included hundreds of Affirmations, Recommendations and Implementation Guidance (Collectively referred to as "Outputs") in more detail.
  9. Each of the Outputs in the following topics obtained a Full Consensus designation (Topics 1, 5, 6, 7, 8, 10, 11, 13, 14, 16, 19, 20, 22, 23, 25, 26, 28, 31, 32, 33, 36, 37, 38, 39, and 40).
  10. Each of the following topics received an overall designation of Consensus, with all of the Outputs obtaining at least a Consensus designation (Topics 2, 3, 4, 9, 12, 15, 17, 18, 21, 24, 27, 29, 30, 34, and 41).
  11. One Topic obtained a Strong Support but Significant Opposition designation (#35); However, within that one Topic, three of the five Outputs obtained a Consensus designation, and two of the five Outputs, Recommendations 35.2 and 35.4, obtained the designation Strong Support but Significant Opposition.
  12. While not seeking to affirm that the status quo prevails in any particular instance, the GNSO Council notes that the Working Group operated under the assumption that, in the event the Working Group was unable to reach consensus in recommending an alternate course of action, the "status quo" should remain in place as a default position, with the status quo consisting of the 2007 policy, the final Applicant Guidebook, and any implementation elements that were put into practice in the 2012 application round.
  13. The GNSO Council notes that Topic 23: Closed Generics was identified as an Output category of No Agreement, which did achieve Full Consensus. However, the GNSO Council believes No Agreement is functionally equivalent to the designation of Divergence as detailed in the GNSO Working Group Guidelines, meaning that the Working Group was unable to reach consensus in recommending an alternate course of action. The GNSO Council further notes that especially as it relates to Topic 23: Closed Generics, there were diverging interpretations within the Working Group of what constitutes the "status quo".
  14. Given the large number of topics and the interdependency of many of the subjects, the SubPro PDP Working Group recommends that all Outputs be considered as one package by the GNSO Council and subsequently the ICANN Board, notwithstanding any Outputs that did not achieve Consensus or Full Consensus.

RESOLVED

  1. The GNSO Council approves, and recommends that the ICANN Board adopt, the Affirmations, Recommendations, and Implementation Guidance (Collectively referred to as "Outputs") that were determined to have received either Full Consensus or Consensus designations as documented in the SubPro PDP Working Group's Final Report
  2. Recognizing that nearly a decade has passed since the opening of the 2012 round of new gTLDs, the GNSO Council requests that the ICANN Board consider and direct the implementation of the Outputs adopted by the GNSO Council without waiting for any other proposed or ongoing policy work unspecific to New gTLD Subsequent Procedures to conclude, while acknowledging the importance of such work.
  3. Further, the GNSO Council requests that the ICANN Board initiate an Operational Design Phase on the Final Report of the SubPro Working Group and its Outputs as soon as possible, to perform an assessment of GNSO Council recommendations in order to provide the Board with relevant operational information to facilitate the Board's determination, in accordance with the Bylaws, on the impact of the operational impact of the implementation of the recommendations, including whether the recommendations are in the best interests of the ICANN community or ICANN.
  4. The GNSO Council requests that the ICANN Org convene an Implementation Review Team to work on the implementation of these Outputs. The Implementation Review Team will be tasked with assisting ICANN org in developing the implementation details for the New gTLD Program, evaluating the proposed implementation of the Outputs as approved by the Board, and working with ICANN staff to ensure that the resultant implementation conforms to the intent of the approved Outputs. The Implementation Review Team shall operate in accordance with the Implementation Review Team Principles and Guidance approved by the GNSO Council in June 2015.
  5. The GNSO Council extends its sincere appreciation to the Co-Chairs, Cheryl Langdon-Orr and Jeffrey Neuman, as well as past Co-Chair Avri Doria, the SubPro PDP Work Track leaders, the SubPro Working Group members and support staff of the SubPro PDP for their tireless efforts these past five years to deliver this Final Report.

Vote results

20210121 – 1

CONSENT AGENDA

Motion - Appointment of a GNSO Non-Registry Liaison to the Customer Standing Committee

Submitted by: Carlton Samuels

Seconded by: Tatiana Tropina

Whereas,

  1. The existing GNSO Non-Registry Liaison to the Customer Standing Committee James Gannon was nominated to serve a two-year term beginning 1 October 2019.
  2. The Liaison stepped down from the role as of ICANN69 due to his appointment to the PTI Board.
  3. On 9 November 2020, the GNSO launched an Expression of Interest (EOI) process via email to the GNSO Stakeholder Groups and Constituencies to solicit volunteers to serve in the Liaison role for the remainder of the current term.
  4. The GNSO Council tasked the GNSO Standing Selection Committee (SSC) with reviewing applications and recommending one individual for the GNSO to appoint.
  5. The SSC reviewed the one application received, taking into account the criteria outlined in the EOI announcement.
  6. The SSC submitted its full consensus recommendation to the GNSO Council on 11 January 2021, by way of submission of the relevant motion.
  7. The GNSO Council considered the recommendations of the SSC.

Resolved,

  1. The GNSO appoints Milton Mueller to serve as GNSO Non-Registry Liaison to the Customer Standing Committee.
  2. The GNSO Council instructs the GNSO Secretariat to communicate resolved #1 to staff supporting the Customer Standing Committee.
  3. The GNSO Council instructs the GNSO Secretariat to inform the appointed candidate that he has been selected.

Vote results

 

Motion - Nomination of a Mentor for the ICANN Fellowship Program

Submitted by: Carlton Samuels

Seconded by: Tatiana Tropina

Whereas,

  1. On 16 November 2020, the ICANN Fellowship Program invited ICANN's Supporting Organizations and Advisory Committees to nominate one individual each (total of 7) to serve in the capacity of Fellowship Program mentor for three consecutive ICANN meetings, beginning with ICANN72 (see https://www.icann.org/news/announcement-2020-11-16-en)
  2. On 3 December 2020, the GNSO launched an Expression of Interest (EOI) process to solicit volunteers for the GNSO-nominated mentor position (seehttps://gnso.icann.org/en/announcements/announcement-03dec20-en.htm).
  3. The GNSO Council tasked the GNSO Standing Selection Committee (SSC) with reviewing applications and recommending one individual for the GNSO to nominate.
  4. The SSC reviewed the applications received, taking into account the criteria outlined in the EOI announcement.
  5. The SSC submitted its full consensus recommendation to the GNSO Council on 11 January 2021, by way of submission of the relevant motion.
  6. The GNSO Council considered the recommendations of the SSC.

Resolved,

  1. The GNSO nominates Farell Folly to serve as a ICANN Fellowship Program mentor for three consecutive ICANN meetings, beginning with ICANN72.
  2. The GNSO Council instructs the GNSO Secretariat to communicate resolved #1 to staff supporting the ICANN Fellowship Program.
  3. The GNSO Council instructs the GNSO Secretariat to inform the nominated candidate that he or she has been selected.
  4. The GNSO Council requests the GNSO Secretariat to send a response to those applicants who were not nominated, thanking them for their interest and encouraging them to apply for future opportunities as they arise.

Vote results

 

Motion - Appointment of a GNSO Representative to the Community Representatives Group that will nominate the Independent Review Process (IRP) Standing Panel.

Submitted by: Carlton Samuels

Seconded by: Tatiana Tropina

Whereas,

  1. The SO/AC Chairs have agreed to the formation of a Community Representatives Group to select nominees for the Bylaws-mandated Independent Review Process (IRP) Standing Panel.
  2. On 18 November 2020, ICANN, in consultation with the SO/ACs, opened an Expression of Interest process to solicit volunteers for the Community Representatives Group (https://www.icann.org/news/announcement-2020-11-18-en) with the understanding that Expressions of Interest would be reviewed by the specific SO/ACwhose endorsement was requested by the applicant.
  3. The GNSO SG/C Chairs and GNSO Council Leadership agreed that the SSC should be deployed to select the GNSO's Representative(s) to the Community Representatives Group.
  4. The SG/C Chairs provided written guidance for the SSC to support the selection process.
  5. The SSC reviewed the application received, taking into account the guidance provided by the SG/C Chairs.
  6. The SSC submitted its full consensus recommendation to the GNSO Council on 11 January 2021, by way of submission of the relevant motion.
  7. The GNSO Council considered the recommendations of the SSC.

Resolved,

  1. The GNSO appoints Heather Forrest to serve as a GNSO Representative to the Community Representatives Group that will nominate the Independent Review Process (IRP) Standing Panel.
  2. The GNSO Council instructs the GNSO Secretariat to communicate resolved #1 to the SO/AC Chairs and ICANN.
  3. The GNSO Council instructs the GNSO Secretariat to inform the nominated candidate of the Council's decision.

Vote results

20210121 – 2

Motion - GNSO Council Input on Recommendation 7 of the Expedited Policy Development Process (EPDP) on the Temporary Specification for gTLD Registration Data Phase 1 Final Report and Thick Whois Transition Policy (Deferred from the 17 December 2020 Meeting)

Submitted by: Pam Little

Seconded by: John McElwaine

WHEREAS

  1. The Thick RDDS (Whois) Transition Policy for .COM, .NET and .JOBS (Thick Whois Transition Policy) is an ICANN consensus policy resulting from the implementation of the policy recommendations in the Final Report on the Thick WHOIS Policy Development Process ("Thick Whois PDP").
  2. Section 16 of ANNEX 2: Policy Development Process Manual to the GNSO Operating Procedures v3.5 provides: "Approved GNSO Council policies that have been adopted by the ICANN Board and have been implemented by ICANN Staff may only be amended by the initiation of a new PDP on the issue."
  3. On 17 May 2018, the ICANN Board adopted the Temporary Specification for gTLD Registration Data ("Temporary Specification").
  4. On 19 July 2018, the GNSO Council initiated an Expedited Policy Development Process ("EPDP") and chartered the EPDP on the Temporary Specification for gTLD Registration Data Team to determine if the Temporary Specification should become an ICANN consensus policy as is, or with modifications (emphasis added).
  5. Recommendation #7 in the EPDP Phase 1 Final Report ("Final Report") makes transfer of registrant contact information optional, depending on whether the registry operator in question has an appropriate legal basis to require the data and a data processing agreement is in place.
  6. To the extent the Thick Whois Transition Policy is modified by Recommendation #7, the EPDP Team recommends the Thick Whois Transition Policy and other impacted consensus policies be updated to ensure consistency (see Recommendation #27 of the Final Report).
  7. Recommendation #7 was developed in response to the questions in Section C of the EPDP Charter, with a consensus designation of "Full Consensus / Consensus" (see Annex E of the Final Report).
  8. On 4 March 2019, the GNSO Council adopted all the policy recommendations in the Final Report, including Recommendation #7, with the required GNSO Supermajority.
  9. On 15 May 2019, the ICANN Board passed a resolution adopting most of the policy recommendations contained in the Final Report, including Recommendation #7 and noting Recommendation #7 does not repeal or overturn the Thick WHOIS Policy [sic] and directed "ICANN org to work with the Implementation Review Team to examine and transparently report on the extent to which these Recommendations require modification of existing Consensus Policies, including the Thick WHOIS Transition Policy".
  10. Section 7 of Annex A-1 to the ICANN Bylaws provides: "Upon a final decision of the Board adopting the EPDP recommendations, the Board shall, as appropriate, give authorization or direction to ICANN staff to implement the EPDP Recommendations. If deemed necessary, the Board shall direct ICANN staff to work with the GNSO Council to create a guidance implementation plan, based upon the guidance recommendations identified in the Final EPDP Recommendation(s) Report."
  11. Section III. A of the Consensus Policy Implementation Framework provides: The GNSO Council may continue to provide input on the implementation of a policy, for example, if the GNSO Council believes that the implementation is inconsistent with the policy [recommendation]".

RESOLVED

  1. The GNSO Council confirms that the EPDP had the mandate to modify the Thick Whois Transition Policy under the EPDP
  2. The GNSO Council determines that in light of the EPDP being chartered by the GNSO Council, among other things, to address the questions in Part 2(c) under "Mission and Scope" to specifically address the transfer of data from registrar to registry, the resulting recommendation #7 appropriately fulfills this purpose. Furthermore, the requirement of Section 16 of the PDP Manual is deemed satisfied for the purpose of amending the Thick Whois Transition Policy.
  3. The GNSO Council determines, notwithstanding the absence of a clear statement, the intent of EPDP Phase 1 Recommendation #7 to modify the Thick Whois Transition Policy is implied, taking into account the history, background, context and purpose of the EPDP, the specific language of Recommendation #7 and the EPDP Phase 1 Final Report in its entirety.
  4. The GNSO Council determines that the Recommendation #7 language, "must be transferred from registrar to registry provided an appropriate legal basis exists and data processing agreement is in place" should be included in the Registration Data Policy in order to conform with the intent of the EPDP Phase 1 Team's policy recommendation and the subsequent GNSO Council adoption ("GNSO Council Input").
  5. The GNSO Council instructs the Council's Liaison to communicate the GNSO Council Input to the Registration Data Policy Implementation Review Team pursuant to Section III.A of the Consensus Policy Implementation Framework.
  6. 6. The GNSO Council shall communicate the GNSO Council Input to the ICANN Board of Directors.

RATIONALE

The Thick Whois PDP Final Report anticipated that its recommendations might be affected by evolving privacy regulation. In particular, Recommendation 3 states,

"As part of the implementation process a legal review of law applicable to the transition of data from a thin to thick model … due consideration is given to potential privacy issues that may arise from the discussions on the transition from thin to thick Whois … Should any privacy issues emerge from these transition discussions that were not anticipated by the WG and which would require additional policy consideration, the Implementation Review Team is expected to notify the GNSO Council of these so that appropriate action can be taken."

In addition, the implementation advice ("Other Observations") mentions in part,

"...the increasing number of data protection and privacy laws and regulations around the world, as well as specific Whois-related concerns raised by the public. While recognizing that this exceeds the scope of our remit, we suggest that, as part of the development of the registration data directory system model currently in process, ICANN ensure that the ramifications of data protection and privacy laws and regulations with respect to Whois requirements be examined thoroughly."

In effect, the Temporary Specification and the EPDP accomplished the legal review of the ramifications of data protection laws required by Recommendation 3 of the Thick Whois PDP Final Report.

The requirements set out in the Temporary Specification supersede and replace the contractual requirements in the Registrar Accreditation Agreement and the Registry Agreements, which incorporate by reference all ICANN consensus policies.

There is a conflict between the data processing principles under the Temporary Specification and the requirements under existing gTLD Registry Agreements as well as the Thick Whois Transition Policy. In other words, the Thick Whois Transition Policy was modified by the Temporary Specification and further modified by Recommendation #7 in the EPDP Phase 1 Final Report, as the EPDP Team was mandated to do.

While there is no explicit reference to the Thick Whois Transition Policy, this consensus policy and others that are affected by the GDPR and other relevant data privacy laws fell squarely within the scope of the Temporary Specification and hence they are also within the scope of the EPDP. The EPDP Charter states:

"Mission and Scope

This EPDP Team is being chartered to determine if the Temporary Specification for gTLD Registration Data should become an ICANN Consensus Policy, as is or with modifications, while complying with the GDPR and other relevant privacy and data protection law. As part of this determination, the EPDP Team is, at a minimum, expected to consider the following elements of the Temporary Specification and answer the following charter questions. The EPDP Team shall consider what subsidiary recommendations it might make for future work by the GNSO which might be necessary to ensure relevant Consensus Policies, including those related to registration data, are reassessed to become consistent with applicable law."

Specifically, Section C of the EPDP Charter contains a set of questions regarding "transfer of data from registrar to registry":

c1) What data should registrars be required to transfer to the registry?

c2) What data is required to fulfill the purpose of a registry registering and resolving a domain name?

c3) What data is transferred to the registry because it is necessary to deliver the service of fulfilling a domain registration versus other legitimate purposes as outlined in part (a) above?

c4) Is there a legal reason why registrars should not be required to transfer data to the registries, in accordance with previous consensus policy on this point?

c5) Should registries have the option to require contact data or not?

c6) Is there a valid purpose for the registrant contact data to be transferred to the registry, or should it continue to reside at the registrar?

While the Final Report does not contain express language that the policy recommendations are intended to supersede the requirements in the existing ICANN consensus policies, in this case, the Thick Whois Transition Policy, such intent is implied (i.e., it goes without saying in light of the history, background, context and purpose of the EPDP).

The EPDP was conducted in an open and transparent manner with representatives from all GNSO Stakeholder Groups and Constituencies, as well as some ICANN Advisory Committees. As such, Recommendation #7 cannot be considered to be a "shadow repeal" of the Thick Whois Transition Policy.

The recommendations contained in the Thick WHOIS PDP Final Report anticipated that the implementation of those recommendations might be affected by new privacy regulations and the GNSO should address such an occurrence. Therefore, while there is no "clear statement in new consensus policy recommendations that the new policy is intended to supersede (in whole or part) requirements in existing consensus policies," claiming otherwise ignores the history, background, context, purpose of the EPDP as well as the Thick Whois PDP Final Report itself.

The intent and meaning of Recommendation #7 is clear. It is the role of the Implementation Review Team (IRT) to ensure that the implementation of Recommendation #7 conforms to the intent of the policy recommendation. The IRT is not a forum for opening or revisiting policy discussions (see III.A and III.B, Implementation Review Team (IRT) Principles and Guidelines https://www.icann.org/resources/files/1201611-2016-08-23-en).

The Policy Development Process Manual makes clear that "Approved GNSO Council policies that have been adopted by the ICANN Board and have been implemented by ICANN Staff may only be amended by the initiation of a new PDP on the issue." It can therefore be concluded that where there is a conflict between an existing consensus policy and subsequent policy recommendation(s) on the same subject matter, the newer policy recommendation prevails. While the EPDP was scoped differently and under different circumstances than the Thick Whois PDP, it is undeniable that the two policy development processes overlapped in covering the same issue of transfer of Registration Data from registrar to registry, and therefore, the IRT should implement Recommendation #7 as written and intended.

Vote results

20210121 – 3

Motion - Approve the Recommendations from the Phase 1 Final Report of the GNSO Policy Development Process (PDP) on the Review of All Rights Protection Mechanisms (RPMs) in All gTLDs, covering RPMs applicable to gTLDs launched under the 2012 New gTLD Program.

Submitted by: John McElwaine

Seconded by: Maxim Alzoba

WHEREAS:

  1. On 18 February 2016, the GNSO Council resolved to initiate a two-phased Policy Development Process (PDP), to review all existing rights protection mechanisms (RPMs in all gTLDs.
  2. On 9 March 2016, the GNSO Council approved the PDP Charter, thereby initiating Phase One of the PDP that focused on the RPMs developed for the 2012 New gTLD Program.
  3. The PDP Working Group has followed all the necessary steps and processes required by the ICANN Bylaws, the GNSO PDP Manual and the GNSO Working Group Guidelines, including the publication of an Initial Report for public comment (on 18 March 2020) and consideration of the public comments received thereto.
  4. On 24 November 2020, the PDP Working Group submitted its Final Report to the GNSO Council for its review and action.
  5. The PDP Working Group has reached Full Consensus for thirty-four (34) out of the thirty-five (35) final recommendations documented in the Final Report, and Consensus for the remaining one (1) final recommendation (concerning Final Recommendation #1 for the Trademark Clearinghouse).

RESOLVED:

  1. The GNSO Council approves, and recommends that the ICANN Board adopt, all thirty-five (35) final PDP recommendations as documented in the PDP Working Group's Final Report.
  2. Should the PDP recommendations be adopted by the ICANN Board, the GNSO Council requests that ICANN org convene an RPM Implementation Review Team, to assist ICANN org in developing the implementation details for the PDP recommendations and ensure that the resultant implementation conforms to the intent of the approved recommendations. The Implementation Review Team shall operate in accordance with the Implementation Review Team Principles and Guidance approved by the GNSO Council in June 2015.
  3. The GNSO Council thanks all the various Co-Chairs and members of the PDP Working Group for their commitment and hard work in completing Phase One of this PDP.

Vote results