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CONSENT AGENDA
Motion to Defer for a Further 6 Months the Next Steps of Phase Two of the Review of All Rights Protection Mechanisms (RPMs) in All New gTLDs Policy Development Process (PDP)
Submitted by: Greg DiBiase
(updated with the friendly amendment proposed by Susan Payne and accepted by Greg DiBiase)
WHEREAS,
- This PDP is being conducted in two phases: Phase One focused on a review of all the RPMs that were developed for the 2012 New gTLD Program, and Phase Two will focus on issues identified in respect of the Uniform Dispute Resolution Policy (UDRP);
- ICANN’s Board of Directors approved all Phase One consensus recommendations in January 2022;
- Discussions of the GNSO Council in its 2022 meetings indicated support to delay next steps on Phase Two and that the delay should be tied to the completion or key milestones for the Implementation Review Team (IRT) once it is launched;
- The Phase One IRT was launched in December 2022 with a projected end date of December 2024;
- During its meeting on 16 February 2023, the GNSO Council agreed to defer next steps on the RPMs PDP Phase Two for 18 months and to provide a rationale for its decision;
- The GNSO Council leadership posted a rationale for the decision to defer to the Council email distribution list on 04 April 2023.
- In October 2024, GNSO support staff advised the GNSO Council leadership of staff estimates that the implementation of RPMs Phase One would be delayed until the third quarter of 2025.
- The GNSO Council leadership posted [insert link] a revised rationale for the additional deferral of RPMs Phase Two on [insert date].
RESOLVED,
- The GNSO Council adopts the motion to defer next steps on Phase Two of the RPMs PDP – specifically the launch of a Charter Drafting Team and an updated Policy Status Report (PSR) on the UDRP to inform the Team’s work – for an additional 6-month period beginning on 17 October 2024.
- The GNSO Council may revise the deferral period depending on the progress of the IRT via an adopted motion.
- The GNSO Council leadership directs GNSO Policy Support Staff to notify ICANN org Global Domains & Strategy of the deferral.
20241113-2
Motion to Adopt the Charter for the Standing Committee on Continuous Improvements (SCCI) (formerly the Council Committee for Overseeing and Implementing Continuous Improvement [CCOICI])
Submitted by: Greg DiBiase
Seconded by: Jennifer Chung
WHEREAS,
- On 16 June 2021, the GNSO Council initiated the Council Committee for Overseeing and Implementing Continuous Improvement (“CCOICI”) Framework as a pilot to administer the GNSO’s work that is focused on structural, procedural, and process improvements, rather than policy development.
- The pilot handled the following assigned tasks: 1) GNSO Working Group Self-Assessment (WGSA) Requirements; 2) GNSO Statement of Interest (SOI) Requirements; and 3) Assessment of Accountability Work Stream 2 (WS2) Requirements.
- When the pilot concluded, the Framework was reevaluated through a survey conducted by all relevant ICANN Community Stakeholder Groups and Constituencies (“SG/Cs”) during February-March 2024.
- The survey determined the CCOICI to be the appropriate mechanism to deal with such issues and to continue with its work following the revision of its charter focusing on the improvements to its membership structure and the decision-making process. The GNSO Council approved of this work to start in May 2024
- In revising the draft charter for a permanent standing committee, the Team considered elements such as scope of work and its future assignments, membership and leadership structure of the CCOICI and its Task Forces (TFs), and the decision-making methodology.
- The members of the CCOICI agreed to change the name of their group to the Standing Committee on Continuous Improvements (SCCI) as reflected in the charter.
RESOLVED,
- The GNSO Council adopts the SCCI charter.
- The GNSO Secretariat notifies the SCCI that the GNSO Council has adopted the SCCI charter.
- The GNSO Secretariat publishes the Call for Volunteers for Members, Board Liaisons, and Observers per the membership structure in the SCCI charter.
20241113-3
Motion – Adoption of the Expedited Policy Development Process on the Internationalized Domain Names Phase 2 Final Report and Outputs
Submitted by: Manju Chen
Seconded by: Jennifer Chung
WHEREAS:
- On 20 May 2021, the GNSO Council initiated the Expedited Policy Development Process on Internationalized Domain Names (EPDP-IDNs) and approved its charter.
- On 17 November 2022, the GNSO Council approved the Project Change Request submitted by the EPDP-IDNs Team to bifurcate its work into two phases, with Phase 1 covering topics related to top-level gTLD definition and variant management and Phase 2 covering issues pertaining to second-level variant management.
- On 21 December 2023, the GNSO Council adopted all sixty-nine (69) Outputs [fifty-eight (58) final recommendations and eleven (11) implementation guidance] for Phase 1 pertaining to gTLD definition and variant management, followed by the ICANN Board approving fifty-six (56) of the fifty-eight (58) final recommendations as of 7 September 2024.
- In December 2023, the EPDP-IDNs Team completed its Phase 2 initial deliberations that began in April 2023, aided greatly by the dedicated face-to-face workshop in Kuala Lumpur, Malaysia.
- On 11 April 2024, the EPDP-IDNs Team published its Phase 2 Initial Report for Public Comment, which closed on 21 May 2024, carefully reviewed all comments received and made revisions, as appropriate.
- On 2 October 2024, the EPDP-IDNs Team reached Full Consensus on all of its twenty (20) final Outputs, including fourteen (14) recommendations and six (6) implementation guidance, documented in the Phase 2 Final Report.
- On 7 October 2024, the EPDP-IDNs Team submitted its Phase 2 Final Report to the GNSO Council for its review and action.
RESOLVED:
- The GNSO Council approves, and recommends that the ICANN Board adopt, all fourteen (14) final recommendations as documented in the EPDP-IDNs Phase 2 Final Report.
- Should the final recommendations be adopted by the ICANN Board, the GNSO Council requests that ICANN org convene an IDN Implementation Review Team (IRT), or leverage an existing IRT, to assist ICANN org in developing the implementation details for the Phase 2 final recommendations and ensure that the resultant implementation conforms to the intent of the approved recommendations. The IRT shall operate in accordance with the IRT Principles and Guidance approved by the GNSO Council in June 2015.
- The GNSO Council thanks the leadership, members, participants, and liaisons to the EPDP-IDNs Team for their commitment and hard work in completing the Phase 2 effort of this EPDP.
20241113-4
(updated as friendly - agreed upon by Greg DiBiase and Mark Datysgeld)
Motion - Initiation of a Policy Development Process for Latin Script Diacritics
Submitted by: Greg DiBiase
Seconded by: Mark Datysgeld
Whereas,
- On 16 May 2024, the GNSO Council passed a motion, requesting ICANN’s Policy Support Staff to draft a Preliminary Issue Report on Latin Script Diacritics;
- ICANN Staff published thePreliminary Issue Report on a Policy Development Process for Latin Script Diacritics for public comment on 18 July 2024, with the public comment forum closing on 27 August 2024, receiving 41 submissions;
- ICANN staff have reviewed the forty-one (41)public comments received and published aPublic Comment Summary Report on 10 September 2024;
- TheFinal Issue Report on a Policy Development Process for Latin Script Diacritics was delivered to the GNSO Council on 12 September 2024;
- ICANN Staffpresented the Final Issue Report and discussed the draft Charter with Council at the 17 October 2024 GNSO Council meeting; and,
- As indicated in the Final Issue Report, 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:
- The GNSO Council hereby initiates a PDP for Latin Script Diacritics;
- 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; and,
- The completion of this PDP is not a dependency for the launch of the application process for new gTLDs. The outputs of this PDP will be governed by the terms of Sub Pro Recommendations 3.6 and 3.7
20240919-1
CONSENT AGENDA
Motion to Replace ANNEX 6: Registries Stakeholder Group and Registrars Stakeholder Group Process to Select ICANN Board Seat #13 Candidates, in the GNSO Operating Procedures
Submitted by: Nacho Amadoz
WHEREAS,
- In September 2024, the Registries Stakeholder Group and Registrars Stakeholder Group will begin the process to select a new ICANN Board Seat #13 Candidate.
- In advance of this process, the Registries Stakeholder Group and Registrars Stakeholder Group, undertook a joint review of the existing process to select a new ICANN Board Seat #13 Candidate in Annex 6 to ensure it was clear, effective, and appropriately balanced between Stakeholder Groups.
- The review noted that the current Annex 6 procedure was very vague, imbalanced between the Stakeholder groups, and didn’t provide stability for future selection processes.
- The proposed replacement for Annex 6 is intended to offer continuity in the selection process, prevent potential gaming of the process, provide balance between the Stakeholder groups, and encourage the selection of a consensus candidate.
RESOLVED,
- The GNSO Council requests that the GNSO Operating Procedures be updated to include the new proposed Annex 6 process for immediate use by the Registries Stakeholder Group and Registrar Stakeholder Group to begin their selection process.
20240919-2
CONSENT AGENDA
Approval of the 2024 Customer Standing Committee (CSC) Slate of Members and Liaisons
Submitted by: Nacho Amadoz
Whereas,
- The Customer Standing Committee (CSC) was established as one of the post IANA Transition entities and conducted its first meeting on 6 October 2016.
- In accordance with Section 17.2 (d) of the ICANN Bylaw and per the CSC Charter, the full membership of the CSC must be approved by the GNSO Council.
- On 31 July 2024, the GNSO Council received a letter from ICANN org staff supporting the CSC, requesting that the GNSO Council approve the CSC slate of members and liaisons:
Members:
Dmitry Burkov (EU)
Appointing Organization: RySG
Term: 1 October 2023 - 30 September 2025
Federico Neves (LAC)
Appointing Organization: ccNSO
Term: 1 October 2023 - 30 September 2025
Pablo Rodriguez (NA)
Appointing Organization: ccNSO
Term: 1 October 2024 - 30 September 2026
Rick Wilhelm (NA)
Appointing Organization: RySG
Term: 1 October 2024 - 30 September 2026
Liaisons:
Joe Abley
Appointing Organization: SSAC
Term: 1 October 2024 - 30 September 2026
Tracy Hackshaw
Appointing Organization: GAC
Term: 1 October 2024 - 30 September 2026
Hiro Hotta
Appointing Organization: RSSAC
Term: 1 October 2024 - 30 September 2026
Milton Mueller
Appointing Organization: GNSO (Non-Registry)
Term: 1 October 2023 - 30 September 2025
Holly Raiche
Appointing Organization: ALAC
Term: 1 October 2023 - 30 September 2025
Amy Creamer
Appointing Organization: PTI
Term: No term limit
ASO has advised that it will not send a liaison to the CSC for the 2024 slate.
Alternates:
Maarten Aertsen
Appointing Organization: SSAC
Term: 1 October 2024 – 30 September 2026
Gloria Atwine Katuuku
Appointing Organization: GAC
Term: 1 October 2024 – 30 September 2026
Ejikeme Egbuogu
Appointing Organization: ALAC
Term: 1 October 2023 – 30 September 2025
John Gbadamosi
Appointing Organization: GNSO (Non-Registry)
Term: 1 October 2023 – 30 September 2025
Daniel Migault
Appointing Organization: RSSAC
Term: 1 October 2024 – 30 September 2026
Nicklas Pousette
Appointing Organization: ccNSO
Term: 1 October 2024 – 30 September 2025
Resolved,
- The GNSO Council approves the 2024 CSC slate of members and liaisons.
- The GNSO Council requests that the GNSO Secretariat notify ICANN Org staff supporting the CSC no later than 25 September 2024 that the GNSO has approved the 2024 CSC slate of members and liaisons.
20240919-3
(Updated with friendly amendment)
Motion to Approve Supplemental Recommendations for the Non-Adopted Topic 24: String Similarity Evaluation SubPro Recommendations
Submitted by: Paul McGrady
Seconded by: Susan Payne
WHEREAS,
- The GNSO Council adopted the Final Report of the New gTLD Subsequent Procedures (SubPro) PDP on 18 February 2021.
- On 16 March 2023, the ICANN Board adopted the majority of the SubPro Outputs, as identified in Section A of the Scorecard, while designating a select set of recommendations as pending, identified in Section B of the Scorecard.
- The GNSO Council established a small team to carefully review the pending SubPro recommendations and identify the best path forward to seek to resolve the issues that were preventing Board adoption of the pending recommendations.
- For certain pending SubPro recommendations needing further community input, the GNSO Council established a Small Team Plus, consisting of GNSO Councilors and community members.
- Leveraging the small team and the Small Team Plus, the GNSO Council was able to address the vast majority of pending recommendations, through a combination of dialogue with the ICANN Board, issuing two Clarifying Statements, and adopting several Supplemental Recommendations during its April 2024 meeting.
- During the Council's April 2024 meeting, the Council elected to pursue further amendments to the Supplemental Recommendations related to Topic 24: String Similarity Evaluations, and accordingly, removed the relevant Supplemental Recommendations from consideration.
- The Small Team Plus was reconvened to consider a draft proposal put forth by ICANN org to allow for singular and plurals of the same word in the same language to be identified and rejected or placed into a contention set.
- The Small Team Plus developed a Supplemental Recommendation that allows for the identification of singular and plurals of the same word in the same language, and subsequent rejection or placement into a contention set. While the Small Team Plus considered the creation of an exception procedure, the Small Team Plus ultimately agreed on no exceptions.
- On September 9, 2024, the Supplemental Recommendation regarding Topic 24: String Similarity Evaluations were shared with the GNSO Council.
- Attached to the Supplemental Recommendation document as Annex 2 is the Small Team Plus’ explanation for the Supplemental Recommendation as well as a Minority Statement and a Plurality Statement.
RESOLVED,
- The GNSO Council approves the Supplemental Recommendation for the non-adopted SubPro recommendations related to Topic 24: String Similarity Evaluations set forth on Annex 1 and instructs the GNSO Secretariat to transmit the Supplemental Recommendation to the ICANN Board.
- The GNSO Council has been made aware of Minority and Plurality Views to the Supplemental Recommendation and, while not adopted by the Council, instructs the GNSO Secretariat to transmit these views to the ICANN Board for the Board’s information.
20240919-4
(Updated with friendly amendment)
Registration Data Accuracy Scoping Team Recommendations #1 and #2
Submitted by: Nacho Amadoz
Seconded by: Susan Payne
Whereas, the GNSO Council resolved on 17 November 2022 to defer consideration of Recommendations #1 and #2 of the Registration Data Accuracy Scoping Team until such time as the Data Processing Agreement (DPA) negotiations between ICANN org and Contracted Parties have completed and there is feedback from ICANN org on if/how it anticipates the requesting and processing of registration data will be undertaken in the context of measuring accuracy, or for six months, whichever is the shorter;
Whereas, recommendation #1 from the Scoping Team recommended ICANN org to carry out a voluntary registrar survey regarding registrar practices for data accuracy;
Whereas, recommendation #2 from the Scoping Team recommended ICANN org to conduct a registrar audit;
Whereas the ICANN Board requested ICANN staff to prepare specific scenarios for which it would consult with the European Data Protection Board (EDPB) concerning the proposed data processing under the General Data Protection Regulation (GDPR).
Whereas, ICANN org proposed four scenarios, which included those proposed in recommendations #1 and #2 from the Scoping Team, on which it conducted a comprehensive assessment, and provided its“Assessment on Registration Data Accuracy Scenarios” on 19 October 2023. ICANN org draws the following conclusions:
- It is unclear whether [the scenarios] would provide useful data to inform the Accuracy Scoping Team’s efforts;
- The scenarios are not expected to provide data as it relates to identity verification of the registrant or veracity of the contact information (i.e., the data belongs to the data subject);
- The costs associated with a full-scale registrar audit [Scoping Team Recommendation #2] may be prohibitive when taking into account the relatively low level of insight the audit may yield;
- There is a concern that ICANN does not have the authority to mandate collection of nonpublic registration data necessary to conduct reviews outside of auditing current contractual requirements; and
- ICANN may not be able to demonstrate the purpose of some of the data processing outweighs the rights of the impacted data subject;
- Based on the voluntary nature of the survey [Scoping Team Recommendation #1], should a significant portion of registrars not participate, information collected may be statistically disproportionate to registration data that exists across all registered gTLD domain names.
Whereas, the GNSO Council discussed ICANN org’sduring its meeting on 16 November 2023.
Whereas, the GNSO Council deferred the consideration of the Scoping Team’s recommendations for an additional six months on 15 February 2024, noting that, barring (i) completion of the Data Processing Agreement, (ii) implementation of the NIS2 directive, or (iii) publication of the Inferential Analysis of Maliciously Registered Domains (INFERMAL) Study, it may not be the appropriate time to consider the Accuracy Scoping Team’s recommendations.
Whereas, the GNSO Council further discussed the limitations noted in ICANN org’s assessment during its meetings on 12 June 2024, 18 July 2024, and 8 August 2024 and discussed the limitations with proceeding with Recommendations #1 and #2 and the limitations with restarting the Accuracy Scoping Team.
Whereas, the GNSO Council recognizes the importance of Registration Data Accuracy to the ICANN community and commits to continue its discussion of how best to move forward on this topic.
Whereas, the GNSO Council believes further consideration of how to make meaningful progress on the topic of Registration Data Accuracy is necessary, and accordingly, will further defer consideration of the Accuracy Scoping Team’s Recommendations #1 and #2 for an additional six months while it discusses how to proceed.
Resolved,
- The GNSO Council will defer consideration of the Registration Data Accuracy Scoping Team’s Recommendations #1 and #2 for an additional six months while it determines how to make meaningful progress on the topic.
- The GNSO Council recognizes the importance of Registration Data Accuracy to the ICANN community and commits to continue its discussion of how best to move forward on this topic.
20240808-1
CONSENT AGENDA
Motion for GNSO Council Review of ICANN80 GAC Communiqué
Submitted by Tomslin Samme-Nlar
Whereas,
- 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.
- The Generic Names Supporting Organization (GNSO) is responsible for developing and recommending to the ICANN Board substantive policies relating to generic top-level domains.
- 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.
- The GNSO Council's review of GAC Communiqué Advice and Issues of Importance 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,
- The GNSO Council adopts the GNSO Review of the ICANN80 Kigali Communiqué Advice and Issues of Importance and requests that the GNSO Chair communicate the GNSO Council Review of ICANN80 GAC Communiqué Advice and Issues of Importance to the ICANN Board.
- 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.
20240808-2
(Updated with friendly amendments submitted by Susan Payne and Justine Chew)
Motion - Appointment of a GNSO Liaison to the Governmental Advisory Committee
Submitted by Tomslin Samme-Nlar
Seconded by Lawrence Olawale-Roberts
Whereas:
- The Generic Names Supporting Organization (GNSO) Liaison to the Governmental Advisory Committee (GAC) role was first piloted in FY15-16 (1 July 2014 to 30 June 2016) as part of a broader initiative of the GAC-GNSO Consultation Group to facilitate early engagement of the GAC in GNSO policy development activities.
- Due to the success of the pilot, the GNSO Liaison to the GAC is now a permanent role and an integral part of communications between the GAC and GNSO.
- The term of the liaison role is two years, and the term limit is two consecutive two-year terms.
- As the current liaison’s term will expire at the 2024 Annual General Meeting (ICANN81), the GNSO Council will now appoint a new liaison to assume the role at ICANN81.
- The GNSO Council initiated a call for candidates to fill the vacancy and delegated the responsibility of the review and selection process to the GNSO Standing Selection Committee (SSC).
- Two applications were received and were evaluated by the SSC based on the criteria outlined in the call for candidates.
- Following a review of candidates the SSC agreed by full consensus to recommend that Sebastien Ducos will be appointed as the new GNSO Liaison to the GAC commencing at the ICANN81 AGM in November 2024.
- The SSC also agreed to recommend Sophie Hey as alternate if deemed appropriate by her and the GNSO Council should the need arise.
Resolved:
- The GNSO Council hereby appoints Sebastien Ducos to the role of GNSO Liaison to the GAC, for a two-year term,assuming the role at the ICANN81 AGM in November 2024 and expiring at the AGM in 2026.
- The GNSO Council will review the role annually and if the review indicates and/or, at any time, the Liaison has indicated that he is no longer available to continue in this role the Council will consider Sophie Hey as alternate for the remaining period of the term if she is willing at the time, otherwise the SSC will conduct a new selection process.
- Prior to and in anticipation of the expiry of this two-year term, Council will open a new Expression of Interest process, for which the retiring Liaison, will be eligible to apply.
- The GNSO Council directs the GNSO Secretariat to inform the candidates and the GAC leadership of the GNSO Council’s decision.
- The GNSO Council thanks Jeff Neuman for his four years of service as the GNSO Council Liaison to the GAC.
20240808-3
Motion to Adopt the Standing Predictability Implementation Review Team (SPIRT) Charter
Submitted by: Anne Aikman-Scalese
Seconded by: Damon Ashcraft
Whereas,
- On 22 January 2024, the GNSO Council Leadership called for volunteers to serve on the Standing Predictability Implementation Review Team (SPIRT) Charter Drafting Team (hereafter “Drafting Team”).
- The Drafting Team’s mission was to develop a draft charter for the SPIRT on how it should operate and utilize the Predictability Framework when issues arise during the course of the New gTLD Program, following the Annex E guidelines as provided in the New gTLD Subsequent Procedures (SubPro) Final Report.
- The Predictability Framework is an output of the implementation effort developed by ICANN org, in coordination with the SubPro Implementation Review Team (IRT); the Predictability Framework and the SPIRT Charter should be mutually coherent.
- From 26 February through 22 July 2024, the Drafting Team, consisting of individuals and representatives from the ICANN community, held eleven (11) meetings to deliberate the contents of the charter, including but not limited to the SPIRT’s scope, formation, decision-making and operational procedures.
- On 12 June 2024, the GNSO Council received an update on the draft charter, focusing on the sections that differed from the implementation guidance in Annex E of the New gTLD SubPro Final Report, including specific language.
- On 29 July 2024, the Drafting Team completed its work and submitted a final version of the SPIRT charter to the full GNSO Council.
- The GNSO Council acknowledges that the Drafting Team may need to reconvene and be tasked with amendments to the charter after its adoption, as the Predictability Framework is scheduled for another round of Public Comment in May 2025.
Resolved,
- The GNSO Council adopts the charter for the SPIRT, acknowledging the possibility of future amendments as a result of material changes to the Predictability Framework which could occur after the final public comment on the draft Applicant Guidebook (AGB) for the next round of new gTLDs.
- The GNSO Council requests the GNSO Support Staff to communicate the result of the motion to the Drafting Team as well as the SubPro IRT.
- The GNSO Council thanks the Drafting Team members, Chair and Vice-Chair for their contribution and looks forward to the SPIRT’s role in the Next Round New gTLD Program.
20240808-4
**WITHDRAWN UNTIL September 2024**
(Updated with friendly amendments submitted by Tomslin Samme-Nlar and Kurt Pritz)
Registration Data Accuracy Scoping Team Recommendations #1 and #2
Submitted by Tomslin Samme-Nlar
Seconded by Kurt Pritz
Whereas, the GNSO Council resolved on 17 November 2022 to defer consideration of Recommendations #1 and #2 of the Registration Data Accuracy Scoping Team until such time as the Data Processing Agreement (DPA) negotiations between ICANN org and Contracted Parties have completed and there is feedback from ICANN org on if/how it anticipates the requesting and processing of registration data will be undertaken in the context of measuring accuracy, or for six months, whichever is the shorter;
Whereas, recommendation #1 from the Scoping Team recommended ICANN org to carry out a voluntary registrar survey regarding registrar practices for data accuracy;
Whereas, recommendation #2 from the Scoping Team recommended ICANN org to conduct a registrar audit;
Whereas, ICANN org conducted a comprehensive assessment of the four scenarios and provided its assessment on Registration Data Accuracy efforts on 19 October 2023, noting specifically:
- It is unclear whether [the scenarios] would provide useful data to inform the Accuracy Scoping Team’s efforts;
- The scenarios are not expected to provide data as it relates to identity verification of the registrant or veracity of the contact information (i.e., the data belongs to the data subject);
- The costs associated with a full-scale registrar audit [Scoping Team Recommendation #2] may be prohibitive when taking into account the relatively low level of insight the audit may yield;
- ICANN does not have the authority to mandate collection of nonpublic registration data necessary to conduct reviews outside of auditing current contractual requirements; and
- ICANN may not be able to demonstrate the purpose of some of the data processing outweighs the rights of the impacted data subject;
- Based on the voluntary nature of the survey [Scoping Team Recommendation #1], should a significant portion of registrars not participate, information collected may be statistically disproportionate to registration data that exists across all registered gTLD domain names.
Whereas, the GNSO Council discussed ICANN org’s assessment during its meeting on 16 November 2023.
Whereas, the GNSO Council deferred the consideration of the Scoping Team’s recommendations for an additional six months on 15 February 2024, noting that, barring (i) completion of the Data Processing Agreement, (ii) implementation of the NIS2 directive, or (iii) publication of the Inferential Analysis of Maliciously Registered Domains (INFERMAL) Study, it may not be the appropriate time to consider the Accuracy Scoping Team’s recommendations.
Whereas, the GNSO Council further discussed the limitations noted in ICANN org’s assessment during its meetings on 12 June 2024 and 18 July 2024 and agreed not to proceed with the Scoping Team’s recommendations and not to restart the Scoping Team at this time.
Whereas, the GNSO Council recognizes the importance of Registration Data Accuracy to the ICANN community and commits to continue its discussion of how best to move forward on this topic.
Resolved,
- The GNSO Council will not proceed with the Registration Data Accuracy Scoping Team’s Recommendations #1 and #2 due to the limitations noted in ICANN org’s Assessment of Registration Data Accuracy Scenarios.
- The GNSO Council will not restart the Registration Data Accuracy Scoping Team at this time due to limitations in processing data for the purpose of assessing accuracy.
- The GNSO Council recognizes the importance of Registration Data Accuracy to the ICANN community and commits to continue its discussion of how best to move forward on this topic.
20240718-1
Consent Agenda
Motion to Adopt the GNSO Public Relations Officer Roles and Responsibilities
(Updated with the friendly amendment submitted by: Greg DiBiase)
Submitted by: Greg DiBiase
WHEREAS,
- The GNSO Council Small Team on Communications agreed to develop a strategic communications plan for the GNSO Council, which issued its Final Report on 26 February 2024 and was approved by the GNSO Council on 6 March 2024.
- One of the Small Team’s substantive recommendations for new mechanisms to enhance the GNSO Council’s communications practice was to appoint a member in the GNSO Council to serve as the “Public Relations (PR) Officer” to effectively execute the communications strategy and proposed improvements.
- A Draft PR Officer Roles and Responsibilities document was provided to the Council on 31 May 2024 for input and feedback, and subsequently closed for comments on 24 June 2024.
- A call for volunteers for the inaugural PR Officer position was distributed on 31 May 2024 and Councilor Lawrence Olawale-Roberts volunteered for the role.
RESOLVED,
- The GNSO Council adopts the GNSO Public Relations Officer Roles and Responsibilities.
- The GNSO Council directs staff to post the GNSO Public Relations Officer Roles and Responsibilities on the GNSO Procedures page at: https://gnso.icann.org/en/council/procedures.
- Councilor Lawrence Olawale-Roberts is appointed to the role of PR Officer for the GNSO Council.
- The GNSO Council requests the GNSO Secretariat to inform Lawrence Olawale-Roberts he has been selected.
20240718-2
Consent Agenda
Motion to Confirm the GNSO Nominees for the Pilot Holistic Review Team
(updated with friendly amendment submitted by Greg DiBiase)
Submitted by: Greg DiBiase
WHEREAS,
- On 23 May 2024, ICANN opened a Call for Volunteers to participate in the Pilot Holistic Review (PHR) that will commence work on 25 September 2024.
- The deadline for PHR candidates to submit their applications was 19 June 2024.
- On 20 June, the GNSO Standing Selection Committee (SSC) initiated the candidate selection process for the GNSO PHR nominees.
- On 08 July, the SSC submitted to the GNSO Council a placeholder motion for the Council to confirm its selection of the 7 GNSO nominees from 19 candidates for the PHR Team.
- On 15 July 2024, the SSC submitted to the GNSO Council via an amended motion its selection of the following 7 GNSO nominees, as agreed via Full Consensus, per the SSC Charter - SSC’s 7 GNSO Nominees for the PHR Team in order of rank: Anil Jain (AP), Sophie Hey (EU), Tony Holmes (EU), Akinmoyeje Benjamin (AF), Julf (Johan) Helsingius (EU), Caleb Ogundele (NA), and Marie Pattullo (EU).
- The GNSO Council should advise the staff supporting the PHR Team that Hector Ariel Manoff should be considered an alternate nominee if any of the 7 nominees cannot serve in that role.
RESOLVED,
- The GNSO Council confirms the SSC’s selection of the following 7 GNSO nominees out of 19 candidates for the PHR Team in order of rank: Anil Jain (AP), Sophie Hey (EU), Tony Holmes (EU), Akinmoyeje Benjamin (AF), Julf (Johan) Helsingius (EU), Caleb Ogundele (NA), and Marie Pattullo (EU).
- The GNSO Council should advise the staff supporting the PHR Team that Hector Ariel Manoff should be considered an alternate nominee if any of the 7 nominees cannot serve in that role.
- The GNSO Council directs the GNSO Secretariat to provide to the staff supporting the PHR the names of the 7 GNSO Nominees and 1 alternate for the PHR Team.
20240612-1
**WITHDRAWN**
Consent Agenda
Motion to Adopt the GNSO Council Aspirational Statement
Submitted by: Greg DiBiase
WHEREAS,
- The GNSO Council held its seventh Strategic Planning Session in Washington, DC from November 29, 2023 to December 1, 2023.
- During the Strategic Planning Session, the GNSO Council focused its main discussions on what it means to be the "Manager of the Policy Development Process (PDP)" and how to effectively lead as focused PDP managers.
- GNSO Councilors agreed that it would be beneficial to develop a common understanding of how outputs from the bottom-up multistakeholder model should be voted upon at the Council level.
- The GNSO Council agreed to the following action items from the Strategic Planning Session, "Council to develop an aspirational (non-binding) statement to reflect that Councilors should not seek to undo bottom-up consensus-driven outcomes of GNSO WGs. Once [the aspirational statement] is complete, Councilors to leverage the aspirational statement to build awareness within their respective SG/Cs."
- During ICANN79, Council leadership proposed a draft aspirational statement, and GNSO Councilors discussed and proposed several revisions to the draft, ultimately agreeing to the following aspirational statement.
RESOLVED,
- The GNSO Council adopts the GNSO Council Aspirational Statement.
- The GNSO Council directs GNSO Support staff to post the Aspirational Statement on the GNSO website.
20240612-2
Motion to Defer Request for Policy Status Report on Expiration Policies
Submitted by: Greg DiBiase
WHEREAS,
- In October 2020, the GNSO Council considered the timing to request a Policy Status Report (PSR) to conduct a review of the two Expiration Policies, the Expired Domain Deletion Policy (EDDP) and the Expired Registration Recovery Policy (ERRP) and agreed to defer consideration for 24 months given concerns about capacity;
- In July 2022, the Council revisited the question of when to request a PSR and agreed that, prior to proceeding with a PSR or deferral, the GNSO Council should consult with registrars and ICANN Compliance to determine if there are any known issues or concerns with the two Expiration Policies that could warrant requesting a PSR;
- On 1 November 2022, ICANN org provided a report on the Expiration Policies and presented the report to the GNSO Council during its November 2022 meeting;
- Following discussion of the ICANN org report, a small team of Councilors reviewed the report and the previous feedback from registrars and presented its recommendation to the GNSO Council during its March 2023 meeting;
- The GNSO Council agreed to the small team's recommendation to request additional information from ICANN org regarding what expiration-related educational materials are currently published and whether additional information can be provided;
- On 14 February 2024, ICANN org delivered a summary of the current educational materials on domain name renewal and expiration and presented it during the February 2024 meeting;
- Having considered (i) the input from the Registrar Stakeholder Group, who was asked to flag substantial issues with the policies that would warrant a near team request for policy status report and did not note any issues, (ii) the report from ICANN org, which noted confusion with key terms in the policy and registrant confusion with the auto-renew grace period and aftermarket activities, et.al., and (iii) the catalog of available educational resources on domain name expiration and renewal, the GNSO Council determined that the Expiration Policies present no urgent need for immediate policy work;
- During its discussion on 16 May 2024, the Council discussed the option of adding the PSR request to ICANN org's queue of work instead of deferring the request for two years, noting the analysis should be done but not as an urgent priority.
RESOLVED,
- The GNSO Council requests a Policy Status Report (PSR) for the Expedited Domain Deletion Policy (EDDP) and Expedited Registration Recovery Policy (ERRP).
- The GNSO Council notes immediate work is not needed on this PSR and would request either (i) delivery of the PSR or (ii) confirmation that work on the PSR has begun and an updated estimate on when the PSR should be delivered, in one (1) year from the passage of this motion.
- The GNSO Council leadership directs GNSO Policy Support Staff to notify ICANN org Global Domains & Services of the request for a PSR on the EDDP and ERRP.
20240516-1
Consent Agenda
Motion to Adopt the Revised Description of the Role of the GNSO Liaison to the Governmental Advisory Committee (GAC)
Submitted by: Greg Dibiase
WHEREAS,
- The GNSO Liaison to the GAC role was first piloted in FY15-16 (1 July 2014 to 30 June 2016) as part of a broader initiative of the GAC-GNSO Consultation Group to facilitate early engagement of the GAC in GNSO policy development activities.
- Due to the success of the pilot, the GNSO Liaison to the GAC is now a permanent role and an integral part of communications between the GAC and GNSO.
- On 23 September 2021, the GNSO Council decided to extend each term of the GNSO Council Liaison to the GAC to two years and to impose a term limit of two consecutive two-year terms.
- At the ICANN79 GNSO Council Wrap-up Session, the Council agreed to review the description of the GNSO Liaison to the GAC role prior to initiating the Standing Selection Committee's (SSC) process to open an Expression of Interest (EOI) and subsequently select a new liaison to assume the role at the 2024 Annual General Meeting (ICANN81).
- Post ICANN79, the Council reviewed the liaison role description and suggested several revisions.
- After allowing time for Council to review the revisions, staff incorporated them into a final clean version as well as a redlined version for Council's consideration at its meeting on 16 May.
RESOLVED,
- The GNSO Council adopts the revised description of the GNSO Liaison to the GAC role and directs staff to post it on the Council activities procedures page.
- The GNSO Council directs staff to notify the GAC leadership of the revised description of the
- GNSO Liaison to the GAC role.
20240516-2
Consent Agenda
Motion to Approve the ICANN Board's Proposed Amendment to Cross-Community Working Group on Auction Proceeds Recommendation 7
Submitted by: Greg Dibiase
WHEREAS,
- On 2 March 2024, the ICANN Board wrote to the Chartering Organizations of the Cross-Community Working Group on Auction Proceeds ("CCWG-AP"), which includes the GNSO;
- The CCWG-AP's Recommendation 7 sets out limitations on the use of ICANN accountability mechanisms (namely, the Independent Review Process, IRP, and Reconsideration process) to challenge decisions made on individual applications within the Grant Program;
- The CCWG-AP provided Recommendation 7 to minimize use of the proceeds for purposes other than grants, such as administrative costs or legal fees;
- The ICANN Board noted that it supports the CCWG AP's goal in making this recommendation, but ICANN org identified challenges in implementing Recommendation 7 as written;
- The Board considered whether there are further ways to meet the community's broader intention with Recommendation 7, and asked the relevant Chartering Organizations to consider the removal of the phrase "from the Independent Project Applications Panel" from Recommendation 7, noting that many of the Board's concerns that supported the October 2023 action would be addressed.
RESOLVED,
- The GNSO Council accepts the Board's suggestion to remove the phrase "from the Independent Project Applications Panel" from CCWG-AP Recommendation 7. The GNSO Council would like to clarify that this approval only applies to CCWG-AP Recommendation 7 and does not extend to the proposed new ByLaw restricting access to Accountability Mechanisms.
- The GNSO Council requests the GNSO Secretariat to inform the Board of its acceptance of the Board's suggestion for CCWG-AP Recommendation 7.
20240516-3
**WITHDRAWN UNTIL JUNE 2024** Motion to Defer Request for Policy Status Report on Expiration Policies
Submitted by: Greg Dibiase
Seconded by: Tomslin Samme-Nlar
WHEREAS,
- In October 2020, the GNSO Council considered the timing to request a Policy Status Report (PSR) to conduct a review of the two Expiration Policies, the Expired Domain Deletion Policy (EDDP) and the Expired Registration Recovery Policy (ERRP) andagreed to defer consideration for 24 months given concerns about capacity;
- In July 2022, the Council revisited the question of when to request a PSR andagreed that, prior to proceeding with a PSR or deferral, the GNSO Council should consult with registrars and ICANN Compliance to determine if there are any known issues or concerns with the two Expiration Policies that could warrant requesting a PSR;
- On 1 November 2022, ICANN org provided a report on the Expiration Policies and presented the report to the GNSO Council during itsNovember 2022 meeting;
- Following discussion of the ICANN org report, a small team of Councilors reviewed the report and the previous feedback from registrars and presented itsrecommendation to the GNSO Council during itsMarch 2023 meeting;
- The GNSO Council agreed to the small team's recommendation to request additional information from ICANN org regarding what expiration-related educational materials are currently published and whether additional information can be provided;
- On 14 February 2024, ICANN org delivered a summary of the current educational materials on domain name renewal and expiration and presented it during the February 2024 meeting;
- Having considered (i) the input from the Registrar Stakeholder Group, who was asked to flag substantial issues with the policies that would warrant a near team request for policy status report and did not note any issues, (ii) the report from ICANN org, which noted confusion with key terms in the policy and registrant confusion with the auto-renew grace period and aftermarket activities, et.al., and (iii) the catalog of available educational resources on domain name expiration and renewal, the GNSO Council determined that the Expiration Policies present no urgent need for policy work, and, accordingly, the Council will revisit the timing for a PSR request in two years, or sooner if the Council is informed that further policy work is needed before the conclusion of two years.
RESOLVED,
- The GNSO Council adopts the motion to defer consideration of a Policy Status Report (PSR) for the Expedited Domain Deletion Policy (EDDP) and Expedited Registration Recovery Policy (ERRP) for two years, noting, however, that if the Council is informed that further policy work is needed before the conclusion of two years, the Council will reconsider the PSR request at that time.
- The GNSO Council leadership directs GNSO Policy Support Staff to notify ICANN org Global Domains & Services of the deferral of the PSR request on the Expiration Policies.
20240516-4
(Updated with the friendly amendment proposed by Kurt Pritz and Manju Chen, accepted by Greg DiBiase and Tomslin Samme-Nlar) Motion to Request an Issue Report for Diacritics in Latin Script with Friendly Amendment
Submitted by: Greg DiBiase
Seconded by: Tomslin Samme-Nlar
WHEREAS,
- The GNSO Council agreed during the 18 April 2024 meeting to request an Issue Report on diacritics in Latin script.
- Per the ICANN Bylaws Section 11.3(i)(i), the request for an Issue Report will require an affirmative vote of more than one-fourth (1/4) vote of each House or majority of one House.
- The GNSO Council was made aware of a potential issue whereby future applied-for strings in the Latin script containing diacritics may be visually confusingly similar to American Standard Code for Information Interchange (ASCII) strings, are non-variants, and the same entity wishes to operate both strings.
- During the GNSO Council Meeting at ICANN78 in Hamburg on 25 October 2023, the GNSO Council received a detailed briefing on this issue and agreed to request a study from ICANN org to help inform the GNSO Council on the issue of diacritics in Latin Script. Prior to the request being made to ICANN org, the org volunteered to investigate what mechanism or mechanisms might be appropriate to address this issue.
- Following the discussion during its April 2024 meeting, the Council discussed requesting an Issue Report on diacritics in the Latin Script. On 06 May 2024, the request for an Issue Report was circulated to the Council mailing list.
- During these discussions the Council came to understand that a set of clear rules exists regarding the delegation of TLDs including diacritics, resulting from the considered work of the Latin LGR panel, and the Council sought to learn more concerning the rationale for those conclusions and the scope of authority of the LGR Panels and of the GNSO in considering these questions.
RESOLVED,
- The GNSO Council adopts the request for an Issue Report and directs staff to create the Report.
- The GNSO Council requests that the GNSO Liaison to the GAC notifies the GAC Secretariat of this request.
20240418-1
CONSENT AGENDA
Motion for GNSO Council Adoption of the Review of ICANN79 GAC Communiqué
Submitted by: Greg DiBiase
Whereas,
- 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.
- The Generic Names Supporting Organization (GNSO) is responsible for developing and recommending to the ICANN Board substantive policies relating to generic top-level domains.
- 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.
- The GNSO Council's review of GAC Communiqué Advice and Issues of Importance 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,
- The GNSO Council adopts the GNSO Council Review of the ICANN79 San Juan, Puerto Rico Communiqué Advice (see https://gac.icann.org/contentMigrated/icann79-san-juan-communique) and requests that the GNSO Council Chair communicate the GNSO Council Review to the ICANN Board.
- 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.
20240418-2
CONSENT AGENDA
Motion to Approve Updates to Small Team Guidelines
Submitted by: Greg DiBiase
Whereas,
- The GNSO Council held an open microphone session as part of its ICANN78 meeting on 25 October 2023.
- The GNSO Council received feedback regarding its use of small teams, specifically questioning the increased use and scope of small teams.
- From 29 November 2023 to 1 December 2023, the GNSO Council met in Washington, DC for its annual Strategic Planning Session.
- As part of its agenda for the 2023 Strategic Planning Session, the GNSO Council discussed the use of small teams as a valuable tool for the Council to both advance its work and enhance communications and engagement between the Board and the GNSO Council.
- The GNSO Council discussed the concerns raised regarding the use of Small Teams and agreed to the clarify the Small Team Guidelines to highlight the increased transparency of small team work and the oversight of the GNSO Council over small team work.
- The GNSO Council produced the following GNSO Council Strategic Planning Session Report to document the agreements made during the Strategic Planning Session.
- The GNSO agreed to the following outcome and associated action items during its Strategic Planning Session.
- Outcome 10: In respect of small teams, Councilors present agreed that they remain an important tool and should be flexible and can be right-sized for a given effort.
- Action Item 10.1: Staff to propose edits to the small team guidelines based on Council discussion.
- Action Item 10.2: Councilors to leverage small team guidance document to cultivate better understanding of how small teams operate and to dispel misconceptions that may exist, and directly address concerns raised by their respective communities.
8.The GNSO reviewed the updated Small Team Guidelines and agreed to the proposed changes, which were designed to address Community concerns.
Resolved,
- The GNSO Council adopts the updated Small Team Guidelines (see https://gnso.icann.org/sites/default/files/policy/2024/draft/updated-small-team-guidelines-05apr24.pdf).
- The GNSO Council requests ICANN org Policy Support Staff to post the updated guidelines to the GNSO site.
20240418-3
CONSENT AGENDA
Motion to Confirm the Standing Predictability Implementation Review Team (SPIRT) Charter Drafting Team Leadership
Submitted by: Greg DiBiase
Whereas,
- Given the unique and complicated nature of the Next Round New gTLD Program, the GNSO Council recommended a Standing Predictability Implementation Review Team (SPIRT) to be established to utilize the Predictability Framework, which is an output of the implementation effort for New gTLD Subsequent Procedures, as developed by ICANN org, in coordination with the Implementation Review Team (IRT).
- The SPIRT will be the body empowered to provide input to the GNSO Council, the ICANN Board, ICANN org, and the ICANN community on unforeseen issues arising for the Next Round of the New gTLD Program, after the approval by the ICANN Board of the Applicant Guidebook (AGB).
- The SPIRT Charter Drafting Team is expected to develop a draft charter for the SPIRT on how it should operate and utilize the Predictability Framework, following the Annex E guidelines as provided in the New gTLD Subsequent Procedures Final Report.
- On 22 January, 2024, the GNSO Council Leadership called for volunteers to serve on the SPIRT Charter Drafting Team.
- On 26 February, 2024, a Kick-off Meeting was held for the SPIRT Charter Drafting Team, including 10 members consisting of individuals, representatives from Stakeholder Groups (SGs) and Constituencies (Cs), and a GNSO Council liaison.
- During the Kick-off meeting, the leadership team was confirmed, which is submitted to the GNSO Council for confirmation by way of this motion:
- Nitin Walia to serve as Chair
- Alan Greenberg to serve as Vice-Chair
Resolved,
1.The GNSO confirms the SPIRT Charter Drafting Team and leadership team:
- Chair: Nitin Walia
- Vice-Chair: Alan Greenberg
- GNSO Council liaison:Anne Aikman-Scalese
2.The GNSO Council requests the ICANN org support staff to inform the SPIRT Charter Drafting Team and leadership team has been confirmed.
3.The GNSO Council thanks the members, Chair and Vice-Chair for volunteering to serve on the SPIRT Charter Drafting Team.
20240418-4
Motion to Defer Request for Policy Status Report on Expiration Policies (DEFERRED to the May 2024 meeting)
Submitted by: Greg DiBiase
Seconded by: Jennifer Chung
WHEREAS,
- In October 2020, the GNSO Council considered the timing to request a Policy Status Report (PSR) to conduct a review of the two Expiration Policies, the Expired Domain Deletion Policy (EDDP) and the Expired Registration Recovery Policy (ERRP) and agreed to defer consideration for 24 months given concerns about capacity;
- In July 2022, the Council revisited the question of when to request a PSR and agreed that, prior to proceeding with a PSR or deferral, the GNSO Council should consult with registrars and ICANN Compliance to determine if there are any known issues or concerns with the two Expiration Policies that could warrant requesting a PSR;
- On 1 November 2022, ICANN org provided a report on the Expiration Policies and presented the report to the GNSO Council during its November 2022 meeting;
- Following discussion of the ICANN org report, a small team of Councilors reviewed the report and the previous feedback from registrars and presented its recommendation to the GNSO Council during its March 2023 meeting;
- The GNSO Council agreed to the small team's recommendation to request additional information from ICANN org regarding what expiration-related educational materials are currently published and whether additional information can be provided;
- On 14 February 2024, ICANN org delivered a summary of the current educational materials on domain name renewal and expiration and presented it during the February 2024 meeting;
- Having considered (i) the input from the Registrar Stakeholder Group, who was asked to flag substantial issues with the policies that would warrant a near team request for policy status report and did not note any issues, (ii) the report from ICANN org, which noted confusion with key terms in the policy and registrant confusion with the auto-renew grace period and aftermarket activities, et.al., and (iii) the catalog of available educational resources on domain name expiration and renewal, the GNSO Council determined that the Expiration Policies present no urgent need for policy work, and, accordingly, the Council will revisit the timing for a PSR request in five years, or sooner if the Council is informed that further policy work is needed before the conclusion of five years.
RESOLVED,
- The GNSO Council adopts the motion to defer consideration of a Policy Status Report (PSR) for the Expedited Domain Deletion Policy (EDDP) and Expedited Registration Recovery Policy (ERRP) for five years, noting, however, that if the Council is informed that further policy work is needed before the conclusion of five years, the Council will reconsider the PSR request at that time.
- The GNSO Council leadership directs GNSO Policy Support Staff to notify ICANN org Global Domains & Services of the deferral of the PSR request on the Expiration Policies.
20240418-5
Motion to Approve Supplemental Recommendations for the Non-Adopted New gTLD Subsequent Procedures PDP Recommendations
Submitted by: Paul McGrady
Seconded by: Jennifer Chung
WHEREAS,
- The GNSO Council adopted the Final Report of the New gTLD Subsequent Procedures (SubPro) PDP on 18 February 2021.
- On 16 March 2023, the ICANN Board adopted the majority of the SubPro Outputs, as identified in Section A of the Scorecard, while designating a select set of recommendations as pending, identified in Section B of the Scorecard.
- The GNSO Council established a small team to carefully review the pending SubPro recommendations and identify the best path forward to seek to resolve the issues that were preventing Board adoption of the pending recommendations.
- On 21 September 2023, the GNSO Council resolved to approve a Clarifying Statement which was followed by the Council's approval of a second Clarifying Statement on 16 October 2023.
- On the basis of the two Clarifying Statements, the ICANN Board was able to adopt a majority of the pending SubPro recommendations on 10 September 2023 and 26October 2023.
- In those same September (Board Statement) and October (Board Statement) resolutions, the Board also non-adopted a subset of recommendations pertaining to six topics (Topic 9: Registry Voluntary Commitments / Public Interest Commitments, Topic 17: Applicant Support, Topic 18: Terms & Conditions, Topic 22: Registrant Protections, Topic 24: String Similarity Evaluations, and Topic 32: Limited Challenge/Appeal Mechanism)
- The ICANN Bylaws foresee that in case of non-adoption, "the Council shall review the Board Statement for discussion with the Board as soon as feasible after the Council's receipt of the Board Statement".
- The GNSO Council and ICANN Board elected to discuss the Board Statement, as foreseen under the ICANN Bylaws, during their joint session at ICANN78.
- The GNSO Council convened a Small Team Plus, which included liaisons from the ICANN Board and participants from the GAC and ALAC, to seek to develop Supplemental Recommendations for the non-adopted recommendations.
- The Small Team Plus provided numerous updates to the GNSO Council as the Supplemental Recommendations were developed, to better ensure that the Council was aware of the expected outcomes from the Small Team Plus.
- During the Council's February 2024 meeting, the Small Team Plus provided an update on the proposed language for all Supplemental Recommendations.
- The Small Team Plus held a prep-week webinar in advance of ICANN79 in order to also inform the broader community of the proposed language for all Supplemental Recommendations.
- During ICANN79, the Small Team Plus held a community consultation to gather feedback or suggestions on needed changes to any of the Supplemental Recommendations; no changes were identified.
- On 01 April 2024, the Small Team Plus shared the final Supplemental Recommendations and explanations for the Supplemental Recommendations with the GNSO Council which are connected to the following topics: Topic 9: Registry Voluntary Commitments / Public Interest Commitments, Topic 17: Applicant Support, Topic 18: Terms & Conditions, Topic 24: String Similarity Evaluations, and Topic 32: Limited Challenge/Appeal Mechanism.
- During the Council's meeting on 18 April 2024, the Council elected to pursue further amendments to the Supplemental Recommendations related to Topic 24: String Similarity Evaluations, and accordingly, removed the relevant Supplemental Recommendations from consideration during its April meeting.
RESOLVED,
- The GNSO Council approves the Supplemental Recommendations for the non-adopted SubPro recommendations (regarding the following topics: Topic 9: Registry Voluntary Commitments / Public Interest Commitments, Topic 17: Applicant Support, Topic 18: Terms & Conditions, and Topic 32: Limited Challenge/Appeal Mechanism) and instructs the GNSO Secretariat to transmit the Supplemental Recommendations to the ICANN Board.
20240306-1
CONSENT AGENDA
Motion to Approve the Communications Mechanism Recommendations set forth in the GNSO Council Communications Small Team Final Report
Submitted by: Greg DiBiase
Seconded by: Tomslin Samme-Nlar
WHEREAS,
- During the GNSO Council Strategic Planning Session (SPS) that was held during 14-16 December 2022, the GNSO Council identified the need to enhance its communication efforts to promote its work and outcomes to a broader audience, as well as to counterbalance negative stories and misinformation about GNSO policy work.
- As a result, the GNSO Council small team was formed in April 2023 to develop a strategic communications plan to proactively promote policy and other GNSO Council priorities.
- The small team focused on five (5) tasks in developing the GNSO Council strategic communications plan, namely: 1) Situation analysis of current communication efforts; 2) Clarify the overall objectives; 3) Identify the target audience(s); 4) Recommend communications mechanism/products; and 5) Determine the measures of success.
- The small team held a total of eleven (11) meetings from May to October 2023, including informal sessions during ICANN77 and ICANN78, while also engaging with ICANN org communications department, via facilitation by policy staff, to seek input for the completion of its assignments.
- During the 2023 SPS held in Washington DC from 28 November - 1 December 2023, the small team presented to the GNSO Council an overview of the draft strategic communications plan that includes details pertaining to the five (5) assignments.
- The small team delivered its final report to the GNSO Council on 24 February 2024 putting forward two (2) substantive recommendations for new mechanisms to enhance GNSO Council's communications practice, in addition to suggesting various minor improvements to the existing communications practices.
RESOLVED,
- The GNSO Council accepts the recommendations as outlined in the Communications Small Team Final Report and requests that the leadership of the small team works with Council leadership on developing the respective communications as foreseen under recommendations 6.2.1 and 6.2.2.
- The GNSO Council thanks the small team for its efforts as well as the ICANN org communications function for their contributions.
20240215-1
CONSENT AGENDA
Motion to Confirm GNSO Standing Selection Committee (SSC) Members and Leadership for 2024
Submitted by: Tomslin Samme-Nlar
Seconded by: Lawrence Olawale-Roberts
Whereas,
- The GNSO Standing Selection Committee (SSC) is tasked, as requested by the GNSO Council, to 1) where applicable, prepare and issue calls for applications related to the selection or nomination of candidates for ICANN structures such as ICANN review teams, 2) review and evaluate all relevant applicants/candidates, 3) rank candidates and make selection/appointment recommendations for review and approval by Council, and 4) communicate selections to all interested parties.
- The membership of the SSC (9 members not including the ex-officio members) is reconfirmed annually and needs to be appointed and/or reconfirmed by the leadership of the appointing Stakeholder Groups and/or Constituencies.
- Following reconfirmation each year, the SSC selects a Chair and one or two Vice-Chair(s) from its membership.
- The SSC selected a leadership team for 2024, which is submitted for confirmation to the GNSO Council by way of this motion:
- Karen Day to serve for a first term as Chair.
- Segunfunmi Olajide to serve for a first term as Vice-Chair.
Resolved,
- The GNSO Council confirms the SSC membership and leadership team for 2024:
- Chair: Karen Day
- Vice-Chair: Segunfunmi Olajide
2.The GNSO Council requests the ICANN org Support Staff to inform SSC that the membership and leadership team has been confirmed.
3.The GNSO Council thanks the members, Chair, and Vice-Chair for volunteering to serve on the SSC.
20240215-2
CONSENT AGENDA
Motion to Confirm the GNSO-Nominated Mentor for the 2024 ICANN Fellowship Program
Submitted by: Tomslin Samme-Nlar
Seconded by: Lawrence Olawale-Roberts
Whereas,
- On 13 December 2023, the GNSO announced that it was launching an Expression of Interest (EOI) process to solicit volunteers to serve in the capacity of a GNSO-nominated Fellowship Program Mentor for three consecutive ICANN meetings, beginning with ICANN81.
- The GNSO Council tasked the GNSO Standing Selection Committee (SSC) with reviewing mentor applications and recommending one individual for the GNSO to nominate.
- The SSC reviewed the applications received, taking into account the selection criteria outlined in the EOI announcement.
- The SSC submitted its full consensus recommendation to the GNSO Council on 05 February 2024, by way of submission of the relevant motion.
- The GNSO Council considered the recommendation of the SSC.
Resolved,
- The GNSO confirms the nomination of Mark Datysgeld to serve as an ICANN Fellowship Program Mentor for three consecutive ICANN meetings, beginning with ICANN81.
- The GNSO Council asks the GNSO Secretariat to communicate the resolved #1 to the staff supporting the ICANN Fellowship Program.
- The GNSO Council asks the GNSO Secretariat to inform the nominated candidate that he has been selected.
- The GNSO Council asks 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.
20240215-3
Registration Data Accuracy Scoping Team Recommendations #1 and #2 – extending deferral of consideration by six months
Submitted by Greg DiBiase
Seconded by Prudence Malinki
Whereas,
The GNSO Council resolved on 17 November 2022 to defer consideration of recommendations #1 and #2 of the Registration Data Accuracy Scoping Team write up until such time as the Data Processing Agreement (DPA) negotiations between ICANN org and Contracted Parties have completed and there is feedback from ICANN org on if/how it anticipates the requesting and processing of registration data will be undertaken in the context of measuring accuracy, or for six months, whichever is the shorter;
Whereas,
The GNSO Council wrote to ICANN org to obtain this feedback and received a response providing a status update on 14 March 2023 which was also presented during its April 2023 meeting;
- ICANN org's work on the scenarios that have been identified to review the accuracy of registration data and the data protection questions that arise from these scenarios is still ongoing;
- Negotiations between ICANN org and Contracted Parties on a DPA have not completed yet.
Whereas,
ICANN org conducted a comprehensive assessment of the four scenarios and provided an update on Registration Data Accuracy efforts on 19 October 2023, noting specifically:
- it is unclear whether [the scenarios] would provide useful data to inform the Accuracy Scoping Team's efforts;
- the scenarios are not expected to provide data as it relates to identity verification of the registrant or veracity of the contact information (i.e., the data belongs to the data subject);
- the costs associated with a full-scale registrar audit may be prohibitive when taking into account the relatively low level of insight the audit may yield;
- ICANN does not have the authority to mandate collection of nonpublic registration data necessary to conduct reviews outside of auditing current contractual requirements; and
- ICANN may not be able to demonstrate the purpose of some of the data processing outweighs the rights of the impacted data subject.
Whereas,
The GNSO Council discussed ICANN org's update during its meeting on 16 November 2023 and
noted that, barring (i) completion of the Data Processing Agreement, (ii) implementation of the NIS2 directive, or (iii) publication of the Inferential Analysis of Maliciously Registered Domains (INFERMAL) Study, it may not be the appropriate time to consider the Accuracy Scoping Team's recommendations.
Resolved,
- The GNSO Council extends the deferral of consideration of recommendations #1 and #2 of the Registration Data Accuracy Scoping Team write up for an additional six months.
- The GNSO Council commits to considering the Scoping Team recommendations at an earlier date if DPA negotiations have been completed before six months have passed or another significant event, such as the implementation of the NIS2 directive or the publication Inferential Analysis of Maliciously Registered Domains (INFERMAL) Study, occurs before six months have passed.
20240118-1
CONSENT AGENDA
GNSO Council Motion to Approve the GNSO Council Recommendations Report to the ICANN Board regarding the GNSO Guidance Process on Applicant Support
Submitted by: Greg DiBiase
Seconded by: Osvaldo Novoa
Whereas:
- On 22 December 2023, the GNSO Council approved the nine (9) Full Consensus recommendations from the GNSO Guidance Process (GGP) on Applicant Support by a GNSO Supermajority;
- On 8 January 2024, as required under the ICANN Bylaws, a GNSO Council Recommendations Report to the ICANN Board on the approved GGP recommendations was submitted to the GNSO Council for its consideration.
Resolved:
- The GNSO Council approves the Recommendations Report for the GGP on Applicant Support and instructs the GNSO Secretariat to transmit the report to the ICANN Board and communicate the outcomes from the GNSO Council's decisions as appropriate.
20240118-2
CONSENT AGENDA
GNSO Council Motion to Approve the GNSO Council Recommendations Report to the ICANN Board regarding the Expedited Policy Development Process on Internationalized Domain Names
Submitted by: Greg DiBiase
Seconded by: Osvaldo Novoa
Whereas:
- On 22 December 2023, the GNSO Council approved the sixty nine (69) Full Consensus recommendations from the Expedited Policy Development Process (EPDP) on Internationalized Domain Names (IDNs) by a GNSO Supermajority;
- On 8 January 2024, as required under the ICANN Bylaws, a GNSO Council Recommendations Report to the ICANN Board on the approved EPDP recommendations was submitted to the GNSO Council for its consideration.
Resolved:
- The GNSO Council approves the Recommendations Report for the EPDP on Internationalized Domain Names (IDNs) and instructs the GNSO Secretariat to transmit the report to the ICANN Board and communicate the outcomes from the GNSO Council's decisions as appropriate.
20231221-1
CONSENT AGENDA
Motion - Confirmation of Registration Data Request Service Standing Committee Chair
Submitted by: Greg DiBiase
Seconded by: Nacho Amadoz
Whereas,
- On 24 September 2020, the Generic Names Supporting Organization Council (GNSO Council or Council) voted to approve all of the recommendations in its Final Report on the Expedited Policy Development Process on the Temporary Specification for gTLD Registration Data (EPDP) Phase 2.
- On 25 March 2021, the ICANN Board directed the President and CEO, or their designee(s), to proceed with the Operational Design Phase (ODP) for GNSO Council-approved recommendations 1-18 from the EPDP Phase 2 Final Report on the System for Standardized Access/Disclosure (SSAD).
- On 20 January 2022, the Council considered a proposed approach for analyzing the Operational Design Assessment (ODA) on the Standardized System for Access/Disclosure (SSAD) from EPDP on the Temporary Specification Phase 2.
- The Council agreed that a small team of Council members with the support of EPDP Team Phase 2 representatives would be best positioned to analyze the ODA and provide guidance to the Council on possible next steps.
- On 25 January 2022, ICANN organization (ICANN org) published its Operational Design Assessment (ODA) of the SSAD.
- Sebastien Ducos volunteered to the lead the small team effort beginning on 9 February 2022.
- Following the small team's review and assessment of the ODA, the ICANN Board directed ICANN org to "proceed to develop and launch the System as soon as possible" on 27 February.
- The ICANN Board also directed ICANN org "to continue to engage with the Phase 2 Small Team throughout the development and operation of the System, and ensure periodic publication of the collected usage data, once operational".
- The small team continued meeting under the leadership of Sebastien Ducos through 4 December 2023.
- On 21 September 2023, the GNSO Council voted to approve the Charter for Registration Data Request Service (RDRS) Standing Committee to help inform the next steps on the SSAD policy recommendations.
- The Registration Data Request Service (RDRS) launched on 28 November 2023, and the RDRS Standing Committee will begin meeting in January 2024 to review metrics associated with the RDRS. Sebastien Ducos indicated a willingness to continue in the role of Chair, and no objections were submitted.
Resolved,
- The GNSO Council hereby confirms Sebastien Ducos as the Chair of the Registration Data Request Service (RDRS) Standing Committee.
- The GNSO Council thanks Sebastien Ducos for his continued service and requests the GNSO Secretariat to communicate this decision to Sebastien Ducos.
20231221-2
CONSENT AGENDA
Motion for GNSO Council Review of ICANN78 GAC Communiqué
Submitted by: Greg DiBiase
Seconded by: Manju Chen
Whereas,
- 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.
- The Generic Names Supporting Organization (GNSO) is responsible for developing and recommending to the ICANN Board substantive policies relating to generic top-level domains.
- 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.
- The GNSO Council's review of GAC Communiqué Advice and Issues of Importance 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,
- The GNSO Council adopts the GNSO Council Review of the ICANN78 Hamburg, Germany Communiqué Advice and Issues of Importance (see https://gac.icann.org/contentMigrated/icann78-hamburg-communique) and requests that the GNSO Council Chair communicate the GNSO Council Review of ICANN78 GAC Communiqué Advice and Issues of Importance to the ICANN Board.
- 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.
20231221-3
Motion – Adoption of the Expedited Policy Development Process on the Internationalized Domain Names Phase 1 Final Report and Recommendations
Submitted by: Manju Chen
Seconded by: Jennifer Chung
WHEREAS:
- On 20 May 2021, the GNSO Council initiated the Expedited Policy Development Process on Internationalized Domain Names (EPDP-IDNs) and approved its charter.
- On 11 August 2021, the EPDP-IDNs Team held its first meeting and started deliberations.
- On 17 November 2022, the GNSO Council approved the Project Change Request submitted by the EPDP-IDNs Team to bifurcate its work into two phases, with Phase 1 covering topics related to top-level gTLD definition and variant management and Phase 2 covering issues pertaining to second-level variant management.
- The EPDP-IDNs Team 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 its Phase 1 Initial Report for Public Comment (from 24 April 2023 to 19 June 2023) and consideration of the public comments received thereto.
- The EPDP-IDNs Team has reached Full Consensus on all of its sixty-nine (69) final recommendations documented in the Phase 1 Final Report.
- On 08 November 2023, the EPDP-IDNs Team submitted its Phase 1 Final Report to the GNSO Council for its review and action.
RESOLVED:
- The GNSO Council approves, and recommends that the ICANN Board adopt, all sixty-nine (69) final recommendations as documented in the EPDP-IDNs Phase 1 Final Report.
- Should the final recommendations be adopted by the ICANN Board, the GNSO Council requests that ICANN org convene an IDN Implementation Review Team, to assist ICANN org in developing the implementation details for the Phase 1 final 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.
- The GNSO Council thanks the leadership, members, participants, and liaisons to the EPDP-IDNs Team for their commitment and hard work in completing the Phase One effort of this EPDP.
20231221-4
Motion to adopt the GNSO Guidance Process (GGP) for Applicant Support Guidance Recommendation Final Report
Submitted by: Paul McGrady
Seconded by: Lawrence Olawale-Roberts
Whereas,
- During its meeting on 25 August 2022, the GNSO Council approved the GNSO Guidance Process (GGP) Initiation Request to provide additional guidance to support the eventual implementation efforts relating to the Applicant Support Program, as recommended in the New generic Top-Level Domain (gTLD) Subsequent Procedures (SubPro) Final Report.
- Per the GNSO Guidance Process Manual, the GGP "is not expected to create new "Consensus Policy" recommendations including, but not limited to, any new contractual obligations for contracted parties (in which case a Policy Development Process (PDP) would need to be initiated).
- The working group was subsequently formed and began its work in November 2022, following its work plan and timeline.
- The working group's tasks included reviewing historical information about applicant support, identifying subject matter experts, developing data and measures of success, and suggesting a methodology for allocating financial support where there is inadequate funding for all qualified applicants.
- The working group completed its tasks and posted its Guidance Recommendation Initial Report for Public Comment on 31 July 2023.
- The working group deliberated as appropriate to properly evaluate and address comments received during the public comment period.
- On 11 December 2023, the working group transmitted its Final Report to the GNSO Council.
Resolved,
- The GNSO Council adopts the guidance recommendations as outlined in section 3, Working Group Final Guidance Recommendations.
- The GNSO Secretariat, on behalf of the Council, requests that ICANN org ensure that the Next Round implementation team considers these guidance recommendations.
- The GNSO Secretariat, on behalf of the Council, thanks the Chair, GNSO Council Liaison, and members of the GGP Applicant Support working group for their hard work and dedication in bringing this important project to completion.
20231116-1
CONSENT AGENDA
Motion - Confirmation of GNSO Representative to the Empowered Community Administration
Submitted by Greg DiBiase
Seconded by Desiree Miloshevic
Whereas,
- On 26 October 2023, the GNSO Council confirmed that the GNSO Vice-Chair Tomslin Samme-Nlar will represent the GNSO as the Decisional Participant on the Empowered Community (EC) Administration.
Resolved,
- The GNSO Council hereby confirms that Tomslin Samme-Nlar, GNSO Council Vice-Chair will represent the GNSO as the Decisional Participant on the Empowered Community Administration until the end of his term at ICANN84.
- The GNSO representative shall act solely as directed by the GNSO Council in accordance with the ICANN Bylaws and other related GNSO Operating Procedures.
- The GNSO Council requests the GNSO Secretariat to communicate this decision to the ICANN Secretary which will serve as the required written certification from the GNSO Chair designating the individual who shall represent the Decisional Participant on the EC Administration.
20231116-2
Motion to Approve Fundamental Bylaws
Submitted by Greg DiBiase
Seconded by Susan Payne
Whereas, the ICANN Board convened the Second IANA Naming Function Review ("IFR") to satisfy the requirement under Section 18.2(b) of the ICANN Bylaws that "Periodic IFRs after the first Periodic IFR shall be convened no less frequently than every five years, measured from the date the previous IFRT for a Periodic IFR was convened."
Whereas, the Board convened the first IFR on 16 September 2018.
Whereas, the first IFRT provided its Final Report to the ICANN Board to the ICANN Board on 8 April 2021, and the Board accepted all recommendations in the Report on 12 May 2021. This includes Recommendation 3, to amend the IFR Bylaws at Article 18, Section 18.12 to remove a duplicative requirement.
Whereas, as part of a 2019 public comment forum on a previous IFR team composition issue resulting in a Bylaws change, the Registries Stakeholder Group (RySG) requested additional changes to the IFR team composition to account for difficulties in achieving geographic diversity among RySG appointees.
Whereas, Article 19 regarding the IANA Naming Function Separation Process is also appropriate to update (at Section 19.5) at this time, to (1) conform to the 2019 Bylaws amendments regarding ccNSO representative selection; and (2) address the same diversity considerations raised by the RySG in relation to Article 18.
Whereas, Articles 18 and 19 of the ICANN Bylaws are identified as "Fundamental Bylaws", requiring formal Empowered Community approval of amendments. Due to the significant procedural requirements for consideration of Fundamental Bylaws changes, and to reduce duplication of processes, all proposed amendments to Articles 18 and 19 are being presented together.
Whereas, a public comment forum on the Proposed Fundamental Bylaws was open from 9 March 2023 – 18 April 2023, and no comments were received in opposition to the proposed amendments. A commenter noted a need to update two additional references (at Section 18.8(d) and 19.6(a) to align with the updated numbering within the two composition sections. Those changes are not material and are appropriate for incorporation without further public comment.
Whereas, the ICANN Board's Organizational Effectiveness Committee (OEC) has recommended that the Board approve the Fundamental Bylaws Amendments to Article 18 as recommended within the Recommendation of the Final Report of the IFR, as well as additional proposed amendments to clarify the IFR processes and respond to the RySG request and the corresponding clauses within Articles 18 and 19.
Whereas, on 10 September 2023, the ICANN Board passed a resolution for the Approval of Amendments to IANA Naming Function Review Bylaws and provided these updates are "an essential step in furthering the implementation of the recommendations of the first IANA Naming Function Review (IFR) team, as Recommendation 3 of the IFR identified changes necessary to Article 18 of the ICANN Bylaws. As well as the additional proposed changes to Articles 18 and 19, which serve to: (1) addressing a 2019 request from the Registries Stakeholder Group on updating the geographic diversity selection requirements for future IFR teams; and (2) clarifying ambiguities on the IFR processes identified through the first running of an IFR after the IANA Stewardship Transition."
Resolved, the GNSO Council hereby confirms the Fundamental Bylaws Amendments to Articles 18 and 19 of the ICANN Bylaws relating to IANA Naming Function Reviews and the IANA Naming Function Separation Process.
20231025-1
CONSENT AGENDA
Confirmation of Appointment of Ashley Heineman as GNSO-appointed Co-Chair of the IANA Naming Function Review Team
Submitted by Greg DiBiase
Seconded by Tomslin Samme-Nlar
- Whereas, on 16 September 2018, the first IANA Naming Function Review (IFR) was convened by the ICANN Board, in compliance with Article 18 of the ICANN Bylaws, which states: "The Board, or an appropriate committee thereof, shall cause periodic and/or special reviews (each such review, an "IFR") of PTI's performance of the IANA naming function against the contractual requirements set forth in the IANA Naming Function Contract and the IANA Naming Function SOW to be carried out by an IANA Function Review Team ("IFRT") established in accordance with Article 18."
- Whereas, Section 18.8(d) of the ICANN Bylaws requires both the GNSO and ccNSO Councils to appoint co-chairs to the IFRT.
- Whereas, on 18 September 2023, Ashley Heineman, who was appointed by the Registrar Stakeholder Group pursuant to Section 18.7(c) of the Bylaws, volunteered to serve as the Co-Chair of the IFRT.
Resolved,
- The GNSO Council accepts Ashley Heineman's appointment as the Co-Chair of the IANA Function Review Team and thanks her for her willingness to serve.
Motion to adopt the recommendations of the Council Committee for Overseeing and Implementing Continuous Improvement in relation to the review of the GNSO Statement of Interest (SOI) requirements
Submitted by Manju Chen
Seconded by Osvaldo Novoa
Whereas,
- The CCOICI tasked the GNSO Statement of Interest (SOI) Task Force (TF) to address the following questions:
- Is the original objective of the SOI, as stated in the BGC WG Report, still valid? If not, why not and what should the current objective be?
- Based on the response to question 1), is the requested information to be provided as part of the SOI still fit for purpose? If not, why not, and what would need to be changed to make it fit for purpose?
- Are there any further measures that should be considered from an enforcement / escalation perspective, in addition or instead of those already included in the requirements?
2. The TF commenced its deliberations in February 2022, submitting the TF Recommendations Report to the CCOICI on 27 April 2023. As the TF was not able to achieve full consensus on one essential element of its recommendations, namely whether there should be an exemption for those prevented by professional ethical obligations to disclose who they are representing in a specific effort, it recommended the CCOICI take on responsibility for resolving this specific issue as all other recommendations had achieved full consensus.
3. The CCOICI took up this issue in May of 2023 and considered it in detail as outlined in Annex A of the CCOICI Recommendations Report. As the CCOICI was not able to resolve the different positions on the exemption language, the CCOICI agreed to revert to the current, existing exemption language in the SOI to allow the Council to consider all the other recommendations as outlined in section 2 and 3 of the CCOICI Recommendations Report. These recommendations achieved full consensus of the TF as well as the CCOICI.
4. The CCOICI submitted its Recommendations Report to the GNSO Council on 14 August 2023.
5. The GNSO Council considered the CCOICI Recommendations Report during its August 2023 meeting.
Resolved,
- The GNSO Council adopts the recommendations as outlined in section #2 (SOI Recommendations) and #3 (Proposed Updates to the GNSO Operating Procedures), with the caveat that the proposed updates to the GNSO Operating Procedures will not be implemented until resolved #2 and #3 have been completed.
- The GNSO Council requests that the GNSO Policy Development Support Staff develop a proposed implementation plan for these recommendations, recognising that exploring the technical options as well as the transition needs careful consideration.
- The GNSO Council will consider the proposed implementation plan and as part of that consideration confirm when the proposed updates to the GNSO Operating Procedures are expected to take effect.
- The GNSO Council thanks the members of the GNSO SOI TF as well as the CCOICI for its work.
20231016-1
Motion for Electronic Ballot Vote 12 October 2023 - 16 October 2023
Approval of the GNSO Council's Clarifying Statement Regarding Select Pending SubPro Recommendations (DEFERRED from the September 2023 meeting)
Submitted by Greg DiBiase
Seconded by Paul McGrady
Whereas,
- The GNSO Council adopted the Final Report of the New gTLD Subsequent Procedures (SubPro) PDP on 18 February 2021.
- On 16 March 2023, the ICANN Board adopted the majority of the SubPro Outputs, as identified in Section A of the Scorecard, while designating a select set of recommendations as pending, identified in Section B of the Scorecard.
- The GNSO Council established a small team to carefully review the pending SubPro recommendations and identify the best path forward to seek to resolve the issues that were preventing Board adoption of the pending recommendations.
- The GNSO Council's small team benefited greatly from the open and frank dialogue with the co-leads of the Board's Caucus on SubPro.
- On 22 May 2023, the GNSO Council and ICANN Board discussed the expectation that for certain pending recommendations, a Clarifying Statement from the Council may be sufficient to mitigate the concerns preventing adoption of some of the pending recommendations.
- At ICANN77, the GNSO Council and ICANN Board reached agreement on the specific set of pending recommendations that may be resolved via a Clarifying Statement from the Council.
- The GNSO Council's small team developed a draft Clarifying Statement that was discussed with the Council during its July meeting and was subsequently shared with the ICANN Board for their consideration of whether the Clarifying Statement does indeed address the Board's concerns.
- The GNSO Council took into account the feedback from the ICANN Board and finalized the Council's first Clarifying Statement by removing the text in the Clarifying Statement relating to the enforceability of PICs and RVCs and holding this over to a future Clarifying Statement, pending further feedback from the ICANN Board.
- The GNSO Council approved the first Clarifying Statement durings its August 2023 meeting.
- The ICANN Board's SubPro caucus shared feedback on the recommendations relating to the enforceability of PICs and RVCs with the Council's SubPro Pending Recommendations small team; the small team subsequently finalized the Council's second Clarifying Statement.
- As with the first Clarifying Statement, this second Clarifying Statement should also be read as complementary to the relevant pending recommendation(s) and should be considered jointly with the recommendations for the purposes of implementation.
Resolved,
- The GNSO Council approves the second Clarifying Statement regarding select pending SubPro recommendations and stresses that the statement should be read as complementary to the relevant pending recommendation(s) and should be considered jointly with the recommendations for the purposes of implementation.
- The GNSO Council requests that the GNSO Secretariat communicate resolved #1 to the ICANN Board and provide the Board with the Clarifying Statement.
- The GNSO Council extends its thanks to the ICANN Board for its collegial, constructive, and pragmatic approach to addressing select pending recommendations and in particular, extends thanks to the co-leads of the Board's Caucus on SubPro, Avri Doria and Becky Burr.
20230921-1
Motion to adopt the recommendations of the Council Committee for Overseeing and Implementing Continuous Improvement in relation to the review of the GNSO Statement of Interest (SOI) requirements - (WITHDRAWN)
Submitted by Manju Chen
Seconded by Desiree Miloshevic
Whereas,
1. The CCOICI tasked the GNSO Statement of Interest (SOI) Task Force (TF) to address the following questions:
- Is the original objective of the SOI, as stated in the BGC WG Report, still valid? If not, why not and what should the current objective be?
- Based on the response to question 1), is the requested information to be provided as part of the SOI still fit for purpose? If not, why not, and what would need to be changed to make it fit for purpose?
- Are there any further measures that should be considered from an enforcement / escalation perspective, in addition or instead of those already included in the requirements?
2. The TF commenced its deliberations in February 2022, submitting the TF Recommendations Report to the CCOICI on 27 April 2023. As the TF was not able to achieve full consensus on one essential element of its recommendations, namely whether there should be an exemption for those prevented by professional ethical obligations to disclose who they are representing in a specific effort, it recommended the CCOICI take on responsibility for resolving this specific issue as all other recommendations had achieved full consensus.
3. The CCOICI took up this issue in May of 2023 and considered it in detail as outlined in Annex A of the CCOICI Recommendations Report. As the CCOICI was not able to resolve the different positions on the exemption language, the CCOICI agreed to revert to the current, existing exemption language in the SOI to allow the Council to consider all the other recommendations as outlined in section 2 and 3 of the CCOICI Recommendations Report. These recommendations achieved full consensus of the TF as well as the CCOICI.
4. The CCOICI submitted its Recommendations Report to the GNSO Council on 14 August 2023.
5. The GNSO Council considered the CCOICI Recommendations Report during its August 2023 meeting.
Resolved,
- The GNSO Council adopts the recommendations as outlined in section #2 (SOI Recommendations) and #3 (Proposed Updates to the GNSO Operating Procedures), with the caveat that the proposed updates to the GNSO Operating Procedures will not be implemented until resolved #2 and #3 have been completed.
- The GNSO Council requests that the GNSO Policy Development Support Staff develop a proposed implementation plan for these recommendations, recognising that exploring the technical options as well as the transition needs careful consideration.
- The GNSO Council will consider the proposed implementation plan and as part of that consideration confirm when the proposed updates to the GNSO Operating Procedures are expected to take effect.
- The GNSO Council thanks the members of the GNSO SOI TF as well as the CCOICI for its work.
20230921-2
Motion to adopt the Charter for a Registration Data Request Service (RDRS) Standing Committee to help inform the next steps on the SSAD policy recommendations
Submitted by Sebastien Ducos
Seconded by Osvaldo Novoa
(updated with the friendly amendment proposed by Stephanie Perrin and accepted by Sebastien Ducos and Osvaldo Novoa)
Whereas,
- On 24 September 2020, the Generic Names Supporting Organization Council (GNSO Council or Council) voted to approve all of the recommendations in its Final Report on the Expedited Policy Development Process on the Temporary Specification for gTLD Registration Data (EPDP) Phase 2.
- On 25 March 2021, the ICANN Board directed the President and CEO in office at the time, or their designee(s), to proceed with the Operational Design Phase (ODP) for GNSO Council-approved recommendations 1-18 from the EPDP Phase 2 Final Report on the System for Standardized Access/Disclosure (SSAD).
- On 25 January 2022, ICANN organization (ICANN org) published its Operational Design Assessment (ODA) of the SSAD.
- On 4 April 2022, the Phase 2 Expedited Policy Development Process on the Temporary Specification for gTLD Registration Data Small Team (Small Team), which the GNSO Council tasked to assess the ODA, delivered its Preliminary Report to the GNSO Council, recommending a "proof of concept" approach.
- The GNSO Council and the ICANN Board consulted regarding the next steps for the SSAD and the GNSO Council requested on 27 April 2022 that the ICANN Board pause its consideration of the recommendations concerning the SSAD while work continues on a "proof of concept".
- On 13 September 2022, ICANN org published a WHOIS Disclosure System (System) Design Paper based on the "proof of concept" approach outlined by the Small Team.
- The GNSO Council informed the ICANN Board on 17 November 2022 that the Council unanimously accepted the Addendum to the Preliminary Report (Addendum) prepared by the Small Team and supported the implementation of the System.
- On 27 February 2023, the ICANN Board directed ICANN org to "proceed to develop and launch the System as soon as possible". The ICANN Board also "directed ICANN org to continue to engage with the Phase 2 Small Team throughout the development and operation of the System, and ensure periodic publication of the collected usage data, once operational".
- On 15 March 2023, GNSO Council instructed the small team to continue working with ICANN org on the implementation of the System as well as "provide the Council with a recommendation on the approach and format through which, following implementation of the system, data should be reviewed and analyzed to help inform subsequent decisions on how to proceed with the SSAD recommendations".
- On 7 September 2023, the small team shared with the GNSO Council the proposed charter for a Registration Data Request Service (RDRS) Standing Committee to help inform the next steps on the SSAD policy recommendations.
- The GNSO Council considered the proposed charter during its meeting on 21 September 2023.
Resolved,
- The GNSO Council adopts the Charter for the Registration Data Request Service (RDRS) Standing Committee to help inform the next steps on the SSAD policy recommendations (see https://gnso.icann.org/sites/default/files/policy/2023/draft/draft-rdrs-standing-committee-08sep23-en.pdf).
- Prior to the launch of the RDRS Standing Committee, the GNSO Council will identify a Chair.
- The GNSO Council requests the GNSO Secretariat to confirm with the existing EPDP Phase 2 small team members if they are willing to continue as members of the RDRS Standing Committee and/or identify any alternates that may take their place in case of absence. For greater clarity, alternates mean in some cases replacements as required. Similarly, the GNSO Secretariat will reach out to the existing ICANN Board liaison and ICANN org liaison to confirm their willingness to continue in their role on the Standing Committee. If not, a new liaison(s) will be requested to be identified.
- The GNSO Council expects that the RDRS Standing Committee will become operational upon the moment of the public RDRS launch. Until that time, the EPDP Phase 2 small team is expected to continue its engagement with the ICANN org team, as necessary, in fulfillment of its assignment. Upon the public launch of RDRS, the EPDP Phase 2 small team will cease to exist. Any remaining activities at that point will transition to the RDRS Standing Committee.
- The GNSO Council thanks the EPDP Phase 2 small team for its work to date and appreciates the willingness of its members to continue contributing to this important topic.
20230921-3
Approval of the GNSO Council's Clarifying Statement Regarding Select Pending SubPro Recommendations (DEFERRED to the October 2023 meeting)
Submitted by Greg DiBiase
Seconded by
Whereas,
- The GNSO Council adopted the Final Report of the New gTLD Subsequent Procedures (SubPro) PDP on 18 February 2021.
- On 16 March 2023, the ICANN Board adopted the majority of the SubPro Outputs, as identified in Section A of the Scorecard, while designating a select set of recommendations as pending, identified in Section B of the Scorecard.
- The GNSO Council established a small team to carefully review the pending SubPro recommendations and identify the best path forward to seek to resolve the issues that were preventing Board adoption of the pending recommendations.
- The GNSO Council's small team benefited greatly from the open and frank dialogue with the co-leads of the Board's Caucus on SubPro.
- On 22 May 2023, the GNSO Council and ICANN Board discussed the expectation that for certain pending recommendations, a Clarifying Statement from the Council may be sufficient to mitigate the concerns preventing adoption of some of the pending recommendations.
- At ICANN77, the GNSO Council and ICANN Board reached agreement on the specific set of pending recommendations that may be resolved via a Clarifying Statement from the Council.
- The GNSO Council's small team developed a draft Clarifying Statement that was discussed with the Council during its July meeting and was subsequently shared with the ICANN Board for their consideration of whether the Clarifying Statement does indeed address the Board's concerns.
- The GNSO Council took into account the feedback from the ICANN Board and finalized the Council's first Clarifying Statement by removing the text in the Clarifying Statement relating to the enforceability of PICs and RVCs and holding this over to a future Clarifying Statement, pending further feedback from the ICANN Board.
- The GNSO Council approved the first Clarifying Statement durings its August 2023 meeting.
- The ICANN Board's SubPro caucus shared feedback on the recommendations relating to the enforceability of PICs and RVCs with the Council's SubPro Pending Recommendations small team; the small team subsequently finalized the Council's second Clarifying Statement (add link when available).
- As with the first Clarifying Statement, this second Clarifying Statement should also be read as complementary to the relevant pending recommendation(s) and should be considered jointly with the recommendations for the purposes of implementation.
Resolved,
- The GNSO Council approves the second Clarifying Statement (add link when available) regarding select pending SubPro recommendations and stresses that the statement should be read as complementary to the relevant pending recommendation(s) and should be considered jointly with the recommendations for the purposes of implementation.
- The GNSO Council requests that the GNSO Secretariat communicate resolved #1 to the ICANN Board and provide the Board with the Clarifying Statement.
- The GNSO Council extends its thanks to the ICANN Board for its collegial, constructive, and pragmatic approach to addressing select pending recommendations and in particular, extends thanks to the co-leads of the Board's Caucus on SubPro, Avri Doria and Becky Burr.
20230824-1
CONSENT AGENDA
Approval of the 2023 Customer Standing Committee (CSC) Slate of Members and Liaisons
Submitted by Greg DiBiase
Seconded by Paul McGrady
Whereas,
- The Customer Standing Committee (CSC) was established as one of the post IANA Transition entities and conducted its first meeting on 6 October 2016.
- In accordance with Section 17.2 (d) of the ICANN Bylaw and per the CSC Charter, the full membership of the CSC must be approved by the GNSO Council.
- On 9 August 2023, the GNSO Council received a letter from ICANN org staff supporting the CSC requesting that the GNSO Council approve the CSC slate of members and liaisons, noting that the SSAC has declined to appoint a liaison:
Members:
Dmitry Burkov (EU)
Appointing Organization: RySG
Term: 2023 - 2025
Federico Neves (LAC)
Appointing Organization: ccNSO
Term: 2023 – 2025
Brett Carr (EU)
Appointing Organization: ccNSO
Term: 2022 - 2024
Rick Wilhelm (NA)
Appointing Organization: RySG
Term: 2022 - 2024
Liaisons:
Holly Raiche
Appointing Organization: ALAC
Term: 2023 - 2025
Milton Mueller
Appointing Organization: GNSO (Non-Registry)
Term: 2023 - 2025
Gloria Atwine Katuuku
Appointing Organization: GAC
Term: 2022 – 2024
Ken Renard
Appointing Organization: RSSAC
Term: 2022 - 2024
Amy Creamer
Appointing Organization: PTI
Term: No term limit
Alternates:
John Gbadamosi
Appointing Organization: GNSO (Non-Registry)
Term: 2023 - 2025
Ejikeme Egbuogu
Appointing Organization: ALAC
Term: 2023 - 2025
Resolved,
- The GNSO Council approves the 2023 CSC slate of members and liaisons.
- The GNSO Council requests that the GNSO Secretariat notify ICANN Org staff supporting the CSC no later than 1 September 2023 that the GNSO has approved the 2023 CSC slate of members and liaisons.
20230824-2
Approval of the GNSO Council's Clarifying Statement Regarding Select Pending SubPro Recommendations
Submitted by Greg DiBiase
Seconded by Susan Payne
Whereas,
- The GNSO Council adopted the Final Report of the New gTLD Subsequent Procedures (SubPro) PDP on 18 February 2021.
- On 16 March 2023, the ICANN Board adopted the majority of the SubPro Outputs, as identified in Section A of the Scorecard, while designating a select set of recommendations as pending, identified in Section B of the Scorecard.
- The GNSO Council established a small team to carefully review the pending SubPro recommendations and identify the best path forward to seek to resolve the issues that were preventing Board adoption of the pending recommendations.
- The GNSO Council's small team benefited greatly from the open and frank dialogue with the co-leads of the Board's Caucus on SubPro.
- On 22 May 2023, the GNSO Council and ICANN Board discussed the expectation that for certain pending recommendations, a Clarifying Statement from the Council may be sufficient to mitigate the concerns preventing adoption of some of the pending recommendations.
- At ICANN77, the GNSO Council and ICANN Board reached agreement on the specific set of pending recommendations that may be resolved via a Clarifying Statement from the Council.
- The GNSO Council's small team developed a draft Clarifying Statement that was discussed with the Council during its July meeting and was subsequently shared with the ICANN Board for their consideration of whether the Clarifying Statement does indeed address the Board's concerns.
- The GNSO Council took into account the feedback from the ICANN Board and finalized the Council's Clarifying Statement by removing the text in the Clarifying Statement relating to the enforceability of PICs and RVCs and holding this over to a future Clarifying Statement, pending further feedback from the ICANN Board.
- The Clarifying Statement should be read as complementary to the relevant pending recommendation(s) and should be considered jointly with the recommendations for the purposes of implementation.
Resolved,
- The GNSO Council approves the Clarifying Statement regarding select pending SubPro recommendations and stresses that the statement should be read as complementary to the relevant pending recommendation(s) and should be considered jointly with the recommendations for the purposes of implementation.
- The GNSO Council requests that the GNSO Secretariat communicate resolved #1 to the ICANN Board and provide the Board with the Clarifying Statement.
- The GNSO Council extends its thanks to the ICANN Board for its collegial, constructive, and pragmatic approach to addressing select pending recommendations and in particular, extends thanks to the co-leads of the Board's Caucus on SubPro, Avri Doria and Becky Burr.
20230720-1
CONSENT AGENDA
Data Accuracy Scoping Team Recommendations #1 and #2 – extending deferral of consideration by six months
Submitted by Greg DiBiase
Seconded by Paul McGrady
Whereas,
The GNSO Council resolved on 17 November 2022 to defer consideration of recommendations #1 and #2 of the Registration Data Accuracy Scoping Team write up until such time the Data Processing Agreement (DPA) negotiations between ICANN org and Contracted Parties have completed and there is feedback from ICANN org on if/how it anticipates the requesting and processing of registration data will be undertaken in the context of measuring accuracy, or for six months, whichever is the shorter;
- The GNSO Council wrote to ICANN org to obtain this feedback and received a response providing a status update on 14 March 2023 which was also presented during its April 2023 meeting;
- ICANN org's work on the scenarios that have been identified to review the accuracy of registration data and the data protection questions that arise from these scenarios is still ongoing;
- Negotiations between ICANN org and Contracted Parties on a DPA have not completed yet.
Resolved,
- The GNSO Council extends the deferral of consideration of recommendations #1 and #2 of the Registration Data Accuracy Scoping Team write up for another six months.
- The GNSO Council commits to considering the Scoping Team recommendations at an earlier date if the DPA negotiations have been completed before six months have passed and/or there is feedback from ICANN org if/how it anticipates the requesting and processing of registration data will be undertaken in the context of measuring accuracy.
Motion to adopt the GNSO Review of GAC ICANN77 Washington, D.C. Communiqué Advice for submission to the ICANN Board
Submitted by Greg DiBiase
Seconded by Paul McGrady
Whereas,
- 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.
- The GNSO is responsible for developing and recommending to the ICANN Board substantive policies relating to generic top-level domains.
- 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.
- The GNSO Council's review of GAC Communiqué Advice 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,
- The GNSO Council adopts the GNSO Council Review of GAC ICANN77 Washington, D.C. Communiqué Advice (see https://gac.icann.org/advice/communiques/public/ICANN77%20Washington%20D.C.%20Communique.pdf?language_id=1) and requests that the GNSO Council Chair communicate the GNSO Council Review of ICANN77 GAC Communiqué Advice to the ICANN Board.
- 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.
Motion to Re-Appoint Milton Mueller as the GNSO Non-Registry Liaison to the Customer Standing Committee (CSC)
Submitted by Greg DiBiase
Seconded by Paul McGrady
Whereas,
- 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.
- The Liaison stepped down from the role as of ICANN69 due to his appointment to the PTI Board.
- 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.
- The GNSO Council tasked the GNSO Standing Selection Committee (SSC) with reviewing applications and recommending one individual for the GNSO to appoint.
- The SSC submitted its full consensus recommendation to the GNSO Council on 8 January 2021, by way of submission of the relevant motion.
- The GNSO appointed Milton Mueller to serve as GNSO Non-Registry Liaison to the Customer Standing Committee with a term ending in September 2023.
- Milton Mueller has indicated his interest in continuing as Liaison.
Resolved,
- The GNSO re-appoints Milton Mueller to serve as GNSO Non-Registry Liaison to the Customer Standing Committee for a two-year term beginning 01 October 2023.
- The GNSO Council instructs the GNSO Secretariat to communicate resolved #1 to staff supporting the Customer Standing Committee.
- The GNSO Council instructs the GNSO Secretariat to inform Milton that he has been re-appointed.
Motion to Appoint the GNSO Standing Selection Committee's (SSC) Candidate for the GNSO Alternate Non-Registry Liaison to the Customer Standing Committee (CSC)
Submitted by Greg DiBiase
Seconded by Paul McGrady
Whereas,
- The Customer Standing Committee (CSC) has decided to allow alternate liaisons.
- In June 2023, 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 Alternate Non-Registry Liaison role for the term beginning 01 October 2023.
- The GNSO Council tasked the GNSO Standing Selection Committee (SSC) with reviewing applications and recommending one candidate as the GNSO Alternate Non-Registry Liaison to the CSC.
- The SSC reviewed the one candidate application received against the criteria outlined in the EOI announcement.
- The SSC submitted its full consensus recommendation of the candidate to the GNSO Council on 14 July 2023.
- The GNSO Council considered the recommendation of the SSC.
Resolved,
- The GNSO appoints John Gbadamosi to serve as GNSO Alternate Non-Registry Liaison to the CSC.
- The GNSO Council instructs the GNSO Secretariat to communicate the appointed candidate to staff supporting the CSC.
- The GNSO Council instructs the GNSO Secretariat to inform the candidate that he has been appointed.
20230614-1
CONSENT AGENDA
Motion to commemorate Pam Little
Proposed: Greg DiBiase
Seconded: All members of the GNSO Council
The Council was informed earlier this month of Pam Little's passing. We wish to recognize Pam's significant contribution to the GNSO and the ICANN multi-stakeholder model during her tenure, as well as her professionalism, her friendship, and her mentorship to many. She will be greatly missed.
Whereas:
- Pam Little joined the GNSO Council 1 November 2017 as an elected representative of the Registrar Stakeholder Group from the APAC Region. She served 2 terms between 2017 and 2021.
- Pam served as Vice Chair of the GNSO Council between 2019 and 2021.
- As Vice Chair of the GNSO Council, Pam brought her professionalism, her deep knowledge of the GNSO Council's best practices and history, her thirst for knowledge for the subject matter, to serve the CPH she represented as well as Council as a whole.
- Pam made significant contributions to ICANN and was a strong and respected community leader. During her tenure as GNSO Council Vice-Chair, Pam participated in and lent her talents to many GNSO initiatives, including but not limited to:
- PDP 3.0 Implementation Final Report & Consensus Playbook
- Accuracy Charter Drafting Team
Pam was also an active and valuable member of many ICANN initiatives, outside of her service to the GNSO Council, including but not limited to:
- Non-PDP on Data and Metrics for Policy Making
- Cross-Community Working Group on Internet Governance (Workstream 2 on Staff Accountability)
- Cross-Community Working Group on Internet Governance (Workstream 2 on Diversity)
- Cross-Community Workstream 2 Community Coordination Working Group
- Nominating Committee
- Transfer Policy Review Working Group
5.Pam was a well-respected and much liked member of not only the GNSO and the CPH, but of the broader ICANN Community. She was a mentor to many who are able to trace back their commitment to the ICANN Community to her example, encouragement, and enduring support.
6.Pam was also an active member of the community of ICANN participants within the APAC region - she was known and respected as a leader, facilitator, and active contributor among many in her region. Pam mentored and assisted many new APAC participants in their starts at ICANN, their starts as new ICANN APAC leaders, and was available and helpful to many throughout their ICANN journey.
7.Pam's roots in the ICANN environment also extend to her time at ICANN org, where she was a valued member of the ICANN Contractual Compliance Team and brought her professionalism and subject matter expertise to the role and function.
8.Pam's passing is a great loss to the many people across the ICANN community and organization that had the pleasure to work and interact with her, and for her many friends at ICANN the loss is significant.
Resolved:
- The GNSO Council wishes to recognize the significant contribution Pam Little made to the GNSO Council and the ICANN Community during her tenure and her notable achievements during this time.
- Pam's energy, professionalism and commitment to the ICANN Community will be dearly missed.
- On behalf of the current and previous GNSO Councils represented today, we offer our deepest and heartfelt sympathies to her family and friends at this most difficult time.
20230420-1
CONSENT AGENDA
Motion to adopt the GNSO Review of GAC ICANN76 Cancún Communiqué Advice for submission to the ICANN Board
Submitted by Greg DiBiase
Seconded by Sebastien Ducos
Whereas,
- 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.
- The GNSO is responsible for developing and recommending to the ICANN Board substantive policies relating to generic top-level domains.
- 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.
- The GNSO Council's review of GAC Communiqué Advice 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,
- The GNSO Council adopts the GNSO Council Review of GAC ICANN76 Cancún Communiqué Advice (see https://gac.icann.org/contentMigrated/icann76-cancun-communique) and requests that the GNSO Council Chair communicate the GNSO Council Review of ICANN76 GAC Communiqué Advice to the ICANN Board.
- 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
CONSENT AGENDA
Motion to Defer Consideration of a Policy Status Report (PSR) for the Expedited Domain Deletion Policy (EDDP) and Expedited Registration Recovery Policy (ERRP)
Submitted by Greg DiBiase
Seconded by Sebastien Ducos
WHEREAS,
- In October 2020, the GNSO Council considered when to request a PSR to conduct a review of the two Expiration Policies, the EDDP and the ERRP and agreed to defer consideration for 24 months given concerns about capacity;
- In July 2022, the Council revisited the question of when to request a PSR and agreed that, prior to proceeding with a PSR or deferral, the GNSO Council should check with both registrars and ICANN Compliance to determine if there are any known issues or concerns with either of the two Expiration Policies that could warrant requesting a PSR;
- On 1 November 2022, ICANN org provided a report on the Expiration Policies presented the report to the GNSO Council during its November 2022 meeting;
- Following discussion of the ICANN org report, a small team of Councilors reviewed the report and the previous feedback from registrars and presented its recommendation to the GNSO Council during its March 2023 meeting;
- The GNSO Council agreed to the small team's recommendation to request additional information from ICANN org regarding what expiration-related educational materials are currently published and whether additional information can be provided;
- The GNSO Council agreed to revisit the decision to request a PSR 6 months following the delivery of the requested information from ICANN org.
RESOLVED,
- The GNSO Council adopts the motion to defer consideration of a Policy Status Report (PSR) for the Expedited Domain Deletion Policy (EDDP) and Expedited Registration Recovery Policy (ERRP) for 6 months from the date the requested information from ICANN org is received.
- The GNSO Council leadership directs GNSO Policy Support Staff to notify GDS of the request for information on expiration-related educational materials.
CONSENT AGENDA
Motion to Defer for 18 Months the Next Steps of Phase Two of the Review of All Rights Protection Mechanisms (RPMs) in All New gTLDs Policy Development Process (PDP)
Submitted by Greg DiBiase
Seconded by Sebastien Ducos
WHEREAS,
- This PDP is being conducted in two phases: Phase One focused on a review of all the RPMs that were developed for the 2012 New gTLD Program, and Phase Two will focus on a review of the Uniform Dispute Resolution Policy (UDRP);
- ICANN's Board of Directors approved all Phase One consensus recommendations in January 2022;
- Discussions of the GNSO Council in its 2022 meetings seemed to indicate support to delay next steps on Phase Two and that the delay should be tied to the completion or key milestones for the Implementation Review Team (IRT) once it is launched;
- The Phase One IRT was launched in December 2022 with a projected end date of December 2024;
- During its meeting on 16 February 2023, the GNSO Council agreed to defer next steps on the RPMs PDP Phase Two for 18 months and to provide a rationale for its decision;
- The GNSO Council leadership posted a rationale for the decision to defer to the Council email distribution list on 04 April 2023.
RESOLVED,
- The GNSO Council adopts the motion to defer next steps on Phase Two of the RPMs PDP for an 18-month period beginning on 20 April 2023.
- The GNSO Council leadership directs the RPMs PDP support staff to notify GDS of the deferral.
- The GNSO Council may revise the deferral period depending on the progress of the IRT via an adopted motion.
CONSENT AGENDA
Motion to Adopt the Final Report of the Customer Standing Committee Effectiveness Review Team's Final Report
Submitted by Greg DiBiase
Seconded by Sebastien Ducos
WHEREAS,
- The Customer Standing Committee (CSC) was established as one of the post IANA Transition entities and conducted its first meeting on 6 October 2016;
- In accordance with Section 17.2 (d) of the ICANN Bylaws and per the CSC Charter, the effectiveness of the CSC is to be reviewed using a method determined by the ccNSO and GNSO Councils;
- In September 2018, the ccNSO and GNSO Councils adopted a Template to conduct the first Effectiveness Review, and in August 2021, the ccNSO and GNSO Councils adopted the Terms of Reference for the second CSC Effectiveness Review, using the same template as the first review supplemented with a question on whether the recommendations of the first review had been implemented and were effective;
- On 17 March 2023, the CSC Effectiveness Review Team delivered its Final Report to the GNSO Council for its consideration and adoption.
RESOLVED,
- The GNSO Council approves the Final Report of the CSC Effectiveness Review Team.
- The GNSO Council requests that the GNSO Secretariat notify ICANN Org staff supporting the CSC no later than 28 April 2023.
20230315-1
Motion to adopt the Council Committee for Overseeing and Implementing Continuous Improvement (CCOICI) Working Group Self-Assessment (WGSA) Recommendations Report
Submitted by Manju Chen
Seconded by Greg DiBiase
WHEREAS,
- The GNSO Council initiated the GNSO Framework for Continuous Improvement Pilot Project on 16 June 2021;
- As part of this Framework, a Council Committee for Overseeing and Implementing Continuous Improvement (CCOICI) was established;
- As part of the pilot, the CCOICI was tasked to consider if/how the GNSO WG Self-Assessment can be improved and possibly enhanced with a periodic assessment as well as exit interview with interested parties to help identify at an early stage potential issues as well as future improvements to be considered. This could potentially be combined with the WG Chair assessment as outlined in PDP 3.0 improvement #13. Council Committee to also consider the findings of the most recent WG Self-Assessments to determine if there are other improvements the GNSO Council should consider.
- The CCOICI commenced its deliberations on 8 September 2021 and presented its preliminary report to the GNSO Council during its meeting in February 2022;
- The preliminary report and resulting changes to the GNSO Operating Procedures were published for public comment;
- The CCOICI reviewed the input received and submitted its final recommendations report to the GNSO Council on 5 January 2023;
Resolved,
- The GNSO Council adopts the CCOICI Working Group Self-Assessment Recommendations Report.
- The GNSO Council directs GNSO Staff Support to implement the changes as outlined in the Recommendations Report and convey the survey tool technical requirements as outlined in section F to the relevant ICANN org department.
- The GNSO Council instructs ICANN staff to post the new version of the GNSO Operating Procedures, effective immediately upon adoption.
- The GNSO Council thanks the CCOICI for its work on this topic.
20230216-1
CONSENT AGENDA
Nomination of a Member of the Fellowship Selection Committee
Submitted by: Greg DiBiase
Seconded by: John McElwaine
Whereas,
- On 11 November 2022, the ICANN Fellowship Program invited the GNSO to nominate one individual to serve as member of the Fellowship Selection Committee for six consecutive ICANN meetings beginning with ICANN78.
- On 9 December 2022, the GNSO launched an Expression of Interest (EOI) process to solicit volunteers for the GNSO-nominated position.
- The GNSO Council tasked the GNSO Standing Selection Committee (SSC) with reviewing applications and recommending one individual for the GNSO to nominate.
- The SSC reviewed the applications received, taking into account the criteria outlined in the EOI announcement.
- The SSC submitted its full consensus recommendation to the GNSO Council on 06 February 2023, by way of submission of the relevant motion.
- The GNSO Council considered the recommendations of the SSC.
Resolved,
- The GNSO nominates Taiwo Peter Akinremi to serve as a Fellowship Selection Committee member for six consecutive ICANN meetings, beginning with ICANN78.
- The GNSO Council instructs the GNSO Secretariat to communicate resolved #1 to staff supporting the ICANN Fellowship Program.
- The GNSO Council instructs the GNSO Secretariat to inform the nominated candidate that he has been selected.
- The GNSO Council requests the GNSO Secretariat to send a response to the applicants who were not nominated, thanking them for their interest and encouraging them to apply for future opportunities as they arise.
CONSENT AGENDA
Adoption of the Revised Charter for the Budget and Operations Townhall
Submitted by: Greg DiBiase
Seconded by: John McElwaine
Whereas,
- In 2017 the GNSO Council expressed its desire to establish the GNSO Standing Committee on Budget and Operations (SCBO) to assist with the development of GNSO Council comments that relate to ICANN's Budgetary and Finance matters;
- On 21 December 2017, the GNSO Council adopted the formation of the SCBO and its interim charter;
- In FY18, the SCBO developed four public comments (IANA-PTI FY19 Budget, ICANN's Reserve Fund Target Level, ICANN's Draft FY19 Budget and Operating Plan, and ICANN Reserve Fund: Proposed Replenishment Strategy) on behalf of the GNSO Council that were later accepted and posted to ICANN's public forum;
- On 24 October 2018, the GNSO Council voted to adopt the charter for the GNSO Standing Committee on Budget and Operations (SCBO) on a permanent basis;
- On an annual basis, the SCBO developed and provided drafts public comment to the GNSO Council on the IANA-PTI Budget and ICANN's Draft Budget and Operating Plan, which upon non-objection from the Council, were submitted to the relevant public comment proceeding;
- Interest and engagement in the SCBO has waned and the substance of public comments has diminished;
- The GNSO Council identified an opportunity to evolve the SCBO to better align with the needs of the Council as well as establish a consistent platform for the Stakeholder Groups and Constituencies to engage with the Finance and Planning team in a more streamlined and collaborative manner; and,
- The GNSO Council leadership team coordinated with the GNSO Council and Stakeholder Group and Constituency leadership teams to ensure that they are supportive of the change to the SCBO.
Resolved,
- The GNSO Council adopts the revised Charter for the Budget and Operations Townhall (formerly known as the SCBO).
- The GNSO Council thanks the Council members and subject matter experts that have contributed to the SCBO throughout its lifespan.
20230216-2
Motion - Approval of a Project Change Request (PCR) to Update the Project Plan of the Transfer Policy Review (TPR) Policy Development Process (PDP)
Submitted by: Osvaldo Novoa
Seconded by: Greg Dibiase
Whereas,
- On 18 February 2021, the GNSO Council voted to initiate a PDP to review the Transfer Policy.
- On 24 March 2021, the GNSO Council approved the PDP working group's charter, which anticipated a two-phase approach to completing the PDP's work.
- The working group began meeting in May 2021 and has made substantial progress, including publication of an Initial Report on Phase 1(a) topics, review of public comments on the Phase 1(a) Initial Report, and preliminary deliberations on Phase 1(b) topics.
- In the course of considering the Phase 1 charter questions, the working group identified dependencies between charter topics that require the working group to make progress on certain Phase 2 topics (Transfer Emergency Action Contact (TEAC), reversal of a transfer, and Transfer Dispute Resolution Policy (TDRP)) before Phase 1 deliberations on inter-registrar and inter-registrant transfers can be completed.
- The working group has determined that the best path forward is to consolidate its work into a single phase, which will allow the working group to consider all topics in the charter iteratively. This approach will result in delivery of a second Initial Report covering all topics in the charter and a single Final Report.
- The working group anticipates that with this new approach, the PDP will conclude a year earlier than originally anticipated, because there will be fewer discrete deliverables and public comment periods.
- The Working Group leadership team submitted a Project Change Request outlining the full rationale for updating the project plan.
Resolved,
- The GNSO Council approves this Project Change Request.
- The GNSO Council instructs policy support staff to update the TPR project plan, charter, and other materials accordingly and post on the working group wiki.
20230119-1
CONSENT AGENDA - Nomination of a Mentor for the ICANN Fellowship Program
Submitted by: Sebastien Ducos
Seconded by: Osvaldo Novoa
Whereas,
- On 11 November 2022, 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 ICANN78.
- On 1 December 2022, the GNSO launched an Expression of Interest (EOI) process to solicit volunteers for the GNSO-nominated mentor position.
- The GNSO Council tasked the GNSO Standing Selection Committee (SSC) with reviewing applications and recommending one individual for the GNSO to nominate.
- The SSC reviewed the applications received, taking into account the criteria outlined in the EOI announcement.
- The SSC submitted its full consensus recommendation to the GNSO Council on 09 January 2023, by way of submission of the relevant motion.
- The GNSO Council considered the recommendations of the SSC.
Resolved,
- The GNSO nominates Arinola Akinyemi to serve as a ICANN Fellowship Program mentor for three consecutive ICANN meetings, beginning with ICANN78.
- The GNSO Council instructs the GNSO Secretariat to communicate resolved #1 to staff supporting the ICANN Fellowship Program.
- The GNSO Council instructs the GNSO Secretariat to inform the nominated candidate that he or she has been selected.
- The GNSO Council requests the GNSO Secretariat to send a response to the applicant who was not nominated, thanking them for their interest and encouraging them to apply for future opportunities as they arise.
CONSENT AGENDA - Approve the GNSO Council Liaison to the Transfer Policy Review (TPR) Policy Development Process (PDP) Working Group
Submitted by: Sebastien Ducos
Seconded by: Osvaldo Novoa
Whereas,
- On 18 February 2021, the GNSO Council voted to initiate a PDP to review the Transfer Policy.
- The Working Group began meeting in May 2021 and has made substantial progress on its work.
- The current Council Liaison to the PDP, Greg DiBiase, will step down after serving in the role since April 2021.
- Osvaldo Novoa has agreed to serve as the GNSO Council Liaison to the Transfer Policy Review (TPR) Policy Development Process (PDP).
Resolved,
- The GNSO Council approves Osvaldo Novoa to serve as the GNSO Council Liaison to TPR PDP.
- The GNSO Council directs staff to communicate the results of this motion to Osvaldo Novoa and the members of the Working Group.
20221215-1
CONSENT AGENDA
Motion to Approve GNSO Standing Selection Committee (SSC) Leadership for 2022-2023
Submitted by: Greg DiBiase
Seconded by: Sebastien Ducos
WHEREAS,
- The GNSO Standing Selection Committee (SSC) is tasked, as requested by the GNSO Council, to 1), where applicable, prepare and issue calls for applications related to the selection or nomination of candidates for ICANN structures such as ICANN review teams, 2) review and evaluate all relevant applicants/candidates, 3) rank candidates and make selection/appointment recommendations for review and approval by Council and 4) communicate selections to all interested parties.
- The membership of the SSC is reconfirmed annually following the Annual General Meeting.
- Following reconfirmation each year, the SSC selects a Chair and one or two Vice Chair(s) from its membership.
- The SSC selected a leadership team for 2022-2023, which it submitted for approval to the GNSO Council by way of this motion:
- Arinola Akinyemi (BC) to remain for a second term as Chair.
- Alan Woods (RySG) to serve as Vice Chair.
RESOLVED,
- The GNSO Council approves the SSC leadership team for 2022-2023:
- Chair: Arinola Akinyemi (BC)
- Vice Chair: Alan Woods (RySG)
3. The GNSO Council requests that ICANN org Support Staff inform the candidates and the SSC that the leadership team has been approved.
4. The GNSO Council thanks Arinola Akinyemi and Alan Woods for volunteering to serve on the SSC leadership team.
CONSENT AGENDA
Motion to confirm CCOICI Chair and GNSO Council representative to the WS2 Community Coordination Group
Submitted by: Sebastien Ducos
Seconded by: Desiree Miloshevic
WHEREAS,
- The GNSO Council initiated the GNSO Framework for Continuous Improvement Pilot Project on 16 June 2021;
- As part of this Framework, a Council Committee for Overseeing and Implementing Continuous Improvement (CCOICI) was established;
- The previous chair of the CCOICI, Olga Cavalli had to step down from her role as Chair as well as GNSO Council representative to the WS2 Community Coordination Group (CCG) following her departure from the GNSO Council.
RESOLVED,
- The GNSO Council confirms Manju Chen as the Chair of the CCOICI.
- The GNSO Council confirms that Manju Chen will serve as the GNSO Council representative to the WS2 Community Coordination Group (CCG) and requests her to report back to the GNSO Council on a regular basis on the status of the CCG's deliberations.
- The GNSO Council thanks Olga Cavalli for her service and Manju Chen for volunteering to take on this role.
CONSENT AGENDA
Motion to Approve the GNSO Council Liaison to the Working Group of the GNSO Guidance Process on Applicant Support
Submitted by: Greg DiBiase
Seconded by: Sebastien Ducos
Whereas,
- The GNSO Council discussed and agreed that the GNSO Guidance Process (GGP) would serve as an appropriate mechanism to provide additional guidance to support eventual implementation efforts for the New gTLD Subsequent Procedures (SubPro) PDP and that the GGP should be limited to the single topic of Applicant Support, with an allowance to add additional scope to the GGP subject to Council vote.
- At its meeting on 25 August 2022 the GNSO Council approved the Initiation Request [gnso.icann.org] for the GGP for Applicant Support Working Group.
- The GNSO Council received one volunteer – Paul McGrady – for the position of Liaison from the GNSO Council to the GGP for Applicant Support Working Group.
Resolved,
- The GNSO Council approves Paul McGrady for the position of Liaison from the GNSO Council to the GGP for Applicant Support Working Group.
- The GNSO Council directs staff to communicate the results of this motion to Paul McGrady and the members of the Working Group.
CONSENT AGENDA
Motion to Approve the Work Plan and Timeline for the GNSO Guidance Process on Applicant Support Working Group
Submitted by: Greg DiBiase
Seconded by: Sebastien Ducos
Whereas,
- The GNSO Council discussed and agreed that the GNSO Guidance Process (GGP) would serve as an appropriate mechanism to provide additional guidance to support eventual implementation efforts for the New gTLD Subsequent Procedures (SubPro) PDP and that the GGP should be limited to the single topic of Applicant Support, with an allowance to add additional scope to the GGP subject to Council vote.
- At its meeting on 25 August 2022 the GNSO Council approved the Initiation Request [gnso.icann.org] for the GGP for Applicant Support Working Group.
- At its meeting on 20 October 2022 the GNSO Council approved Mike Silber as Chair of the GGP for Applicant Support Working Group.
- The Working Group had its first meeting on 21 November and at its second meeting on 05 December approved a Work Plan and Timeline for consideration by the GNSO Council at its meeting on 15 December 2022.
Resolved,
- The GNSO Council approves the Work Plan and Timeline for the Working Group of the GGP for Applicant Support.
- The GNSO Council directs staff to communicate the results of this motion to the members of the Working Group.
20221215-2
Motion to adopt the Council Committee for Overseeing and Implementing Continuous Improvement (CCOICI) WS2 Recommendations Report
Submitted by: Manju Chen
Seconded by: Sebastien Ducos
WHEREAS,
- The GNSO Council initiated the GNSO Framework for Continuous Improvement Pilot Project on 16 June 2021;
2. As part of this Framework, a Council Committee for Overseeing and Implementing Continuous Improvement (CCOICI) was established;
3. On 9 March 2022 the GNSO Council directed the CCOICI to undertake the following WS2 items:
-
- Review the staff assessment of GNSO Council's implementation status of Recommendation 2 Guidelines for Good Faith Conduct (2.1, 2.2) and Recommendation 6 SO/AC Accountability (6.1-6.5);
- Recommendation 1 Diversity – revisit Council's initial prioritization and carry out implementation for applicable sub recommendations, if any;
- Recommendation 3 Human Rights Framework – carry out implementation from GNSO Council's perspective;
- Recommendation 6.1.5 (non-mandatory) – discuss whether the GNSO Council wishes to implement, and if so, how to implement;
- Rank Recommendations 1, 2.3 and 3 from Council's perspective to help inform the prioritization by the Community Coordination Group.
4. The CCOICI commenced its deliberations on 30 March 2022 by reviewing the background briefing prepared by support staff and documented its progress as part of its work plan;
5. The CCOICI submitted its recommendations report to the GNSO Council on 4 April 2022;
6. The Council received a presentation and considered the report during its meeting on 17 November 2022.
RESOLVED,
- The GNSO Council adopts the CCOICI WS2 Recommendations Report;
2. The GNSO Council directs GNSO Staff Support to communicate the WS2 status designations as outlined in the Recommendations Report to the relevant ICANN org colleagues to document the Council's assessment of these recommendations;
3. The GNSO Council directs GNSO Staff Support to move forward with the implementation recommendations related to 2.1.2. (Petition for Removal of Directors);
4. In relation to 3 (Framework of Interpretation for Human Rights), the GNSO Council directs GNSO Staff Support to work on a proposed implementation of the recommendations, consulting relevant community experts as needed. This proposed implementation is to be reviewed and approved by the GNSO Council before implementation;
5. The GNSO Council thanks the CCOICI for its work and expresses its appreciation to Olga Cavalli, who served until recently as the Chair of the CCOICI.
20221117-1
CONSENT AGENDA
Motion to Approve the GNSO Council Liaison to the Rights Protection Mechanisms Phase 1 Implementation Review Team
Submitted by: Greg DiBiase
Seconded by: Sebastien Ducos
Whereas,
- The Internet Corporation for Assigned Names and Numbers (ICANN) organization is seeking volunteers to participate in an Implementation Review Team (IRT) to assist in the implementation of the policy recommendations from the Phase 1work of the Policy Development Process (PDP) Working Group on the Review of All Rights Protection Mechanisms (RPMs) in All Generic Top-Level Domains (gTLDs).
- The Consensus Policy Implementation Framework (CPIF) envisions that ICANN org Global Domains and Strategy (GDS) will seek a liaison to the IRT from the GNSO Council.
- At its meeting on 20 October 2022 the GNSO Council called for volunteers for the liaison to the RPMs IRT and John McElwaine volunteered.
Resolved,
- The GNSO Council acknowledges John McElwaine as the GNSO Council Liaison to the RPMs IRT.
- The GNSO Council directs staff on behalf of Council leadership to communicate the results of this motion to the GDS staff.
20221117-2
CONSENT AGENDA
Approval of a Project Change Request from the Internationalized Domain Names Expedited Policy Development Process
Submitted by: Farell Folly
Second by: Tomslin Samme Nlar
Whereas,
- On 20 May 2021, the GNSO Council voted to initiate the Internationalized Domain Names Expedited Policy Development Process (IDNs-EPDP);
- The EPDP Team began meeting in August 2021 and has been making substantial progress on its deliberation of charter questions;
- The EPDP Team has determined that it will facilitate the implementation planning of the New gTLD Subsequent Procedures by bifurcating its work into two phases, with Phase 1 covering topics related to top-level IDN gTLD definition and variant management, and Phase 2 covering issues pertaining to second-level IDN variant management;
- The EPDP Team has also determined that a timeline extension is required to complete its work due to the diversity and complexity of IDN issues, additional data collection needs, review of ICANN org input for draft recommendations, and public comment-related processes;
- The EPDP leadership team has submitted a Project Change Request outlining the complete rationale for the substantive changes to the project plan and timeline.
RESOLVED,
- The GNSO Council approves this Project Change Request.
- The GNSO Council instructs policy support staff to update the IDNs-EPDP Team's project plan, timeline, and other materials accordingly, and post them on the EPDP wiki project space.
20221117-3
GNSO Council adoption of EPDP Phase 2 Small Team Addendum to Preliminary Report
Submitted by: Sebastien Ducos
Seconded by: Thomas Rickert
WHEREAS,
- Following the delivery by ICANN org of the System for Standardized Access/Disclosure (SSAD) Operational Design Assessment (ODA), the GNSO Council formed the EPDP Phase 2 small team which was tasked to provide the GNSO Council with its feedback on:
- Whether the ODA has correctly interpreted the intent of the SSAD recommendations in the proposed implementation;
- Whether the ODA has overlooked any key aspects of the SSAD recommendations that should be factored in by the ICANN Board when it considers the recommendations;
- Its view on the concerns identified by the ICANN Board and potential options that could be considered, either in the form of changes to the proposed implementation or the policy recommendations themselves, to address these concerns (note, these are expected to be high level suggestions at this stage);
- Any other aspects that help inform the Council's deliberations and consultation with the ICANN Board.
2. The small team delivered its preliminary report to the GNSO Council on 4 April 2022.
3. Following its review of the preliminary report, the GNSO Council requested that the ICANN Board direct ICANN org "to proceed with further developing the SSAD Light Design" while pausing the consideration of the SSAD recommendations.
4. ICANN org published the Whois Disclosure System Design Paper on 13 September 2022 and presented it to the small team during its sessions (#1 and #2) at ICANN75.
5. The small team reviewed the Whois Disclosure Design Paper and provided its feedback and recommendations on how to proceed to the GNSO Council on 7 November 2022 in the form of an addendum to its Preliminary Report.
6. The GNSO Council, as the manager of the GNSO policy development process, reviewed and considered the addendum in light of the potential impacts on the SSAD.
7. Although it is not the role of the GNSO Council to approve or not approve moving forward with operational proof of concepts, the Council is supportive of efforts such as this one that can provide additional data to the ICANN Board in deciding whether or not to approve the SSAD recommendations outlined in the EPDP Phase 2 Final Report.
RESOLVED,
- The GNSO Council accepts the EPDP Phase 2 small team findings and recommendations as outlined in the addendum.
- The GNSO Council requests that the GNSO Secretariat transmits the addendum to the ICANN Board.
- The GNSO Council confirms that pending the implementation and subsequent running of the Whois Disclosure System for a period of up to two (2) years, the SSAD recommendations should remain paused for consideration by the ICANN Board.
- The GNSO Council thanks the EPDP Phase 2 small team for its work and requests it to remain available to continue work on this topic as part of the next steps in this process which aims to inform the further consideration of the SSAD recommendations by the ICANN Board.
20221117-4
Motion - Registration Data Accuracy Scoping Team write up for assignments #1 and #2 recommendations
Submitted by: Greg DiBiase
Seconded by: Thomas Rickert
WHEREAS,
- 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'.
- 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.
- 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 paperwas delivered to the Council in February 2021.
- 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.
- 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.
- 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 on9 July 2021 for Council's consideration.
- The GNSO Council confirmed the formation of the Registration Data Accuracy Scoping Team and its instructions during its meeting on 22 July 2021.
- The GNSO Council confirmed the Chair for the Scoping Team during its meeting on 23 September 2021.
- The Scoping Team started its deliberations on 5 October 2021 focusing its efforts on assignments #1 (enforcement and reporting) and #2 (measurement of accuracy).
- The Scoping Team delivered its write up for assignments #1 and #2 to the GNSO Council on 5 September 2022.
- The GNSO Council was briefed on the write up and its recommendations during the Council meeting at ICANN75 and continued its deliberations during its October Council meeting.
RESOLVED,
- The GNSO Council adopts recommendation #3 of the write up which recommends 1) pausing the work in relation to proposals that require access to registration data, 2) encouraging ICANN org to proceed with their outreach to the EDPB as well as the Data Protection Impact Assessment in connection with the scenario(s) in which the request and processing of registration data takes place as a matter of urgency, and 3) requests that ICANN org and Contracted Parties finalize the negotiations on the Data Processing Agreement (DPA) as soon as practicable as the absence of a completed DPA may act as a roadblock for policy work before Council.
- The GNSO Council defers consideration of recommendations #1 and #2 until such time the DPA negotiations between ICANN org and Contracted Parties have completed and there is feedback from ICANN org on if/how it anticipates the requesting and processing of registration data will be undertaken in the context of measuring accuracy, or for six months, whichever is the shorter.
- Once the DPA negotiations are completed and the feedback referred to at paragraph 2 is received from ICANN org, the GNSO Council will review the formation and instructions to the Scoping Team to ensure these are still fit for purpose and request the Scoping Team to further consider potential proposals that require access to registration data as well as how these impact the existing recommendations #1 and #2 (e.g. should these still be considered by the GNSO Council for adoption, or in the context of proposals that require access to registration data these may no longer be relevant or a priority?). If, after 6 months from this resolution, the DPA negotiations are not completed and/or the required feedback referred to at paragraph 2 has not been provided by ICANN org, Council will discuss and determine whether or not to continue deferring the consideration of recommendations #1 and #2.
- Taking into account the delay with which the write up was delivered, as well as some of the challenges that were shared with the Scoping Team's Chair during his briefing to the Council, Council leadership will reach out informally to Scoping Team members to better understand the issues encountered to help inform the Council's review of the formation and instructions.
- Council leadership is requested to send a communication to ICANN org in relation to recommendation #3 (as well as Contracted Parties in relation to the DPA) as well as communicate the Council's decision to non-GNSO groups participating in this effort (ALAC, GAC and SSAC) as well as the Scoping Team.
- The GNSO Council thanks Michael Palage, outgoing Chair, and Olga Cavalli, outgoing Council liaison, for their efforts. As part of its review of the formation and instructions to the Scoping Team, the Council will consider next steps for finding new leadership for this effort.
20221117-5
Motion - DNS Abuse Small Team Report
Submitted by: Mark Datysgeld
Seconded by: Sebastien Ducos
WHEREAS,
- The GNSO Council recognizes that the topic of DNS abuse is a longstanding topic and the GNSO has undertaken a variety of activities on this topic in the past, including considering which aspects of the subject of registration abuse are within ICANN's mission to address and in particular, which are appropriate for ICANN to establish policies that are binding on gTLD registry operators and ICANN-accredited registrars[1].
- In February 2022, the GNSO Council tasked a small team consisting of Council members to consider what policy efforts, if any, the GNSO Council should consider undertaking to support the efforts already underway in the different parts of the community to tackle DNS abuse.
- As part of its deliberations, the small team reached out to all GNSO Stakeholder Groups and Constituencies, as well as the At-Large Advisory Committee (ALAC), the Governmental Advisory Committee (GAC), the Security and Stability Advisory Committee (SSAC) and the DNS Abuse Institute asking for input on what problem(s) policy development specifically is needed to mitigate, if any, as well as the expected outcomes if policy development would be undertaken.
- In considering the external input received, the small team realized that the suggestions provided can generally be allocated to one or more of the following three buckets:
- Issues that may benefit from education / communication / outreach;
- Issues that may benefit from contractual negotiations between ICANN org and Contracted Parties; and,
- Issues that may benefit from GNSO policy development.
- The small team delivered its report, containing 4 recommendations, to the GNSO Council on 10 October.
- The GNSO Council received a briefing on the report and its recommendations during its October Council meeting.
RESOLVED,
- The GNSO Council accepts the recommendations as outlined in the DNS Abuse Small Team report and requests that the leadership of the small team works with Council leadership on developing the respective communications as foreseen under recommendations #2, #3 and #4.
- In relation to recommendation #1, the Council commits to considering requesting the development of a Preliminary Issue Report on the topic of malicious registrations after the outreach and communication as foreseen under recommendations #2, #3 and #4 have taken place and the Council has had an opportunity to consider the progress made from efforts related to that outreach. If the Council determines that a Preliminary Issue Report is needed, it must be undertaken in a way that avoids overlap and/or duplication of efforts.
- The GNSO Council thanks the small team for its efforts, as well as the community groups that contributed to it.
[1] Some past work includes:
- Registration Abuse Policies WG Final Report from 2010: https://gnso.icann.org/issues/rap/rap-wg-final-report-29may10-en.pdf (some, but not all recommendations adopted)
- Staff best practices discussion paper from 2011: https://gnso.icann.org/sites/default/files/filefield_26745/discussion-paper-rap-best-practices-28sep11-en.pdf
- Uniformity of Contracts to Address Registration Abuse Final Issue Report 2012: https://gnso.icann.org/en/issues/registration-abuse/uofc-final-issue-report-20sep12-en.pdf(Final Issue Report, but not sufficient support to initiate a PDP at the time)
20221020-1
CONSENT AGENDA
- Approval of the updated standard term for the GNSO liaison to the Governmental Advisory Committee (GAC).
- Reappointment of Jeffrey Neuman to serve as the GNSO liaison to the GAC for a two-year term ending AGM 2024.
- Confirmation of the GNSO representative to the Empowered Community Administration.
- Confirmation of Mike Silber to serve as the Chair of the GNSO Guidance Process (GGP) on Applicant Support.
20220825-1
CONSENT AGENDA
Approval of the 2022 Customer Standing Committee (CSC) Slate of Members and Liaisons
Submitted by Philippe Fouquart
Seconded by Tomslin Samme-Nlar
Whereas,
- The Customer Standing Committee (CSC) was established as one of the post IANA Transition entities and conducted its first meeting on 6 October 2016.
- In accordance with Section 17.2 (d) of the ICANN Bylaw and per the CSC Charter, the full membership of the CSC must be approved by the GNSO Council.
- On 4 August 2022, the GNSO Council received a letter from ICANN org staff supporting the CSC requesting that the GNSO Council approve the CSC slate of members and liaisons, noting that the SSAC has declined to appoint a liaison:
Members:
Brett Carr (EU) (reappointed)
Appointing Organization: ccNSO
Term: 2022 - 2024
Rick Wilhelm (NA)
Appointing Organization: RySG
Term: 2022 - 2024
Dmitry Burkov (EU)
Appointing Organization: RySG
Term: 2021 - 2023
Federico Neves (LAC)
Appointing Organization: ccNSO
Term: 2021 – 2023
Liaisons:
Gloria Atwine Katuuku
Appointing Organization: GAC
Term: 2022 – 2024
Ken Renard
Appointing Organization: RSSAC
Term: 2022 - 2024
Holly Raiche
Appointing Organization: ALAC
Term: 2021 - 2023
Milton Mueller
Appointing Organization: GNSO (Non-Registry)
Term: 2021 - 2023
Amy Creamer
Appointing Organization: PTI
Term: No term limit
Resolved,
- The GNSO Council approves the 2022 CSC slate of members and liaisons.
- The GNSO Council requests that the GNSO Secretariat notify ICANN Org staff supporting the CSC no later than 1 September 2022 that the GNSO has approved 2022 CSC slate of members and liaisons.
20220825-2
Initiation of the GNSO Guidance Process on Applicant Support (DEFERRED to the August 2022 meeting)
Submitted by: Philippe Fouquart
Seconded by: Sebastien Ducos
SubProGGPInitiationRequest_24 August 2022_redline.docx
SubProGGPInitiationRequest_24 August 2022_clean.docx
Whereas,
- In February 2021, the GNSO Council approved the consensus Affirmations, Recommendations, and Implementation Guidance (collectively referred to as "Outputs") of the New gTLD Subsequent Procedures (SubPro) PDP.
- In September 2021, the ICANN Board directed the ICANN og to organize the resources required to begin work on an Operational Design Phase (ODP) and the ODP launched on 3 January 2022.
- The ICANN org ODP Team identified a concern related to the Applicant Support topic, where the SubPro Final Report envisioned that a dedicated Implementation Review Team (IRT) would be responsible for performing substantive work; the ODP Team submitted a set of questions to the GNSO Council, asking whether the work required to implement Applicant Support may be beyond the scope envisioned for IRTs.
- The GNSO Council responded to the ODP Team, communicating that it would explore avenues to perform work as envisaged by the SubPro Final Report.
- The GNSO Council discussed and agreed that the GNSO Guidance Process (GGP) would serve as an appropriate mechanism in order to provide additional guidance to support eventual implementation efforts.
- The GNSO Council further agreed that the GGP should be limited to the single topic of Applicant support, with an allowance to add additional scope to the GGP subject to Council vote.
- On 13 July 2022, the GGP Initiation Request was submitted to the GNSO Council.
- The GNSO Council determined that more time was needed to refine the Initiation Request and the vote was deferred.
- The GGP Initiation Request was refined following input from Councilors and an updated GGP Initiation Request was shared with the GNSO Council on 24 August 2022.
Resolved,
- The GNSO Council approves the GNSO Guidance Process Initiation Request and initiates the GGP.
- The GNSO Council directs staff to:
- 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 initiation request;
- 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; and
- launch a call for expressions of interest seeking interested candidates to Chair the Working Group.
20220721-1
CONSENT AGENDA
Nomination of an Interim Member on the ICANN Fellowship Selection Committee
Submitted by: Philippe Fouquart
Seconded by: Tomslin Samme-Nlar
Whereas,
- The ICANNFellowship Selection Committee is responsible for assessing all applications for the ICANN Fellowship Program and determining which applicants best meet the Applicant Selection Criteria.
- The member appointed by the GNSO, Heather Forrest, has indicated that she is unable to complete the remainder of the current two-year term, which ends in April 2023.
- The GNSO Chair suggested to the GNSO Council that a member of the GNSO leadership team serve as an interim representative in this role and put forward Sebastien Ducos' name for the role.
- GNSO Council members expressed support for this interim arrangement.
Resolved,
- The GNSO Council nominates Sebastien Ducos to serve as the Fellowship Selection Committee for the remainder of the current term, ending April 2023.
- The GNSO Council instructs the GNSO Secretariat to communicate resolved #1 to staff supporting the ICANN Fellowship Program.
- The GNSO Council thanks Heather Forrest for her service on the Fellowship Selection Committee and Sebastien Ducos for stepping into this role on an interim basis.
20220721-2
CONSENT AGENDA
GNSO Council Motion to Approve the GNSO Council Recommendations Report to the ICANN Board regarding the EPDP on Specific Curative Rights Protections for Intergovernmental Organizations (IGOs)
Submitted by Philippe Fouquart
Seconded by John McElwaine
Whereas:
- On 15 June 2022, the GNSO Council approved unanimously the five Full Consensus recommendations from the Expedited Policy Development Process (EPDP) on Specific Curative Rights Protections for IGOs;
- On 11 July 2022, as required under the ICANN Bylaws, a GNSO Council Recommendations Report to the ICANN Board on the approved EPDP recommendations was submitted to the GNSO Council for its consideration.
Resolved:
- The GNSO Council approves the Recommendations Report and instructs the GNSO Secretariat to transmit the report to the ICANN Board and communicate the outcomes from the GNSO Council's decisions as appropriate.
20220721-3
Initiation of the GNSO Guidance Process on Applicant Support (DEFERRED to August 2022 meeting)
Submitted by: Philippe Fouquart
Seconded by: Sebastien Ducos
Whereas,
- In February 2021, the GNSO Council approved the consensus Affirmations, Recommendations, and Implementation Guidance (collectively referred to as "Outputs") of the New gTLD Subsequent Procedures (SubPro) PDP.
- In September 2021, the ICANN Board directed the ICANN og to organize the resources required to begin work on an Operational Design Phase (ODP) and the ODP launched on 3 January 2022.
- The ICANN org ODP Team identified a concern related to the Applicant Support topic, where the SubPro Final Report envisioned that a dedicated Implementation Review Team (IRT) would be responsible for performing substantive work; the ODP Team submitted a set of questions to the GNSO Council, asking whether the work required to implement Applicant Support may be beyond the scope envisioned for IRTs.
- The GNSO Council responded to the ODP Team, communicating that it would explore avenues to perform work as envisaged by the SubPro Final Report.
- The GNSO Council discussed and agreed that the GNSO Guidance Process (GGP) would serve as an appropriate mechanism in order to provide additional guidance to support eventual implementation efforts.
- The GNSO Council further agreed that the GGP should be limited to the single topic of Applicant support, with an allowance to add additional scope to the GGP subject to Council vote.
- On 13 July 2022, the GGP Initiation Request was submitted to the GNSO Council.
Resolved,
- The GNSO Council approves the GNSO Guidance Process Initiation Request and initiates the GGP.
- The GNSO Council directs staff to:
- 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 Steering Group following the Steering Group composition described in the initiation request;
- 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 Steering Group; and
- launch a call for expressions of interest seeking interested candidates to Chair the Steering Group.
20220615-1
GNSO Council Motion to Approve the Recommendations from the EPDP on Specific Curative Rights Protections for Intergovernmental Organizations (IGOs) - (deferred from May 2022 meeting)
Whereas:
- In April 2019, the GNSO Council approved the first four recommendations from the IGO-INGO Access to Curative Rights Protection Policy Development Process (PDP), but not Recommendation #5, which the Council referred to the Review of All Rights Protection Mechanisms (RPMs) PDP, for it to consider as part of its Phase 2 work (UDRP review);
- In January 2020, the GNSO Council approved an Addendum to the RPMs PDP Charter that created an IGO Work Track to address Recommendation #5 of the IGO-INGO Access to Curative Rights Protections PDP, which was not approved, requesting that the IGO Work Track consider whether an appropriate policy solution could be developed that is generally consistent with Recommendations 1, 2, 3 & 4 of the IGO-INGO Access to Curative Rights Protection PDP Final Report and:
- accounts for the possibility that an IGO may enjoy jurisdictional immunity in certain circumstances;
- does not affect the right and ability of registrants to file judicial proceedings in a court of competent jurisdiction;
- preserves registrants' rights to judicial review of an initial UDRP or URS decision; and
- recognizes that the existence and scope of IGO jurisdictional immunity in any particular situation is a legal issue to be determined by a court of competent jurisdiction.
- In October 2020, the GNSO Council launched a call for expressions of interest for a Chair of the IGO Work Track and a call for volunteers from the community groups identified in the Addendum and the IGO Work Track commenced its work in February 2021;
- In January 2021, Phase 1 of the RPMs PDP concluded with the GNSO Council's approval of all its thirty-five recommendations while Phase 2 of the PRMs PDP was deferred in order for the Council to receive an updated Policy Status Report on UDRP;
- In August 2021, considering the indeterminate timeline for the commencement of Phase 2 of the PRMs PDP while the IGO Work Track was close to complete its Initial Report, in accordance with its Expedited Policy Development Process (EPDP) Manual, the GNSO Council approved the initiation of an EPDP to carry forward the work and momentum of the IGO Work Track as a purely procedural matter, with the EPDP Charter reflecting the same scope of work as was outlined in the Addendum;
- On 14 September 2021, the EPDP team published its Initial Report for Public Comment;
- Following the end of the Public Comment period, the EPDP team reviewed the comments that were submitted and amended its proposed recommendations as it considered necessary, based on the input received and the EPDP team's continued deliberations;
- The EPDP team is proposing five final recommendations in its Final Report, which are intended to be interdependent (as outlined in Section 13 of the PDP Manual) and which have attained "Full Consensus" within the EPDP team;
- The EPDP delivered its Final Report to the GNSO Council on 4 April 2022;
- The GNSO Council has determined that the five (5) final EPDP recommendations in the EPDP team's Final Report are consistent with the scope and principles set out in the Addendum to the RPMs PDP Charter and the subsequent EPDP Charter .
Resolved:
- The GNSO Council approves, and recommends that the ICANN Board adopt, all five (5) final EPDP recommendations as documented in the EPDP team's Final Report.
- Should the EPDP recommendations be adopted by the ICANN Board, the GNSO Council requests that ICANN org convene an Implementation Review Team, to assist ICANN org in developing the implementation details for the EPDP 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 Guidelines that the GNSO Council approved in June 2015.
- The GNSO Council thanks the EPDP leadership team and the members of the EPDP team for their commitment and hard work in completing the policy work on this long-standing issue within the GNSO.
20220519-1
Motion to Adopt Revised Charter for the GNSO Standing Selection Committee Following the SSC Charter Review
Submitted by: Tomslin Samme-Nlar
Seconded by: Sebastien Ducos
WHEREAS,
- The GNSO Standing Selection Committee (SSC) was first chartered in 2017, and according to the Charter, "is tasked, as requested by the GNSO Council, to 1), where applicable, prepare and issue calls for applications related to the selection or nomination of candidates for ICANN structures such as ICANN review teams as well as structures related to the Empowered Community, 2) review and evaluate all relevant applicants/candidates, 3) rank candidates and make selection/appointment recommendations for review and approval by Council and 4) communicate selections to all interested parties."
- The SSC Charter states, "The SSC may request of the GNSO Council a review of the Charter annually or if the members identify a need for a specific review."
- The SSC charter was last reviewed and updated in 2018.
- In the course of its work, the SSC identified several areas of the Charter that would benefit from clarification or update.
- On 14 March 2022, the SSC requested of the GNSO Council a review of the Charter, which Council agreed was appropriate.
- The SSC has completed a review of its Charter and proposed revisions to the Charter.
- The GNSO Council has reviewed these proposed changes and agreed that these revisions are appropriate.
RESOLVED,
- The GNSO Council adopts the revised Charter of the SSC.
- The GNSO Council requests that the SO/AC Support Team sends the updated Charter to the Stakeholder Groups (SGs)/Constituencies (Cs) and Nominating Committee (NomCom) appointees on the GNSO Council.
- The GNSO Council thanks the SSC for its review of the Charter and looks forward to continuing to work with the SSC on future selection processes.
20220519-2
GNSO Council Motion to Approve the Recommendations from the EPDP on Specific Curative Rights Protections for Intergovernmental Organizations (IGOs) - (amended as per email 18 May 2022, accepted as friendly during the 19 May 2022 Council meeting and DEFERRED to June 2022 meeting)
Submitted by: John McElwaine
Seconded by: Juan Manuel Rojas
Whereas:
- In April 2019, the GNSO Council approved the first four recommendations from the IGO-INGO Access to Curative Rights Protection Policy Development Process (PDP), but not Recommendation #5, which the Council referred to the Review of All Rights Protection Mechanisms (RPMs) PDP, for it to consider as part of its Phase 2 work (UDRP review);
- In January 2020, the GNSO Council approved an Addendum to the RPMs PDP Charter that created an IGO Work Track to address Recommendation #5 of the IGO-INGO Access to Curative Rights Protections PDP, which was not approved, requesting the Council toconsider whether an appropriate policy solution could be developed that is generally consistent with Recommendations 1, 2, 3 & 4 of the IGO-INGO Access to Curative Rights Protection PDP Final Report and:
- accounts for the possibility that an IGO may enjoy jurisdictional immunity in certain circumstances;
- does not affect the right and ability of registrants to file judicial proceedings in a court of competent jurisdiction;
- preserves registrants' rights to judicial review of an initial UDRP or URS decision; and
- recognizes that the existence and scope of IGO jurisdictional immunity in any particular situation is a legal issue to be determined by a court of competent jurisdiction.
- In October 2020, the GNSO Council launched a call for expressions of interest for a Chair of the IGO Work Track and a call for volunteers from the community groups identified in the Addendum and the IGO Work Track commenced its work in February 2021;
- In January 2021, Phase 1 of the RPMs PDP concluded with the GNSO Council's approval of all its thirty-five recommendations while Phase 2 of the PRMs PDP was deferred in order for the Council to receive an updated Policy Status Report on UDRP;
- In August 2021, considering the indeterminate timeline for the commencement of Phase 2 of the PRMs PDP while the IGO Work Track was close to complete its Initial Report, in accordance with its Expedited Policy Development Process (EPDP) Manual, the GNSO Council approved the initiation of an EPDP to carry forward the work and momentum of the IGO Work Track as a purely procedural matter, with the EPDP Charter reflecting the same scope of work as was outlined in the Addendum;
- On 14 September 2021, the EPDP team published its Initial Report for Public Comment;
- Following the end of the Public Comment period, the EPDP team reviewed the comments that were submitted and amended its proposed recommendations as it considered necessary, based on the input received and the EPDP team's continued deliberations;
- The EPDP team is proposing five final recommendations in its Final Report, which are intended to be interdependent (as outlined in Section 13 of the PDP Manual) and which have attained "Full Consensus" within the EPDP team;
- The EPDP delivered its Final Report to the GNSO Council on 4 April 2022;
- The GNSO Council has determined that the five (5) final EPDP recommendations in the EPDP team's Final Report are consistent with the scope and principles set out in the Addendum to the RPMs PDP Charter and the subsequent EPDP Charter.
Resolved:
- The GNSO Council approves, and recommends that the ICANN Board adopt, all five (5) final EPDP recommendations as documented in the EPDP team's Final Report.
- Should the EPDP recommendations be adopted by the ICANN Board, the GNSO Council requests that ICANN org convene an Implementation Review Team, to assist ICANN org in developing the implementation details for the EPDP 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 Guidelines that the GNSO Council approved in June 2015.
- The GNSO Council thanks the EPDP leadership team and the members of the EPDP team for their commitment and hard work in completing the policy work on this long-standing issue within the GNSO.
20220309-1
Consent Agenda
- Reappointment of Becky Burr to seat 13 on the ICANN Board. The CPH has reappointed Becky Burr for Seat 13 on the ICANN Board of Directors. This agenda item is intended to acknowledge the selection and confirm that the notification process as outlined in Section 7.25 of the ICANN Bylaws will be completed subsequently.
20220309-2
Consent Agenda
Motion to extend the GNSO Framework for Continuous Improvement Pilot Project by adding implementation of specific WS2 items
Submitted by: Tomslin Samme-Nlar
Seconded by: Philippe Fouquart
Whereas,
- The GNSO Council initiated the GNSO Framework for Continuous Improvement Pilot Project on 16 June 2021;
- As part of this Framework, a Council Committee for Overseeing and Implementing Continuous Improvement (CCOICI) was established;
- The CCOICI reported to the GNSO Council that it completed its work on its assignment concerning the review of the Working Group Self-Assessment (WGSA) for now;
- Evaluation of the pilot is not expected to happen until the GNSO Statement of Interest (SOI) Task Force (TF), which was also formed under this framework, has completed its work;
- The original framework also suggested that remaining Accountability Workstream 2 (WS2) items could be dealt with as part of this framework;
- The Council's resolution noted that "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";
- A recent update to the GNSO Council provided an update on the implementation of community-directed WS2 items and identified a select number of specific outstanding items that require Council consideration for which it was suggested that the CCOICI could take these on;
- The GNSO Council has considered these specific outstanding items and the role that the CCOICI could play in addressing these.
Resolved,
- The GNSO Council extends the GNSO Framework for Continuous Improvement Pilot Project by directing the CCOICI to undertake the following WS2 items:
- a. Review the staff assessment of GNSO Council's implementation status of Recommendation 2 Guidelines for Good Faith Conduct (2.1, 2.2) and Recommendation 6 SO/AC Accountability (6.1-6.5);
- b. Recommendation 1 Diversity – revisit Council's initial prioritization and carry out implementation for applicable sub recommendations, if any;
- c. Recommendation 3 Human Rights Framework – carry out implementation from GNSO Council's perspective;
- d. Recommendation 6.1.5 (non-mandatory) – discuss whether the GNSO Council wishes to implement, and if so, how to implement;
- e. Rank Recommendations 1, 2.3 and 3 from Council's perspective to help inform the prioritization by the Community Coordination Group.
- The CCOICI is expected to reach out to GNSO SG/Cs to identify WS2 experts that may be in a position to advise the CCOICI in its tasks.
- The Staff Support Team is requested to prepare a background briefing on the items identified above that will help inform the CCOICI's deliberations and development of an approach and project plan;
- The GNSO Council requests Olga Cavalli, as the Council's liaison to the WS2 Community Coordination Group (CCG) and Chair of the CCOICI, to provide the Council with regular updates on the status of progress of implementation.
20220217-1
Consent Agenda
Motion - Nomination of a Mentor for the ICANN Fellowship Program
Submitted by: Tomslin Samme-Nlar
Seconded by: Sebastien Ducos
Whereas,
- On 22 November 2021, 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 ICANN75.
- On 7 December 2021, the GNSO launched an Expression of Interest (EOI) process to solicit volunteers for the GNSO-nominated mentor position.
- The GNSO Council tasked the GNSO Standing Selection Committee (SSC) with reviewing applications and recommending one individual for the GNSO to nominate.
- The SSC reviewed the applications received, taking into account the criteria outlined in the EOI announcement.
- The SSC submitted its full consensus recommendation to the GNSO Council on 03 February 2022, by way of submission of the relevant motion.
- The GNSO Council considered the recommendations of the SSC.
Resolved,
- The GNSO nominates Chris Disspain to serve as a ICANN Fellowship Program mentor for three consecutive ICANN meetings, beginning with ICANN75.
- The GNSO Council instructs the GNSO Secretariat to communicate resolved #1 to staff supporting the ICANN Fellowship Program.
- The GNSO Council instructs the GNSO Secretariat to inform the nominated candidate that he or she has been selected.
- The GNSO Council requests the GNSO Secretariat to send a response to the applicant who was not nominated, thanking them for their interest and encouraging them to apply for future opportunities as they arise.
20211216-1
Consent Agenda
Motion - Approval of a Project Change Request (PCR) to Update Charter Topics Considered in Phase 1 of the Transfer Policy Review (TPR) Policy Development Process (PDP)
Submitted by: Greg DiBiase
Seconded by: Maxim Alzoba
Whereas,
- On 18 February 2021, the GNSO Council voted to initiate a PDP to review the Transfer Policy.
- On 24 March 2021, the GNSO Council approved the PDP Working Group's charter.
- The Working Group began meeting in May 2021 and has made substantial progress on its Phase 1a deliberations.
- In the course of considering the Phase 1 charter topics, the Working Group determined that it would be beneficial to examine all elements of the security model for domain name transfers in a holistic manner as part of its Phase 1 deliberations, but that the topic of NACK (rejection of transfer request) of an unauthorized transfer is currently scheduled for Phase 2.
- The Working Group leadership team does not foresee that adding NACK to the Phase 1a scope will impact its current timeline to deliver the Phase 1a Initial Report by June 2022.
- The Working Group leadership team submitted a Project Change Request outlining the full rationale for updating the charter to move this charter topic to Phase 1a.
Resolved,
- The GNSO Council approves this Project Change Request.
- The GNSO Council instructs policy support staff to update the TPR charter accordingly and post the updated charter on the GNSO's website and Working Group wiki.
Approval of SSC Leadership for 2021-2022: Arinola Akinyemi (BC) - Chair and Akinremi Peter Taiwo (NCSG) - Vice Chair
Confirmation of the Recommendations Report to the ICANN Board regarding adoption of recommendations 1-4 contained in the Final Report from the EPDP Temporary Specification for gTLD Registration Data – Phase 2A
"If feasible, the Recommendations Report to the Board should be submitted to the Board in time for consideration at the next GNSO Council meeting following adoption of the Final Report. Staff should inform the GNSO Council from time to time of the format requested by the Board. These GNSO Council Reports supplement any Staff Reports that may highlight any legal, implementability, financial, and other operational concerns related to the PDP recommendations contained in the Final Report." (Section 13 – Preparation of the Board Report, GNSO Operating Procedures)
20211216-2
REMOVED FROM THE CONSENT AGENDA AND ADDED TO MAIN AGENDA
Approval of a Project Change Request (PCR) to Extend the Project Timeline of the EPDP on Specific Curative Rights Protections for IGOs
Submitted by: John McElwaine
Seconded by: Juan Manuel Rojas
Whereas,
- On 19 August 2021, the GNSO Council initiated an Expedited Policy Development Process (EPDP) on Specific Curative Rights Protections for Intergovernmental Organizations along with its charter;
- The EPDP Team published its Initial Report for public comment on 14 September 2021;
- The EPDP Team received thirty-three comments from 14 individuals, 13 Organizations, and 6 community groups;
- The EPDP Team has determined that the substantive nature of the comments will require additional time to thoroughly review in addition to the remaining tasks to prepare a Final Report;
- The EPDP leadership team has submitted a Project Change Request outlining the full rationale for extending the project timeline.
Resolved,
- The GNSO Council approves this Project Change Request.
- The GNSO Council instructs policy support staff to update the EPDP Team's project plan and other materials accordingly and post them on the EPDP wiki project space.
20211118-1
Consent Agenda
Motion - Confirmation of GNSO Representative to the Empowered Community Administration
Submitted by Tomslin Samme-Nlar
Seconded by Desiree Miloshevic
Whereas,
- The GNSO Council confirmed in October 2021 that the GNSO Chair (currently Philippe Fouquart) will represent the GNSO as the Decisional Participant on the Empowered Community (EC) Administration on an interim basis.
- The GNSO Council leadership team subsequently met to agree who from the Council leadership should perform the role of GNSO representative to the Empowered Community Administration and mutually agreed that Philippe Fouquart would serve in the role.
Resolved,
- The GNSO Council hereby confirms that Philippe Fouquart, GNSO Chair will represent the GNSO as the Decisional Participant on the Empowered Community Administration until the end of his term at ICANN75.
- The GNSO representative shall act solely as directed by the GNSO Council in accordance with the ICANN Bylaws and other related GNSO Operating Procedures.
- The GNSO Council requests the GNSO Secretariat to communicate this decision to the ICANN Secretary which will serve as the required written certification from the GNSO Chair designating the individual who shall represent the Decisional Participant on the EC Administration
20211118-2
Consent Agenda
Motion to adopt the GNSO Review of the GAC ICANN72 Virtual Annual General Meeting Communiqué for submission to the ICANN Board
Submitted by Desiree Miloshevic
Seconded by Philippe Fouquart
Whereas,
- 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.
- The GNSO is responsible for developing and recommending to the ICANN Board substantive policies relating to generic top-level domains.
- 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.
- 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,
- The GNSO Council adopts the GNSO Council Review of the ICANN72 GAC Communiqué (see https://gac.icann.org/advice/communiques/icann72-gac-communique.pdf) and requests that the GNSO Council Chair communicate the GNSO Council Review of the ICANN72 GAC Communiqué to the ICANN Board.
- 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.
20211118-3
Motion -Approval of the Revised GNSO Councilor Job Description for the Nominating Committee - WITHDRAWN
Submitted by Tomslin Samme-Nlar
Seconded by Desiree Miloshevic
Whereas,
- Section 11.3 of the ICANN Bylaws prescribes the number of Council representatives selected from each GNSO Stakeholder Group and three representatives selected by the Nominating Committee.
- The Contracted Parties House consists of three members from the Registries Stakeholder Group, three members from the Registrars Stakeholder Group, and one voting member appointed by the ICANN Nominating Committee for a total of seven voting members.
- The Non Contracted Parties House consists of six members from the Commercial Stakeholder Group, six members from the Non-Commercial Stakeholder Group, and one voting member appointed by the ICANN Nominating Committee to that House for a total of thirteen voting members.
- The Nominating Committee reviews applications and selects candidates, taking into account the criteria or guidance provided by the GNSO Council.
- The GNSO Council is invited on an annual basis to review the job description and criteria contained in order to better assure that the Nominating Committee selects appointees that is consistent with the intent of the Bylaws in furthering the Council's roles and responsibilities as the manager of the policy development process of the GNSO.
- The GNSO Council has elected to make incremental changes to the job description each year when invited.
- Considering that each GNSO Stakeholder Group and Constituency is represented on the GNSO Council, the role of the Nominating Committee Appointees on the GNSO Council, and the importance of independence and diversity, the Council revised the job description to reflect the traits it is seeking for appointees.
Resolved,
- The GNSO Council approves the revised GNSO Councilor job description for use by the 2022 Nominating Committee.
- The GNSO Council requests that the GNSO Secretariat provide the updated job description to the ICANN Org staff supporting the Nominating Committee in a timely manner
20211027-1
Consent Agenda
Appointment of the GNSO Council Liaison to the New Generic Top-Level Domain (gTLD) Subsequent Procedures Operational Design Phase (ODP)
Submitted by Carlton Samuels
Seconded by Flip Petillion
(updated with the friendly amendment proposed by Tatiana Tropina and accepted by Carlton Samuels and Flip Petillion)
Whereas,
- On 18 February 2021, the GNSO Council approved the Affirmations, Recommendations, and Implementation Guidance (collectively referred to as "Outputs") contained in the New gTLD Subsequent Procedures Policy Development Process Working Group's Final Report that were determined to have received either Full Consensus or Consensus designations.
- In its resolution to approve the outputs, the GNSO Council requested that the ICANN Board initiate an Operational Design Phase on the Final Report as soon as possible.
- On 31 August 2021, in anticipation of an Operational Design Phase being initiated, the GNSO Council launched an Expression of Interest process to solicit volunteers to serve in the role of GNSO Council Liaison to the ODP.
- On 12 September 2021, the ICANN Board passed a resolution directing ICANN's President and CEO, or his designee(s), to conduct the Operational Design Phase (ODP).
- The GNSO Council tasked the GNSO Standing Selection Committee (SSC) with reviewing applications for the ODP Liaison role and recommending one individual for the GNSO to appoint.
- The SSC reviewed the three applications received, taking into account the criteria outlined in the EOI announcement.
- The SSC submitted its full consensus recommendation to the GNSO Council on 14 October 2021, by way of submission of the relevant motion.
- The GNSO Council considered the recommendations of the SSC.
Resolved,
- The GNSO Council appoints Jeff Neuman to serve as GNSO Council Liaison to the New gTLD Subsequent Procedures ODP.
- The GNSO Council instructs the GNSO Secretariat to communicate resolved #1 to the ICANN org ODP team.
- The GNSO Council instructs the GNSO Secretariat to inform the nominated candidate that he has been selected to fulfil the responsibilities defined in the EoI.
- 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
Reappointment of GNSO Liaison to the Governmental Advisory Committee (GAC)
Submitted by: Philippe Fouquart
Seconded by: Pam Little
Whereas:
- As part of the discussions within ICANN between the GNSO and GAC on how to facilitate early engagement of the GAC in GNSO policy development activities, the option of appointing a GNSO liaison to the GAC was initially piloted in FY15 and F16, and subsequently confirmed by the GNSO Council as a permanent role at the start of FY17.
- The GNSO Council appointed Jeffrey Neuman to the role of GNSO Liaison to the Governmental Advisory Committee on 21 October 2020, until the end of the ICANN AGM 2021.
- The GNSO Council has an obligation to review the role annually and reconfirm the appointment unless the review indicates otherwise and/or the Liaison has indicated that he/she is no longer available to continue in this role, in which case a new selection process will take place.
- On 23 September 2021, the GNSO Council approved the updated role description for the GNSO liaison to the GAC. Subsequently, GNSO Council leadership has met with Jeffrey Neuman to discuss his experience and to confirm that he is willing to continue in this role in light of the updated role description.
- The GNSO Council has reviewed the annual report prepared by the GNSO Liaison to the GAC (see https://gnso.icann.org/sites/default/files/file/field-file-attach/gnso-liaison-to-gac-16oct21-en.pdf).
Resolved:
- The GNSO Council hereby reappoints Jeffrey Neuman to the role of GNSO Liaison to the Governmental Advisory Committee until the end of the ICANN AGM 20222.
- The GNSO Council leadership team will inform the GAC leadership team accordingly, and will co-ordinate with Jeffrey Neuman as well as the GAC leadership team and GAC Secretariat on next steps and the continued successful implementation of this role.
20211027-2
Adoption of the Expedited Policy Development Process (EPDP) on the Temporary Specification Phase 2A Final Report and Recommendations
Submitted by Pam Little
Seconded by Tatiana Tropina
WHEREAS
- On 17 May 2018, the ICANN Board adopted the Temporary Specification for gTLD Registration Data ("Temporary Specification") pursuant to the procedures in the Registry Agreement and Registrar Accreditation Agreement concerning the establishment of Temporary Policies;
- Following the adoption of the Temporary Specification, and per the procedure for Temporary Policies as outlined in the Registry Agreement and Registrar Accreditation Agreement, a Consensus Policy development process as set forth in ICANN's Bylaws needs to be initiated immediately and completed within a one-year time period from the implementation effective date (25 May 2018) of the Temporary Specification;
- The GNSO Council has had a number of discussions about next steps to clarify issues around scope, timing and expectations, including a meeting between the GNSO Stakeholder Group and Constituency Chairs on 21 May 2018, the Council meeting on 24 May 2018, a meeting between the ICANN Board and the GNSO Council on 5 June 2018 and an extraordinary GNSO Council meeting on 12 June 2018;
- Subsequently, the GNSO Council agreed to form a drafting team, consisting of Council leadership and interested Council members, to develop the EPDP Initiation Request and EPDP Team Charter. The drafting team submitted the proposed EPDP Initiation Request and EPDP Team Charter to the GNSO Council on 19 July 2018;
- The GNSO Council approved the EPDP Initiation Request (https://gnso.icann.org/sites/default/files/file/field-file-attach/temp-spec-gtld-rd-epdp-initiation-request-19jul18-en.pdf) and the EPDP Team Charter (https://gnso.icann.org/sites/default/files/file/field-file-attach/temp-spec-gtld-rd-epdp-19jul18-en.pdf) on 19 July 2018;
- The EPDP Team divided the work into two phases; Phase 1 completed with the adoption of the EPDP Phase 1 Final Report on 4 March 2019, at which point the GNSO Council indicated its non-objection, as required per the EPDP Team Charter, for the EPDP Team to commence work on a System for Standardized Access/Disclosure to Non-Public Registration Data ("SSAD") as well as other topics identified in Phase 2 of the Charter and/or carried over from Phase 1 (priority 2 items);
- The Phase 2 Final Report noted that "As a result of external dependencies and time constraints, this Final Report does not address all priority 2 items". It furthermore noted that the EPDP Team would "consult with the GNSO Council on how to address the remaining priority 2 items";
- Following these consultations, the GNSO Council adopted on 21 October 2020 instructions for the EPDP Phase 2A to address the remaining priority 2 items, namely 1) differentiation between legal and natural person registration data, and 2) feasibility of unique contacts to have a uniform anonymized email address;
- The EPDP Team commenced its deliberations on Phase 2A on 17 December 2020 (see https://community.icann.org/x/VojzC);
- The EPDP has followed the prescribed EPDP steps as stated in the Bylaws, including the publication of an Initial Report for public comment (see https://www.icann.org/public-comments/epdp-phase-2a-initial-report-2021-06-03-en) on 3 June 2021, resulting in a Final Report delivered on 3 September 2021 with an updated version containing all minority statements submitted on 13 September 2021;
- All recommendations received the consensus support of the EPDP Phase 2A Team but the Chair's statement indicated that "it's important to note that some groups felt that the work did not go as far as needed, or did not include sufficient detail, while other groups felt that certain recommendations were not appropriate or necessary";
- The GNSO Council has reviewed and discussed the Final Report and its recommendations.
RESOLVED
- The GNSO Council approves the EPDP Phase 2A Final Report and recommends to the ICANN Board of Directors the adoption of the EPDP Phase 2A recommendations #1 – 4.
- The GNSO Council requests ICANN org to convene an Implementation Review Team to work on the implementation of these recommendations. The Implementation Review Team will be tasked with assisting ICANN org in developing the implementation details for the EPDP recommendations, evaluating the proposed implementation of the recommendations as approved by the Board, and working with ICANN org to 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.
- The GNSO Council extends its sincere appreciation to the Chair, Keith Drazek, Vice Chair, Brian Beckham, EPDP Team members, alternates and support staff of the EPDP Team for their tireless efforts to deliver this Final Report.
Vote results
20211027-3
Motion Withdrawn - Motion for the Approval of the Revised GNSO Councilor Job Description for the Nominating Committee
Submitted by Pam Little
Seconded by Tomslin Samme-Nlar
Whereas,
- Section 11.3 of the ICANN Bylaws prescribes the number of Council representatives selected from each GNSO Stakeholder Group and three representatives selected by the Nominating Committee.
- The Contracted Parties House consists of three members from the Registries Stakeholder Group, three members from the Registrars Stakeholder Group, and one voting member appointed by the ICANN Nominating Committee for a total of seven voting members.
- The Non Contracted Parties House consists of six members from the Commercial Stakeholder Group, six members from the Non-Commercial Stakeholder Group, and one voting member appointed by the ICANN Nominating Committee to that House for a total of thirteen voting members.
- The Nominating Committee reviews applications and selects candidates, taking into account the criteria or guidance provided by the GNSO Council.
- The GNSO Council is invited on an annual basis to review the job description and criteria contained in order to better assure that the Nominating Committee selects appointees that is consistent with the intent of the Bylaws in furthering the Council's roles and responsibilities as the manager of the policy development process of the GNSO.
- The GNSO Council has elected to make incremental changes to the job description each year when invited.
- Considering that each GNSO Stakeholder Group and Constituency is represented on the GNSO Council, the role of the Nominating Committee Appointees on the GNSO Council, and the importance of diversity, the Council discussed the need to revise the job description to reflect a preference for appointees that are not currently affiliated with any Stakeholder Group or Constituency, recognizing that this may not always be feasible.
Resolved,
- The GNSO Council approves the revised GNSO Councilor job description for use by the 2022 Nominating Committee.
- The GNSO Council requests that the GNSO Secretariat provide the updated job description to the ICANN Org staff supporting the Nominating Committee in a timely manner.
Vote results (motion withdrawn)
20210923-1
Consent Agenda
- 3.1 - Approval of the Chair for the Accuracy Scoping Team - Michael Palage (SOI)
- 3.2 - Approval of the updated role description for the GNSO liaison to the GAC
- 3.3 - Confirmation to appoint Donna Austin as the chair of the EPDP on Internationalized Domain Names (IDNs)
- 3.4 - Approval of the 2021 Customer Standing Committee (CSC) Slate - In accordance with Section 17.2 (d) of the ICANN Bylaw and per the CSC Charter, the full membership of the CSC must be approved by the GNSO Council. The Council approves the full slate of members and liaisons:
Members:
Frederico Neves, member re-appointed
Appointing Organization: ccNSO
Term: 2021 – 2023
Brett Carr (Vice-Chair) member
Appointing Organization: ccNSO
Expected Term: 2020 - 2022
Dmitry Burkov, member re-appointed
Appointing Organization: RySG
Term: 2021 - 2023
Gaurav Vedi, member
Appointing Organization: RySG
Expected Term: 2020 - 2022
Liaisons:
Holly Raiche, liaison re-appointed
Appointing Organization: ALAC
Term: 2021 - 2023
Milton Mueller, liaison re-appointed
Appointing Organization: GNSO (Non-Registry)
Term: 2021 – 2023
Lars-Johan Liman, (Chair)
Appointing Organization: RSSAC
Expected Term: 2020 – 2022
Laxmi Prasad Yadav
Appointing Organization: GAC
Expected Term: 2020 - 2022
Amy Creamer
Appointing Organization: PTI
Term: no term limit
SSAC has declined to appoint a liaison as of the 01 October 2021 slate.
20210819-1
Consent Agenda
- Confirmation of Olga Cavalli to serve as the Chair of the Council Committee for Overseeing and Implementing Continuous Improvement
20210819-2
To initiate the EPDP for Specific Curative Rights Mechanisms for IGOs
Submitted by Pam Little
Seconded by John McElwaine
Whereas:
- The GNSO Council approved an Addendum to the Review of All Rights Protection Mechanisms (RPMs) Policy Development Process (PDP) Charter in January 2020 that created an IGO Work Track to address concerns arising from Recommendation #5 of the IGO-INGO Access to Curative Rights Protections PDP that Councilors had expressed during their discussion of the five recommendations in the Final Report;
- The GNSO Council had approved the first four recommendations from the IGO-INGO Access to Curative Rights Protection PDP, but not Recommendation #5; which the GNSO Council decided to refer to the RPMs PDP, to consider as part of its Phase 2 work;
- Taking into account that IGO representatives were eager to start the work and Phase 2 was anticipated to launch shortly after the completion of Phase 1, the GNSO Council launched the IGO Work Track in September 2020, during Phase 1 of the RPMs PDP;
- Phase 1 of the RPMs PDP concluded with the GNSO Council's approval of all its final recommendations in January 2021;
- Due to concerns raised as to the scope of Phase 2, including from the Phase 1 Working Group's feedback through its self-assessment exercise, the GNSO Council considered it necessary to review and revise the RPMs PDP Charter prior to launching Phase 2;
- As Phase 2 will involve the first-ever comprehensive review of the Uniform Domain Name Dispute Resolution Policy, which has been an ICANN Consensus Policy since 1999, the time and effort involved in rechartering of Phase 2 of the RPMs PDP is likely to be significant;
- The GNSO Council believes that the IGO Work Track has made substantial progress in its deliberations and that it is important to maintain the group's momentum, so as to allow the community to attempt to reach consensus on a long-standing issue;
- The scope of work for the IGO Work Track focuses on a specific and defined policy issue that has been substantively scoped previously, such that extensive, pertinent information already exists;
- The GNSO Council therefore believes that initiating an Expedited Policy Development Process (EPDP) to enable the policy work to continue without delay is the most appropriate procedural path forward. The GNSO Council recognizes that initiating this EPDP is entirely a procedural action and will not have a material negative impact; and
- On 09 August 2021, in accordance with the EPDP Manual, Pam Little submitted an Initiation Request (document updated 18 August 2021) and a draft EPDP Charter to the Council for its consideration.
Resolved:
- The GNSO Council hereby approves the Initiation Request for the EPDP and as such initiates the EPDP on Specific Curative Rights Protections for Intergovernmental Organizations (IGOs).
- The GNSO Council hereby approves the EPDP Charter for Specific Curative Rights Protections for IGOs, which reflects the same scope of work as captured in the IGO Work Track Addendum and thus continues the work of the IGO Work Track, which is hereby disbanded.
- The GNSO Council directs the Chair and members of the IGO Work Track to continue its work as the EPDP Team on Specific Curative Rights Protections for IGOs, and to deliver its reports and outcomes in accordance with the EPDP Charter and the work plan that was developed by the IGO Work Track and acknowledged by the Council on 22 April 2021 and amended by a Project Change Request on 22 July 2021.
- The GNSO Council directs staff to communicate the results of this vote to the members of the IGO Work Track and all participating Supporting Organizations, Advisory Committees and GNSO Stakeholder Groups and Constituencies.
20210819-3
Approval of the template for the method of the Second Customer Standing Committee (CSC) Effectiveness Review and appointment of GNSO representatives
Submitted by Pam Little
Seconded by Maxim Alzoba
Whereas,
- The Customer Standing Committee (CSC) was established as one of the post IANA Transition entities and conducted its first meeting on 6 October 2016.
- The ICANN Bylaws, Section 17.3 (b) states, "The effectiveness of the CSC shall be reviewed two years after the first meeting of the CSC; and then every three years thereafter. The method of review will be determined by the ccNSO and GNSO and the findings of the review will be published on the Website."
- On 27 June 2018, in the process of adopting the amended CSC Charter as required by the ICANN Bylaws, Section 17.3 (c), the Council resolved that it, "… notes the recommendation in the Final Report that the ccNSO and GNSO Councils conduct an analysis of the requirements of the IANA Naming Function Review and the CSC Effectiveness Review with a view to creating synergies and avoiding overlap, and has appointed two Councilors to conduct the recommended analysis in cooperation with two representatives from the ccNSO."
- Donna Austin and Philippe Fouquart, as the two appointed GNSO Councilors, and Debbie Monahan and Martin Boyle from the ccNSO, concluded that the most practical and efficient path forward was for the ccNSO and GNSO to each appoint two members to conduct the CSC Effectiveness Review that will consider the effectiveness of the CSC in performing its responsibilities as outlined in the CSC Charter.
- On 27 September 2018, the GNSO Council approved the process for the first Customer Standing Committee (CSC) Effectiveness Review and appointed Donna Austin and Philippe Fouquart to serve as the GNSO representatives on that team.
- That review team delivered its Final Report on 5 March 2019, where the team concluded that the CSC is operating effectively against 14 requirements from the CSC's Charter; the GNSO Council approved the Final Report on 13 March 2019.
- As per the Bylaws, Section 17.3 (b), the ccNSO and GNSO Councils will need to determine the method for conducting the second CSC Effectiveness Review before 1 October 2021.
- The template to conduct the second CSC Effectiveness Review was conditionally approved by the ccNSO Council and was shared with the GNSO Council on 9 August 2021.
- The template has been reviewed and non-substantive changes recommended for the purposes of clarity and to make the timeline more achievable.
- On 9 August 2021, Donna Austin and Jonathan Robinson were put forward to the GNSO Council as the GNSO appointees to serve on the second CSC Effectiveness Review.
Resolved,
- The GNSO Council approves the amended template for conducting the second CSC Effectiveness Review as suggested.
- The GNSO Council appoints Donna Austin and Jonathan Robinson as the GNSO Council representatives of the second CSC Effectiveness Review.
- The GNSO Council requests that the GNSO Secretariat notify ICANN Org no later than 30 September 2021 that the GNSO has approved of the method of review and GNSO representatives for the second CSC Effectiveness Review.
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,
- 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.
- The GNSO is responsible for developing and recommending to the ICANN Board substantive policies relating to generic top-level domains.
- 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.
- 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,
- 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.
- 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.
20210722-2
Motion to confirm the formation of and instructions to the Accuracy Scoping Team
Submitted by Pam Little
Seconded by Olga Cavalli
Whereas,
- 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'.
- 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.
- 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.
- 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.
- 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.
- 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,
- The GNSO Council adopts the Registration Data Accuracy Scoping Team – Formation and Instructions
- 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.
- 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.
- The GNSO Council thanks the small team for its efforts.
20210616-1
Motion to initiate the GNSO Framework for Continuous Improvement Pilot Project
Submitted by Tatiana Tropina
Seconded by Kurt Pritz
Whereas,
- 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.
- 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).
- 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.
- The Council and SG/C Chairs reviewed this updated proposal.
Resolved,
- 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.
- The GNSO Council requests the GNSO Secretariat to circulate the call for volunteers to form the Council Committee for Overseeing and Implementing Continuous Improvement.
- 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.
- 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.
- 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).
20210520-1
CONSENT AGENDA
- Appointment of the GNSO Council liaison to the System for Standardized Access/Disclosure Operational Design Phase - Janis Karklins
20210520-2
Adoption of the GNSO Review of the GAC ICANN70 Virtual Community Forum Communiqué for submission to the ICANN Board
Whereas,
- 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.
- The GNSO is responsible for developing and recommending to the ICANN Board substantive policies relating to generic top-level domains.
- 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.
- 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,
- 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.
- 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.
20210520-3
Motion to initiate the Expedited Policy Development Process on Internationalized Domain Names and adoption of the EPDP on IDNs Charter
Whereas,
- 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.
- 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.
- 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.
- 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.
- 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.
- On 10 May 2021, the Drafting Team submitted the draft EPDP charter and the Initiation Request for the GNSO Council's consideration.
- 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,
- The GNSO Council hereby approves the Initiation Request for the EPDP on IDNs and as such initiates the EPDP.
- The GNSO Council approves the Charter of the EPDP on IDNs.
- The GNSO Council directs staff to:
- 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;
- 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;
- launch a call for expressions of interest seeking interested candidates to Chair the EPDP on IDNs; and
- solicit candidates for the GNSO Council liaison to the EPDP on IDNs.
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)
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,
- 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.
- 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.
- 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.
- 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.
- The SSC reviewed the three applications received, taking into account the guidance provided by the SG/C Chairs.
- The SSC submitted its full consensus recommendation to the GNSO Council on 12 April 2021, by way of submission of the relevant motion.
- The GNSO Council considered the recommendations of the SSC.
Resolved,
- 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.
- The GNSO Council instructs the GNSO Secretariat to communicate resolved #1 to the SO/AC Chairs and ICANN.
- The GNSO Council instructs the GNSO Secretariat to inform the nominated candidate of the Council's decision.
- 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.
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.
20210324-2
IANA Naming Functions Contract Amendment
Submitted by: Pam Little
Seconded by: Tomslin Samme-Nlar
Whereas,
- 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.
- 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.
- 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,
- 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.
- The GNSO Council requests the GNSO Secretariat to communicate this decision to the Co-Chairs of the IFRT and relevant ICANN staff accordingly.
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,
- 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".
- 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.
- 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.
- 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.
- 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:
- The GNSO Council approves the Charter of the PDP to Review the Transfer Policy.
- 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.
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.
20210218-2
Initiation of a Policy Development Process to Review the Transfer Policy
Submitted by: Pam Little
Seconded by: Carlton Samuels
Whereas,
- 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;
- 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;
- 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;
- On 20 August 2020, the GNSO Council agreed to extend the timeline for delivery of the Issue Report to 10 October 2020;
- 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;
- ICANN staff have reviewed the public comments received, published a Report of Public Comments on 14 December 2020 and updated the Issue Report accordingly;
- The Final Issue Report on a Policy Development Process to Review the Transfer Policy was delivered to the GNSO Council on 12 January 2021;
- 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
- 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:
- 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.
- 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.
20210218-3
Adoption of the Policy Development Process on New gTLD Subsequent Procedures Final Report
Submitted by: Flip Petillion
Seconded by: Kurt Pritz
WHEREAS
- 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.
- 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.
- 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.
- 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.
- The SubPro PDP has followed the prescribed PDP steps as stated in the Bylaws, including the publication of the following Reports for public comment:
- an Initial Report on 08 July 2018 for public comment.
- a Supplemental Initial Report on 30 October 2018, covering certain issues not included in the Initial Report.
- a Supplemental Initial Report on Geographic Names at the Top Level on 5 December 2018.
- a Draft Final Report on 20 August 2020.
- On 18 January 2021, the SubPro PDP Working Group submitted its Final Report to the Council for its consideration.
- 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.
- 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.
- 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).
- 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).
- 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.
- 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.
- 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".
- 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
- 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
- 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.
- 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.
- 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.
- 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.
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,
- 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.
- The Liaison stepped down from the role as of ICANN69 due to his appointment to the PTI Board.
- 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.
- The GNSO Council tasked the GNSO Standing Selection Committee (SSC) with reviewing applications and recommending one individual for the GNSO to appoint.
- The SSC reviewed the one application received, taking into account the criteria outlined in the EOI announcement.
- The SSC submitted its full consensus recommendation to the GNSO Council on 11 January 2021, by way of submission of the relevant motion.
- The GNSO Council considered the recommendations of the SSC.
Resolved,
- The GNSO appoints Milton Mueller to serve as GNSO Non-Registry Liaison to the Customer Standing Committee.
- The GNSO Council instructs the GNSO Secretariat to communicate resolved #1 to staff supporting the Customer Standing Committee.
- The GNSO Council instructs the GNSO Secretariat to inform the appointed candidate that he has been selected.
Motion - Nomination of a Mentor for the ICANN Fellowship Program
Submitted by: Carlton Samuels
Seconded by: Tatiana Tropina
Whereas,
- 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)
- 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).
- The GNSO Council tasked the GNSO Standing Selection Committee (SSC) with reviewing applications and recommending one individual for the GNSO to nominate.
- The SSC reviewed the applications received, taking into account the criteria outlined in the EOI announcement.
- The SSC submitted its full consensus recommendation to the GNSO Council on 11 January 2021, by way of submission of the relevant motion.
- The GNSO Council considered the recommendations of the SSC.
Resolved,
- The GNSO nominates Farell Folly to serve as a ICANN Fellowship Program mentor for three consecutive ICANN meetings, beginning with ICANN72.
- The GNSO Council instructs the GNSO Secretariat to communicate resolved #1 to staff supporting the ICANN Fellowship Program.
- The GNSO Council instructs the GNSO Secretariat to inform the nominated candidate that he or she has been selected.
- 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.
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,
- 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.
- 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.
- 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.
- The SG/C Chairs provided written guidance for the SSC to support the selection process.
- The SSC reviewed the application received, taking into account the guidance provided by the SG/C Chairs.
- The SSC submitted its full consensus recommendation to the GNSO Council on 11 January 2021, by way of submission of the relevant motion.
- The GNSO Council considered the recommendations of the SSC.
Resolved,
- 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.
- The GNSO Council instructs the GNSO Secretariat to communicate resolved #1 to the SO/AC Chairs and ICANN.
- The GNSO Council instructs the GNSO Secretariat to inform the nominated candidate of the Council's decision.
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
- 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").
- 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."
- On 17 May 2018, the ICANN Board adopted the Temporary Specification for gTLD Registration Data ("Temporary Specification").
- 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).
- 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.
- 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).
- 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).
- On 4 March 2019, the GNSO Council adopted all the policy recommendations in the Final Report, including Recommendation #7, with the required GNSO Supermajority.
- 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".
- 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."
- 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
- The GNSO Council confirms that the EPDP had the mandate to modify the Thick Whois Transition Policy under the EPDP
- 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.
- 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.
- 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").
- 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. 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.
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:
- 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.
- 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.
- 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.
- On 24 November 2020, the PDP Working Group submitted its Final Report to the GNSO Council for its review and action.
- 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:
- 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.
- 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.
- 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.
20201217-1
Consent agenda
3.1 - Approval of SSC Leadership for 2020-2021: Carlton Samuels, Chair and Sophie Hey, Vice-Chair
3.2 - Approval of Heather Forrest to serve an additional term as GNSO nominated member of the Fellowship Selection Committee
3.3 - Approval of Keith Drazek to serve as EPDP 2A Chair
3.4 - Approval of Chris Disspain to serve as IGO Curative Rights Work Track Chair
3.5 - Confirmation of Council liaisons to respective efforts:
- All Rights Protection Mechanisms in All gTLDs / IGO Curative Rights Work Track - John McElwaine
- New gTLD Subsequent Procedures - Flip Petillion
- EPDP Phase 2 - Olga Cavalli
- EPDP Phase 2A - TBD
- Standing Committee on Budget & Operations (SCBO) - Philippe Fouquart (ex officio)
- Standing Selection Committee (SSC) - Tatiana Tropina (ex officio)
- IRT: EPDP Phase 1 - Sebastien Ducos
- IRT: Privacy & Proxy Services Accreditation Issues PDP Recommendations (PPSAI) IRT - TBD (paused)
- IRT: Translation and Transliteration of Contact Information (T/T) - Maxim Alzoba (paused)
- GNSO Council liaison to the ccNSO - Sebastien Ducos
- GNSO Council liaison to the GAC - Jeff Neuman (already approved but included for completeness)
20201119
Consent Agenda
3.1 - Action Decision Radar - After discussing on the October 2020 meeting, Council to approve delay for the request for the Policy Status Report (PSR) for the Expired Domain Deletion Policy and the Expired Registration Recovery Policy. For clarity, delay should be considered to mean that while the Council recognizes the importance of the PSR for these consensus policies, they do not need to be at the top of the queue.
3.2 - Motion for the confirmation of GNSO representative to the Empowered Community Administration
Motion - Confirmation of GNSO Representative to the Empowered Community Administration
Submitted by: Pam Little
Seconded by: Tatiana Tropina
Whereas,
- The GNSO Council confirmed in October 2020 that the GNSO Chair (currently Philippe Fouquart) will represent the GNSO as the Decisional Participant on the Empowered Community (EC) Administration on an interim basis.
- The GNSO Council leadership team subsequently met to agree who from the Council leadership should perform the role of GNSO representative to the Empowered Community Administration and communicated this decision to the Council mailing list on 8 November 2020.
Resolved,
- The GNSO Council hereby confirms that Philippe Fouquart, GNSO Chair will represent the GNSO as the Decisional Participant on the Empowered Community Administration until the end of his term at ICANN72.
- The GNSO representative shall act solely as directed by the GNSO Council in accordance with the ICANN Bylaws and other related GNSO Operating Procedures.
- The GNSO Council requests the GNSO Secretariat to communicate this decision to the ICANN Secretary which will serve as the required written certification from the GNSO Chair designating the individual who shall represent the Decisional Participant on the EC Administration
20201021
Consent Agenda
3.1 - Action Decision Radar - Next Steps for WHOIS Conflicts Procedure Implementation Advisory Group
The GNSO Council has considered the proposed immediate actions and subsequent steps as outlined in the WHOIS Conflicts Procedure IAG (WHOIS IAG) Small Team's proposal. The proposal outlines recommended next steps to consider with respect to modifying the implementation of the WHOIS Conflicts Procedure, in light of public comments received and changes to data protection law that may have affected the implementation of the Procedure. Specifically, the GNSO Council requests:
- ICANN org, in consultation with contracted parties, to draft a proposal for a modification to the existing Procedure based on its past experience with both the WHOIS Conflicts Procedure and the registrar data retention waiver process. In formulating the draft proposal, the GNSO Council recommends that ICANN org consider changes to data protection law that may have affected the previous implementation of this Procedure in light of the contractual requirements, e.g., the General Data Protection Regulation. For example, should the identification of a new trigger to activate the procedure be considered given potential financial penalties under GDPR?
- Following receipt of the proposal from ICANN org, the GNSO Council will consider the proposal and assess next steps, including seeking input from the community, if appropriate, given the substance of the proposal. Following the GNSO Council's consideration, the GNSO Council may choose to adopt the proposal.
- If the GNSO Council does not deem the proposal appropriate:
- the GNSO Council will recommend a small group of Council volunteers to review the WHOIS IAG draft charter and confirm it is still fit for purpose; and
- Following confirmation of the Charter by the GNSO Council, the GNSO Council recommends launching the call for volunteers for the WHOIS IAG, taking into consideration the GNSO Council's upcoming workload. For example, the call for volunteers may need to be postponed if no community bandwidth is available to immediately consider the issues. In the meantime, ICANN org, in conjunction with the EPDP Phase 1 IRT, will need to update relevant terminology pursuant to EPDP Phase 1, Rec. 27.
- Should the GNSO Council consider the outcome developed from the WHOIS IAG unacceptable, the GNSO Council will consider initiating an EPDP to either change or repeal the Consensus Policy.
3.2 - Action Decision Radar - Per the rationale circulated on 11 October 2020, Council agrees to launch a call for volunteers for a small team to develop both a draft charter and an EPDP scoping document for the IDN Policy Track 2.
3.3 - Following the GNSO Council's consideration of the proposed immediate actions and subsequent steps as outlined here, the GNSO Council directs:
EPDP Phase 2a – Legal/natural and feasibility of unique contacts
- The GNSO Policy Support Team communicate to the groups that have appointed members to the EPDP Team that the Council is expected to instruct the EPDP Team to further consider the topics of legal/natural and feasibility of unique contacts per the instructions above, as well as the expected timeframe, provided herein for reference, "[a]t the latest 3 months after reconvening, the Chair of the EPDP Team and GNSO Council Liaison to the EPDP will report back to the GNSO Council on the status of deliberations. Based on this report, which is expected to include an update on progress made and the expected likelihood of consensus recommendations, the GNSO Council will decide on next steps, which could include providing additional time for the EPDP to finalize its recommendations or termination of the EPDP if it is clear that no progress is being made or consensus is unlikely). Request groups to:
- Commence process of confirming members availability and/or re- appointing members to work on these topics. Proposed deadline: 15 November.
- Start developing proposals to address these topics, factoring in deliberations to date, that will allow the EPDP Team to kickstart deliberations on these topics when it reconvenes."
The Council leadership to initiate an Expression of Interest Process to identify a new Chair.
The EPDP Team shall recommence its deliberations upon selection and confirmation of a new Chair; however, should no suitable candidates be found or should the appointment process require significant time, Council leadership will inform the Council accordingly and recommend commencement of deliberations under the leadership of the GNSO Council liaison to the EPDP Team.
Accuracy:
- The GNSO Policy Support Team communicates to GNSO SG/Cs, as well as ICANN Advisory Committees that have expressed an interest in the topic of accuracy, the intent of the GNSO Council to launch a scoping team on this topic. Request groups to:
- Start thinking about members that have relevant knowledge and expertise that should join this effort once the scoping team launches.
- Start compiling relevant information and suggestions that would allow kickstarting the discussions on 1. and 2. once the scoping team is formed (see here for resources already identified).
- Council leadership to request ICANN Org to 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. The document, once delivered, will be provided to the scoping team to inform its deliberations.
- GNSO Council to consider in the context of the Council Action / Decision Radar, the appropriate starting time for this effort, factoring in other projects that are in the pipeline.
3.4 - Confirmation of the Recommendations Report to the ICANN Board regarding adoption of recommendations 1-22 contained in the Final Report from the EPDP Temporary Specification for gTLD Registration Data – Phase 2.
3.5 - Appointment of the GNSO Liaison to the Governmental Advisory Committee (motion)
20200924-1
Consent Agenda
- 3.1 - Action Decision Radar decision - In respect of Recommendation 5 From IGO-INGO Access to Curative Rights Protection Mechanisms Final Report and in accordance with the Addendum[gnso.icann.org] to the RPMs Charter adopted by the Council on 23 January 2020, the Council shall initiate both the Expressions of Interest process to identify a single, qualified Work Track Chair and issue a call for Members and Observers to join the IGO Work Track
- 3.2 - Approval of the 2020 Customer Standing Committee (CSC) Slate - In accordance with Section 17.2 (d) of the ICANN Bylaw and per the CSC Charter, the full membership of the CSC must be approved by the GNSO Council. The Council approves the full slate of members and liaisons, noting that the SSAC has declined to appoint a liaison:
Members:
Alejandra Reynoso (LAC)
Appointing Organization: ccNSO
Term: 2019 - 2021Brett Carr (Vice-Chair) (EU) re-appointed
Appointing Organization: ccNSO
Expected Term: 2020 - 2022Dmitry Burkov (EU)
Appointing Organization: RySG
Term: 2019 - 2021Gaurav Vedi (NA) re-appointed
Appointing Organization: RySG
Expected Term: 2020 - 2022Liaisons:
Lars-Johan Liman, (Chair) re-appointed
Appointing Organization: RSSAC
Expected Term: 2020 – 2022Laxmi Prasad Yadav
Appointing Organization: GAC
Expected Term: 2020 - 2022Holly Raiche
Appointing Organization: ALAC
Term: 2019 - 2021James Gannon
Appointing Organization: GNSO (Non-Registry)
Term: 2019 - 2021Naela Sarras
Appointing Organization: PTI
Term: no term limit
20200924-2
Adoption of the Expedited Policy Development Process (EPDP) on the Temporary Specification Phase 2 Final Report and Recommendations
Submitted by Rafik Dammak
Seconded by Michele Neylon
WHEREAS
- On 17 May 2018, the ICANN Board adopted the Temporary Specification for gTLD Registration Data ("Temporary Specification") pursuant to the procedures in the Registry Agreement and Registrar Accreditation Agreement concerning the establishment of Temporary Policies;
- Following the adoption of the Temporary Specification, and per the procedure for Temporary Policies as outlined in the Registry Agreement and Registrar Accreditation Agreement, a Consensus Policy development process as set forth in ICANN's Bylaws needs to be initiated immediately and completed within a one-year time period from the implementation effective date (25 May 2018) of the Temporary Specification;
- The GNSO Council has had a number of discussions about next steps to clarify issues around scope, timing and expectations, including a meeting between the GNSO Stakeholder Group and Constituency Chairs on 21 May 2018, the Council meeting on 24 May 2018, a meeting between the ICANN Board and the GNSO Council on 5 June 2018and an extraordinary GNSO Council meeting on 12 June 2018;
- Subsequently, the GNSO Council agreed to form a drafting team, consisting of Council leadership and interested Council members, to develop the EPDP Initiation Request and EPDP Team Charter. The drafting team submitted the proposed EPDP Initiation Request and EPDP Team Charter to the GNSO Council on 19 July 2018;
- The GNSO Council approved the EPDP Initiation Request (https://gnso.icann.org/sites/default/files/file/field-file-attach/temp-spec-gtld-rd-epdp-initiation-request-19jul18-en.pdf) and the EPDP Team Charter (https://gnso.icann.org/sites/default/files/file/field-file-attach/temp-spec-gtld-rd-epdp-19jul18-en.pdf) on 19 July 2018;
- The EPDP Team divided the work in two phases; Phase 1 completed with the adoption of the EPDP Phase 1 Final Report on 4 March 2019, at which point the GNSO Council indicated its non-objection, as required per the EPDP Team Charter, for the EPDP Team to commence work on a System for Standardized Access/Disclosure to Non-Public Registration Data ("SSAD") as well as other topics identified in Phase 2 of the Charter and/or carried over from Phase 1 (priority 2 items);
- The EPDP Team commenced its deliberations on Phase 2 on 2 May 2019 with the development of its workplan (see https://community.icann.org/x/6BdIBg);
- The EPDP has followed the prescribed EPDP steps as stated in the Bylaws, including the publication of an Initial Report on 7 February 2020 for public comment (seehttps://www.icann.org/public-comments/epdp-phase-2-initial-2020-02-07-en) as well as an addendum to the Initial Report on 26 March 2020 (https://www.icann.org/public-comments/epdp-phase-2-addendum-2020-03-26-en, resulting in a Final Report delivered on 31 July 2020 with an updated version containing all minority statements submitted on 26 August 2020;
- Eleven (11) recommendations obtained a full consensus designation (#1, 2, 3, 4, 11, 13, 15, 16, 17, 19 and 21); Three (3) recommendations obtained a consensus designation (#7, 20 and 21); Six (6) recommendations obtained a strong support but significant opposition designation (#5, 8, 9, 10, 12 and 18), and; Two (2) recommendations obtained a divergence designation (#6 & 14);
- The EPDP Team has indicated that it considers all SSAD-related recommendations interdependent, and, as a result, recommends SSAD-related recommendations (Recommendations #1 – 18) be considered as one package by the GNSO Council and subsequently the ICANN Board;
- The GNSO Council has reviewed and discussed the Final Report and its recommendations, including during a dedicated webinar on the topic.
RESOLVED
- The GNSO Council:
- Adopts and recommends to the ICANN Board of Directors the adoption of recommendations #1 – 18 that establish a System for Standardized Access/Disclosure to Non-Public Registration Data;
- [if 1a. is adopted] Noting some of the questions surrounding the financial sustainability of SSAD and some of the concerns expressed within the different minority statements, the GNSO Council requests a consultation with the ICANN Board as part of the delivery of the GNSO Council Recommendations Report to the ICANN Board to discuss these issues, including whether a further cost-benefit analysis should be conducted before the ICANN Board considers all SSAD-related recommendations for adoption.
- The GNSO Council adopts and recommends to the ICANN Board of Directors the adoption of recommendations #19 – 22 that address a number of priority 2 topics.
- The GNSO Council directs ICANN org to convene an Implementation Review Team to work on the implementation of these recommendations. If acceptable to the IRT as well as ICANN org, the GNSO Council has no objection if the existing EPDP Phase 1 Implementation Review Team would take on this task, recognizing that there may be a need to refresh membership as well as align the implementation with any work that may remain from the Phase 1 implementation. The Implementation Review Team will be tasked with assisting ICANN org in developing the implementation details for the EPDP recommendations, evaluating the proposed implementation of the recommendations as approved by the Board, and working with ICANN staff to 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.
- The GNSO Council extends its sincere appreciation to the Chair, Janis Karklins, Vice Chair, Rafik Dammak, EPDP Team members, alternates and support staff of the EPDP Team for their tireless efforts to deliver this Final Report, recognizing that the Council may direct that some further work is undertaken on a number of priority 2 items that were not addressed in the Phase 2 Final Report.
20200820
Consent Agenda
- 3.1 - Action Decision Radar decision - Confirm that Council supports initiation of the IDN Operational Track 1, as recommended by the IDN Scoping Team, that shall focus on the IDN Implementation Guidelines 4.0, which the Council anticipates will be worked on primarily between ICANN org and Contracted Parties, but should allow observers.
- 3.2 - Action Decision Radar decision - Agree on next steps (i.e., for the EPDP-Phase 1 IRT to prepare draft revisions to the affected policies and publish for public comment) for terminology updates as described in the "EPDP Phase 1 Recommendation 27: Registration Data Policy Impacts report" and possible actions as described in the "Possible next steps EPDP P1 Wave 1 Rec 27". In the course of making updates to impacted consensus policies, the EPDP-Phase 1 IRT is instructed to promptly advise the GNSO Council if possible policy changes are required.
- 3.3 - Approve request for extension of timeline for Issue Report on the Transfer Policy
20200723
GNSO Adoption of the Final Report of the New gTLD Auction Proceeds Cross-Community Working Group
Submitted by Erika Mann
Seconded by Rafik Dammak
Whereas,
- The New gTLD Auction Proceeds Cross-Community Working Group was chartered by the the Address Supporting Organization (ASO), the At-Large Advisory Committee (ALAC), the Country Code Names Supporting Organization (ccNSO), the Generic Names Supporting Organization (GNSO), the Governmental Advisory Committee (GAC), the Security and Stability Advisory Committee (SSAC), and the Root Server System Advisory Committee (RSSAC) to develop a proposal(s) for consideration by the Chartering Organizations on the mechanism that should be developed in order to allocate the new gTLD Auction Proceeds.
- The final proposed charter (https://community.icann.org/display/CWGONGAP/CCWG+Charter) was submitted to all ICANN SOs/ACs in October 2016, after which each ICANN SO/AC confirmed the adoption of the charter. The GNSO Council adopted the CCWG charter in November 2016 (https://gnso.icann.org/en/council/resolutions#201611).
- A call for volunteers (https://www.icann.org/news/announcement-2-2016-12-13-en) was launched in December 2016 and the GNSO appointed five members to the CCWG, including one member serving as Co-Chair. The following GNSO-appointed CCWG members are currently serving on the CCWG: Anne-Aikman Scalese, Jonathan Frost, Johan (Julf) Helsingius, Erika Mann (Co-Chair), and Elliot Noss.
- The CCWG commenced its work in January 2017.
- On 11 December 2018, the CCWG published its Initial Report (https://www.icann.org/en/system/files/files/new-gtld-auction-proceeds-initial-08oct18-en.pdf) for public comment (https://www.icann.org/public-comments/new-gtld-auction-proceeds-initial-2018-10-08-en). Thirty-seven (37) comments were received in response to this public comment period, including input from the GNSO Council, RySG, RrSG, BC, ISPCP, NCSG, as well as individuals from the GNSO community.
- The CCWG reviewed public comments and revised recommendations based on this input and further deliberations. On 23 December 2019, the CCWG published a proposed Final Report (https://www.icann.org/en/system/files/files/proposed-new-gtld-auction-proceeds-final-23dec19-en.pdf) for public comment (https://www.icann.org/public-comments/new-gtld-auction-proceeds-final-2019-12-23-en) and requested targeted input from the community on sections of the report that had changed substantially since publication of the Initial Report. Twelve (12) comments were received in response to this public comment period, including input from the RySG, RrSG, IPC, and NCSG.
- The CCWG reviewed all of the input received and submitted its Final Report (https://gnso.icann.org/sites/default/files/file/field-file-attach/ccwg-auction-proceeds-to-gnso-council-29may20-en.pdf) to the Chartering Organizations for their consideration on 29 May 2020.
- The GNSO Council has reviewed and discussed the Final Report and Recommendations.
Resolved,
- The GNSO Council adopts the Final Report and Recommendations of the New gTLD Auction Proceeds Cross-Community Working Group.
- The GNSO Council instructs the GNSO Secretariat to share the results of this motion with the Chairs of the Auction Proceeds CCWG as soon as possible.
- The GNSO Council expresses its sincere appreciation to the Auction Proceeds CCWG, the GNSO appointed members and participants in that effort, and especially the GNSO-appointed Co-Chair, Erika Mann, for all their hard work in achieving the delivery of the Final Report and Recommendations.
20200624-1
Motion Requesting a Preliminary Issue report on the Transfer Policy
Submitted by: Pam LittleSeconded by: Rafik Dammak
Whereas,
- Recommendation 18 of the Inter-Registrar Transfer Policy (IRTP) Part D PDP Working Group's Final Report states, "[t]he Working Group recommends that contracted parties and ICANN should start to gather data and other relevant information that will help inform a future IRTP review team in its efforts;"
- ICANN org, in response to Recommendation 18 of the Inter-Registrar Transfer Policy (IRTP) Part D PDP Working Group's Final Report, delivered the Transfer Policy Status Report (TPSR) to the GNSO Council on 22 April 2019;
- The GNSO Council issued a call for volunteers for a Transfer Policy Review Scoping Team on October 3, 2019;
- The Transfer Policy Review Scoping Team held its first meeting on December 5, 2019;
- ICANN org delivered the EPDP Recommendation 27 Wave 1 Report, which included an inventory of potential inconsistencies with the Transfer Policy and the EPDP Phase 1 recommendations, to the GNSO Council on 19 February 2020;
- The Transfer Policy Review Scoping Team delivered its recommendations in the Transfer Policy Initial Scoping Paper on April 6, 2020;
- The Transfer Policy Review Scoping Team recommended the GNSO Council instruct ICANN Policy staff to draft a Preliminary Issue Report, outlining, et.al., the issues described within the Transfer Policy Initial Scoping Paper;
Resolved:
- The GNSO Council hereby requests the 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.
20200521-1
Consent Agenda
- Approval of the PTI SLA for the ccTLD Creation and Transfer Process
- Reappointment of Matthew Shears to seat 14 on the ICANN Board. The NCPH has reappointed Matthew Shears for Seat 14 on the ICANN Board of Directors. This agenda item is intended to acknowledge the selection and confirm that the notification process as outlined in Section 7.25 of the ICANN Bylaws has been completed.
20200220
Adoption of the PDP 3.0 Implementation Final Report
Whereas,
- GNSO Policy Development Process (PDP) 3.0 is a GNSO Council initiative aimed at introducing incremental improvements to enhance the efficiency and effectiveness of GNSO PDPs.
- On 24 October 2018, the GNSO Council resolved to adopt the GNSO PDP 3.0 Proposed Improvements Paper and provided full support for fourteen (14) improvements.
- In January 2019 during the GNSO Council's Strategic Planning Session (SPS), the GNSO Council decided that a Small Team of Councilors should be convened to support the implementation efforts in collaboration with the GNSO support staff. Led by Rafik Dammak, a GNSO Council Vice Chair, the Small Team met regularly between April 2019 and February 2020, with designated leads working with staff to advance the implementation of each improvement.
- To facilitate the GNSO Council's review, the Small Team delivered four packages to the GNSO Council in an incremental manner: Package one, on improvements 1, 2, 3, and 6 was delivered on 13 August 2019; Package two, on improvements 11, 12, 14, and 16 was delivered on 25 September 2019; Package three, on improvements 5 and 13 was delivered on 22 October 2019; and Package four, on improvements 9 and 15 was delivered on 21 November 2019.
- During the process of developing and finalizing the proposed implementation, the ICANN community and the ICANN org were consulted for input and suggestions via various mechanisms, including but not limited to: interviews and small group discussions, GNSO Council mailing lists and meetings, invitation to provide written input, and a public webinar on 9 December 2019.
- While the PDP 3.0 precedes ICANN's Evolution of the Multistakeholder Model (MSM) project, the implementation is nevertheless connected. The GNSO Council commented on the Evolution of the MSM's initial report and engaged with Brian Cute, the project's facilitator, before and during the ICANN66 meeting in Montréal. In Appendix C of ICANN's Draft FY21-25 Operating & Financial Plans and Draft FY21 Operating Plan & Budget, which documents the outcome of Phase 1 and Phase 2 of the project, three (3) out of the six (6) workstreams align with the PDP 3.0 implementation; the GNSO is being proposed to lead the "Issue A: Consensus + representation and Inclusivity" workstream.
- In January-February 2020, the Small Team conducted additional activities, including: 1) revising the GNSO PDP working group charter template; 2) identifying sections in the current GNSO Operating Procedures that could be revised after the GNSO Council reviews the effectiveness of PDP 3.0 implementation; and 3) discussing "Parking Lot" items that might benefit from future work.
- In January 2020 during GNSO Council's SPS, the GNSO Council dedicated several sessions to the discussion of PDP 3.0 and agreed on several action items as the next steps for the implementation efforts.
- On 10 February 2020, the Small Team completed thirteen (13) out of fourteen (14) PDP 3.0 improvements and delivered its Final Report to the GNSO Council for its consideration. The Final Report provides an overview of the PDP 3.0 implementation process and outcomes, a consolidation of all of the work products incorporating community feedback as appropriate, and suggested effective time frame for deployment of the improvements.
- The last remaining work product related, the Consensus Playbook, is originated from PDP 3.0 Improvement #4 and not complete. While, the Consensus Playbook is not strictly a PDP 3.0 product, it is intended to be utilized by the broader ICANN community beyond the GNSO. Its pending status should not prevent the GNSO Council adoption of the Implementation Final Report from the PDP 3.0 Small Team. Adoption of the Consensus Playbook will be voted upon by the GNSO Council at a later date.
Resolved,
- The GNSO Council hereby adopts the GNSO PDP 3.0 Implementation Final Report and instructs GNSO Support Staff to work with the GNSO Council leadership on the deployment of improvements based on the effective time frame proposed by the PDP 3.0 Small Team.
- The GNSO Council requests future charter drafting teams of the GNSO Council to commence chartering for upcoming PDP efforts by utilizing the revised GNSO working group charter template and other related PDP 3.0 work products, and report to the GNSO Council on whether they help achieve the intended outcomes.
- The GNSO Council requests that after all PDP 3.0 improvements are in effect, the GNSO Council conducts a review of the implementation effectiveness in a timely manner.
- The GNSO Council requests that following the GNSO Council review of the PDP 3.0 implementation effectiveness, the GNSO Council considers any necessary updates to the GNSO Operating Procedures and uses the relevant work product in the PDP 3.0 Implementation Final Report as a starting point.
- The GNSO Council confirms that none but one (1) "Parking Lot" item (Statement of Interest Review) identified by the PDP 3.0 Small Team should be moved forward until the GNSO Council has the opportunity to evaluate the PDP 3.0 implementation effectiveness.
- The GNSO Council thanks to the PDP 3.0 Small Team, GNSO support staff, and others who have contributed to the implementation of GNSO PDP 3.0 improvements as well as the proposed implementation work products to enhance the efficiency and effectiveness of GNSO PDPs.
20200123
Consent agenda: 2 items
Nomination of a Mentor for the ICANN Fellowship Program
Whereas,
- On 13 November 2019, the ICANN Fellowship Program invited ICANN's Supporting Organizations and Advisory Committees to nominate one individual each (total of 7) to serve on the capacity of Fellowship Program mentor for three consecutive ICANN meetings, beginning with ICANN68 (see https://www.icann.org/news/announcement-2019-11-13-en)
- On 3 December 2019, the GNSO launched an Expression of Interest (EOI) process to solicit volunteers for the GNSO-nominated mentor position (see https://gnso.icann.org/en/announcements/announcement-03dec19-en.htm).
- The GNSO Council tasked the GNSO Standing Selection Committee (SSC) with reviewing applications and recommending one individual for the GNSO to nominate.
- The SSC reviewed the applications received, taking into account the criteria outlined in the EOI announcement.
- The SSC submitted its full consensus recommendation to the GNSO Council on 13 January 2020, by way of submission of the relevant motion.
- The GNSO Council considered the recommendations of the SSC.
Resolved,
- The GNSO nominates Amr Elsadr to serve as a ICANN Fellowship Program mentor for three consecutive ICANN meetings, beginning with ICANN68.
- The GNSO Council instructs the GNSO Secretariat to communicate resolved #1 to staff supporting the ICANN Fellowship Program.
- The GNSO Council instructs the GNSO Secretariat to inform the nominated candidate that he or she has been selected.
- 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.
Confirmation of Johan Helsingius as the Chair and Carlton Samuels as Vice-Chair for the GNSO Standing Selection Committee (SSC).
20200123-2
Addendum to the Review of All Rights Protection Mechanisms in All gTLDs Charter to Integrate Recommendation 5 From IGO-INGO Access to Curative Rights Protection Mechanisms Final Report
WHEREAS:
- On 9 July 2018, the Policy Development Process (PDP) Working Group on International Governmental Organizations (IGO) and International Non-Governmental Organizations (INGO) Access to Curative Rights Protection Mechanisms submitted its Final Report to the GNSO Council. The Final Report contains five policy recommendations on which the Working Group reached consensus.
- On 19 July 2018, the GNSO Council acknowledged receipt of the PDP Final Report, noted that, "[i]n view of the need to consider the topic of curative rights protections for IGOs in the broader context of appropriate overall scope of protection for all IGO identifiers (including IGO acronyms), the GNSO Council intends to review this Final Report … with a view toward developing a possible path forward that will also facilitate the resolution of the outstanding inconsistencies between GAC advice and prior GNSO policy recommendations on the overall scope of IGO protections";
- Between July 2018 and March 2019, the GNSO Council discussed the PDP Final Report at various meetings and considered the procedural options available to it under the GNSO's Operating Rules and ICANN Bylaws
- On 18 April 2019, the GNSO Council resolved to approve, and recommend that the ICANN Board adopt, Recommendations 1, 2, 3 & 4 of the PDP Final Report.
- The GNSO Council elected not to approve Recommendation 5 of the PDP Final Report and directed the Review of All Rights Protection Mechanisms in All gTLDs (RPM) PDP to consider, as part of its Phase 2 work, whether an appropriate policy solution can be developed that is generally consistent with Recommendations 1, 2, 3 & 4 of the PDP Final Report and:
- accounts for the possibility that an IGO may enjoy jurisdictional immunity in certain circumstances;
- does not affect the right and ability of registrants to file judicial proceedings in a court of competent jurisdiction;
- preserves registrants' rights to judicial review of an initial UDRP or URS decision; and
- recognizes that the existence and scope of IGO jurisdictional immunity in any particular situation is a legal issue to be determined by a court of competent jurisdiction.
- The GNSO Council had engaged with the GAC on several occasions during its deliberations on the PDP Final Report, including at the joint GAC-GNSO meeting at ICANN65 in Kobe, Japan, where the GNSO Council had sought the GAC's feedback on the GAC's willingness to participate in a targeted effort focusing on the issue of curative rights for IGOs and possibly drawing on the community's recent experiences with the Expedited PDP on the Temporary Specification and Work Track 5 of the GNSO New gTLD Subsequent Procedures PDP
- At ICANN65 in Marrakech, members of the GNSO Council met with certain members of the GAC and IGOs, where there appeared to be agreement from the GAC/IGOs to support the chartering of this separate work. On 20 August, the GAC sent a letter to the ICANN Board, affirming, "its willingness to participate in such chartering effort." Dialogue between the GNSO Council, GAC, and IGOs continued at ICANN66 in Montreal, followed by further discussions within the Council.
- The GNSO Council, in consultation with the GAC and IGOs, has prepared the necessary amendments to the RPMs Charter, in the form of an Addendum to that Charter ("Addendum").
RESOLVED:
- The GNSO Council adopts the amendments to the RPMs Charter to create an IGO Work Track, as reflected in the Addendum.
- The GNSO shall collaborate with each GNSO Stakeholder Group, Constituency, SO and AC to expeditiously issue a call for Members and Observers to join the IGO Work Track, each in accordance with its own rules. The GNSO Council specifically notes that Members and Observers, although appointed by community groups, must nevertheless meet the Membership Criteria as defined in the Addendum.
- In accordance with the Addendum, the GNSO Council shall conduct an Expressions of Interest process as soon as is reasonably possible, in order to identify and confirm a single, qualified Work Track Chair, consistent with the criteria as defined in the Addendum.
- The GNSO Council directs the Work Track Chair and Members to conduct its work in as efficient and effective a manner as possible; and as such, monthly written updates shall be submitted to the GNSO Council by the IGO Work Track Chair and/or Council liaison to the Work Track. These updates must include a report as to the progress of the Work Track according to the timeline and milestones identified in its Work Plan.
- The GNSO Council further directs the Work Track Chair and Members to develop a Work Plan and timeline for its work as a matter of priority and as its first order of business. To facilitate this effort, the GNSO Council instructs ICANN staff to prepare a draft Work Plan and timeline for the Work Track, based on the model adopted for the Expedited Policy Development Process on gTLD Registration Data. The GNSO Council requests that the Work Track Chair submit a proposed Work Plan and timeline to the GNSO Council within four (4) weeks of the first meeting of the Work Track.
- To facilitate communications between the GNSO and the GAC on this topic, the GNSO Council directs the GNSO liaison to the GAC to provide regular progress reports to the GAC.
- The GNSO Council thanks the members of the GNSO Council, as well as those from the GAC and IGOs, for their contributions in developing the Addendum.