[council] GNSO Council Request Re: GAC Advice

[Margie Milam <Margie.Milam@xxxxxxxxx>]

Dear All,

At the last Council meeting, a number of questions were raised related to the 
nature of GAC advice to the GNSO Council.   After inquiring with the legal 
department, here is what I learned:

Under the Bylaws, there are no requirements or specifications of how the GNSO 
should receive and/or respond to GAC advice.  GNSO has no obligation to enter 
into consultation with the GAC regarding advice provided by the GAC to the 
GNSO.  However, the role of the GAC is to "provide advice on the activities of 
ICANN as they relate to concerns of governments, particularly matters where 
there may be an interaction between ICANN's policies and various laws and 
international agreements or where they may affect public policy issues."   The 
Bylaws also note that the advice of the Governmental Advisory Committee on 
public policy matters is to be duly taken into account, both in the formulation 
and adoption of policies.

Therefore, the GNSO is encouraged to take the opinions of the GAC very 
seriously, just as the GNSO would advice from the ALAC or SSAC.  In addition, 
if the GAC's concerns are not addressed or mitigated prior to an issue reaching 
the ICANN Board for consideration, it's possible that the GAC could issue the 
same advice to the Board, thereby triggering the Board's 
consideration/consultation obligations as set forth in the Bylaws.

I'll be happy to address any questions you may have regarding this topic on 
tomorrow's Council call.

All the Best,

Margie
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Margie Milam
Senior Policy Counselor
ICANN
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