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GNSO Council Extraordinary Meeting on 5 Jun 2023 

• Agenda
• Matters of Interest
• Meeting Record
• Special Summary Report

GNSO Council Extraordinary Meeting held on 5 Jun 2023

Full Agenda  |  Documents

• Item 1: Administrative Matters
• Item 2: Opening Remarks / Review of Projects List and Action Item List.
• Item 3: COUNCIL DISCUSSION - SubPro - Progress Update on Recommendations Marked as Pending
• Item 4: ANY OTHER BUSINESS

For notes on highlighted items click on MATTERS OF INTEREST tab above

Matters of interest to ALAC/At-Large

• Item 1: Administrative Matters

  • Minutes of the GNSO Council meeting on 15 March 2023 were posted on 30 March 2023.

  • Minutes of the GNSO Council meeting on 20 April 2023 were posted on 07 May 2023.

• Item 3: COUNCIL DISCUSSION - SubPro - Progress Update on Recommendations Marked as Pending
  • During its informal session at ICANN76 and the subsequent Council meeting, the Council discussed and agreed to task a small team of interested councilors to review the recommendations that the Board placed in a pending status and suggest to the full Council how the underlying concerns that caused the pending status can be best addressed (i.e., a limited triage exercise). 
  • Since ICANN76, the Council SubPro Small Team has met several times and has completed an initial run through of the issues chart, with an update from Board members on why the Board placed specific recommendations into a pending status.
  • Council then discussed the main output of that triage effort, the proposed paths forward for each pending recommendation, during an Extraordinary Meeting on 4 May. During that meeting, Council agreed to further task the small team with taking interim steps (e.g., provision is clarifying information, developing speaking points) in order to support the Council’s dialogue with the ICANN Board on 22 May.
  • Council debriefed after the dialogue with the ICANN Board and discussed next steps. The small team has continued to consider what the “landing spots” are for each recommendation, though the Council and small team are still awaiting input from the Board on where they believe the “landing spots” are; ideally, there will be mutual agreement in as many places as possible, which among other things, helps facilitate the development of a more accurate work plan and timeline (i.e., the key deliverable for ICANN77 in respect of the pending recommendations).
• Item 4: ANY OTHER BUSINESS
  • 4.1 Standing Predictability Implementation Review Team (“SPIRT”) 
  • 4.2 Data accuracy in the context of NIS2

Records of 5 Jun 2023 Extraordinary Meeting

• Presentation
• Audio Recording
• Zoom Recording (includes chat and visual and rough transcript. To access the rough transcript, select the Audio Transcript tab)
• Transcript
• Minutes

Special Summary Report of 5 Jun 2023 Extraordinary Meeting to ALT-PLUS

1. Subsequent Procedures: Outstanding Work, in particular the 38 Pending Recommendations

• Since ICANN76 where the ICANN Board 16 March 2023 Resolution was adopted, Council's SubPro Small Team has completed a triage of the issues with Board member input on why the Board placed specific recommendations into a pending status. The most recent Council discussions on moving the Small Team's work forward are captured during Council's Extraordinary Meeting on 4 May ( see report ), the Council’s dialogue with the ICANN Board on 22 May, and Council's Meeting on 25 May ( see report ), which were summarily reported on during the At-Large CPWG call of 31 Mar 2023.
• Afterwards, some further tidying up led to 5 landing spots which more or less mirrors the 4 earlier groups of recommendations. These 5 landing spots are:
  1. Provision of clarifying statement
  2. Board non-adoption (meaning that the Board declines to approve recommendation in its current form and would trigger a process to generate a GNSO supplemental recommendation aimed at addressing the Board's concern while attempting the preserve the core intention of the original recommendation)
  3. Confirmation that issues can be address as part of implementation
  4. Exploring need for a limited Bylaw amendment
  5. Modification of recommendations (GNSO Section 16 PDP, which would involve consultation with a reconstituted SubPro PDP WG)
• Council was briefed on an indicative path for each of these 5 landing spots ( best to see presentation for details )
• Council also asked to consider a draft combined project plan, which attempts to address the 4 deliverables requested of Council by the ICANN Board. For convenience, the 4 deliverables are replicated as follows, as drawn from the ICANN Board 16 March 2023 Resolution:

1. 1. A plan and timeline as agreed upon by the ICANN Board and the GNSO Council for consideration and resolution of all Outputs contained in Section B of the Scorecard;
   2. A working methodology and Implementation Review Team (IRT) work plan and timeline as agreed upon by ICANN org and the GNSO Council;
   3. A GNSO Council project plan and timeline for policy work, or an alternate path, on how to handle closed generics for the next round of new gTLDs; and
   4. A project plan from the GNSO Internationalized Domain Names (IDNs) Expedited Policy Development Process (EPDP) Working Group (WG) identifying all charter questions that will impact the next Applicant Guidebook, along with considerations to ensure a consistent solution on IDN Variant TLDs with the ccPDP4 on IDN ccTLDs (in accordance with prior Board Resolution 2019.03.14.09), and a timeline by when the IDNs EPDP WG will deliver relevant recommendations to the GNSO Council.

Action by ALAC Liaison

• •  To monitor and keep sharing updates regarding progress of the Council Small Team work on the 38 Pending Outputs
  •  To maintain ALAC positions on the 38 Pending Outputs for purposes of the pre-ICANN77 ALAC-GNSO Bilateral.

2. Closed Generics Draft Framework for onward policy process

• There remains no firm indications at this point on when the draft framework will actually be released. It was mentioned that a close-to-complete version could be released after the Closed Generics Dialogue call on Wed, 7 June, prior to ICANN77 GNSO Day Zero.
• Staff generated a very conservative project plan of 96 weeks assuming an EPDP is used as the policy development mechanism to produce consensus policy out the framework. Several councilors against pushed back against either the 96-week time frame as being too long or the use of an EPDP as the optimal mechanism.
• Discussions will continue at the Day Zero session on 11 June.

3. Data accuracy in the context of NIS2

• NIS2 has a provision on registration data accuracy: Article 28 subsection 3, "Member States shall require the TLD registries and the entities providing domain registration services - those being registrars, resellers, and privacy proxy services - to have policies and procedures including verification procedures in place to ensure that the database as referred to in paragraph 1 include accurate and complete information. Member States shall require such policies and procedures to be publicly available." Then there's a corresponding recital, i.e. recital no. 111, "Those policies and procedures should take into account to the extent possible, the standards developed by the multi-stakeholder or governance structures at the international level." (in other words, ICANN). There is something on accuracy in the RAA version 2013, but it is possible that that isn't good enough for the European lawmakers.
• The question then arose as to whether GNSO could take some onward action, given that European national lawmakers are already in the process of drafting laws to transpose this to international laws, and this applying equally to gTLDs / GNSO and ccTLDs / ccNSO, to: (a) avoid fragmentation in the DN marketplace; (b) address potential divergence in national laws, and (c) avoid friction or major differences in user experience between generic side and the country-code side when registering for DNs.
  
• Council is to take this discussion further in its June 2023 meeting.