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Deck of Cards
idJul2023


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idShow_Jul2023
labelSHOW ME

GNSO Council Meeting #7 of 2023 held on 20 Jul 2023  


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idAgenda_Jul2023
labelAGENDA

GNSO Council Meeting #7 of 2023 held on 20 Jul 2023

Full Agenda  |  Documents  | Motions

  • Item 1: Administrative Matters
  • Item 2: Opening Remarks / Review of Projects List and Action Item List. 
  • Item 3: Consent Agenda
    • ....

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


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idMOI_Jul2023
labelMATTERS OF INTEREST

Matters of interest to ALAC/At-Large

  • Item 1: Administrative Matters
    • Minutes of the GNSO Council meeting on 25 May 2023 were posted on 09 June 2023.
    • Minutes of the GNSO Extraordinary Council meeting on 05 June 2023 were posted on 19 June 2023
    • Minutes of the GNSO Council meeting on 14 June 2023 were posted on TBD



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idMeet_Jul2023temp
labelMEETING DETAILS

GNSO Council Meeting #7 of 2023 held on 20 Jul 2023 at 21:00 UTC:   

 

Non-Council members are welcome to attend the call as listen-only observers.

GNSO Council Meeting Remote Participation: https://icann.zoom.us/j/97891627902?pwd=RURCTitiNEVwd2UySEk1QkRESmlFZz09 

Passcode: 5d$X0$^0L2

                                                                                                                                                                                                                                                           

Or One tap mobile :

    US: +13126266799,,97891627902#,,,,*9844091488#  or +13017158592,,97891627902#,,,,*9844091488#


Webinar ID: 978 9162 7902

Passcode: 9844091488

International numbers available: https://icann.zoom.us/u/abaexQvkCI


Card
idMeet_Jul2023
labelMEETING RECORD

Records of 20 Jul 2023 Meeting

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


Card
idSumRep_Jul2023
labelSPECIAL REPORT

Special Summary Report of 20 Jul 2023 Meeting to ALT-PLUS

For brevity, I will just highlight a few things here. For some of the issues, you can glean a wider perspective from GNSO Council Jul 2023 Matters of Interest and/or from GNSO Council Jul 2023 Meeting Records.


...

Deck of Cards
idJun2023


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idShow_Jun2023
labelSHOW ME

GNSO Council Meeting #6 of 2023 held on 14 Jun 2023 during ICANN 77 


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idAgenda_Jun2023
labelAGENDA

GNSO Council Meeting #6 of 2023 held on 14 Jun 2023 during ICANN 77

Full Agenda  |  Documents  |  Motions

  • Item 1: Administrative Matters
  • Item 2: Opening Remarks / Review of Projects List and Action Item List. 
  • Item 3: Consent Agenda
    • Motion to Commemorate Pam Little
  • Item 4: COUNCIL DISCUSSION - Non-Objection of SubPro Timelines

  • Item 5: COUNCIL DISCUSSION - DNS ABUSE
  • Item 6: COUNCIL DISCUSSION - Consideration of Accuracy Scoping Team recommendations in light of 6 month timeline originally established (factoring in April meeting discussion and input received from ICANN org)
  • Item 7: GNSO TOWN HALL 
  • Item 8: ANY OTHER BUSINESS
    • 8.1 ccNSO & GAC Liaisons updates

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


Card
idMOI_Jun2023
labelMATTERS OF INTEREST

Matters of interest to ALAC/At-Large

  • Item 1: Administrative Matters
    • Minutes of the GNSO Council meeting on 20 April 2023 were posted on 07 May 2023.
    • Minutes of the GNSO Council meeting on 25 May 2025 were posted on 09 June 2023.
    • Minutes of the GNSO Extraordinary Council meeting on 05 June will be posted on 19 June 2023.
  • Item 4: COUNCIL DISCUSSION - Non-Objection of SubPro Timelines

    • At ICANN76, the Board resolved to adopt the majority of the recommendations from the Final Report of the New gTLD Subsequent Procedures PDP. The Board also resolved that the Outputs in Section B of the Scorecard be designated as pending.
    • Further, the Board resolved that several deliverables be completed by the last day of the ICANN77 Public Meeting (15 June 2023):

      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 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.
    • For item 2, the GNSO Council agreed upon a methodology (Open + Representative) at ICANN76 which effectively completed that item from a Council perspective. However, for items 1, 3, and 4, Council has diligently worked on the each of the items, in conjunction with the respective teams as necessary (e.g., the IDNs EPDP leadership team). 
    • During the Council’s Extraordinary Meeting on 5 June, Council had an initial discussion on all of the work plans and timelines. The work plans and timelines will have been further discussed during Council’s pre-ICANN77 sessions on 11 June, which will likely have been supplemented by Board input on how to resolve the pending recommendations.
    • Council will acknowledge the three work plans and timelines (i.e., for the pending recommendations, IDNs EPDP Phase 2, and closed generics EPDP) and agree to their submission to the ICANN Board.
  • Item 5: COUNCIL DISCUSSION - DNS ABUSE
    • In February 2022, the GNSO Council formed a small team of interested 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. 
    • On 7 October 2022, the DNS Abuse Small Team transmitted its Report to the GNSO Council. Recommendation #2 from the Report recommended the GNSO Council to request, et.al., the Registrar Stakeholder Group “to further the role that bulk registrations play in DNS Abuse as well as measures that Registrars may have already put in place to address this vector. Based on the feedback received, the GNSO Council will consider whether further action on bulk registrations is deemed necessary.
    • The DNS Abuse Small Team received input from the following groups:

    • Upon reviewing the feedback, the DNS Abuse Small Team preliminarily concluded that there is not enough information available for bulk registrations to be the subject of further policy work at this time.
    • Council will receive an update from the DNS Abuse small team.
  • Item 6: COUNCIL DISCUSSION - Consideration of Accuracy Scoping Team recommendations in light of 6 month timeline originally established (factoring in April meeting discussion and input received from ICANN org)
    • The Registration Data Accuracy (RDA) Scoping Team was initiated by Council in July 2021 per the formation instructions. The Scoping Team was tasked with considering a number of accuracy-related factors including the current enforcement, reporting, measurement, and overall effectiveness of accuracy-related efforts. 
    • The Scoping Team completed:
      • Assignment #1 (enforcement and reporting) and Assignment #2 (measurement of accuracy) and submitted its write up to the Council on 5 September 2022.
      • In the write up, the group suggested moving forward with two proposals that would not require access to registration data, namely a registrar survey (recommendation #1) and a possible registrar audit (recommendation #2) that may help further inform the team’s work on assignment #3 (effectiveness) and #4 (impact & improvements), while it awaits the outcome of the outreach to the European Data Protection Board (EDPB) by ICANN org in relation to proposals that would require access to registration data (recommendation #3). 
    • In November 2021, Council adopted recommendation #3 of the Scoping Team’s write up, which recommended;
      • (i) pausing the work in relation to proposals that require access to registration data,
      • (ii) 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
      • (iii) requesting 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.
      • In response to the Council’s requests, ICANN org provided the following written update to the GNSO Council on 14 March 2023.
    • ICANN org provided a verbal update to Council during the 20 April meeting. Six months has now passed from the Council’s initial deferral of the Scoping Team’s recommendations 1 and 2. 
    • Council will consider whether a further six month deferral is appropriate or if other next steps are timely e.g., the consideration of the Scoping Team’s recommendations 1 and 2.
  • Item 7: GNSO TOWN HALL 
    • To encourage GNSO community engagement with Council, Council is inviting the community to engage directly with it during the ICANN77 meeting. The objective is to have an open and frank discussion with the GNSO Community during which any topics or questions can be raised.
    • One particular topic that Council would like to draw your attention to is the recent trend of attrition in GNSO Working Group participation - a topic discussed during the recent GNSO Policy Webinar. Council is interested to hear from the community on how it can best address this trend.
    • Additional topic prompts will be included closer to the session.


Card
idMeet_Jun2023
labelMEETING RECORD

Records of 14 Jun 2023 Meeting

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


Card
idSumRep_Jun2023
labelSPECIAL REPORT

Special Summary Report of 14 Jun 2023 Meeting to ALT-PLUS

For brevity, I will just highlight a few things here. For some of the issues, you can glean a wider perspective from GNSO Council Jun 2023 Matters of Interest and/or from GNSO Council Jun 2023 Meeting Records.

1. Next Round of New gTLDs / Subsequent Procedures 38 Pending Recommendations & Other Dependencies

  • To recap, GNSO Council considered a draft combined project plan, which attempts to address the 3 of the 4 deliverables requested of Council by the ICANN Board. For convenience, the 3 of 4 deliverables are replicated as follows, as drawn from the ICANN Board 16 March 2023 Resolution:
    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 (the 38 Pending Recommendations);
    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.
  • Ongoing conversations with the Board SubPro Caucus co-leads, Avri Doria and Becky Burr, have led to an update of the approach for the 38 Pending Recommendations. Based on this development, Council did not object to 3 of the 4 deliverables as contained in the Draft SubPro ICANN77 Deliverables: Workplan and Timeline that has since been submitted to the Board on 15 Jun 2023:

a. The 38 Pending Recommendations have been re-organised into 3 categories of "a", "b" and "c":

CategoryDescriptionSubPro TopicRelevant RecsSummary of Board ConcernWhat is Expected to Happen Next?
"a"Issue can be addressed during
implementation 
  • Topic 6: Registry Service Provider
    Pre-Evaluation

6.8

Roles of IRT & ICANN org seem to be reversed
  • Board adoption and directing of

  • ICANN org to implement
  • Topic 16: Application Submission Period
16.1Application window period too prescriptive
  • Topic 18: Terms & Conditions
18.4

Ability for applicant to withdraw w/o clarity on “substantive” or “material” changes made to AGB/Program could lead to gaming

  • Topic 19: Application Queuing
19.3Prescriptive batch size leads to inflexibity
"b" Issue can be addressed via a GNSO
Council Clarifying Statement
  • Topic 3: Applications Assessed in Rounds

3.1, 3.2, 3.5, 3.6, 3.7

Inflexibility of being held to rounds
  • Development of clarifying statement by Council / Small Team in consultation with Board SubPro caucus co-leads
  • Adoption by GNSO Council
  • Board adoption and directing of ICANN org to implement
  • Topic 9: Registry Voluntary Commitments / Public Interest Commitments

9.1, 9.4, 9.8, 9.9, 9.10, 9.12, 9.13, 9.15

Uncertainty/risks in ICANN’s ability to enforce PICs/RVCs per mission/Bylaw sec 1.1 limitation. Bylaw change must succeed.

  • Topic 26: Security and Stability
26.9Ability to prohibit emojis at the 3rd Level
  • Topic 29: Name Collision
29.1Not concern, merely awaiting NCAP Study 2 Report
  • Topic 30: GAC Consensus Advice & GAC Early Warning
30.7Use of RVCs to address GAC EW / Advice (or even other comments) may fall outside ICANN mission (tied to Recs 9.1, 9.4, 9.8, 9.9, 9.10, 9.12, 9.13, 9.15) 
  • Topic 31: Objections
31.16, 31.17Use of PICs/RVCs to address objections (or even other comments) may fall outside ICANN mission (tied to Recs 9.1, 9.4, 9.8, 9.9, 9.10, 9.12, 9.13, 9.15) 
  • Topic 34: Community Applications
34.12Possibly required to publish CPE provider confidential info for public comment
  • Topic 35: Auctions
35.3, 35.5Mention of "private auctions" should not endorse/prohibit private auctions
"c"





Board has signaled non-adoption





  • Topic 9: Registry Voluntary Commitments / Public Interest Commitments
9.2

Waiver of Spec 11 3(a) & 3(b) for single registrant TLDs could lead to unforeseen harm on different business models

Option: Council invoking Section 16, Annex 2 of the GNSO Operating Procedures prior to final Board action

c1: GNSO Council modifies recommendation(s)

  • Development of proposed modifications by GNSO Council / Small Team
  • Consult with SubPro PDP on proposed modifications
  • Publish proposed modification for public comment
  • Review public comment and revise modification
  • Council vote to adopt modified recommendations
  • Board adoption and directing of ICANN org to implement


Option: Board takes final action to not adopt

c2: GNSO Council considers development of Supplemental Recommendation

  • ICANN Board to provide statement with reasons for why policy is not in best interest of ICANN Community or ICANN
  • Council reviews Board statement
  • Board-Council discussion
  • Council decides whether to develop Supplemental Recommendation
  • Council / Small Team develops Supplemental Recommendation in consultation with Board SubPro caucus co-leads (currently targeting Rec 9.2, 17.2, 22.7, 24.3, 24.5)
  • Council adoption of Supplemental Recommendation
  • Board adoption and directing of ICANN org to implement
  • Topic 17: Applicant Support
17.2

Open-ended nature of potential payees and payments

  • Topic 18: Terms & Conditions
18.1Does not want to unduly restrict ICANN’s discretion to reject an application in circumstances that fall outside the specific grounds set out in the recommendation.
  • Topic 18: Terms & Conditions
18.3Covenant not to sue subject to challenge/ appeal mechanism leading to undue legal exposure (tied to Recs 32.1, 32.2, 32.10)
  • Topic 22: Registrant Protections
22.7Exemption of COI means no EBERO funds – better to be case-by-case than blanket exemption (similar to Rec 9.2)
  • Topic 24: String Similarity
24.3, 24.5

Enforcing “intended use” of singular-plural through PICs may fall outside ICANN mission

  • Topic 32: Limited Challenge / Appeal
32.1, 32.2, 32.10

Co-existence with Bylaw-driven Accountability Mechanisms, duplication, add unnecessary cost and delay

c. Project plan and timeline for Closed Generics policy recommendations

    • Currently, following the comment period for the draft Framework for Closed Generics gTLDs (ending 15 July), the draft Framework is expected to then be finalized pursuant to a plan to initiate an EPDP to confirm policy recommendations for Closed Generics
    • The planned EPDP is expected to take the normal course of an EPDP, running for not more than 96 weeks in total from 14 June.
    • Team deliberations and publication of an Initial Report is projected to take 36 weeks.

d. Project plan from the GNSO Internationalized Domain Names (IDNs) Expedited Policy Development Process (EPDP) Working Group (WG)

    • Phase 1 Final Report is expected to be delivered to Council in Nov 2023
    • Council then considers this Phase 1 Final Report and decides on the adoption of report and recommendations
    • Phase 2 Initial Report is expected to be published for public comment in May 2025
    • Phase 2 Final Report is expected to be delivered to Council in Nov 2025
    • Council then considers this Phase 2 Final Report and decides on the adoption of report and recommendations
    • The IDNs EPDP WG is already taking steps to improve its timeline to expedite completion of its work well ahead of the Nov 2025 target 


2. DNS Abuse (from the perspective of the GNSO Council / Small Team on DNS Abuse)

Two aspects were discussed (as per the ALAC-GNSO Bilateral of 6 Jun 2023)

  • 1. Contractual Amendment Negotiations
    • CPH and ICANN have reached an agreement on the Registrar Accreditation Agreement and the Registry Agreement in strengthening the DNS Abuse provisions. 
    • The DNS Abuse Small Team had been tasked with finding out which areas of DNS Abuse were suitable for policy development, through which Contractual Compliance provided information no how they view the contracts and clauses that are ambiguous. 
    • The amendments developed are out for public comment until 13 Jul.
    • Council to keep Small Team in abeyance until public comment outputs are determined to have addressed gaps highlighted by Contractual Compliance, and as such would not require any further work to be done from a policy development point of view.

Action by ALAC Liaison

    •  To encourage ALAC/At-Large to examine those proposed amendments and the Contractual Compliance Advisory
  • 2. Bulk Registrations
    • Small Team does not have evidence to start policy work on bulk registrations.  Discussion was useful nevertheless. ICANN has now commissioned the Inferential Analysis of Maliciously Registered Domains (INFERMAL) study which touches on bulk registrations. DNS Abuse Institute is said to be looking into this area as well.
    • Small Team consensus was to wait for results to restart next steps.

Action by ALAC Liaison

    •  To follow up on any outstanding intersessional conversation on bulk registrations


3. Registration Data Accuracy

  • Council had agreed to put the Accuracy Scoping Team on pause for 6 months, pending a number of inputs required before reopening the issue. These include the data protection agreements (DPAs) that had been due since the EPDP Phase 1 recommendations were adopted by the ICANN Board, otherwise there can be no progress on GDPR compliance.
  • The registries had a number of queries on the DPAs and have received responses from ICANN org (no details spoken); so the DPAs are expected to be made available in due course.
  • Council is to consider extending the pausing of the Accuracy Scoping Team further in its July meeting.


4. GNSO Town Hall

Several issues of concern / remarks were raised;

  • Volunteer attrition and how to encourage participation of newcomers
  • Transparency of GNSO Council Small Team work / calls
  • Discouraging use of Chatham House Rule in future
  • Support for PDPs to ask for F2F workshops to expedite work


5. Motion to commemorate Pam Little, esteemed colleague, mentor, and previous GNSO Council leader who passed away earlier in 2023. This portion of the meeting begins at one hour and thirty minutes into the recording.


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A-23-06B
ALAC-GNSO COUNCIL PRE-ICANN 77 MEETING (JUN 2023)        (go up to Directory) 

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