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

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

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
  • Registration Data Accuracy Scoping Team Recommendations #1 and #2 – extending deferral of consideration by six months
  • GNSO Review of GAC Communiqué 
  • GNSO Non-Registry Liaison to the Customer Standing Committee (CSC) - Milton Mueller; [GNSO Non-Registry Liaison Alternate to the CSC - [candidate under review]]
• Item 4: COUNCIL DISCUSSION - Accuracy 
• Item 5: COUNCIL DISCUSSION - Operational Design Phase and Operational Design Assessment Liaison & Small Team Survey Feedback
• Item 6: COUNCIL DISCUSSION - SubPro Small Team Update on Pending Recommendations - Clarifying Statement
• Item 7: Follow up on IGO Curative Rights IRT and Other Work Necessary to Achieve Release of the IGO Acronyms  Under Interim Reservation
• Item 8: IDNs EPDP Timeline
• Item 9: ANY OTHER BUSINESS
  • 9.1 ccNSO Liaison update
  • 9.2 Closed Generics Update

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 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 01 July 2023
• Item 3: Consent Agenda
  • Registration Data Accuracy Scoping Team Recommendations #1 and #2 – extending deferral of consideration by six months
• Item 4: COUNCIL DISCUSSION - Accuracy 
  • During Council’s extraordinary meeting on 5 June 2023, Thomas Rickert introduced an area for potential discussion at a future GNSO Council meeting.
  • Specifically, the European Union's Second Network and Information Systems Directive (“NIS2”) entered into force on 16 January 2023. Article 28, subsection 3 provides, "Member States shall require TLD name registries and the entities providing domain name registration services, those are registrars, resellers and privacy and proxy services, to have policies and procedures, including verification procedures in place to ensure that the databases referred to in paragraph 1 include accurate and complete information. Member States shall require such policies and procedures to be publicly available." Additionally, the corresponding recital number 111, provides, in part, “Those policies and procedures should take into account to the extent possible the standards developed by the multi-stakeholder governance structures at the international level." 
  • There was a suggestion to consider informal options of responding to the recital text to highlight the standards that are currently applicable.
  • Council will discuss if further work is needed on this topic, and if the GNSO is the appropriate venue for further work at this time.
• Item 5: COUNCIL DISCUSSION - Operational Design Phase and Operational Design Assessment Liaison & Small Team Survey Feedback
  • Council will receive an overview of the feedback provided in the surveys issued to two GNSO Liaisons to the ODP (Janis Karklins and Jeff Neuman) and the members of both ODA review teams, and consider potential next steps such as sharing this feedback to ICANN org to help inform the upcoming community consultation.
• Item 6: COUNCIL DISCUSSION - SubPro Small Team Update on Pending Recommendations - Clarifying Statement
  • Since ICANN76, the Council SubPro Small Team has met several times and has completed a comprehensive review of the issues chart, with Board member input on why the Board placed specific recommendations into a pending status. The Council discussed the main output of that triage effort, the proposed paths forward for each pending recommendation, during an Extraordinary Meeting on 4 May, in order to support the Council’s dialogue with the ICANN Board on 22 May. 
  • During the ICANN77 Day 0 Session, Council heard from the members of the Board regarding the Board’s views on potential “landing spots” on the pending recommendations. Following this discussion, the Small Team has drafted clarifying statements for items in landing spot one (“Provision of Clarifying Statement to the Board”). Immediately after ICANN77, Council submitted its ICANN77 Deliverable Work plan & Timeline SubPro Related Activities as requested by the ICANN Board in its 16 Mar resolution.
  • Council will receive an update from the Small Team on the proposed clarifying statement to the Board as well as the work that is ongoing in relation to the recommendations for which the Board has indicated likely non-adoption.
• Item 7: Follow up on IGO Curative Rights IRT and Other Work Necessary to Achieve Release of the IGO Acronyms  Under Interim Reservation
  • On 14 April 2013, the Board passed a resolution placing certain IGO acronyms under temporary reservation. In recent correspondence, the Board confirmed that its intention in passing this resolution was to “withhold these IGO acronyms from registration at the second level on an interim basis, pending resolution by the community of the inconsistencies between GAC advice and GNSO policy recommendations from the GNSO’s 2012-2013 Policy Development Process (PDP) on IGO-INGO Protections in All gTLDs.” 
  • Since the April 2013 Board resolution, the GNSO has completed two PDPs specific to curative rights protections for IGOs: (1) the PDP on IGO-INGO Access to Curative Rights Protection Mechanisms that was completed in 2019 and (2) the Expedited PDP (EPDP) on Specific Curative Rights Protections for IGOs that was completed in 2022.
  • On 30 April 2023, the Board voted to adopt all four recommendations that the GNSO Council approved from the 2019 PDP and all five Full Consensus recommendations from the 2022 EPDP. The Board also directed ICANN org to proceed with implementation “as soon as feasible; and to develop and submit to the Board an implementation plan … to inform the Board as to how the implementation of these recommendations fit into ICANN org’s operational planning and prioritization of its ongoing work to implement other community-developed recommendations that the Board has adopted.” 
  • Council will discuss whether it wishes to take any steps to request that ICANN org implementation of these Consensus Policy recommendations remains a high priority, understanding the need to resource this work appropriately in the context of other ongoing implementation work.
• Item 8: IDNs EPDP Timeline
  • In accordance with ICANN Board request (16 Mar resolution), the EPDP Team delivered an updated project plan by the last day of ICANN77.  It identifies that almost all of its charter questions will impact the next Applicant Guidebook, and determines that its timeline for the EPDP Team’s delivery of relevant recommendations to the GNSO Council remains unchanged, which is November 2025. 

  • Nevertheless, the EPDP Team made a commitment to reconsider its delivery date shortly after ICANN77 by taking into consideration: 

    • Closure of the Phase 1 Initial Report Public Comment period and gaining a better understanding of the breadth and quantity of comments received; 
    • A better sense of progress made on Phase 2 charter questions in advance of the schedule; and
    • More certainty of approval for the EPDP Team’s request for its dedicated face-to-face workshop, etc.  
  •  Council will hear an update on the EPDP Team’s revised schedule.
• Item 9: ANY OTHER BUSINESS
  • 9.2 Closed Generics Update 

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

Special Summary Report of 20 Jul 2023 Meeting to ALAC

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.

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

• To recap, the ICANN Board 16 March 2023 Resolution had requested the GNSO Council to submit 3 of 4 deliverables. 
• For convenience, the 3 of 4 deliverables are replicated as follows:
  • a. 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);
  • b. A working methodology and Implementation Review Team (IRT) work plan and timeline as agreed upon by ICANN org and the GNSO Council;c. 
  • c. 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
  • d. 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.
• Immediately after ICANN77, Council submitted to the Board on 15 Jun 2023 the SubPro ICANN77 Deliverables: Workplan and Timeline which addresses the 3 requested deliverables.

a. The 38 Pending Recommendations

• Since after ICANN77, the GNSO Council Small Team on SubPro has continued to work with the Board SubPro Caucus co-leads, Avri Doria and Becky Burr, in developing the Council's 2 next sub-deliverables in respect of the 38 Pending Recommendations. This involves bifurcating the 38 recommendations into 2 broad groups: 

• • Group (1) covers Recommendations on the following SubPro Topics which were assessed and are understood to merely require clarifying statements by Council for the Board's consideration in context of the Board's concerns, in order to facilitate adoption by the Board. *  
    • Topic 3: Applications Assessed in Rounds - Recommendations 3.1,3.2, 3.5, 3.6, 3.7
    • Topic 6: Registry Service Provider Pre-Evaluation - Recommendation 6.8
    • Topic 9: Registry Voluntary Commitments / Public Interest Commitments - Recommendations 9.1, 9.4, 9.8, 9.9, 9.10, 9.12, 9.13, 9.15
    • Topic 26: Security and Stability - Recommendation 26.9
    • Topic 29: Name Collision - Recommendation 29.1
    • Topic 30: GAC Consensus Advice and GAC Early Warning - Recommendation 30.7
    • Topic 31: Objections - Recommendations 31.16, 31.17
    • Topic 34: Community Applications - Recommendation 34.12
    • Topic 35: Auctions - Recommendations 35.3, 35.5
  • The complete Clarifying Statement produced for Group (1) recommendations can be viewed via this link.

Action by ALAC Liaison

• • •  To participate in Small Team to ensure clarifying statement captures existing ALAC positions, as relevant/needed.

• • Group (2) covers the remaining pending recommendations for which the Council Small Team will continue to work on in light of the clear signal by the Board SubPro Caucus co-leads that the Board will very likely decline to adopt as they currently read. The Small Team's scope of work here includes considering whether such recommendations should be revised, and if so, how - either through the 'GNSO Operating Procedures section 16' path (which would involve reconvening the SubPro PDP WG), or through a 'Supplemental Recommendation' path for which Council will need to determine the mechanism to produce such supplemental recommendation.

Action by ALAC Liaison

• • •  To continue to participate in Small Team to ensure clarifying statement captures existing ALAC positions, as relevant/needed, or to advocate for the inclusion of input outside of GNSO where Council opts for the 'Supplemental Recommendation' path.

• • *To note that I have previously reported, that the list of recommendations in group (1) versus group (2) continues to evolve over time; compare with as at ICANN77

c. Draft Closed Generics Framework

• • Council received a cursory update on where the Draft Closed Generics Framework stands and informed that the GAC-GNSO-ALAC Dialogue small team will reconvene to review the community comments received in response to the request for comments on the Draft Closed Generics Framework which closed on 15 Jul 2023. 

d.  Internationalized Domain Names (IDNs) Expedited Policy Development Process (EPDP)

• • As reported in Jun 2023, the IDNs EPDP WG was already taking steps to improve its timeline to expedite completion of its work well ahead of its original Nov 2025 target.
  • The WG Chair presented a revised project plan which shaves 13 months off the earlier timeline. The key milestones for this EPDP are now as follows:
    • Phase 1 Final Report remains 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 Apr 2024 (vs May 2025 earlier)
    • Phase 2 Final Report is expected to be delivered to Council in Oct 2024 (vs Nov 2025 earlier)
    • Council then considers this Phase 2 Final Report and decides on the adoption of report and recommendations
  • Assumptions for this revised project plan must hold for the EPDP to meet the new milestone dates:
    • Progress to be achieved via multiple sessions during ICANN78 (similar to ICANN77)
    • A planned F2F workshop scheduled for early Dec 2023
    • No change to the EPDP Charter / scope of quarter questions

• Update: Following Council's 24 this 20 Jul meeting, Council submitted an updated ICANN77 Deliverable Workplan & Timeline SubPro Related Activities to provide further clarity to its 15 Jun submission.

2. Data Accuracy in the context of NIS2 & Registration Data Accuracy Scoping Team

      Accuracy

• Council continued to discuss what should or could be done in light of the European Union's Second Network and Information Systems Directive (“NIS2”) entered into force on 16 January 2023, particularly regarding Article 28, subsection 3 referencing the need for Member States to require that "(accuracy) policies and procedures should take into account to the extent possible the standards developed by the multi-stakeholder governance structures at the international level." 
• There was no clear agreement on matters of protocol - ie. whether it would be more appropriate for ICANN org or ICANN Board to address the EU or for GNSO Council to address the GAC, and the EC representative specifically, to inform of the work already or being undertaken by ICANN in this area. This was to be referred to Council's communication small team for consideration.

     Data Accuracy Scoping Team

• Council continues to await an update on the status of negotiations Data Processing Agreement (DPA) negotiations between ICANN org and Contracted Parties and resolved to extend deferral of consideration of recommendations #1 and #2 of the Registration Data Accuracy Scoping Team write up for another six months or 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.

3. Operational Design Phase (ODP) and Operational Design Assessment (ODA)

• Council was given a presentation on the results of a survey conducted with the 2 GNSO liaisons to 2 completed ODP (SSAD and SubPro) as well as members of the 2 small teams (SSAD and SubPro) and was informed that ICANN org will be conducting an upcoming community consultation to obtain feedback on the ODP process.
• To note that ICANN org intends to incorporate (possibly formalize) the ODP process into the CPIF - Consensus Policy Implementation Framework. 

Action by ALAC Liaison

• •  To alert the ALAC/At-Large on details of ICANN org's upcoming community consultation when they become available