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idUpdates


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defaulttrue
idDevelopments_2021-2023
labelSHOW ME

Developments in 2021-2023 on:


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idPost_2023_ODA
labelNext Steps for New gTLD Round

Next Steps for a New gTLD Round 2023 (post Subsequent Procedures Operational Design Assessment (SubPro ODA))  

2023 - Post ODA

    *26 Oct: ICANN Board resolves during its regular Board Meeting to adopt the Scorecard: Subsequent Procedures dated 26 October 2023 (the "October 2023 Scorecard"), comprising:

    • Section A, which details the recommendations that the Board adopts with the second Clarifying Statement.
    • Section B, which details the recommendations that the Board does not adopt (Recommendations 32.1, 32.2 and 32.10) because they are not in the best interests of the ICANN community or ICANN, including a Board statement and rationale for each of the Outputs, per Bylaws Annex A, Section 9.

and directed ICANN org, to commence the implementation work related to the recommendations adopted by the Board in Section A of the October 2023 Scorecard, and to consider the recommendations and the second Clarifying Statement jointly for the purpose of implementation and operation of the New gTLD Program: Next Round.

  • 21 Oct: GNSO Council transmitted to the ICANN Board its "New gTLD Subsequent Procedures Pending Recommendations - GNSO Council Second Clarifying Statement" (Second Clarifying Statement) developed by the SubPro Small Team to address the Board's concerns on 10 pending Outputs around the enforceability of Public Interest Commitments (PICs) and Registry Voluntary Commitments (RVCs).

   *10 Sep: ICANN Board resolves during its regular Board Meeting to adopt the Scorecard: Subsequent Procedures dated 10 September 2023 (the "September 2023 Scorecard"), comprising:

    • Section A which details the Outputs that the Board adopts: Recommendations 16.1, 18.4, 19.1, and 19.3; also input on implementation of Recommendations 30.4, 30.5 and 30.6 post discussion with GAC. 
    • Section B, which details the Outputs that the Board adopts with the "New gTLD Subsequent Procedures Pending Recommendations - GNSO Council Clarifying Statement" transmitted to the Board on 5 September 2023 that provide relevant context to these Outputs; Affirmation with Modification 3.1, Recommendations 3.2, 3.5, 3.6, 3.7, 6.8, 9.15, 26.9, 29.1, 34.12, 35.3 and 35.5.
    • Section C, which details the Outputs that the Board does not adopt, including a Board statement and rationale for each of the Outputs, per Bylaws Annex A, Section 9a, because they are not in the best interests of the ICANN community or ICANN: Recommendations 9.2, 17.2, 18.1, 18.3, 22.7, 24.3, and 24.5.
    • Section D, which details the recommendations that remain pending following this Board action, i.e. Recommendations 9.1, 9.4, 9.8, 9.9, 9.10, 9.12, 9.13, 30.7, 31.16, and 31.17 (all relating to the enforceability of PICs and RVCs), and  32.1, 32.2, and 32.10 (all relating to the proposed Challenge & Appeal mechanisms).

and directed ICANN org to commence the implementation work related to the Outputs adopted by the Board in Section A of the September 2023 Scorecard, taking into account the noted Board considerations regarding recommendations 18.4, 30.4 and 30.6.

See my 14 Jun 2023 Council Meeting summary report for a distillation of (selected) SubPro Output context and Board concerns

  • 5 Sep: GNSO Council transmitted to the ICANN Board its "New gTLD Subsequent Procedures Pending Recommendations - GNSO Council Clarifying Statement" (Clarifying Statement) developed by the SubPro Small Team to address the Board's concerns on the pending Outputs.

   *31 Jul: ICANN Board Chair announces the New gTLD Program: Next Round Implementation Plan which (re-)establishes a target for the the next Applicant Guidebook to be finalized in May 2025, and which then enables the application round to open in Q2 2026 (with the goal of April 2026), noting that any delays to the timeline of the Policy Implementation work stream will cause delays to the opening of the round.

  *27 Jul: ICANN Board resolves at a special meeting to acknowledges receipt of a draft New gTLD Program: Next Round Implementation Plan from ICANN org and plans to publish the plan on or before 31 July 2023.

  • 25 Jul: GNSO Council submitted to the ICANN Board an updated ICANN77 Deliverable Workplan & Timeline SubPro Related Activities to provide further clarity to its 15 Jun submission
  • 15 Jun: GNSO Council submitted to the ICANN Board its ICANN77 Deliverable Work plan & Timeline SubPro Related Activities as requested by the ICANN Board in its 16 Mar resolution
  • 5 Jun: GNSO Council holds extraordinary meeting to discuss completion of outstanding SubPro-related work.
  • 22 May: GNSO Council meets with the ICANN Board on pending SubPro recommendations.
  • 4 May: GNSO Council holds extraordinary meeting to discuss the Proposal of SubPro Small Team Triage Exercise and determine next steps on the 38 pending recommendations.
  • 23 Mar: GNSO Council received letter from GAC in respect of GAC input on GAC Priority Topics relative to SubPro Recommendations marked as "pending" 
  • 22 Mar: GNSO Chair sends letter to ICANN Board and Sally Costerton noting Council's appreciation on progress made during recent weeks and at ICANN76 towards "getting things done".
  • 21 Mar: GNSO Council constitutes a Council Small Team to conduct Council triage for the 38 Pending SubPro Outputs, comprising Anne Aikman-Scalese (NCA), Bruna Martins dos Santos (NCSG), Jeff Neuman (GNSO Liaison to SubPro ODP), Justine Chew (ALAC Liaison to GNSO), Nacho Amados (RySG), Paul McGrady (NCA-NCPH), Sebastien Ducos (RySG), Stephanie Perrin (NCSG), Susan Payne (IPC) and Tomslin Samme-Nlar (NCSG).
  • 16 Mar: GNSO Council receives letter from ICANN Board in respect of Board's action on SubPro Final Report

   *16 Mar: ICANN Board resolves during its Board Meeting at ICANN76 to adopt the SubPro Outputs in Section A of its "Scorecard on Subsequent Procedures PDP" (Scorecard); marking 38 Outputs in Section B of the Scorecard as "pending" and noting ongoing community discussions relating to Topic 17: Applicant Support, Topic 23: Closed Generics, and Topic 25: Internationalized Domain Names (IDNs), as well as additional dependencies concerning specific Review Team Recommendations, the Name Collision Analysis Project Study 2 Report (NCAP2), and other items noted in Section C of the Scorecard; and directed ICANN org to commence implementation work related to Section A.


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idAddSubPro
labelADDITIONAL WORK ON SUBSEQUENT PROCEDURES

Additional Work on Subsequent Procedures  – TO MONITOR THIS for ALAC/At-Large participation.

2023

  • 25 Sep: ICANN org publishes the Public Comment Summary Report on the GGP Applicant Support Guidance Recommendation Initial Report.
  • 31 Jul - 11 Sep: GGP Applicant Support Guidance Recommendation Initial Report out for public comment

2022

  • 21 Nov: GGP on Applicant Support kicks off.
  • 20 Oct: Mike Silber was confirmed by Council as the Chair for the GGP.
  • 25 Aug: Council resolved unanimously to initiate the GGP using a "Representative + Observers" WG model with each SG/C/AC to be invited to nominate a representative. The GGP will start with Applicant Support first, with the possibility of adding further topics down the line.
  • 12 Aug: Council is expected to consider and vote on a new version of the GGP on Application Support. In brief, this version of the GPP on Application Support proposes as follows: 
    • A (smaller) Working Group employing a “Representative + Observers” model, to conduct and conclude its work, and oversight activities, in an efficient/effective manner while allowing for inclusive community participation. GNSO Council retains oversight, as with any GNSO WG.
    • Each AC/SG, ASO and ccNSO may appoint 1 Member to the WG, who are expected to represent the view of their appointing organization and may be called on to provide the official position of their appointing
      organization and will be responsible for participating in GGP consensus calls. Appointing organizations may replace their Member(s) at their discretion.
    • Members must either possess a level of expertise in previous deliberations and/or knowledge that may have been lacking during those initial deliberations.
    • The WG has the flexibility/discretion to rely on Subject Matter Experts (SMEs) in specific fields to aid in deliberations for certain tasks, but these SMEs will not be considered as Members of the WG.
    • The GNSO Liaison to the ODP may serve as an non-voting member of the WG to advise on issues discussed within the SubPro PDP.
  • 21 Jul: Council considered a late proposed amendment to the substantive motion to establish a GGP to work just on Applicant Support. The amendment received some support and it was decided to defer this issue to Council's August 2022 meeting to allow opportunity to incorporate supported element(s) into the substantive motion for Council's consideration.
  • 15 Jun: Council to proceed with a motion in its Jul meeting to establish a GGP to work just on Applicant Support through a Steering Committee (of a representative+observer model) with ultimate oversight by Council. This GGP is the proposed mechanism to address SubPro Implementation Guidance 17.5, which suggests the creation of a dedicated IRT and it be charged “with developing implementation elements of the Applicant Support Program. In conducting its work, the Implementation Review Team should revisit the 2011 Final Report of the Joint Applicant Support Working Group as well as the 2012 implementation of the Applicant Support program.” This dedicated IRT was to be charged with making substantive decisions on outreach activities and allocation of scarce resources (e.g., when there are more qualified applicants than available funds), among other activities.
  • 19 May: Council to explore (intersessionally) the Draft New gTLD Subsequent Procedures GNSO Guidance Process (GPP) Initiation Request.
  • 5 May: Council received a Draft New gTLD Subsequent Procedures GNSO Guidance Process (GPP) Initiation Request for its consideration. This will likely be discussed at Council's May 2022 meeting.
  • 9 Mar: Based on GNSO SubPro ODP Liaison update - Question set #2, Council discussed options for the way forward to deal with a number of areas possibly considered as incomplete in terms policy-development: including on Applicant Support, SPIRT, challenges and appeals. But Council has yet to determine the mechanism to adopt. 


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idConsensus_Policy
labelON MODIFYING GTLD CONSENSUS POLICIES

ICANN Org Discussion paper on Modifying gTLD Consensus Policies –  TO MONITOR THIS and assess for ALAC input opportunities.

2022

2021


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idTRP
labelTransfer Policy Review PDP

Transfer Policy Review Policy Development Process (TPR-PDP)

2023

  • 11 Jan: In the course of Phase 1 work conducted to date, the WG discovered that certain Phase 2 topics must be addressed before Phase 1 recommendations can be fully developed. As a result, the PDP leadership team alerts Council to Project Change Request (PCR) to update its work plan to consolidate all work into a single phase and change the order in which topics are considered. This will impact the timeline for key deliverables.

2022

2021

  • 16 Dec: Council approved a Project Change Request (PCR) to update charter topics considered in Phase 1 of the TPR-PDP by moving the topic of NACK (rejection of transfer request) of an unauthorized transfer to Phase 1a scope from Phase 2.
  • May: WG begins meeting
  • Feb: Council initiated the two-phased Transfer Policy Review PDP


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idIDN
labelInternationalized Domain Names EPDP

Internationalized Domain Names EPDP

2023

  • 21 Dec: GNSO Council adopts the IDNs EPDP Phase 1 Final Report containing 69 policy recommendations on topics related to top-level IDN gTLD definition and variant management.
  • 8 Nov: GNSO Council receives the IDNs EPDP Phase 1 Final Report with a full consensus designation on all 68 69 recommendations on topics related to top-level IDN gTLD definition and variant management.
  • 14 Sep: GNSO Leadership relays GNSO Council Guidance Statement on ".québec” to the EPDP Team.
  • 24 Aug: At the GNSO Council meeting, the GNSO Chair led the commentary on this issue which essentially concluded that the issue of .quebec (TLD) not being a variant of “.québec” did not require an immediate resolution and one that did not squarely sit in the remit of the Expedited Policy Development Process on Internationalized Domain Names (EPDP on IDNs). The letter from the ALAC Chair to the GNSO Chair on this issue was referred to also.
  • 17 Aug: GNSO Leadership circulated the 22 Jun 2023 letter from ALAC Chair to the GNSO Chair regarding the Latin script LGR and .québec issue
  • 20 Jul: GNSO Council received a revised project plan  from the IDNs EPDP Working Group 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
  • 14 Jul: GNSO Leadership received a communication from the EPDP Chair regarding 4 public comments related to creating an exceptional process by which the existing registry operator for .quebec could apply “.québec” in a future gTLD round ("the .québec issue") being out of scope of the IDN EPDP and its Charter, and referred the comments to the GNSO Council for consideration and action as determined appropriate.
  • 14 Jun: GNSO Council received the latest project plan from the IDNs EPDP Working Group, which provides that:
    • 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 
  • 25 May: GNSO Council received a presentation from the EPDP Chair in response to the ICANN Board's request to Council noted in the Board's 16 Mar letter to Council.
  • 16 Mar: GNSO Council receives letter from ICANN Board in respect of Board's action on SubPro Final Report; item 4 pertains to the work of the IDNs EPDP.

2022

  • 17 Nov: Council approved the EPDP's Project Change Request (PCR). With this PCR, the EPDP seeks to 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, which also requires a timeline extension 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 timeline now contemplated is:
    • Publish Phase 1 Initial Report for Public Comment by April 2023
    • Submit Phase 1 Final Report to the GNSO Council by November 2023
    • Publish Phase 2 Initial Report for Public Comment by April 2025
    • Submit Phase 2 Final Report to the GNSO Council by November 2025
  • 10 Oct: Council is alerted to an impending Project Change Request (PCR) which seeks significant changes to the EPDP's project plan. 

  * 22 Sep: ICANN Board has approved the IDN Guidelines version 4.1 except the deferred guidelines 6a, 11, 12, 13, 18 and associated Additional Notes, and directed these to be published as IDN Guidelines version 4.1 and to supersede version 3.0.

  • 20 Jan: Council to send letter to ICANN Board responding to the Board’s 20 Oct letter regarding the IDN Implementation Guidelines v4.0.

2021

  • 16 Dec: Council Leadership to draft a response to the ICANN Board’s 20 Oct letter regarding the IDN Implementation Guidelines v4.0.
  • 18 Nov: Council has yet to discuss its approach for the response to the ICANN Board’s 20 Oct letter regarding the IDN Implementation Guidelines v4.0.
  • Aug: The Expedited Policy Development Process on Internationalized Domain Names (EPDP on IDNs) commenced work on its Charter Questions.


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idRDA_Scoping
labelRegistration Data Accuracy Scoping Team

Registration Data Accuracy (RDA) Scoping Team

2023

  • 20 Jul: Council 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. 
  • 20 Apr: Council considered the RDA Scoping Team Survey Summary Results and ICANN org's 14 Mar input.
  • 14 Mar: ICANN org replies to Council's 1 Dec 2022 letter for an update on outstanding issues related to registration data accuracy and the pending work of the Registration Data Accuracy Scoping Team.

2022

  • 1 Dec: Council sent letter to ICANN org requesting an update on outstanding issues related to registration data accuracy and the pending work of the Registration Data Accuracy Scoping Team.
  • 17 Nov: Council adopted recommendation #3 and deferred consideration of recommendations #1 and #2 as contained in the Scoping Team's write up to the Council of 5 September 2022. For more specific details on the recommendations and action, refer to the 17 Nov Special Summary Report.
  • 10 Oct: The Scoping Team has 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 is suggesting 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). Council is seeking a new Chair for the Scoping Team.
  • 10 May: The RDA Scoping Team submitted a Project Change Request (PCR) to Council. 

18 Nov 2021

  • Council received notice that the ICANN Board has selected two Board members to serve as liaisons to this Registration Data Accuracy Scoping Team. They are Becky Burr and Harald Alvestrand (alternate).
  • Council has acknowledged the Registration Data Accuracy - Scoping Team (RDA_ST) Project Plan


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idSSAD
labelTemp Spec for Registration Data / SSAD ODP

Temporary Specification for gTLD Registration Data / System for Standardized Access/Disclosure Operational Design Phase (SSAD ODP);  See: https://www.icann.org/ssadodp for more official info / Registration Data Request Service (RDRS)

2023

  • 21 Sep: Council adopted the EPDP Phase 2 small team's proposed charter for a Registration Data Request Service (RDRS) Standing Committee, which is expected to replace the EPDP Phase 2 small team shortly.
  • 8 Sep: Council received the small team's proposed charter for aRegistration Data Request Service (RDRS) Standing Committeeto help inform the next steps on the SSAD policy recommendations.
  • 22 Mar: GNSO Chair sends letter to ICANN Board and Sally Costerton noting Council's appreciation on progress made during recent weeks and at ICANN76 towards "getting things done".
  • 15 Mar: 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”.
  • 11 Mar: GNSO EPDP Phase 2 (SSAD) - Implementation of Whois Disclosure System at ICANN76 - Whois Disclosure System (WDS) now known as Registration Data Request Service (RDRS).
  • 6 Mar: Council receives ICANN Board's reply to Council's 17 Nov 2022 letter on Council’s recommendations for how to proceed with the WHOIS Disclosure System (WDS).
  • 27 Feb: ICANN Board adopted a resolution directing ICANN org to proceed to develop and launch the WDS as soon as possible. The Board also authorized the use of the Supplemental Fund for the Implementation of Community Recommendations to support this work. In addition, the Board has 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.

2022

  • 17 Nov: Council sent letter to ICANN Board alerting on Council’s recommendations for how to proceed with the WHOIS Disclosure System (WDS).
  • 17 Nov: Council accepted the EPDP Phase 2 small team findings and recommendations as outlined in the small team's addendum and confirmed that pending the implementation and subsequent running of the Whois Disclosure System (WDS) for a period of up to two (2) years, the SSAD recommendations should remain paused for consideration by the ICANN Board.
  • Oct: Council is to further discuss next steps on the Whois Disclosure System (WDS) in November.
  • Sep-ICANN75: Attention on SSAD has now been redirected to ICANN Org's proposal for the Whois Disclosure System (WDS). Design for this WDS was published prior to ICANN75 and ICANN org provided a presentation of the system design to the EPDP Phase 2 small team during ICANN75. Subsequently, the small team and Council held initial discussions amongst themselves, as well as with the Board during their joint session on Tuesday. The Council discussed during its meeting on Wednesday and the small team met informally on Thursday of ICANN75.
  • 13 Sep: ICANN org published a WHOIS Disclosure System (System) Design Paper based on the "proof of concept" approach outlined by the Small Team.
  • Mar: Council Small Team seated (comprising Members: Paul McGrady, Sebastien Ducos, Marc Anderson, Stephanie Perrin, John McElwaine, Olga Cavalli, Thomas Rickert, Laureen Kapin (GAC- shared membership), Chris Lewis-Evans (GAC- shared membership), Alan Greenberg, Sarah Wyld, Steve DelBianco, Becky Burr, Steve Crocker, Philippe Fouquart (GNSO Council Observing) , Tomslin Samme Nlar  (GNSO Council Observing); and Alternates: Gregory DiBiase).
  • 1 Feb: GNSO Council Chair invited GNSO SG/Cs, ALAC, GAC to nominate their EPDP Phase 2 representatives for a Council Small Team led by Sebastien Ducos to analyse the SSAD ODA to develop recommendations on next steps.  On 4 Feb, the ALAC Chair nominated Alan Greenberg (being one of the 2 ALAC EPDP Phase 2 representatives) for this Council Small Team.
  • 27 Jan: Council and ICANN Board Consultation on SSAD ODP
  • 18 Jan: SSAD ODP Project Update Webinar #5
  • 12 Jan: A follow up discussion is held for Council and and GNSO-appointed EPDP Phase 2 members to discuss next steps ahead of Council's meeting with the ICANN Board on 27 January on concerns around financial sustainability of the SSAD (wiki)
  • 5 Jan: A 4 Jan 2022 summary paper was circulated to Council members ahead of a 12 Jan call

2021


...

Deck of Cards
idDec2023


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idShow_Dec2023
labelSHOW ME

GNSO Council Meeting #12 of 2023 held on 21 Dec 2023


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idAgenda_Dec2023
labelAGENDA

GNSO Council Meeting #12 of 2023 held on 21 Dec 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
  • Item 4: COUNCIL VOTE - EPDP on Internationalized Domain Names Phase 1 Final Report
  • Item 5: COUNCIL VOTE - GNSO Guidance Process (“GGP”) for Applicant Support Guidance Recommendation Final Report
  • Item 6: COUNCIL DISCUSSION - SubPro Small Team Update on Non-Adopted Recommendations 
  • Item 7: COUNCIL DISCUSSION - EPDP on Temporary Specification Phase 1 Urgent Requests
  • Item 8: COUNCIL DISCUSSION - Request for Reconsideration from Intellectual Property Constituency 
  • Item 9: COUNCIL DISCUSSION - Update on Key Outcomes and Action Items Coming out of GNSO Council Strategic Planning Session
  • Item 10: ANY OTHER BUSINESS
    • 10.1 ccNSO & GAC Liaison updates

    • 10.2 Update on Diacritic Study Request

    • 10.3 Community Consultation on Public Interest Commitments/Registry Voluntary Commitments 

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


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idMOI_Dec2023
labelMATTERS OF INTEREST

Matters of interest to ALAC/At-Large

  • Item 1: Administrative Matters
    • Minutes of the GNSO Council Meeting Part 1 and Part 2 on 25 October 2023 were posted on 10 November 2023.
    • Minutes of the GNSO Council Meeting on 16 November 2023 were posted on 01 December 2023.
  • Item 3: Consent Agenda
    • To confirm Sebastien Ducos as Chair of the RDRS Standing Committee
    • GNSO Review of GAC ICANN78 Communique
  • Item 4: COUNCIL VOTE - EPDP on Internationalized Domain Names Phase 1 Final Report 
    • On 24 April 2023, the EPDP Team published its Phase 1 Initial Report, which contains 68 recommendations for Public Comment. The Working Group reviewed the public comments, adjusted its report in light of the comments received, and the Final Report has received the full consensus of the Working Group.

    • During its 16 November meeting, the GNSO Council received a briefing on the Final Report from Donna Austin, the EPDP Chair.

    • Council will vote on the motion to adopt the EPDP on IDNs Phase 1 Final Report, for which a Supermajority is needed to pass the motion.

  • Item 5: COUNCIL VOTE - GNSO Guidance Process (“GGP”) for Applicant Support Guidance Recommendation Final Report
    • The GGP Working Group reviewed all public comments on its Guidance Recommendation Initial Report and deliberated as appropriate to properly evaluate and address comments received during the public comment period. This included the careful consideration and analysis of the public comments, explaining the rationale for agreeing and disagreeing with the different comments received, and, if appropriate, how these were addressed in the Guidance Recommendation Final Report. The working group updated its recommendations and sent its Final Report to the GNSO Council on11 Dec.
    • Council will vote on the motion to adopt the GGP on ASP Final Report, for which a Supermajority is needed to pass the motion.
  • Item 6: COUNCIL DISCUSSION - SubPro Small Team Update on Non-Adopted Recommendations
    • Council had adopted this Small Team’s updated assignment form with a work plan to address the 10 recommendations not adopted by the Board. Following that plan, the Small Team initiated first steps (i.e., developed background materials, preliminary Supplemental Recommendation language, and issued a call for volunteers for the Small Team Plus).
    • The Small Team Plus has begun developing Supplemental Recommendation language, beginning with Recommendation 17.2, Applicant Support, according to the above-mentioned work plan.
    • Council will receive an update on the Small Team Plus' work thus far. (Refer to my report to CPWG on 13 Dec)
  • Item 7: COUNCIL DISCUSSION - EPDP on Temporary Specification Phase 1 Urgent Requests
    • On 18 May 2019, the ICANN Board adopted the Temporary Specification for gTLD Registration Data to enable contracted parties to continue to comply with existing ICANN contractual requirements and community-developed policies as they relate to registration directory services. The GNSO Council initiated a one-year policy development process to confirm whether or not the Temporary Specification should become a consensus policy, and whether it provided an enduring framework for complying with the European Union’s General Data Protection Regulation (GDPR).
    • The EPDP Team sent its Phase 1 Final Report to Council on 20 Feb 2019, and Council voted to approve the Final Report on 4 Mar 2019. The Board subsequently adopted the Phase 1 Final Report on 15 May 2019, with the exception of Recommendation 1, Purpose 2, and Recommendation 12, which the Board did not adopt in full. The Board directed the ICANN President and CEO or their designee(s) to implement the adopted policy recommendations. 
    • ICANN org convened an Implementation Review Team (IRT) in May 2019. ICANN org published the draft Registration Data Policy for public comment on 24 August 2022. Several commenters expressed dissatisfaction with the implementation of Recommendation 18, specifically around the issue of the response timeline for urgent requests. The relevant portion of Recommendation 18 reads, “A separate timeline of [less than X business days] will considered for the response to ‘Urgent’ Reasonable Disclosure Requests, those Requests for which evidence is supplied to show an immediate need for disclosure [time frame to be finalized and criteria set for Urgent requests during implementation].”
    • Following the public comment period and subsequent discussion by the IRT, the GAC wrote to the Board about the topic of urgent requests on 23 Aug 2023. The Registrar Stakeholder Group wrote to the Board on 8 Sep 2023 in response to the GAC’s letter.
    • Following the receipt of these letters and further communication amongst Board members, the Board would like to discuss urgent requests and its related concerns with Council. Council is to discuss this matter.
  • Item 8: COUNCIL DISCUSSION - Request for Reconsideration from Intellectual Property Constituency 
    • On 22 Nov 2023, the Intellectual Property Constituency (IPC) filed a Request for Reconsideration (RfR) of the ICANN Board Resolutions 2023.10.26.11 and 2023.10.26.122, regarding (i) the actions and inactions that led to (a) the ICANN Board’s public comment of 6 December 2018 on the Initial Report of the Cross-Community Working Group on New gTLD Auction Proceeds (CCWG-AP), (b) the organization of the public comment phase on the Proposed Final Report of the New gTLD Auction Proceeds Cross Community Working Group, (c) the ICANN Board Resolutions 2022.06.12.13 to 2022.06.12.16 , and (ii) the actions and inactions involving the implementation of the ICANN Grant Giving Program.
    • Council will hear an update on the RfR and discuss the same.
  • Item 9: COUNCIL DISCUSSION - Update on Key Outcomes and Action Items Coming out of GNSO Council Strategic Planning Session
    • Council held its annual Strategic Planning Session (SPS) in Washington, D.C. from 29 Nov - 1 Dec 2023. Over the course of the three days, Council identified a number of key outcomes and associated action items. From the previous SPS, Council built in more review and checkpoint mechanisms to ensure that there was proper follow through in executing the identified action items. This was determined to be a good practice and, accordingly, is included as a Council discussion item shortly following the SPS to ensure continued progress. 

    • Council will review the key outcomes and action items identified during the SPS, as well as discuss a more detailed action plan to ensure progress.

  • Item 10: ANY OTHER BUSINESS

    • 10.1 ccNSO Liaison update (presentation)  & GAC Liaison updatesupdate

    • 10.2 Update on Diacritic Study Request

    • 10.3 Community Consultation on Public Interest Commitments/Registry Voluntary Commitments 


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idMeet_Dec2023temp
labelMEETING DETAILS

GNSO Council Meeting #12 of 2023 held on 21 Dec 2023 at 13:00 UTC:  https://tinyurl.com/yuau3nvd 

 05:00 Los Angeles; 08:00 Washington DC; 13:00 London; 14:00 Paris; 16:00 Moscow; 00:00 Melbourne (Friday)

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

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


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Records of 21 Dec 2023 Meeting

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


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Special Summary Report of 21 Dec 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 Dec 2023 Matters of Interest and/or from GNSO Council Dec 2023 Meeting Records.

1. Consent Agenda

  • Sebastien Ducos is confirmed as Chair of the RDRS Standing Committee.

2. EPDP on Internationalized Domain Names (EPDP on IDNs)

  • Council has adopted the Phase 1 Final Report of the EPDP on IDNs containing 69 policy recommendations related to variant management at the top-level.

3. GNSO Guidance Process (“GGP”) for Applicant Support Guidance (GGP on Applicant Support)

  • Council has adopted the Final Report of the GGP on Applicant Support containing 9 policy guidance recommendations related to certain aspects of the Applicant Support Program implementation for the next round of New gTLDs.

4. SubPro Small Team Update on Non-Adopted Recommendations

5. EPDP on Temporary Specification Phase 1 Urgent Requests

  • Council had been informed of the ICANN Board's concern over the EPDP on Temporary Specification Phase 1 Recommendation 18 after ICANN org convened an IRT to discuss this upon Public Comment, and several commentors had expressed dissatisfaction with how Recommendation 18 was implemented.
    • Rec 18 reads, “A separate timeline of [less than X business days] will considered for the response to ‘Urgent’ Reasonable Disclosure Requests, those Requests for which evidence is supplied to show an immediate need for disclosure [time frame to be finalized and criteria set for Urgent requests during implementation].” 
    • It should be noted that GAC had also written to the ICANN Board in the context of urgent requests for registration data as the Board was reviewing the final plans for the Registration Data Request Service (RDRS) Launch.
  • Council heard that from a Board member that the Board thinks the RDRS was conceptually not fit for purpose in respect of urgent requests since there are no service levels associated with the RDRS, and therefore decided that functionality should be considered separately to the RDRS launch. Concerns were also indicated by registry and registrar groups especially since it is difficult to say with certainty the time needed to authenticate any requestor.
  • Council concluded the discussion by requesting a formal communication from the Board with respect to its concerns with the EPDP on Temporary Specification Phase 1 Urgent Requests to enable Council to determine what Council can do to help resolve the concern.

6. ICANN Grant Program - Request for Reconsideration from Intellectual Property Constituency

  • On 22 Nov 2023, the Intellectual Property Constituency (IPC) filed a Request for Reconsideration (RfR) of the ICANN Board Resolutions 2023.10.26.11 and 2023.10.26.122, regarding (i) the actions and inactions that led to (a) the ICANN Board’s public comment of 6 December 2018 on the Initial Report of the Cross-Community Working Group on New gTLD Auction Proceeds (CCWG-AP), (b) the organization of the public comment phase on the Proposed Final Report of the New gTLD Auction Proceeds Cross Community Working Group, (c) the ICANN Board Resolutions 2022.06.12.13 to 2022.06.12.16 , and (ii) the actions and inactions involving the implementation of the ICANN Grant Giving Program.
  • After some discussion, Council felt is was appropriate to issue a letter of support for IPC's filed RfR.

7. Update on Diacritic Study Request

  • GNSO Council Leadership is reviewing a draft request prepared by Mark Datysgeld on the Diacritic Study and will report back to Council in due course.


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A-23-11
A-23-11
GNSO COUNCIL MEETING #11 (NOV 2023)                        (go up to Directory) 

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GNSO Council Meeting #11 of 2023 held on 16 Nov 2023


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GNSO Council Meeting #11 of 2023 held on 16 Nov 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
  • Item 4: COUNCIL VOTE - Approval Action Community Forum at ICANN78 - Fundamental Bylaws Amendments to Articles 18 and 19 of the ICANN Bylaws
  • Item 5: COUNCIL UPDATE - EPDP on Internationalized Domain Names Phase 1 Final Report 
  • Item 6: COUNCIL DISCUSSION - Updates on Status of Data Processing Agreement (DPA) negotiations and Registration Data Accuracy
    • (i) DPA Negotiations
    • (ii) Registration Data Accuracy
  • Item 7: COUNCIL DISCUSSION - ICANN Board Action on the Final Report of the Cross-Community Working Group on New gTLD Auction Proceeds (CCWG-AP)
  • Item 8: COUNCIL DISCUSSION - Consider whether further work is needed after ICANN org outreach to European Network Information Security Agency (ENISA) 
  • Item 9: ANY OTHER BUSINESS 
    • 9.1 SPS Planning

    • 9.2 Confirmation of RDRS Chair

    • 9.3 Update on Public Comment on Pilot Holistic Review - Terms of Reference

    • 9.4 Update on GAC Communique Update

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


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Matters of interest to ALAC/At-Large

  • Item 1: Administrative Matters
    • Minutes of the GNSO Council Meeting on 21 September 2023 were posted on 08 October 2023.
    • Minutes of the GNSO Council Meeting Part 1 and Part 2 on 25 October 2023 were posted on 10 November 2023.
  • Item 3: Consent Agenda
    • To confirm Tomslin Samme-Nlar as GNSO Representative as Decisional Participant to the Empowered Community
  • Item 4: COUNCIL VOTE - Approval Action Community Forum at ICANN78 - Fundamental Bylaws Amendments to Articles 18 and 19 of the ICANN Bylaws
    • The Board is convening 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." The Board convened the first IFR on 16 September 2018.

    • The Board's noted its resolution for the Approval of Amendments to IANA Naming Function Review Bylaws is “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.” The Bylaws changes aim to clearly set out the expected process as designed during the IANA Stewardship Transition Process, and do not represent a change to any of these processes.

    • Council will vote on the fundamental Bylaws amendments, which requires a simple majority to pass.
  • Item 5: COUNCIL UPDATE - EPDP on Internationalized Domain Names Phase 1 Final Report
    • On 24 April 2023, the EPDP Team published its Phase 1 Initial Report, which contains 68 recommendations for Public Comment. The Working Group reviewed the public comments, adjusted its report in light of the comments received, and the Final Report has received the full consensus of the Working Group.
    • Council will receive a briefing on the EPDP - IDN Phase 1 Final Report (Slides) with the expectation that the report can be voted on during the subsequent Council meeting.
  • Item 6: COUNCIL DISCUSSION - Updates on Status of Data Processing Agreement (DPA) negotiations and Registration Data Accuracy

           (i) DPA Negotiations 

    • On 3 August 2023, the GNSO Council sent a letter to ICANN org and the chairs of the Registrar Stakeholder Group and Registries Stakeholder Group, notifying them of the Council’s decision to extend consideration of the Registration Data Accuracy Scoping Team recommendations until certain dependencies are met. The dependencies referenced include both (i) the outcome of the work by ICANN org on the scenario(s) in which the request and processing of registration data takes place and (ii) the finalization of the Data Processing Agreement (DPA).
    • ICANN org together with the chairs of the Registrar Stakeholder Group and Registries Stakeholder Group provided a response on 16 October 2023, notifying the Council that the “parties agreed that these agreements would take the form of a specification that may be added to the Registry Agreement (RA) and Registrar Accreditation Agreement (RAA), and as such we refer to them as the ‘Data Processing Specification’ or ‘DPS.’”
    • ICANN org noted that it has informed the Contracted Party House (CPH) Negotiating Team that its goal is to complete the negotiations, which include resolution of a few remaining items, by the end of the calendar year, with the eventual aim to have the DPS available for use by registrars and registries for the beginning of the Registration Data Policy implementation window.

          (ii) Registration Data Accuracy

    • The Registration Data Accuracy (RDA) Scoping Team was initiated by the GNSO Council in July 2021 per the formation instructions. The Scoping Team was tasked with considering a number of accuracy-related factors such as the current enforcement, reporting, measurement, and overall effectiveness of accuracy-related efforts. These considerations are to help inform the team’s deliberations and development of recommendations to the GNSO Council on whether any changes are recommended to improve accuracy levels, and, if so, how and by whom these changes would need to be developed (for example, if changes to existing contractual requirements are recommended, a PDP or contractual negotiations may be necessary to effect a change). 
    • 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 is suggesting 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). 
    • As has been communicated previously, Michael Palage has confirmed his resignation as Chair of this group to the Council. The Council will need to consider the proper timing for identifying a new Chair for this effort.
    • ICANN org provided a verbal update to the Council during the 20 April meeting. During its meeting on 20 June 2023, the Council voted to extend the deferral of the consideration of recommendations #1 and #2, pending resolution of recommendation #3 (pausing the work on proposals that require access to registration data until there is clarity from ICANN org on if/how it anticipates the requesting and processing of registration data to be undertaken in the context of measuring accuracy). 
    • On 19 October 2023, ICANN org provided an update on Registration Data Accuracy efforts. 
    • Council will discuss these updates and determine if further outreach is needed for either of the items at this time.
  • Item 7: COUNCIL DISCUSSION - ICANN Board Action on the Final Report of the Cross-Community Working Group on New gTLD Auction Proceeds (CCWG-AP)
    • On 12 June 2022, the ICANN Board accepted all recommendations in the Final Report of the Cross-Community Working Group on New gTLD Auction Proceeds (CCWG-AP).

    • The CCWG-AP's Recommendation 7 states in relevant part "Existing ICANN accountability mechanisms such as IRP or other appeal mechanisms cannot be used to challenge a decision from the Independent Project Applications Evaluation Panel to approve or not approve an application. Applicants not selected should receive further details about where information can be found about the next round of applications as well as any educational materials that may be available to assist applicants. The CCWG recognizes that there will need to be an amendment to the Fundamental Bylaws to eliminate the opportunity to use the Request for Reconsideration and Independent Review Panel to challenge grant decisions." The CCWG-AP also issued guidance to the Board that after reviewing how other entities dealt with appeals, that allowing appeals appeared to add too much complexity.

    • The Board's June 2022 decision reflected the Board's initial agreement with the CCWG-AP's conclusion that a Fundamental Bylaws change was necessary to implement Recommendation 7 and identified such a Bylaws change as a dependency on the launch of the ICANN Grant Program. Upon further consideration, the Board determined that the CCWG-AP's recommendation to preserve the auction proceeds from being used to defend against usages of ICANN's accountability mechanisms for decisions on individual grant decisions can be implemented in alternative ways, including ways that do not require modification to ICANN's core Bylaws on accountability. As a result, the Board proposed updating its action on Recommendation 7 to reflect that ICANN org should implement this Recommendation 7 directly through the use of applicant terms and conditions rather than through a change to ICANN's Fundamental Bylaws.
    • During its meeting on 26 October 2023,  the ICANN Board passed a resolution, revisiting its 12 June 2022 decision on Recommendation 7 of the Cross-Community Working Group on New gTLD Auction Proceeds (CCWG-AP) and issues the Revised Scorecard - CCWG on Auction Proceeds Final Report Recommendations – Board Action ("Revised Scorecard"), removing the requirement and dependency that a Fundamental Bylaws Amendment is required prior to the launch of the ICANN Grant Cycle, though the amendment would nevertheless be pursued. 
    • Council will discuss the Board action and determine if further action is needed.
  • Item 8: COUNCIL DISCUSSION - Consider whether further work is needed after ICANN org outreach to European Network Information Security Agency (ENISA) 
    • During the Council’s extraordinary meeting on 5 June 2023, Thomas Rickert introduced an area for further Council discussion. 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 by some Councilors to consider informal options of responding to the recital text to highlight the standards that are currently applicable. The Council formed a small team to further consider this effort; however, after hearing an update from ICANN org noting that ICANN org was already in the process of reaching out to the Network and Information Systems Cooperation Group Work Stream for art.28 NIS2, the Small Team agreed to await the draft from ICANN org instead of independently reaching out. The Small Team additionally noted that ICANN org was the appropriate entity to deliver this message, rather than the GNSO Council, but the Small Team requested ICANN org share the draft communication with the GNSO Council for an additional review prior to sending the communication. ICANN org shared its draft communication on 19 October 2023. 
    • Council will discuss any further work is needed.
  • Item 9: ANY OTHER BUSINESS 
    • 9.1 SPS Planning

    • 9.2 Confirmation of RDRS Chair

    • 9.3 Update on Public Comment on Pilot Holistic Review - Terms of Reference

    • 9.4 Update on GAC Communique Update


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Records of 16 Nov 2023 Meeting


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Special Summary Report of 16 Nov 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 Nov 2023 Matters of Interest and/or from GNSO Council Nov 2023 Meeting Records.

1. Fundamental Bylaws Amendments to Articles 18 and 19 of the ICANN Bylaws

  • Council unanimously passed the motion to adopt the said Fundamental Bylaws Amendments.

2. EPDP on Internationalized Domain Names (EPDP on IDNs)

  • Council received a presentation on the Phase 1 Final Report of the EPDP on IDNs and after having a series of question answered, will move to vote on whether to adopt all the report's policy recommendations related to variant management at the top-level, at its next meeting.

3. Status of Data Processing Agreement (DPA) negotiations and Registration Data Accuracy

  • Council was informed that ICANN org and Contracted Parties' negotiations on a DPA has reached an agreement that would take the form of a specification that may be added to the Registry Agreement (RA) and Registrar Accreditation Agreement (RAA), and as such we refer to them as the ‘Data Processing Specification’ or ‘DPS'.
    • The DPA, or now the DPS, is meant to be the replacement for the Temporary Specification for gTLD Registration Data which established temporary requirements to allow ICANN and gTLD registry operators and registrars to continue to comply with existing ICANN contractual requirements and community-developed policies in light of the GDPR - General Data Protection Regulation requiring the redaction of certain registration data. 
  • Based on this, Council opted to wait for the draft DPS to be put out for public comment before considering the need for further action.

4.  ICANN Board Action on the Final Report of the Cross-Community Working Group on New gTLD Auction Proceeds (CCWG-AP)

  • Concerns remained among councilors over the ICANN Board's 26 Oct resolution, revisiting its 12 June 2022 decision on Recommendation 7 of the CCWG-AP and issuance of the Revised Scorecard - CCWG on Auction Proceeds Final Report Recommendations – Board Action ("Revised Scorecard"), which removes the requirement and dependency that a Fundamental Bylaws Amendment is required prior to the launch of the ICANN Grant Cycle. This is despite the Board indicating that the Bylaw amendment would nevertheless be pursued over time.
  • Council discussed the possibility of filing a Request for Reconsideration (RfR) on this Board decision but acknowledged that the time limit for filing RfR would be too short for Council to act on. 
  • Council was informed by IPC Councilor Damon Ashcraft that IPC is already working on filing such an RfR, to which Council indicated that it would consider supporting such an RfR after having reviewed the same.

Action by ALAC Liaison

    •  Relayed the ALAC's position on the Board approach to CCWG-AP Rec 7 per its 26 Oct resolution.

"Greg (DiBiase, GNSO Chair) had during ICANN78 asked me if the ALAC had a position on the Board's action on CCWG-AP Rec 7. The answer is the ALAC has no objections to the Board's approach for that Rec per their 26 Oct resolution. The key reason is that the ALAC would like to see the ICANN Grant Program proceed to launch without the Bylaw amendment being a dependency, noting that the intention to limit access to Accountability Mechanism is addressed alternatively and the Board is looking at a potentially more complete/permanent solution for post-Cycle 1 grants."

5. ICANN org outreach to European Network Information Security Agency (ENISA)

  • There was general consensus among councilors that it was not necessary for GNSO Council to, independently, intervene or further act on the communication from ICANN org to the ENISA Network and Information Systems Cooperation Group Work Stream for art.28 NIS2.
  • IPC also relayed that they did not support ICANN org's letter on account of it carrying a perception that it is misleading and not wholly factual, therefore recommending that GNSO Council not support the letter.

6. Holistic Review Revised Terms of Reference

  • Council is working on a comment to this Terms of Reference. 

7. Registration Data Request Service (RDRS) Standing Committee

  • Council was informed that Sebastien Ducos has indicated the willingness to continue as Chair of the Council SSAD Small Team which will transition to the RDRS Standing Committee. Barring any objections, this will be confirmed by was of consent agenda item in Council's Dec meeting. 


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