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Consent Agenda

Motion for GNSO Council Adoption of the Review of ICANN79 GAC CommuniquéMotion to Approve Supplemental Recommendations for the Non-Adopted New gTLD Subsequent Procedures PDP Recommendations

Submitted by: Paul McGrady

Seconded by: Jennifer Chung

WHEREAS,

  1. The GNSO Council adopted the Final Report of the New gTLD Subsequent Procedures (SubPro) PDP on 18 February 2021.
  2. On 16 March 2023, the ICANN Board adopted the majority of the SubPro Outputs, as identified in Section A of the Scorecard, while designating a select set of recommendations as pending, identified in Section B of the Scorecard.
  3. The GNSO Council established a small team to carefully review the pending SubPro recommendations and identify the best path forward to seek to resolve the issues that were preventing Board adoption of the pending recommendations.
  4. On 21 September 2023, the GNSO Council resolved to approve a Clarifying Statement which was followed by the Council's approval of a second Clarifying Statement on 16 October 2023.
  5. On the basis of the two Clarifying Statements, the ICANN Board was able to adopt a majority of the pending SubPro recommendations on 10 September 2023 and 26 October 2023.
  6. In those same September (Board Statement) and October (Board Statement) resolutions, the Board also non-adopted a subset of recommendations pertaining to six topics (Topic 9: Registry Voluntary Commitments / Public Interest Commitments, Topic 17: Applicant Support, Topic 18: Terms & Conditions, Topic 22: Registrant Protections, Topic 24: String Similarity Evaluations, and Topic 32: Limited Challenge/Appeal Mechanism)
  7. The ICANN Bylaws foresee that in case of non-adoption, "the Council shall review the Board Statement for discussion with the Board as soon as feasible after the Council's receipt of the Board Statement".
  8. The GNSO Council and ICANN Board elected to discuss the Board Statement, as foreseen under the ICANN Bylaws, during their joint session at ICANN78.
  9. The GNSO Council convened a Small Team Plus, which included liaisons from the ICANN Board and participants from the GAC and ALAC, to seek to develop Supplemental Recommendations for the non-adopted recommendations.
  10. The Small Team Plus provided numerous updates to the GNSO Council as the Supplemental Recommendations were developed, to better ensure that the Council was aware of the expected outcomes from the Small Team Plus.
  11. During the Council’s February 2024 meeting, the Small Team Plus provided an update on the proposed language for all Supplemental Recommendations.
  12. The Small Team Plus held a prep-week webinar in advance of ICANN79 in order to also inform the broader community of the proposed language for all Supplemental Recommendations.
  13. During ICANN79, the Small Team Plus held a community consultation to gather feedback or suggestions on needed changes to any of the Supplemental Recommendations; no changes were identified.
  14. On 01 April 2024, the Small Team Plus shared the final Supplemental Recommendations and explanations for the Supplemental Recommendations with the GNSO Council which are connected to the following topics: Topic 9: Registry Voluntary Commitments / Public Interest Commitments, Topic 17: Applicant Support, Topic 18: Terms & Conditions, Topic 24: String Similarity Evaluations, and Topic 32: Limited Challenge/Appeal Mechanism.

RESOLVED,

  1. The GNSO Council approves the Supplemental Recommendations for the non-adopted SubPro recommendations and instructs the GNSO Secretariat to transmit the Supplemental Recommendations to the ICANN Board.

  Greg DiBiase 

Whereas,

  1. The Governmental Advisory Committee (GAC) advises the ICANN Board on issues of public policy, and especially where there may be an interaction between ICANN's activities or policies and national laws or international agreements. It usually does so as part of a Communiqué, which is published towards the end of every ICANN meeting.
  2. The Generic Names Supporting Organization (GNSO) is responsible for developing and recommending to the ICANN Board substantive policies relating to generic top-level domains.
  3. The GNSO Council has expressed a desire to provide feedback to the ICANN Board on issues in the GAC Communiqué as these relate to generic top-level domains to inform the ICANN Board as well as the broader community of past, present, or future gTLD policy activities that may directly or indirectly relate to Advice provided by the GAC.
  4. The GNSO Council's review of GAC Communiqué Advice and Issues of Importance is intended to further enhance the co-ordination and promote the sharing of information on gTLD related policy activities between the GAC, Board, and the GNSO.

Resolved,

  1. The GNSO Council adopts the GNSO Council Review of the ICANN79 San Juan, Puerto Rico Communiqué Advice (see https://gac.icann.org/contentMigrated/icann79-san-juan-communique) and requests that the GNSO Council Chair communicate the GNSO Council Review to the ICANN Board.
  2.     The GNSO Council requests that the GNSO Liaison to the GAC also informs the GAC of the communication between the GNSO Council and the ICANN Board.

 

Consent Agenda

  Motion to Approve Updates to Small Team Guidelines

Submitted by: Greg DiBiase 

Whereas,

  1. The GNSO Council held an open microphone session as part of its ICANN78 meeting on 25 October 2023.
  2. The GNSO Council received feedback regarding its use of small teams, specifically questioning the increased use and scope of small teams.
  3. From 29 November 2023 to 1 December 2023, the GNSO Council met in Washington, DC for its annual Strategic Planning Session.
  4. As part of its agenda for the 2023 Strategic Planning Session, the GNSO Council discussed the use of small teams as a valuable tool for the Council to both advance its work and enhance communications and engagement between the Board and the GNSO Council.
  5. The GNSO Council discussed the concerns raised regarding the use of Small Teams and agreed to the clarify the Small Team Guidelines to highlight the increased transparency of small team work and the oversight of the GNSO Council over small team work.
  6. The GNSO Council produced the following GNSO Council Strategic Planning Session Report to document the agreements made during the Strategic Planning Session.
  7. The GNSO agreed to the following outcome and associated action items during its Strategic Planning Session.
  • Outcome 10: In respect of small teams, Councilors present agreed that they remain an important tool and should be flexible and can be right-sized for a given effort.
  • Action Item 10.1: Staff to propose edits to the small team guidelines based on Council discussion.
  • Action Item 10.2: Councilors to leverage small team guidance document to cultivate better understanding of how small teams operate and to dispel misconceptions that may exist, and directly address concerns raised by their respective communities.

       8.The GNSO reviewed the updated Small Team Guidelines and agreed to the proposed changes, which were designed to address Community concerns.

Resolved,

  1. The GNSO Council adopts the updated Small Team Guidelines (see https://gnso.icann.org/sites/default/files/policy/2024/draft/updated-small-team-guidelines-05apr24.pdf).
  2. The GNSO Council requests ICANN org Policy Support Staff to post the updated guidelines to the GNSO site.

 

Consent Agenda

Motion to Confirm the Standing Predictability Implementation Review Team (SPIRT) Charter Drafting Team Leadership

Submitted by: Greg DiBiase 

Whereas,

  1. Given the unique and complicated nature of the Next Round New gTLD Program, the GNSO Council recommended a Standing Predictability Implementation Review Team (SPIRT) to be established to utilize the Predictability Framework, which is an output of the implementation effort for New gTLD Subsequent Procedures, as developed by ICANN org, in coordination with the Implementation Review Team (IRT).
  2. The SPIRT will be the body empowered to provide input to the GNSO Council, the ICANN Board, ICANN org, and the ICANN community on unforeseen issues arising for the Next Round of the New gTLD Program, after the approval by the ICANN Board of the Applicant Guidebook (AGB).
  3. The SPIRT Charter Drafting Team is expected to develop a draft charter for the SPIRT on how it should operate and utilize the Predictability Framework, following the Annex E guidelines as provided in the New gTLD Subsequent Procedures Final Report.
  4. On 22 January, 2024, the GNSO Council Leadership called for volunteers to serve on the SPIRT Charter Drafting Team.
  5. On 26 February, 2024, a Kick-off Meeting was held for the SPIRT Charter Drafting Team, including 10 members consisting of individuals, representatives from Stakeholder Groups (SGs) and Constituencies (Cs), and a GNSO Council liaison.
  6. During the Kick-off meeting, the leadership team was confirmed, which is submitted to the GNSO Council for confirmation by way of this motion:
  • Nitin Walia to serve as Chair
  • Alan Greenberg to serve as Vice-Chair

Resolved,

  1. The GNSO confirms the SPIRT Charter Drafting Team and leadership team:
  • Chair: Nitin Walia
  • Vice-Chair: Alan Greenberg
  • GNSO Council liaison: Anne Aikman-Scalese

      2.The GNSO Council requests the ICANN org support staff to inform the SPIRT Charter Drafting Team and leadership team has been confirmed.

      3.The GNSO Council thanks the members, Chair and Vice-Chair for volunteering to serve on the SPIRT Charter Drafting Team.


**DEFERRED to the May 2024 meeting ** Motion to Defer Request for Policy Status Report on Expiration Policies

...

  1. In October 2020, the GNSO Council considered the timing to request a Policy Status Report (PSR) to conduct a review of the two Expiration Policies, the Expired Domain Deletion Policy (EDDP) and the Expired Registration Recovery Policy (ERRP) and agreed to defer consideration for 24 months given concerns about capacity;
  2. In July 2022, the Council revisited the question of when to request a PSR and agreed that, prior to proceeding with a PSR or deferral, the GNSO Council should consult with registrars and ICANN Compliance to determine if there are any known issues or concerns with the two Expiration Policies that could warrant requesting a PSR;
  3. On 1 November 2022, ICANN org provided aa report on the Expiration Policies and presented the report to the GNSO Council during itsits November 2022 meeting;
  4. Following discussion of the ICANN org report, a small team of Councilors reviewed the report and the previous feedback from registrars and presented itsits recommendation to the GNSO Council during itsits March 2023 meeting;
  5. The GNSO Council agreed to the small team’s recommendation to request additional information from ICANN org regarding what expiration-related educational materials are currently published and whether additional information can be provided;
  6. On 14 February 2024, ICANN org delivered aa summary of the current educational materials on domain name renewal and expiration and presented it during the February 2024 meeting;
  7. Having considered (i) the input from the Registrar Stakeholder Group, who was asked to flag substantial issues with the policies that would warrant a near team request for policy status report and did not note any issues, (ii) thethe report from ICANN org, which noted confusion with key terms in the policy and registrant confusion with the auto-renew grace period and aftermarket activities, et.al., and (iii) thethe catalog of available educational resources on domain name expiration and renewal, the GNSO Council determined that the Expiration Policies present no urgent need for policy work, and, accordingly, the Council will revisit the timing for a PSR request in five years, or sooner if the Council is informed that further policy work is needed before the conclusion of five years.

...

  1. The GNSO Council adopts the motion to defer consideration of a Policy Status Report (PSR) for the Expedited Domain Deletion Policy (EDDP) and Expedited Registration Recovery Policy (ERRP) for five years, noting, however, that if the Council is informed that further policy work is needed before the conclusion of five years, the Council will reconsider the PSR request at that time.
  2. The GNSO Council leadership directs GNSO Policy Support Staff to notify ICANN org Global Domains & Services of the deferral of the PSR request on the Expiration Policies.

 

 

Motion to Approve Supplemental Recommendations for the Non-Adopted New gTLD Subsequent Procedures PDP Recommendations

Submitted by: Paul McGrady

Seconded by: Jennifer Chung

WHEREAS,

  1. The GNSO Council adopted the Final Report of the New gTLD Subsequent Procedures (SubPro) PDP on 18 February 2021.
  2. On 16 March 2023, the ICANN Board adopted the majority of the SubPro Outputs, as identified in Section A of the Scorecard, while designating a select set of recommendations as pending, identified in Section B of the Scorecard.
  3. The GNSO Council established a small team to carefully review the pending SubPro recommendations and identify the best path forward to seek to resolve the issues that were preventing Board adoption of the pending recommendations.
  4. On 21 September 2023, the GNSO Council resolved to approve a Clarifying Statement which was followed by the Council's approval of a second Clarifying Statement on 16 October 2023.
  5. On the basis of the two Clarifying Statements, the ICANN Board was able to adopt a majority of the pending SubPro recommendations on 10 September 2023 and 26 October 2023.
  6. In those same September (Board Statement) and October (Board Statement) resolutions, the Board also non-adopted a subset of recommendations pertaining to six topics (Topic 9: Registry Voluntary Commitments / Public Interest Commitments, Topic 17: Applicant Support, Topic 18: Terms & Conditions, Topic 22: Registrant Protections, Topic 24: String Similarity Evaluations, and Topic 32: Limited Challenge/Appeal Mechanism)
  7. The ICANN Bylaws foresee that in case of non-adoption, "the Council shall review the Board Statement for discussion with the Board as soon as feasible after the Council's receipt of the Board Statement".
  8. The GNSO Council and ICANN Board elected to discuss the Board Statement, as foreseen under the ICANN Bylaws, during their joint session at ICANN78.
  9. The GNSO Council convened a Small Team Plus, which included liaisons from the ICANN Board and participants from the GAC and ALAC, to seek to develop Supplemental Recommendations for the non-adopted recommendations.
  10. The Small Team Plus provided numerous updates to the GNSO Council as the Supplemental Recommendations were developed, to better ensure that the Council was aware of the expected outcomes from the Small Team Plus.
  11. During the Council’s February 2024 meeting, the Small Team Plus provided an update on the proposed language for all Supplemental Recommendations.
  12. The Small Team Plus held a prep-week webinar in advance of ICANN79 in order to also inform the broader community of the proposed language for all Supplemental Recommendations.
  13. During ICANN79, the Small Team Plus held a community consultation to gather feedback or suggestions on needed changes to any of the Supplemental Recommendations; no changes were identified.
  14. On 01 April 2024, the Small Team Plus shared the final Supplemental Recommendations and explanations for the Supplemental Recommendations with the GNSO Council which are connected to the following topics: Topic 9: Registry Voluntary Commitments / Public Interest Commitments, Topic 17: Applicant Support, Topic 18: Terms & Conditions, Topic 24: String Similarity Evaluations, and Topic 32: Limited Challenge/Appeal Mechanism.
  15. During the Council’s meeting on 18 April 2024, the Council elected to pursue further amendments to the Supplemental Recommendations related to Topic 24: String Similarity Evaluations, and accordingly, removed the relevant Supplemental Recommendations from consideration during its April meeting.


RESOLVED,

  1. The GNSO Council approves the Supplemental Recommendations for the non-adopted SubPro recommendations (regarding the following topics: Topic 9: Registry Voluntary Commitments / Public Interest Commitments, Topic 17: Applicant Support, Topic 18: Terms & Conditions, and Topic 32: Limited Challenge/Appeal Mechanism) and instructs the GNSO Secretariat to transmit the Supplemental Recommendations to the ICANN Board.