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Submitted by: Greg DiBiase

Seconded by: Sebastien Ducos

Whereas,

1. The Internet Corporation for Assigned Names and Numbers (ICANN) organization is seeking volunteers to participate in an Implementation Review Team (IRT) to assist in the implementation of the policy recommendations from the Phase 1work of the Policy Development Process (PDP) Working Group on the Review of All Rights Protection Mechanisms (RPMs) in All Generic Top-Level Domains (gTLDs).
2. The Consensus Policy Implementation Framework (CPIF) envisions that ICANN org Global Domains and Strategy (GDS) will seek a liaison to the IRT from the GNSO Council.
3. At its meeting on 20 October 2022 the GNSO Council called for volunteers for the liaison to the RPMs IRT and John McElwaine volunteered.

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     5. The small team reviewed the Whois Disclosure Design Paper and provided its feedback and recommendations on how to proceed to the GNSO Council on 7 November 2022 in the form of an addendum to its Preliminary Report.

     6. The GNSO Council, as the manager of the GNSO policy development process, reviewed and considered the addendum in light of the potential impacts on the SSAD.

     7. Although it is not the role of the GNSO Council to approve or not approve moving forward with operational proof of concepts, the Council is supportive of efforts such as this one that can provide additional data to the ICANN Board in deciding whether or not to approve the SSAD recommendations outlined in the EPDP Phase 2 Final Report.

RESOLVED,

1. The GNSO Council adopts accepts the EPDP Phase 2 small team findings and recommendations as outlined in the addendum.
2. The GNSO Council requests that the GNSO Secretariat transmits the addendum to the ICANN Board as the Council’s recommendations for how to proceed with the Whois Disclosure Design.
3. The GNSO Council confirms that pending the implementation and subsequent running of the Whois Disclosure System for a period of up to two (2) years, the SSAD recommendations should remain paused for consideration by the ICANN Board.
4. The GNSO Council thanks the EPDP Phase 2 small team for its work and requests it to remain available to continue work on this topic as part of the next steps in this process which aims to inform the further consideration of the SSAD recommendations by the ICANN Board.

Motion -  Registration Data Accuracy Scoping Team recommendations write up for assignment assignments #1 and #2 recommendations

Submitted by: Greg DiBiase

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1. The GNSO Council adopts recommendation #3 of the write up which recommends 1) pausing the work in relation to proposals that require access to registration data, 2) 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 3) requests 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.
2. The GNSO Council defers consideration of recommendations #1 and #2 until such time the DPA negotiations between ICANN org and Contracted Parties have completed and there is feedback from ICANN org on if/how it anticipates the requesting and processing of registration data to will be undertaken in the context of measuring accuracy, or for six months, whichever is the shorter.
3. Once this feedback the DPA negotiations are completed and the feedback referred to at paragraph 2 is received from ICANN org, the GNSO Council will review the formation and instructions to the Scoping Team to ensure these are still fit for purpose and request the Scoping Team to further consider potential proposals that require access to registration data as well as how these impact the existing recommendations #1 and #2 (e.g. should these still be considered by the GNSO Council for adoption, or in the context of proposals that require access to registration data these may no longer be relevant or a priority?). If, after 6 months from this resolution, the DPA negotiations are not completed and/or the required feedback referred to at paragraph 2 has not been provided by ICANN org, Council will discuss and determine whether or not to continue deferring the consideration of recommendations #1 and #2.
4. Taking into account the delay with which the write up was delivered, as well as some of the challenges that were shared with the Scoping Team’s Chair during his briefing to the Council, Council leadership will reach out informally to Scoping Team members to better understand the issues encountered to help inform the Council’s review of the formation and instructions.
5. Council leadership is requested to send a communication to ICANN org in relation to recommendation #3 (as well as Contracted Parties in relation to the DPA) as well as communicate the Council’s decision to non-GNSO groups participating in this effort (ALAC, GAC and SSAC) as well as the Scoping Team.
6. The GNSO Council thanks Michael Palage, outgoing Chair, and Olga Cavalli, outgoing Council liaison, for their efforts. As part of its review of the formation and instructions to the Scoping Team, the Council will consider next steps for finding new leadership for this effort.

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