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Drafting Team (DT) to Further Develop Guidelines for the GNSO’s Roles and Obligations as a Decisional Participant in the Empowered Community

In Brief

Following the adoption by the GNSO Council of the revised GNSO Operating Procedures, as well as the proposed modifications to the ICANN Bylaws which were adopted by the ICANN Board of Directors on 13 May 2018, staff has outlined in the attached table the additional proposed steps to be taken to ensure preparedness as well as facilitate the ability for the GNSO Council to act in relation to the new roles and responsibilities outlined in the post-transition Bylaws.  

As previously agreed, staff has developed draft templates for motions or other actions as draft Google Documents at: https://drive.google.com/drive/folders/1OQUhdG25D-OWloCdab1DTs7t4Uob6-1o. These fall within the GNSO’s existing processes and procedures and track the requirements in the ICANN Bylaws - templates were deemed helpful to ensure all required information as outlined in the Bylaws is provided by those considering submitting motions or initiating other actions. Still to be drafted are guidance and/or principles for the GNSO to complete a particular action(s), as follow: 

• Article 4 (Accountability and Review): 4.3 Independent Review Process (IRP) for covered ICANN actions - initiating an IRP, representation and payment, and decision to make the claim for Council consideration
• Customer Standing Committee (CSC): Section 17.2 CSC composition, appointment, term and removal; and section 17.3 CSC Charter periodic review - process and timeline 
• Section 18.12 Special IANA Naming Function Reviews (IFRs) -- proposed process for revising the procedures and outcomes and a consultation process developed with the ccNSO on whether to initiate the IFR
• Participation in community forums: Section 1.3 approval action community forum and section 2.3 rejection action community forum – proposed process for input
• Section 2.2 petition process for specified actions – rules for submitting petitions and identify representative
• Recall / removal processes: Section 3.1 Nominating Committee Director removal process and section 3.3 Board recall process  -- representation, participation, and communication

These actions fall within the remit of the GNSO’s existing processes and procedures, but additional details and steps are deemed to be helpful to ensure preparedness for if/when these action are invoked.

What This Team Will Do

The Drafting Team will work with GNSO staff to develop proposed guidance for the GNSO to complete a particular action(s) that fall within the GNSO’s existing processes and procedures, but where additional details and steps are deemed to be helpful, relating to the GNSO’s participation as a Decision Participant in the Empowered Community.

The Drafting Team shall provide to the GNSO Council the proposed guidance, including any recommendations, if applicable, for changes to GNSO Operating Procedures to enable effective GNSO participation as a Decisional Participant, for its consideration. Any such new, or proposed modifications to existing procedures must be approved by the GNSO Council following the applicable process.

Members

Each GNSO Stakeholder Group and Constituency was asked to identify at least one volunteer to participate in this effort, according to their own process and procedures. Ideally, volunteers have an interest and can demonstrate reasonable knowledge of, or experience with, the GNSO Operating Procedures as well as the roles and responsibilities of Decisional Participants in the Empowered Community.  You will find the list of members here.  If you see that someone’s name has been omitted or added in error, please let us know as soon as possible. Thank you!

Background

On 27 May 2016 the ICANN Board adopted a set of new ICANN Bylaws, as revised on 26 May 2016, that aim to reflect changes needed to implement the IANA Stewardship Transition Proposal and such adoption is contingent on the proposed transition away of remaining United States Government oversight of ICANN.  Per the motion adopted on 30 June 2016, the GNSO sought volunteers for a Bylaws Implementation Drafting Team to provide the GNSO Council with recommendations

On the 24 October 2018, the GNSO Council voted in favour of the motion to terminate the Next-Generation gTLD Registration Directory Service (RDS) to replace WHOIS Policy Development Process.

• Read the GNSO Council Resolution to Terminate the Next-Generation RDS to replace WHOIS PDP
• Read the RDS PDP Termination Summary
  

Accordingly, no further RDS PDP WG meetings will be held, and this workspace reflects progress made prior to RDS PDP termination.

• Learn about the progress made by the RDS PDP through its final WG meeting at ICANN61
• Learn about the related Expedited PDP on the Temporary Specification for gTLD Registration Data

What is this about?

The Bylaws Implementation Drafting Team (DT) was created in part to provide the GNSO Council with a draft implementation plan for any necessary updates to the GNSO Operating Procedures, or possibly the Bylaws as they relate to the GNSO, arising as a result of the revised ICANN Bylaws that were adopted in May 2016. The Council requested that this DT submit the proposed implementation plan by 30 September (see http  The members of the original Drafting Team were: https://gnsocommunity.icann.org/endisplay/council/resolutions#20160630-2 for the full Council resolution), but later extended that timeline.  Following that initial task, the DT will now GBIDT/DT+Members+and+mailing+list. In addition, the GNSO Council requested that the Drafting Team should determine what (if any) existing GNSO processes can be used to address that any new or additional obligation, and if there are none, whether an existing process can be modified or if a new process needs to be created.

Why is this important?

The DT will, as directed Following the adoption by the GNSO Council , identify all the new or additional rights and responsibilities that the GNSO has under the revised Bylaws, including but not limited to participation of the GNSO within the Empowered Community, and to develop new or modified structures and procedures (as necessary) to fully implement these new or additional rights and responsibilities.

What is the current status of the project?

To assist in the DT’s initial work, staff prepared a table that was distributed to the GNSO Council and to the DT. Staff has continued to refine the table and to produce analysis concerning areas where changes may need to be made to the GNSO Operating Procedures or Bylaws. The initial staff table can be found on the GNSO website at https://gnso.icann.org/en/drafts/revised-bylaws-notes-comments-procedures-14jun16-en.pdf.

What are the Expected next steps?

The DT is considering possible updates to the GNSO Operating Procedures, or the Bylaws.

How can I get involved?

Follow the work of the DT during ICANN58 and subsequently at the links below.

Background

On 30 June 2016 the GNSO Council approved the creation of a DT that was to work with ICANN staff to “fully identify all the new or additional rights and responsibilities that the GNSO has under the revised Bylaws, including but not limited to participation of the GNSO within the Empowered Community, and to develop new or modified structures and procedures (as necessary) to fully implement these new or additional rights and responsibilities”.  In creating the DT, the GNSO Council requested that the DT provide the GNSO Council with an implementation plan “which will have the consensus of the Drafting Team, including any recommendations for needed further changes to ICANN Bylaws and/or GNSO Operating Procedures to enable effective GNSO participation in ICANN activities under the revised ICANN Bylaws, not later than 30 September 2016”.  After the GNSO Counci provided the DT with an extension, the DT submitted its Final Report to the GNSO Council on 12 October 2016 (https://gnso.icann.org/en/drafts/bylaws-drafting-team-final-report-12oct16-en.pdf), along with a Minority Statement (https://gnso.icann.org/en/drafts/bylaws-drafting-team-minority-report-10oct16-en.pdf). The GNSO Council accepted the report on 01 December 2016 (https://community.icann.org/display/gnsocouncilmeetings/Motions+1+December+2016).

Staff responsible: Julie Hedlund, Marika Konings, and Mary Wong

 
The following members have volunteered for the DT:
 
Representing the Registries SG: David Maher
Representing the Registrars SG: Darcy Southwell
Representing the Business Constituency: Steve DelBianco
Representing the IPC: Steve Metalitz
Representing the ISPCPC: Malcolm Hutty
Representing the NCSG: Farzaneh Badii, Amr Elsadr, Matthew Shears
NCA Nominee: Edward Morrisof the revised GNSO Operating Procedures resulting from the Drafting Team’s recommendations, as well as the proposed modifications to the ICANN Bylaws adopted by the ICANN Board of Directors on 13 May 2018, staff sought guidance from the GNSO Council as to how to proceed with the next steps relating to the attached table of the additional proposed steps to be taken to ensure preparedness as well as facilitate the ability for the GNSO Council to act in relation to the new roles and responsibilities outlined in the post-transition Bylaws. At ICANN63 in October 2018 the GNSO Council agreed that a Call for Volunteers should be issued to reconstitute the Drafting Team to develop guidance and principles for the GNSO to complete a particular action(s) that fall within the GNSO’s existing processes and procedures, but where additional details and steps are deemed to be helpful, relating to participation of the GNSO within the Empowered Community.