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The Work Track has made steady progress in evaluating recommendation 5 and determining an appropriate policy path forward. According to the work plan, the Work Track is expected to deliver its Initial Report for public comment in early August, but due to the need to migrate the current Public Comment platform on the ICANN org website to a substantially new feature that will be compliant with the Information Transparency Initiative and its requirements, ICANN org needs to impose a moratorium on launching Public Comment proceedings between late July and end August. The Work Track has submitted a Policy Project Change Request in light of this external factor.

With the Work Track nearing a stage where it will be able to publish its Initial Report, notwithstanding the moratorium, it is timely to bring two questions to the Council for their consideration. The first question relates to the fact that the IGO Work Track was originally convened under the auspices of the then-ongoing Review of All Rights Protection Mechanisms (RPM) Policy Development Process (PDP) Working Group, which has since delivered its Final Report to the Council and subsequently approved; planning for Phase 2 of the RPM work is ongoing, which leaves the Work Track without a parent Working Group. The second question relates to the requirements imposed on the Work Track via the Addendum. The Work Track has kept Recommendation #5 (regarding IGO jurisdictional immunity) at the forefront in its work. However, it has concluded that a feasible and appropriate policy solution cannot be crafted simply by looking at that recommendation in isolation. Accordingly, the Work Track is seeking feedback to determine whether the approach and solution are in accordance with the limitations in the addendum. The Work Track leadership and staff have drafted a briefing document to support this agenda item.

Here, the Council will discuss the two questions and seek to reach agreement on answers/solutions.

7.1 – Update (Council leadership, John McElwaine, GNSO Council Liaison & Chris Disspain, Chair of the IGO WT)

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