Motions 2021-09-23

Adoption of the Expedited Policy Development Process (EPDP) on the Temporary Specification Phase 2A Final Report and Recommendations

 Submitted by Philippe Fouquar

Seconded by 

WHEREAS

1. On17 May 2018, the ICANN Board adopted the Temporary Specification for gTLD Registration Data (“Temporary Specification”) pursuant to the procedures in the Registry Agreement and Registrar Accreditation Agreement concerning the establishment of Temporary Policies;
2. Following the adoption of the Temporary Specification, and per the procedure for Temporary Policies as outlined in the Registry Agreement and Registrar Accreditation Agreement, a Consensus Policy development process as set forth in ICANN's Bylaws needs to be initiated immediately and completed within a one-year time period from the implementation effective date (25 May 2018) of the Temporary Specification;
3. The GNSO Council has had a number of discussions about next steps to clarify issues around scope, timing and expectations, including a meeting between the GNSO Stakeholder Group and Constituency Chairs on 21 May 2018, the Council meeting on 24 May 2018, a meeting between the ICANN Board and the GNSO Council on 5 June 2018and an extraordinary GNSO Council meeting on 12 June 2018;
4. Subsequently, the GNSO Council agreed to form a drafting team, consisting of Council leadership and interested Council members, to develop the EPDP Initiation Request and EPDP Team Charter. The drafting team submitted the proposed EPDP Initiation Request and EPDP Team Charter to the GNSO Council on 19 July 2018;
5. The GNSO Council approved the EPDP Initiation Request (https://gnso.icann.org/sites/default/files/file/field-file-attach/temp-spec-gtld-rd-epdp-initiation-request-19jul18-en.pdf) and the EPDP Team Charter (https://gnso.icann.org/sites/default/files/file/field-file-attach/temp-spec-gtld-rd-epdp-19jul18-en.pdf) on 19 July 2018;
6. The EPDP Team divided the work into two phases; Phase 1 completed with the adoption of the EPDP Phase 1 Final Report on 4 March 2019, at which point the GNSO Council indicated its non-objection, as required per the EPDP Team Charter, for the EPDP Team to commence work on a System for Standardized Access/Disclosure to Non-Public Registration Data (“SSAD”) as well as other topics identified in Phase 2 of the Charter and/or carried over from Phase 1 (priority 2 items);
7. The Phase 2 Final Report noted that “As a result of external dependencies and time constraints, this Final Report does not address all priority 2 items”. It furthermore noted that the EPDP Team would “consult with the GNSO Council on how to address the remaining priority 2 items”.
8. Following these consultations, the GNSO Council adopted on 21 October 2021 instructions for the EPDP Phase 2A to address the remaining priority 2 items, namely 1) differentiation between legal and natural person registration data, and 2) feasibility of unique contacts to have a uniform anonymized email address.
9. The EPDP Team commenced its deliberations on Phase 2A on 17 December 2020 (see https://community.icann.org/x/VojzC);
10. The EPDP has followed the prescribed EPDP steps as stated in the Bylaws, including the publication of an Initial Report for public comment (see https://www.icann.org/public-comments/epdp-phase-2a-initial-report-2021-06-03-en) on 3 June 2021, resulting in a Final Report delivered on 3 September 2021 with an updated version containing all minority statements submitted on [date];
11. All recommendations received the consensus support of the EPDP Phase 2A Team but the Chair’s statement indicated that “it's important to note that some groups felt that the work did not go as far as needed, or did not include sufficient detail, while other groups felt that certain recommendations were not appropriate or necessary”;
12. The GNSO Council has reviewed and discussed the Final Report and its recommendations.

 

RESOLVED

 

1. The GNSO Council adopts and recommends to the ICANN Board of Directors the adoption of the EPDP Phase 2A recommendations #1 – 4.
2. The GNSO Council requests ICANN org to convene an Implementation Review Team to work on the implementation of these recommendations. If it would be preferable to ICANN org as well as acceptable to the IRT, the GNSO Council has no objection if the existing EPDP Phase 1 Implementation Review Team would take on this task, recognizing that there may be a need to refresh membership as well as align the implementation with any work that may remain from the Phase 1 implementation. The Implementation Review Team will be tasked with assisting ICANN org in developing the implementation details for the EPDP recommendations, evaluating the proposed implementation of the recommendations as approved by the Board, and working with ICANN org to ensure that the resultant implementation conforms to the intent of the approved recommendations. The Implementation Review Team shall operate in accordance with the Implementation Review Team Principles and Guidance approved by the GNSO Council in June 2015.
3. The GNSO Council extends its sincere appreciation to the Chair, Keith Drazek, Vice Chair, Brian Beckham, EPDP Team members, alternates and support staff of the EPDP Team for their tireless efforts to deliver this Final Report.