Motions 2023-09-21

Motion to adopt the recommendations of the Council Committee for Overseeing and Implementing Continuous Improvement in relation to the review of the GNSO Statement of Interest (SOI) requirements

Submitted by Manju Chen

Seconded by 

Whereas,

1. The CCOICI tasked the GNSO Statement of Interest (SOI) Task Force (TF) to address the following questions:

• Is the original objective of the SOI, as stated in the BGC WG Report, still valid? If not, why not and what should the current objective be?
• Based on the response to question 1), is the requested information to be provided as part of the SOI still fit for purpose? If not, why not, and what would need to be changed to make it fit for purpose?
• Are there any further measures that should be considered from an enforcement / escalation perspective, in addition or instead of those already included in the requirements?

2. The TF commenced its deliberations in February 2022, submitting the TF Recommendations Report to the CCOICI on 27 April 2023. As the TF was not able to achieve full consensus on one essential element of its recommendations, namely whether there should be an exemption for those prevented by professional ethical obligations to disclose who they are representing in a specific effort, it recommended the CCOICI take on responsibility for resolving this specific issue as all other recommendations had achieved full consensus.

3. The CCOICI took up this issue in May of 2023 and considered it in detail as outlined in Annex A of the CCOICI Recommendations Report. As the CCOICI was not able to resolve the different positions on the exemption language, the CCOICI agreed to revert to the current, existing exemption language in the SOI to allow the Council to consider all the other recommendations as outlined in section 2 and 3 of the CCOICI Recommendations Report. These recommendations achieved full consensus of the TF as well as the CCOICI.

4. The CCOICI submitted its Recommendations Report to the GNSO Council on 14 August 2023.

5. The GNSO Council considered the CCOICI Recommendations Report during its August 2023 meeting.

Resolved,

1. The GNSO Council adopts the recommendations as outlined in section #2 (SOI Recommendations) and #3 (Proposed Updates to the GNSO Operating Procedures), with the caveat that the proposed updates to the GNSO Operating Procedures will not be implemented until resolved #2 and #3 have been completed.
2. The GNSO Council requests that the GNSO Policy Development Support Staff develop a proposed implementation plan for these recommendations, recognising that exploring the technical options as well as the transition needs careful consideration.
3. The GNSO Council will consider the proposed implementation plan and as part of that consideration confirm when the proposed updates to the GNSO Operating Procedures are expected to take effect.
4. The GNSO Council thanks the members of the GNSO SOI TF as well as the CCOICI for its work.

Motion to adopt the Charter for a Registration Data Request Service (RDRS) Standing Committee to help inform the next steps on the SSAD policy recommendations

Submitted by Sebastien Ducos

Seconded by Osvaldo Novoa

Whereas,

1. On 24 September 2020, the Generic Names Supporting Organization Council (GNSO Council or Council) voted to approveall of the recommendations in its Final Report on the Expedited Policy Development Process on the Temporary Specification for gTLD Registration Data (EPDP) Phase 2.
2. On 25 March 2021, the ICANN Board directed the President and CEOin office at the time, or their designee(s), to proceed with the Operational Design Phase (ODP) for GNSO Council-approved recommendations 1-18 from the EPDP Phase 2 Final Report on the System for Standardized Access/Disclosure (SSAD).
3. On 25 January 2022, ICANN organization (ICANN org) published itsOperational Design Assessment (ODA) of the SSAD.
4. On 4 April 2022, the Phase 2 Expedited Policy Development Process on the Temporary Specification for gTLD Registration Data Small Team (Small Team), which the GNSO Council tasked to assess the ODA, delivered its Preliminary Reportto the GNSO Council, recommending a "proof of concept" approach.
5. The GNSO Council and the ICANN Board consulted regarding the next steps for the SSAD and the GNSO Council requested on 27 April 2022that the ICANN Board pause its consideration of the recommendations concerning the SSAD while work continues on a "proof of concept".
6. On 13 September 2022, ICANN org published a WHOIS Disclosure System (System)Design Paper based on the "proof of concept" approach outlined by the Small Team.
7. The GNSO Council informed the ICANN Board on 17 November 2022that the Council unanimously accepted the Addendum to the Preliminary Report (Addendum) prepared by the Small Team and supported the implementation of the System.
8. On 27 February 2023, the ICANN Board directed ICANN org to “proceed to develop and launch the System as soon as possible”. The ICANN Board also “directed ICANN org to continue to engage with the Phase 2 Small Team throughout the development and operation of the System, and ensure periodic publication of the collected usage data, once operational".
9. On 15 March 2023, GNSO Council instructed the small team to continue working with ICANN org on the implementation of the System as well as “provide the Council with a recommendation on the approach and format through which, following implementation of the system, data should be reviewed and analyzed to help inform subsequent decisions on how to proceed with the SSAD recommendations”.
10. On [date], the small team shared with the GNSO Council the proposed charter for a Registration Data Request Service (RDRS) Standing Committee to help inform the next steps on the SSAD policy recommendations.
11. The GNSO Council considered the proposed charter during its meeting on [date].

Resolved,

1. The GNSO Council adopts the Charter for the Registration Data Request Service (RDRS) Standing Committee to help inform the next steps on the SSAD policy recommendations [include link].
2. Prior to the launch of the RDRS Standing Committee, the GNSO Council will identify a Chair.
3. The GNSO Council requests the GNSO Secretariat to confirm with the existing EPDP Phase 2 small team members if they are willing to continue as members of the RDRS Standing Committee and/or identify any alternates that may take their place in case of absence. Similarly, the GNSO Secretariat will reach out to the existing ICANN Board liaison and ICANN org liaison to confirm their willingness to continue in their role on the Standing Committee. If not, a new liaison(s) will be requested to be identified.
4. The GNSO Council expects that the RDRS Standing Committee will become operational upon the moment of the public RDRS launch. Until that time, the EPDP Phase 2 small team is expected to continue its engagement with the ICANN org team, as necessary, in fulfillment of its assignment. Upon the public launch of RDRS, the EPDP Phase 2 small team will cease to exist. Any remaining activities at that point will transition to the RDRS Standing Committee.
5. The GNSO Council thanks the EPDP Phase 2 small team for its work to date and appreciates the willingness of its members to continue contributing to this important topic.

 

Approval of the GNSO Council’s Clarifying Statement Regarding Select Pending SubPro Recommendations

 Submitted by Greg DiBiase

Seconded by 

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. The GNSO Council’s small team benefited greatly from the open and frank dialogue with the co-leads of the Board’s Caucus on SubPro.
5. On 22 May 2023, the GNSO Council and ICANN Board discussed the expectation that for certain pending recommendations, a Clarifying Statement from the Council may be sufficient to mitigate the concerns preventing adoption of some of the pending recommendations.
6. At ICANN77, the GNSO Council and ICANN Board reached agreement on the specific set of pending recommendations that may be resolved via a Clarifying Statement from the Council.
7. The GNSO Council’s small team developed a draft Clarifying Statement that was discussed with the Council during its July meeting and was subsequently shared with the ICANN Board for their consideration of whether the Clarifying Statement does indeed address the Board’s concerns.
8. The GNSO Council took into account the feedback from the ICANN Board and finalized the Council’s first Clarifying Statement by removing the text in the Clarifying Statement relating to the enforceability of PICs and RVCs and holding this over to a future Clarifying Statement, pending further feedback from the ICANN Board.
9. The GNSO Council approved the first Clarifying Statement durings its August 2023 meeting.
10. The ICANN Board’s SubPro caucus shared feedback on the recommendations relating to the enforceability of PICs and RVCs with the Council’s SubPro Pending Recommendations small team; the small team subsequently finalized the Council’s second Clarifying Statement (add link when available).
11. As with the first Clarifying Statement, this second Clarifying Statement should also be read as complementary to the relevant pending recommendation(s) and should be considered jointly with the recommendations for the purposes of implementation. 

 

Resolved, 

1. The GNSO Council approves the second Clarifying Statement (add link when available) regarding select pending SubPro recommendations and stresses that the statement should be read as complementary to the relevant pending recommendation(s) and should be considered jointly with the recommendations for the purposes of implementation.
2. The GNSO Council requests that the GNSO Secretariat communicate resolved #1 to the ICANN Board and provide the Board with the Clarifying Statement.
3. The GNSO Council extends its thanks to the ICANN Board for its collegial, constructive, and pragmatic approach to addressing select pending recommendations and in particular, extends thanks to the co-leads of the Board’s Caucus on SubPro, Avri Doria and Becky Burr.