Confirmation of Appointment of Ashley Heineman as GNSO-appointed Co-Chair of the IANA Naming Function Review Team
Submitted by Greg DiBiase
Seconded by Tomslin Samme-Nlar
- Whereas, on 16 September 2018, the first IANA Naming Function Review (IFR) was convened by the ICANN Board, in compliance with Article 18 of the ICANN Bylaws, which states: "The Board, or an appropriate committee thereof, shall cause periodic and/or special reviews (each such review, an "IFR") of PTI's performance of the IANA naming function against the contractual requirements set forth in the IANA Naming Function Contract and the IANA Naming Function SOW to be carried out by an IANA Function Review Team ("IFRT") established in accordance with Article 18."
- Whereas, Section 18.8(d) of the ICANN Bylaws requires both the GNSO and ccNSO Councils to appoint co-chairs to the IFRT.
- Whereas, on 18 September 2023, Ashley Heineman, who was appointed by the Registrar Stakeholder Group pursuant to Section 18.7(c) of the Bylaws, volunteered to serve as the Co-Chair of the IFRT.
Resolved,
- The GNSO Council accepts Ashley Heineman’s appointment as the Co-Chair of the IANA Function Review Team and thanks her for her willingness to serve.
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 Osvaldo Novoa
Whereas,
- 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,
- 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.
- 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.
- 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.
- The GNSO Council thanks the members of the GNSO SOI TF as well as the CCOICI for its work.
Motion to Approve Fundamental Bylaws
Submitted by Greg DiBiase
Seconded by
Whereas, the ICANN Board convened the Second IANA Naming Function Review ("IFR") to satisfy the requirement under Section 18.2(b) of the ICANN Bylaws that "Periodic IFRs after the first Periodic IFR shall be convened no less frequently than every five years, measured from the date the previous IFRT for a Periodic IFR was convened."
Whereas, the Boardconvened the first IFR on 16 September 2018.
Whereas, the first IFRT provided its Final Report to the ICANN Board to the ICANN Board on 8 April 2021, and the Board accepted all recommendations in the Report on 12 May 2021. This includes Recommendation 3, to amend the IFR Bylaws at Article 18, Section 18.12 to remove a duplicative requirement.
Whereas, as part of a 2019 public comment forum on a previous IFR team composition issue resulting in a Bylaws change, the Registries Stakeholder Group (RySG) requested additional changes to the IFR team composition to account for difficulties in achieving geographic diversity among RySG appointees.
Whereas, Article 19 regarding the IANA Naming Function Separation Process is also appropriate to update (at Section 19.5) at this time, to (1) conform to the 2019 Bylaws amendments regarding ccNSO representative selection; and (2) address the same diversity considerations raised by the RySG in relation to Article 18.
Whereas, Articles 18 and 19 of the ICANN Bylaws are identified as "Fundamental Bylaws", requiring formal Empowered Community approval of amendments. Due to the significant procedural requirements for consideration of Fundamental Bylaws changes, and to reduce duplication of processes, all proposed amendments to Articles 18 and 19 are being presented together.
Whereas, a public comment forum on the Proposed Fundamental Bylaws was open from 9 March 2023 – 18 April 2023, and no comments were received in opposition to the proposed amendments. A commenter noted a need to update two additional references (at Section 18.8(d) and 19.6(a) to align with the updated numbering within the two composition sections. Those changes are not material and are appropriate for incorporation without further public comment.
Whereas, the ICANN Board's Organizational Effectiveness Committee (OEC) has recommended that the Board approve the Fundamental Bylaws Amendments to Article 18 as recommended within the Recommendation of the Final Report of the IFR, as well as additional proposed amendments to clarify the IFR processes and respond to the RySG request and the corresponding clauses within Articles 18 and 19.
Whereas, on 10 September 2023, the ICANN Board passed aresolution for the Approval of Amendments to IANA Naming Function Review Bylaws and provided these updates are “an essential step in furthering the implementation of the recommendations of the first IANA Naming Function Review (IFR) team, as Recommendation 3 of the IFR identified changes necessary to Article 18 of the ICANN Bylaws. As well as the additional proposed changes to Articles 18 and 19, which serve to: (1) addressing a 2019 request from the Registries Stakeholder Group on updating the geographic diversity selection requirements for future IFR teams; and (2) clarifying ambiguities on the IFR processes identified through the first running of an IFR after the IANA Stewardship Transition.”
Resolved, the GNSO Council hereby confirms the Fundamental Bylaws Amendments to Articles 18 and 19 of the ICANN Bylaws relating to IANA Naming Function Reviews and the IANA Naming Function Separation Process.
