Draft Amendments to the review of the Review of All Rights Protection Mechanisms in all gTLDS Charter to integrate Rec 5 From IGO-INGO Access to Curative Rights Protection Mechanism Final Report
Small team to address Councilors' feedback (e.g., language about new recommendations superseding recommendations 1-4, ensuring technical expertise is available and team composition) and deliver a revised draft by 27 September for Council review. After Council approval, send to GAC/IGOs for their review.
Councilors to ensure that their respective SG/Cs are aware that they are able to provide input to ICANN Org by 25 October 2019 at the latest. To the extent the Council can agree on any unified feedback, Council to provide written input by 25 October as well.
Pam Little to share proposed edits from the RrSG with the Council.
Small group of Councilors to develop draft message to ICANN Org to provide input on legislative tracker. Based on feedback, Council leadership to consider scheduling follow up discussion at ICANN65.
ICANN Staff to follow up with GSE staff about input from GNSO Council on the legislative tracker (i.e., Global Engagement to take into account feedback, in particular, inclusion of rationale for including a piece of legislation on the legal / regulatory tracker.)
In accordance with terms of the CSC Effectiveness Review Template, the Chair of GNSO Council and the Chair of ccNSO Council are requested to recommend report to IANA Naming Function Review Team (IFRT) as soon as that is established.
The GNSO Council instructs the GNSO Secretariat to share the results of this motion with the CSC.
GNSO Chair to email Katrina Sataki to inform her of immediate next steps and willingness determine the best coordination method between the GNSO and ccNSO.
Once GNSO small team is able to gain an understanding of the scope of effort and potential vehicle for resolution, ICANN staff to schedule call to identify structure for coordination between the GNSO and ccNSO. GNSO and ccNSO to identify where coordination is and is NOT needed.
ICANN staff to reach out to Maarten Simon and Philippe Fouquart to determine if they are willing to lead action items above. (Both Maarten and Philippe are members of the scoping team)
ICANN staff to investigate format for JIG and see if it may be fit for purpose. (Upon review, this letter concerning the closure of the JIG was found. It will be discussed by the Council small team.)
ICANN Staff to ensure that GNSO liaison(s) are assigned to the IDN ccPDP, when the ccNSO initiates that effort
Council leadership to draft a note to the ccNSO on string similarity and IDNs (together or separate).
Regarding the JIG format, the small team is not ready to look at that yet. but it's on their radar.
IGO-INGO Access to Curative Rights Protection Mechanisms
Susan Kawaguchi and Heather Forrest to prepare report on the usage of the 3.7 Appeal Process contained in the GNSO Operating Procedure that is intended to capture the process used and lessons learned.
Small team to prepare draft RPMs charter amendments (which will likely include engagement with the IGOs/GAC afterwards) (Volunteers, Paul McGrady as lead, Martin Silva Valent, Elsa Saade, Keith Drazek)
Small team to take into account councilor feedback (e.g., language about new recommendations superseding recommendations 1-4, ensuring technical expertise is available) and complete revised draft to be sent to the GAC/IGOs for their review.
Staff preparing final draft for Heather and Susan's sign-off.
Once the Council receives the receipt for IFR membership confirmation, Council to consider how best to coordinate co-chair selection with ccNSO, which will be responsible for selecting the ccNSO co-chair.
Council to consider selection process by which a GNSO appointed member of the IANA Function Review (IFR) team will be selected to serve as the GNSO co-chair on the IFR as the ICANN Bylaws stipulate that “(d) The IFRT shall be led by two co-chairs: one appointed by the GNSO from one of the members appointed pursuant to clauses (c)-(f) of Section 18.7 and one appointed by the ccNSO from one of the members appointed pursuant to clauses (a)-(b) of Section 18.7” once the IFR membership has been confirmed.
Council to consider if they would like to provide a written response to ICANN Org, to be delivered by the end of September. Councilors to inform their respective SG/Cs of the timeline for providing input.
Council to, in consultation with the EPDP team, write communication to ICANN Board and seek to secure board support for Rec #12.
Councilors to reach out to their respective SG/Cs to help inform the drafting of the letter to the Board; seek to finalize by 29 July 2019. If the need arises, Council leadership to convene small team to help further develop the letter.
Councilors to work to complete the letter, which may include integrating elements such as: When the letter references that some Councilors having dissenting views, that the group holding those dissenting views are identified. Add clarity about the ask of the ICANN Board (e.g., confirm that the Board and Council have a common understanding).
Rafik Dammak to confirm when recommendation one, purpose 2 will be expected to be discussed by the EPDP phase 2
Staff to circulate call for volunteers to draft Charter amendments for Phase 2 of Review of All Rights Protection Mechanisms in All gTLDs, following completion of Council action on Charter Addendum concerning referral of IGO-INGO Curative Rights PDP Recommendation 5.
These actions are pending the Council's approval of a RPM Charter addendum to handle the Recommendation 5 referral via a separate work track. See below for an update on drafting work concerning this referral.
Inter-Registrar Transfer Policy (IRTP) Policy Status Report
Council to further consider next steps in relation to the review of the Transfer Policy (which could include the chartering of a narrowly focused EPDP) which would result in providing GDD information/response on expected next steps and/or seek additional information as the Council considers how to approach the Transfer Policy review, for example, holistically instead of piecemeal. The Council anticipates receiving input from the Registrars Stakeholder Group on the Review of the Transfer Policy as well as the request for the suspension of the contractual compliance enforcement of the FOA.
Rubens Kuhl, as Council liaison, to reach out to the IRT for the EPDP Phase 1 to have a conversation and gain a better understanding of how to address recommendation 24 and the Form of Authorization issue stemming from the Temporary Specification. Marked completed as it has been confirmed that the EPDP Phase 1 will not address the FOA issue beyond the changes that have been recommended by the EPDP Phase 1.
Council to convene a small focused drafting team (e.g., like the IDN Scoping Team) to review several items, including at least the review of the ICANN Policy Status Report, considering the possibility of policy development mechanisms, and the form of authorization (FOA) issues.
ICANN Staff to circulate call for volunteers to form small drafting team.
Request for Clarification on Data Accuracy and Phase-2 of the Expedited Policy Development Process (EPDP) on the Temporary Specification for gTLD Registration Data
Council leadership to draft response to ICANN org, acknowledging receipt of the letter, acknowledgment of the underlying issue, and committing to determine next steps as a Council.
ICANN staff to include an agenda item on the September Council meeting, inviting ICANN Org to speak on the impact of GDPR as well as the EPDP 1 recommendations on the enforcement and implementation of existing policies, procedures, and contractual provisions related to accuracy (including ARS).
Council to consider whether existing mechanisms provide for sufficient opportunity to conduct “emergency” consultations to allow for GNSO Chair to gather input on certain topics and/or decisions that need to be taken.
Council members to provide leadership team with feedback on leadership team’s performance & actions on a regular basis.
Current Council Chair (Heather Forrest) to provide report at the end of her term outlining main challenges / concerns / recommendations in fulfilling the role.
Council to consider whether Council leadership should have a contract / letter of appointment that would outline role, responsibilities and expectations.
Changes to GNSO Operating Procedures and related governance documents to facilitate participation in Empowered Community
Council leadership to reach out to SG/C leadership to notify them of the changes made to the GNSO Operating Procedures and the requirements for SG/Cs to develop supporting procedures and processes.
What does Council need/want to achieve in 2018, and how to do this?
Donna Austin to share comments on scheduling of cross-community discussions with the GNSO Council.
Staff to keep project timing planning document up to date and share it with the Council prior to every ICANN meeting to facilitate review and oversight of timelines. Explore whether there is a more dynamic way in which the document can be publicly shared.
Council leadership to reach out to leadership of Curative Rights and Reconvened WG on RCRC to see whether it is feasible to deliver Final Reports within 6-month timeframe.
Council leadership to notify ICANN Board with regards to PDPs that are expected to deliver to finalize their report shortly so that concerns or issues can be raised prior to GNSO Council consideration.
Council leadership to request update from GNSO-appointed members to RDS Review Team at upcoming GNSO Council meeting.
Council to explore mechanisms and tools for monitoring / reviewing costs related to PDP WGs with a view to improving efficiency and effectiveness
Council members to review framework for post-implementation reviews and provide input. Council leadership to add this to an upcoming Council meeting agenda to continue this discussion. Council to consider forming a small group of volunteers to work with staff on further developing the framework.
Council leadership team to send “thank you” note to Becky Burr for her presentation and James Bladel for his facilitation assistance.
What is the GNSO Council and what does it do?
Council to seek to map out timing elements for utilizing the nine powers held by the EC. Consider if and how an emergency community consultation mechanism can be integrated. (Note: the GNSO Bylaws Drafting Team is in the midst of addressing this item. Target for delivery date is post-ICANN65)
Council to go through examples/scenarios to see how the EC powers can be utilized. This should include going down into the SG/C level of detail. (see DT Timeline and Background Documents)
Role and responsibilities of GNSO more broadly
For the section 3.6 Speaking at Meetings of the GNSO Operating Procedures, Council to consider revising this section since it is not strictly enforced.
Council leadership and staff to consider documenting the internal operating procedures of the leadership team. Create a Chair/Vice-chair handbook, to help understand role and responsibilities.
Council leadership to make the Council meeting planning document public, to both help Councilors stay informed about upcoming topics, but to seek their input for meeting preparation.
Staff to investigate if the GNSO can serve as a Slack guinea pig in the already existing pilot effort within ICANN org. The use of Slack would be incumbent on a review of this platform first to understand how its threads would be archived and what level of access ICANN org would have to privileged or private communications between members. The GNSO Council will discuss whether document drafting can take place in Slack, but because the Council highly values transparency and accountability, the Council agreed that documents would need to be circulated on the archived email list to ensure that they are properly incorporated into the public record.
Council leadership to liaise with the Nominating Committee to understand from Appointees and Panelists, what works, what does not within the process, and better understand how the selection process takes place. Councilors to investigate how NCAs can be better informed; identify what communications they might not be receiving.
PDP 3.0 - General Discussion on three Improvements (#2, #5, & #13)
Staff to prepare a comparison table for the proposed Working Group models, which could include several factors: membership eligibility, operating procedures, decision-making, communicating decision-making, urgency/timing (e.g., prioritization). Consider creating pros/cons as well.
PDP 3.0 - Sub-group presentation and wrap-up
Small group of Councilors to continue work of the sub-groups to make specific PDP 3.0 implementation recommendations. Council to agree to working methods. (Action Item taken on board by the PDP 3.0 small team)
Role and responsibilities of Council Liaisons
Council to consider whether Consensus Policy Implementation Framework (CPIF) needs to be reevaluated as it relates to guidance for Council liaisons to IRTs, avoiding relitigation of policy issues, and escalation of issues (noting that the Policy & Implementation recommendations adopted in 2015 state that the recommendations, including the CPIF, should be evaluated after at most 5 years). (Action Item taken on board by the PDP 3.0 small team)
Council to consider options for enhancing the WG participation model, including terms for participation that members must agree to. (Action Item taken on board by the PDP 3.0 small team)
How to manage Council’s 2019 workload: strategies to increase effectiveness
Erika Mann to send note to Council upon the adoption of the new copyright law and the potential impact on GNSO policy work / DNS.
Council to form a small team to work on the definitions in the Project Timing Document in relation to definitions of priority and level of effort.
Staff to update Project Timing Document to try and incorporate suggestions from Councilors.
What does Council need/want to achieve in 2019, and how to do this?
As part of PDP 3.0, Council to establish PDPs Chair(s)/ liaisons communication / reporting timelines and requirements to Council.
Council to consider adding request for website upgrade to the Council comment to the FY20 budget.
Council to consider how to better understand the specific resourcing needs of PDP WGs (e.g., SCBO to meet with PDP leadership in August of every year).
Lunch with the Board
Council leadership to follow up on status of RPMs litigation threats.
Council leadership to get Council input on the Board initiatives for discussion in Kobe.
Wrap up and close of session
Staff to identify what are low-hanging fruit in the PDP 3.0 implementation plan. Prioritize/color-code. Identify dependencies (e.g., reporting is needed prior to evaluation).
Recurring: Small team of Councilors / Council leadership to report progress of PDP 3.0 at each Council meeting. Establish project plan for implementation for PDP 3.0. (Action Item taken on board by the PDP 3.0 small team)
In order to better prioritize work, need to know capacity of Council, community, staff, Staff to get existing information from Berry Cobb about average commitment and Council to see if that can be utilized, leveraged, and/or updated.
Reviewed prior version from 2017 and must be refreshed to be useful
Staff to check if ICANN legal has looked into the insurance for WG members question.
Other Council Related Action Items
Nominating Committee (NomCom) Review Implementation Planning Team (IPT).
Staff to advise how to provide input to the NomCom about GNSO NomCom appointees, also what the GNSO Operating Procedures say with respect to the NomCom appointee.