Draft GNSO Council Agenda 21 December 2023
Please note that all documents referenced in the agenda have been gathered on a Wiki page for convenience and easier access: https://community.icann.org/x/g4JME
This agenda was established according to the GNSO Operating Procedures v3.5, updated on 15 March 2023.
For convenience:
- An excerpt of the ICANN Bylaws defining the voting thresholds is provided in Appendix 1 at the end of this agenda.
- An excerpt from the Council Operating Procedures defining the absentee voting procedures is provided in Appendix 2 at the end of this agenda.
GNSO Council meeting on Thursday, 21 December 2023 at 13:00 UTC: https://tinyurl.com/yuau3nvd
05:00 Los Angeles; 08:00 Washington DC; 13:00 London; 14:00 Paris; 16:00 Moscow; 00:00 Melbourne (Friday)
GNSO Council Meeting Remote Participation: https://icann.zoom.us/j/97891627902?pwd=RURCTitiNEVwd2UySEk1QkRESmlFZz09
Councilors should notify the GNSO Secretariat in advance if they will not be able to attend and/or need a dial out call.
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Item 1: Administrative Matters (5 minutes)
1.1 - Roll Call
1.2 - Updates to Statements of Interest
1.3 - Review / Amend Agenda
1.4 - Note the status of minutes for the previous Council meetings per the GNSO Operating Procedures:
Minutes of the GNSO Council Meeting Part 1 and Part 2 on 25 October 2023 were posted on 10 November 2023.
Minutes of the GNSO Council Meeting on 16 November 2023 were posted on 01 December 2023.
Item 2: Opening Remarks / Review of Projects & Action List (0 minutes)
2.1 - Review focus areas and provide updates on specific key themes / topics, to include review of Projects List and Action Item List.
Item 3: Consent Agenda (5 minutes)
- Confirmation of Sebastien Ducos as Chair of RDRS Standing Committee
- GNSO Review of GAC Communiqué
Item 4: COUNCIL VOTE - EPDP on Internationalized Domain Names Phase 1 Final Report (15 minutes)
On 20 May 2021, the GNSO Council approved the initiation request for the EPDP on Internationalized Domain Names (IDNs) and adopted its charter. The EPDP Team is expected to:
- Determine the approach for a consistent definition of all gTLDs; and
- Develop policy recommendations that will eventually allow for the introduction of variant gTLDs at the top level.
The EPDP Team’s charter includes 48 questions under seven broader topics, ranging from the “same entity” requirement at the top and second levels, to adjustments to ICANN policies and procedures as they relate to IDNs. The EPDP Team has been conducting its deliberations by building on the existing body of policy work, research, and analysis on the IDNs, specifically the Outputs produced by the GNSO New gTLD Subsequent Procedures PDP.
In November 2022, the GNSO Council approved the project change request from the EPDP Team. Within its Project Change Request, the EPDP Team noted it plans to complete its work in two phases; Phase 1 focuses on topics related to top-level IDN gTLD definition and variant management, and Phase 2 focuses on topics related to second level IDN variant management. The EPDP Team believes that this two-phased approach will help prioritize the current implementation planning for the PDP Outputs that are focused primarily on the top level.
On 24 April 2023, the EPDP Team published its Phase 1 Initial Report, which contains 68 recommendations for Public Comment. The Working Group reviewed the public comments, adjusted its report in light of the comments received, and the Final Report has received the full consensus of the Working Group.
During its 16 November meeting, the GNSO Council received a briefing on the Final Report from Donna Austin, the EPDP Chair.
Here, the Council will vote on the EPDP on IDNs Phase 1 Final Report.
4.1 - Presentation of Motion (Manju Chen, GNSO Council liaison to the EPDP)
4.2 - Council Discussion
4.3 - Council Vote (voting threshold: Supermajority)
Item 5: COUNCIL VOTE - GNSO Guidance Process (“GGP”) for Applicant Support Guidance Recommendation Final Report (20 minutes)
During its meeting on 25 August 2022, the GNSO Council approved the GGP Initiation Request to perform work on Applicant Support. The working group was subsequently formed and began its work in November 2022. The working group later developed a work plan and timeline, which was confirmed by the GNSO Council. The working group published its Guidance Recommendation Initial Report for Public Comment on 31 July 2023.
The working group reviewed all public comments using a Public Comment Review Tool and deliberated as appropriate to properly evaluate and address comments received during the public comment period. This included the careful consideration and analysis of the public comments, explaining the rationale for agreeing and disagreeing with the different comments received, and, if appropriate, how these were addressed in the Guidance Recommendation Final Report. Following review of the comments received, the working group updated its recommendations and sent its Final Report to the GNSO Council on Monday, 11 December.
5.1 - Introduction of Topic and Presentation of Motion (Paul McGrady, GNSO Council Liaison to the GGP)- Slide Presentation
5.2 - Council Discussion
5.3 - Council Vote (voting threshold: Supermajority)
Item 6: COUNCIL DISCUSSION - SubPro Small Team Update on Non-Adopted Recommendations (20 minutes)
During its informal session at ICANN76 and the subsequent Council meeting, the Council discussed and agreed to task a small team of interested councilors to review the recommendations that the Board placed in a pending status and suggest to the full Council how the underlying concerns that caused the pending status can be best addressed (i.e., a limited triage exercise).
Since ICANN76, the Council SubPro Small Team has met several times and has completed a comprehensive review of the issues chart, with Board member input on why the Board placed specific recommendations into a pending status. The Council discussed the main output of that triage effort, the proposed paths forward for each pending recommendation, during an Extraordinary Meeting on 4 May. During that meeting, the Council agreed to further task the small team with taking interim steps (e.g., provision of clarifying information, developing speaking points) in order to support the Council’s dialogue with the ICANN Board on 22 May. The Council debriefed after the dialogue with the ICANN Board and discussed next steps.
During the ICANN77 Day 0 Session, the Council heard from the members of the Board regarding the Board’s views on potential “landing spots” on the pending recommendations. For the pending recommendations, the Council finalized its second Clarifying Statement (recommendations in relation to the enforceability of PICs/RVCs) and adopted it via an email vote.
As the triage exercise is now complete, the Council adopted the Small Team’s updated assignment form with a work plan to address the recommendations not adopted by the Board. Following that plan, the Small Team initiated first steps (i.e., developed background materials, preliminary Supplemental Recommendation language, and issued a call for volunteers for the Small Team Plus). The Small Team Plus has begun developing Supplemental Recommendation language, beginning with Recommendation 17.2, Applicant Support, according to the above-mentioned work plan.
Here, the Council will receive an update on the work of the Small Team Plus.
6.1 - Introduction of Topic (Paul McGrady, Small Team Plus Lead)
6.2 - Council Discussion
6.3 - Next Steps
Item 7: COUNCIL DISCUSSION - EPDP on Temporary Specification Phase 1 Urgent Requests (20 minutes)
On 18 May 2019, the ICANN Board adopted the Temporary Specification for gTLD Registration Data to enable contracted parties to continue to comply with existing ICANN contractual requirements and community-developed policies as they relate to registration directory services. The GNSO Council initiated a one-year policy development process to confirm whether or not the Temporary Specification should become a consensus policy, and whether it provided an enduring framework for complying with the European Union’s General Data Protection Regulation (GDPR).
The EPDP Team sent its Phase 1 Final Report to the GNSO Council on 20 February 2019, and the GNSO Council voted to approve the Final Report on 4 March 2019. The Board subsequently adopted the Phase 1 Final Report on 15 May 2019, with the exception of Recommendation 1, Purpose 2, and Recommendation 12, which the Board did not adopt in full. The Board directed the ICANN President and CEO or their designee(s) to implement the policy recommendations.
ICANN org convened an Implementation Review Team, which began meeting in May 2019. ICANN org published the draft Registration Data Policy for public comment on 24 August 2022. Several commenters expressed dissatisfaction with the implementation of Recommendation 18, specifically around the issue of the response timeline for urgent requests. The relevant portion of Recommendation 18 reads, “A separate timeline of [less than X business days] will considered for the response to ‘Urgent’ Reasonable Disclosure Requests, those Requests for which evidence is supplied to show an immediate need for disclosure [time frame to be finalized and criteria set for Urgent requests during implementation].”
Following the public comment period and subsequent discussion by the Implementation Review Team, the Governmental Advisory Committee (GAC) wrote to the Board about the topic of urgent requests on 23 August 2023. The Registrar Stakeholder Group wrote to the Board on 8 September 2023 in response to the GAC’s letter.
Following the receipt of these letters and further communication amongst Board members, the Board would like to discuss urgent requests and its related concerns with the GNSO Council.
7.1 – Introduction of Topic (Greg DiBiase, GNSO Council Chair)
7.2 – Council discussion
7.3 - Next Steps
Item 8: COUNCIL DISCUSSION - Request for Reconsideration from Intellectual Property Constituency (15 minutes)
On 22 November 2023, the Intellectual Property Constituency (IPC) filed a Request for Reconsideration of the ICANN Board Resolutions 2023.10.26.11 and 2023.10.26.122, regarding (i) the actions and inactions that led to (a) the ICANN Board’s public comment of 6 December 2018 on the Initial Report of the Cross-Community Working Group on New gTLD Auction Proceeds (CCWG-AP), (b) the organization of the public comment phase on the Proposed Final Report of the New gTLD Auction Proceeds Cross Community Working Group, (c) the ICANN Board Resolutions 2022.06.12.13 to 2022.06.12.16 , and (ii) the actions and inactions involving the implementation of the ICANN Grant Giving Program.
Here, the Council will hear an update on the Request for Consideration and discuss.
8.1 - Introduction of Topic (Damon Ashcroft and Susan Payne, GNSO Councilors for the IPC)
8.2 - Council Discussion
8.3 - Next Steps
Item 9: COUNCIL DISCUSSION - Update on Key Outcomes and Action Items Coming out of GNSO Council Strategic Planning Session (10 minutes)
The GNSO Council held its annual Strategic Planning Session (SPS) in Washington, D.C. from 29 November - 1 December 2023. Over the course of the three days, the Council identified a number of key outcomes and associated action items. From the previous SPS, the Council built in more review and checkpoint mechanisms to ensure that there was proper follow through in executing the identified action items. This was determined to be a good practice and, accordingly, is included as a Council discussion item shortly following the SPS to ensure continued progress.
Here, the Council will review the key outcomes and action items identified during the SPS, as well as discuss a more detailed action plan to ensure progress.
9.1 - Introduction of Topic (Greg DiBiase, GNSO Council Chair)
9.2 - Council Discussion
9.3 - Next Steps
Item 10: ANY OTHER BUSINESS (10 minutes)
10.1 ccNSO & GAC Liaison updates
10.2 Update on Diacritic Study Request
10.3 Community Consultation on Public Interest Commitments/Registry Voluntary Commitments - Council response needed?
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Appendix 1: GNSO Council Voting Thresholds (ICANN Bylaws, Article 11, Section 11.3(i))
See https://www.icann.org/resources/pages/governance/bylaws-en/#article11.
Appendix 2: GNSO Council Absentee Voting Procedures (GNSO Operating Procedures, Section 4.4)
See https://gnso.icann.org/sites/default/files/file/field-file-attach/op-procedures-15mar23-en.pdf
References for Coordinated Universal Time of 13:00 UTC
Local time between November and March in the NORTHERN hemisphere
See https://www.timeanddate.com/time/change/ for Dates for Daylight Saving Time and Clock Changes
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California, USA (PST) UTC-8 05:00
San José, Costa Rica (CST) UTC-6 07:00
New York/Washington DC, USA (EST) UTC-4 08:00
Buenos Aires, Argentina (ART) UTC-3 10:00
Kinshasa, Democratic Republic of Congo (WAT) UTC+1 14:00
Paris, France (CET) UTC+1 14:00
Moscow, Russia (MSK) UTC+3 16:00
Singapore (SGT) UTC+8 21:00
Melbourne, Australia (AEDT) UTC+11 00:00
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For other places see http://www.timeanddate.com and https://tinyurl.com/yuau3nvd
