Submitted via the ICANN72 Plenary Topics form on Friday 6 August 2021

1. Marita Moll - Moving Forward with the Global Public Interest Framework

Brief Description (max 250 words) *

The ICANN FY22 operating plans (community engagement and services) include the following activity: "Community to decide whether the proposed public interest framework can be used to demonstrate how specific recommendations, advice and public comments are in the global public interest". * At ICANN, the global public interest is tied to its mission and central to primary governance documents. The challenge has been in operationalizing this commitment. In 2019, the Board and the community began a discussion on developing a tool designed to formally incorporate the public interest into Board decision making.

In the interests of addressing the activity proposed in the plan, this session will provide more information and seek feedback about the public interest framework and how it is evolving It would also consider how such a tool should be used by the community in their activities/initiatives to further ICANN's mission. What has changed since the last public update on this in ICANN66?

*https://www.icann.org/en/system/files/files/draft-op-financial-fy22-26-opplan-fy22-2020-en.pdf . p.280

Moderator: Marita Moll (ALAC)

Suggested speakers: Avri Doria -- Board shepherd for an update on the current status of the framework: what is it; how does it work; how can communities participate

Participants from At Large and other constituencies: will this framework assist your community in its deliberations; do you see any drawbacks?

Rationale/Desired Outcomes*

An valuable opportunity for a public community discussion on the public interest framework; a discussion that would inform the Board as per the activity proposed in the FY22 operational plans

Session Format *

Public interest framework to be introduced and explained by Board shepherd Avri Doria. Subsequent discussion, comments and suggestions from representatives of ICANN constituencies.

Session Leaders/Facilitators*

Marita Moll (ALAC)

Avri Doria

At-Large
a selection of representatives from other constituencies that express an interest in participating

Community Interest *

high level of interest anticipated as this relates to the Board decision making processes and thus affects everyone. Constituencies will want to be well informed and the Board is asking for feedback

2.  Sébastien Bachollet - ICANN Accountability and Transparency and the ICANN Reviews 


Brief Description (max 250 words) *

This proposal aims to both explore the ATRT3 recommendations regarding Reviews and the Board approval of the ATRT3 Final Report as well as expand the understanding of the perspectives of all ICANN Constituencies on the implementation of the recommendations.

The ATRT3 Final Report included a recommendation for changes to Specific and Organizational Reviews, including creation of a new Holistic Review of ICANN, and evolution of Organizational Reviews into Continuous Improvement Programs.

While all Review will be discussed. a primary focus of the session will be placed on discussion of the Holistic Review, including discussion of timing, organization, budget and other actions to support its implementation.

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Rationale/Desired Outcomes *

The rationale of this plenary proposal is to increase the knowledge and understanding across ICANN of the ATRT3 recommendations on Reviews, specifically the Holistic Review, and their implementation from the perspectives of all ICANN Constituencies, Board and Org.

The desired outcome is for the ICANN Board, Org and all Constituencies to gain a better understanding of the views of the community on the next steps regarding the implementation of the Holistic Review.

Session Format *

Two connected sessions are envisioned:
1. Webinar
A webinar during prep week which will include a video explaining ATRT3 recommendations and Board proposals. The video will include three minute updates by the ATRT3 co-chairs and 1 or 2 Board members. Open discussion will follow. The session will end with one or two questions to be explored during the ICANN72 Plenary Session.
2. Plenary session
Part 1 - 1 hour
Introduction (5’ in total)
Introduction by the ATRT3 co-chairs and Board members
A flash pitch tour (tour de table) of the point of view of each Constituency (3 mins for each speaker)
ASO 1
ccNSO 1
RSSAC 1
SSAC 1
gNSO 4 SG + 1 Chair
GAC 1
At-Large ALAC 1 + RALO 4
Part 2 - Plenary session - Part 2 - 1 hour
Discussion with the participants
- One room or multiple rooms (by region, by language or by topic?)
- With Visio and Chat or With tools like Jamboard, if possible.
Concluding remarks by the CEO

Session Leaders/Facilitators *

Session leader - Sébastien Bachollet, EURALO Chair
Session facilitators - Sébastien Bachollet and Marita Moll, ALAC Member from NARALO

Community Interest *

Given the critical importance of the ATRT3 and specifically to the proposed enhancement of the Reviews to all members of the community, it is expected that there will be significant community interest in this topic.

 3. Joanna Kulesza - Tackling DNS Abuse 

Brief Description (max 250 words) *

This proposal aims to bridge the widening gap between policy development around activity considered abusive to the Domain Name System (DNS Abuse) and relevant legal and policy measures. With the overall goal of breaking the silos, it brings together technical community, governments and business from around the globe to offer different perspectives on DNS Abuse and platform liability. Looking at automated content moderation within platforms, is asks the questions of recommendable policy solutions to best address end user needs and concerns.

Rationale/Desired Outcomes *

1) The overall outcome of this session is to bridge the siloed discussion on platform regulation and DNS Abuse. The fine line between technical management of key internet resources, such as DNS and content regulation, particularly aimed at protecting individual end users interests such as privacy or freedom of expression lie at the core of this panel.
2) The debate will welcome input from policy makers, civil society and business trying to identify similarities and divergences between content moderation and technical day to day operation of "Internet's core", including but not limited to key internet identifiers.
3) Engaging a dialogue to better understand end user needs and expectations will support the development of relevant and well measured policy tools to attend to the current challenges and threats. These range from online fraud, through privacy concerns, all the way to hate speech and freedom of political speech.

Session Format *

Panel discussion

Session Leaders/Facilitators *

Joanna Kulesza (ALAC) moderator,
SO/AC reps (tbc)
Optionally:
Elizabeth Behsudi; Director, Domains & Jurisdiction Program (tbc)
Brian Cimbolic, Public Interest Registry (tbc)
Graeme Bunton, DNS Abuse Institute (tbc)

Community Interest *

Cross-sectoral

4. Jonathan Zuck - Closed Generics 

Unfinished business: Closed Generics

What will happen with Closed Generics in subsequent rounds, where the 2012 Guidebook allowed for them, but the GAC advised against them, and there is currently no policy* in place?

 

While nearly all of the 300+ Outputs in the Final Report were approved by the GNSO Council, there are three exceptions that were NOT approved (i.e., Topic 23 in its entirety and recommendations 35.2 and 35.4 from Topic 35).

  • The single Output under Topic 23: Closed Generics, the Working Group was unable to reach Consensus in recommending an alternate course of action.
  • Closed Generics designation as “No Agreement” properly represents the outcome of the WG discussion. Unfortunately, the WG failed to develop a policy going forward for Closed Generics. There was no agreement within the WG on what the default for closed generic applications would be if we failed to recommend a policy. The 2012 AGB allowed for closed generics, but the 2012 implementation did not. 
  • The 2012 AGB allowed for closed generics. Following the application period, the GAC issued advice that stated closed generics only be allowed to proceed if they were in the public interest. Applicants changed their designations from “closed” to “open” in order to move their applications through the process rather than get tied up in debates over how to define or prove public interest. 

 

The Board Public Comment period focused on all Outputs approved by the GNSO Council, rather than the Outputs that were not approved.  Following the Public Comment proceeding and operational assessment, the ICANN Board is expected to take action on the approved policy recommendations.

 

This begs the question, how will the closed generics issue be resolved? Should a focused PDP tackle the issue? Is the ODP going to consider how to handle closed generics? Is the ICANN Board finding some middle ground?

 

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