Motions 2022-11-17

Motion - DNS Abuse Small Team Report

Submitted by: Mark Datysgeld

Seconded by: 

WHEREAS,

1. The GNSO Council recognizes that the topic of DNS abuse is a longstanding topic and the GNSO has undertaken a variety of activities on this topic in the past, including considering which aspects of the subject of registration abuse are within ICANN's mission to address and in particular, which are appropriate for ICANN to establish policies that are binding on gTLD registry operators and ICANN-accredited registrars[1].
2. In February 2022, the GNSO Council tasked a small team consisting of Council members to consider what policy efforts, if any, the GNSO Council should consider undertaking to support the efforts already underway in the different parts of the community to tackle DNS abuse.
3. As part of its deliberations, the small team reached out to all GNSO Stakeholder Groups and Constituencies, as well as the At-Large Advisory Committee (ALAC), the Governmental Advisory Committee (GAC), the Security and Stability Advisory Committee (SSAC) and the DNS Abuse Institute asking for input on what problem(s) policy development specifically is needed to mitigate, if any, as well as the expected outcomes if policy development would be undertaken.
4. In considering the external input received, the small team realized that the suggestions provided can generally be allocated to one or more of the following three buckets:
   1. Issues that may benefit from education / communication / outreach;
   2. Issues that may benefit from contractual negotiations between ICANN org and Contracted Parties; and,
   3. Issues that may benefit from GNSO policy development.
5. The small team delivered its report, containing 4 recommendations, to the GNSO Council on 10 October.
6. The GNSO Council received a briefing on the report and its recommendations during its October Council meeting.

RESOLVED,

1. The GNSO Council accepts the recommendations as outlined in the DNS Abuse Small Team report and requests that the leadership of the small team works with Council leadership on developing the respective communications as foreseen under recommendations #2, #3 and #4.
2. In relation to recommendation #1, the Council commits to considering requesting the development of a Preliminary Issue Report on the topic of malicious registrations after the outreach and communication as foreseen under recommendations #2, #3 and #4 have taken place and the Council has had an opportunity to consider the progress made from efforts related to that outreach. If the Council determines that a Preliminary Issue Report is needed, it must be undertaken in a way that avoids overlap and/or duplication of efforts.
3. The GNSO Council thanks the small team for its efforts, as well as the community groups that contributed to it.

[1] Some past work includes:

• Registration Abuse Policies WG Final Report from 2010: https://gnso.icann.org/issues/rap/rap-wg-final-report-29may10-en.pdf (some, but not all recommendations adopted)
• Staff best practices discussion paper from 2011: https://gnso.icann.org/sites/default/files/filefield_26745/discussion-paper-rap-best-practices-28sep11-en.pdf
• Uniformity of Contracts to Address Registration Abuse Final Issue Report 2012: https://gnso.icann.org/en/issues/registration-abuse/uofc-final-issue-report-20sep12-en.pdf(Final Issue Report, but not sufficient support to initiate a PDP at the time)

Motion - Registration Data Accuracy Scoping Team recommendations for assignment #1 and #2

Submitted by: Greg DiBiase

Seconded by: 

WHEREAS,

1. The GNSO Council adopted a proposalon 21 October 2020 which recommended that a Scoping Team addresses the effects of GDPR on Registration Data accuracy requirements and the Whois Accuracy Reporting System (ARS), stating, "a scoping team would be tasked to, 'facilitate community understanding of the issue; assist in scoping and defining the issue; gather support for the request of an Issue Report, and/or; serve as a means to gather additional data and/or information before a request [for an Issue Report] is submitted'.
2. On 4 November 2020, GNSO SG/Cs as well as ICANN SO/ACs were informed of the Council's intent to form a Registration Data Accuracy Scoping Team and were requested to indicate if they would be interested in sending representatives to this effort.
3. At the same time, the GNSO Council also requested that ICANN org develop a briefing document that outlines both (i) existing accuracy requirements and programs and (ii) the corresponding impact that GDPR has had on implementing / enforcing these requirements and programs. This briefing paperwas delivered to the Council in February 2021.
4. Following the Council discussion of the ICANN org briefing paper in April 2021, Council leadership put together a first proposal outlining possible instructions to the Registration Data Accuracy Scoping Team.
5. As a result of input that was provided by different Council members on the first proposal, the Council decided at its May 2021 meeting to form a small team to further review and revise the instructions to the scoping team.
6. The small team, consisting of one Council member from each GNSO Stakeholder Group or Constituency, two NomCom appointed Council members and the GNSO Liaison to the GAC (as an observer), submitted its recommendations in relation to the formation as well as the instructions for the Registration Data Accuracy Scoping Team to the Council on9 July 2021 for Council's consideration.
7. The GNSO Council confirmed the formation of the Registration Data Accuracy Scoping Team and its instructions during its meeting on 22 July 2021.
8. The GNSO Council confirmed the Chair for the Scoping Team during its meeting on 23 September 2021.
9. The Scoping Team started its deliberations on 5 October 2022 focusing its efforts on assignments #1 (enforcement and reporting) and #2 (measurement of accuracy).
10. The Scoping Team delivered its write up for assignments #1 and #2 to the GNSO Council on 5 September 2022.
11. The GNSO Council was briefed on the write up and its recommendations during the Council meeting at ICANN75 and continued its deliberations during its October Council meeting.

RESOLVED,

1. The GNSO Council adopts recommendation #3 of the write up which recommends 1) pausing the work in relation to proposals that require access to registration data, 2) encouraging ICANN org to proceed with their outreach to the EDPB as well as the Data Protection Impact Assessment in connection with the scenario(s) in which the request and processing of registration data takes place as a matter of urgency, and 3) requests that ICANN org and Contracted Parties finalize the negotiations on the Data Processing Agreement (DPA) as soon as practicable as the absence of a completed DPA may act as a roadblock for policy work before Council.
2. The GNSO Council defers consideration of recommendations #1 and #2 until such time the DPA negotiations between ICANN org and Contracted Parties have completed and there is feedback from ICANN org on if/how it anticipates the requesting and processing of registration data to be undertaken in the context of measuring accuracy.
3. Once this feedback is received from ICANN org, the GNSO Council will review the formation and instructions to the Scoping Team to ensure these are still fit for purpose and request the Scoping Team to further consider potential proposals that require access to registration data as well as how these impact the existing recommendations #1 and #2 (e.g. should these still be considered by the GNSO Council for adoption, or in the context of proposals that require access to registration data these may no longer be relevant or a priority?).
4. Taking into account the delay with which the write up was delivered, as well as some of the challenges that were shared with the Scoping Team’s Chair during his briefing to the Council, Council leadership will reach out informally to Scoping Team members to better understand the issues encountered to help inform the Council’s review of the formation and instructions.
5. Council leadership is requested to send a communication to ICANN org in relation to recommendation #3 (as well as Contracted Parties in relation to the DPA) as well as communicate the Council’s decision to non-GNSO groups participating in this effort (ALAC, GAC and SSAC) as well as the Scoping Team.
6. The GNSO Council thanks Michael Palage, outgoing Chair, and Olga Cavalli, outgoing Council liaison, for their efforts. As part of its review of the formation and instructions to the Scoping Team, the Council will consider next steps for finding new leadership for this effort.