FYI
Warmly,
Tomslin
---------- Forwarded message ---------
From: Terri Agnew via council <[log in to unmask]>
Date: Tue, 7 Nov 2023, 09:57
Subject: [council] Proposed Agenda | GNSO Council Meeting | Thursday, 16
November 2023
To: [log in to unmask] <[log in to unmask]>,
[log in to unmask] <[log in to unmask]>
Cc: [log in to unmask] <[log in to unmask]>
Dear all,
Please find below the final proposed agenda for the GNSO Council Meeting
taking place on Thursday, 16 November 2023 at 21:00 UTC for 2 hours This
has been posted on the agenda wiki page
<https://community.icann.org/x/gYJME>.
Thank you.
Kind regards,
Terri
Policy Team Supporting the GNSO
*Draft GNSO Council Agenda 16 November 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/rIXxDg
This agenda was established according to the GNSO Operating Procedures
<https://gnso.icann.org/sites/default/files/file/field-file-attach/op-procedures-24oct19-en.pdf>
v3.5, updated on 24 October 2019.
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, 16 November 2023 at 21:00 UTC:
https://tinyurl.com/4vs4b2mh
13:00 Los Angeles; 16:00 Washington DC; 21:00 London; 22:00 Paris; 00:00
Moscow (Friday); 08:00 Melbourne (Friday)
*GNSO Council Meeting Remote Participation:*
*https://icann.zoom.us/j/97891627902?pwd=RURCTitiNEVwd2UySEk1QkRESmlFZz09*
<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.
___________________________________
*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
<https://gnso.icann.org/sites/default/files/policy/2023/minutes/minutes-gnso-council-21sep23-en.pdf>of
the GNSO Council meeting on 21 September 2023 were posted on 06 October
2023.
Minutes of the GNSO Council Meeting on 25 October 2023 will be posted on 10
November 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
<https://gnso.icann.org/en/council/project> and Action Item List.
<https://community.icann.org/x/RgZlAg>
*Item 3: Consent Agenda (5 minutes)*
- Confirm Tomslin Samme-Nlar as GNSO Representative as Decisional
Participant to the Empowered Community
*Item 4: COUNCIL VOTE - Approval Action Community Forum at ICANN78 -
Fundamental Bylaws Amendments to Articles 18 and 19 of the ICANN Bylaws (10
minutes)*
The Board is convening 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." The Board *convened*
<https://www.icann.org/en/board-activities-and-meetings/materials/approved-resolutions-regular-meeting-of-the-icann-board-16-09-2018-en#1.c>
the first IFR on 16 September 2018.
The Board's noted its resolution
<https://www.icann.org/en/board-activities-and-meetings/materials/approved-resolutions-regular-meeting-of-the-icann-board-10-09-2023-en>
for the Approval of Amendments to IANA Naming Function Review Bylaws is “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.”
The Bylaws changes aim to clearly set out the expected process as designed
during the IANA Stewardship Transition Process, and do not represent a
change to any of these processes.
Here, the Council will vote on the fundamental Bylaws amendments.
4.1 – Presentation of motion (Greg DiBiase, GNSO Chair)
4.2 – Council discussion
4.3 – Council Vote (voting threshold: simple majority)
*Item 5: COUNCIL UPDATE - EPDP on Internationalized Domain Names Phase 1
Final Report (25 minutes)*
On 20 May 2021, the GNSO Council approved the initiation request
<https://gnso.icann.org/sites/default/files/policy/2021/presentation/EPDPInitiationRequest20May21.pdf>
for the EPDP on Internationalized Domain Names (IDNs) and adopted its
charter
<https://gnso.icann.org/sites/default/files/policy/2021/presentation/CharterGNSOIDNsEPDPWorkingGroup20May21.pdf>.
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
<https://gnso.icann.org/sites/default/files/policy/2023/presentation/idns-epdp-project-request-form-07nov2022-en.pdf>
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
<https://itp.cdn.icann.org/en/files/internationalized-domain-names-idn/public-comment-summary-report-phase-1-initial-report-on-the-internationalized-domain-names-epdp-10-07-2023-en.pdf>,
which contains 68 recommendations for Public Comment
<https://www.icann.org/en/public-comment/proceeding/phase-1-initial-report-on-the-internationalized-domain-names-epdp-24-04-2023>.
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.
Here, the Council will receive a briefing on the EPDP - IDN Phase 1 Final
Report with the expectation that the report can be voted on during the
subsequent Council meeting.
5.1 - Presentation of Final Report (Donna Austin, Chair of EPDP on IDNs)
5.2 - Council Q&A
5.3 - Next Steps
*Item 6: COUNCIL DISCUSSION - Updates on Status of Data Processing
Agreement (DPA) negotiations* *and Registration Data Accuracy (20 minutes)*
(i) DPA Negotiations
On 3 August 2023, the GNSO Council sent a letter
<https://gnso.icann.org/sites/default/files/policy/2023/correspondence/ducos-to-heineman-et-al-03aug23.pdf>
to ICANN org and the chairs of the Registrar Stakeholder Group and
Registries Stakeholder Group, notifying them of the Council’s decision to
extend consideration of the Registration Data Accuracy Scoping Team
recommendations until certain dependencies are met. The dependencies
referenced include both (i) the outcome of the work by ICANN org on the
scenario(s) in which the request and processing of registration data takes
place and (ii) the finalization of the Data Processing Agreement (DPA).
ICANN org together with the chairs of the Registrar Stakeholder Group and
Registries Stakeholder Group provided a response
<https://www.icann.org/en/system/files/correspondence/swinehart-et-al-to-ducos-16oct23-en.pdf>
on 16 October 2023, notifying the Council that the “parties agreed that
these agreements would take the form of a specification that may be added
to the Registry Agreement (RA) and Registrar Accreditation Agreement (RAA),
and as such we refer to them as the ‘Data Processing Specification’ or
‘DPS.’”
ICANN org noted that it has informed the Contracted Party House (CPH)
Negotiating Team that its goal is to complete the negotiations, which
include resolution of a few remaining items, by the end of the calendar
year, with the eventual aim to have the DPS available for use by registrars
and registries for the beginning of the Registration Data Policy
implementation window.
(ii) Registration Data Accuracy
The Registration Data Accuracy (RDA) Scoping Team was initiated by the GNSO
Council in July 2021 per the formation instructions
<https://gnso.icann.org/sites/default/files/file/field-file-attach/registration-data-accuracy-scoping-team-formation-instructions-09jul21-en.pdf>
. The Scoping Team was tasked with considering a number of accuracy-related
factors such as the current enforcement, reporting, measurement, and
overall effectiveness of accuracy-related efforts. These considerations are
to help inform the team’s deliberations and development of recommendations
to the GNSO Council on whether any changes are recommended to improve
accuracy levels, and, if so, how and by whom these changes would need to be
developed (for example, if changes to existing contractual requirements are
recommended, a PDP or contractual negotiations may be necessary to effect a
change).
The Scoping Team completed Assignment #1 (enforcement and reporting) and
Assignment #2 (measurement of accuracy) and submitted its write up
<https://mm.icann.org/pipermail/council/2022-September/025950.html> to the
Council on 5 September 2022. In the write up, the group is suggesting
moving forward with two proposals that would not require access to
registration data, namely a registrar survey (recommendation #1) and a
possible registrar audit (recommendation #2) that may help further inform
the team’s work on assignment #3 (effectiveness) and #4 (impact &
improvements), while it awaits the outcome of the outreach to the European
Data Protection Board (EDPB) by ICANN org in relation to proposals that
would require access to registration data (recommendation #3).
As has been communicated previously, Michael Palage has confirmed his
resignation as Chair of this group to the Council. The Council will need to
consider the proper timing for identifying a new Chair for this effort.
ICANN org provided a verbal update to the Council during the 20 April
meeting
<https://icann.zoom.us/rec/play/gx322OsdypGMHjYVMzr4WbdyyeM7CPWvNzzrBJpx-NPgYwDU_bszZ1uLFbVNs8ZsRhL2jmmxdfXGEWQg.LhtmWK3BbZLEN56w?canPlayFromShare=true&from=share_recording_detail&startTime=1682024532000&componentName=rec-play&originRequestUrl=https%3A%2F%2Ficann.zoom.us%2Frec%2Fshare%2FtTb9QnBfU92aXXAmz40TRnohHHBjddrQq5N-dSwUXq1W-A_sWeIZe1s3w6rgiqrb.SxCMl9dj0eL6k9GN%3FstartTime%3D1682024532000>.
During its meeting on 20 June 2023, the Council voted to extend the
deferral of the consideration of recommendations #1 and #2, pending
resolution of recommendation #3 (pausing the work on proposals that require
access to registration data until there is clarity from ICANN org on if/how
it anticipates the requesting and processing of registration data to be
undertaken in the context of measuring accuracy).
On 19 October 2023, ICANN org provided an update
<https://mm.icann.org/pipermail/council/2023-October/027397.html> on
Registration Data Accuracy efforts.
Here, the Council will discuss these updates and determine if further
outreach is needed for either of the items at this time.
6.1 - Introduction of Topic (Greg DiBiase, GNSO Chair)
6.2 - Council Discussion
6.3 - Next Steps
*Item 7: COUNCIL DISCUSSION - ICANN Board Action on the Final Report of the
Cross-Community Working Group on New gTLD Auction Proceeds (CCWG-AP (20
minutes)*
On 12 June 2022
<https://www.icann.org/en/board-activities-and-meetings/materials/approved-resolutions-regular-meeting-of-the-icann-board-12-06-2022-en#2.c>,
the ICANN Board accepted all recommendations issued in the Final Report of
the Cross-Community Working Group on New gTLD Auction Proceeds (CCWG-AP).
The CCWG-AP's Recommendation 7 states in relevant part "Existing ICANN
accountability mechanisms such as IRP or other appeal mechanisms cannot be
used to challenge a decision from the Independent Project Applications
Evaluation Panel to approve or not approve an application. Applicants not
selected should receive further details about where information can be
found about the next round of applications as well as any educational
materials that may be available to assist applicants. The CCWG recognizes
that there will need to be an amendment to the Fundamental Bylaws to
eliminate the opportunity to use the Request for Reconsideration and
Independent Review Panel to challenge grant decisions." The CCWG-AP also
issued guidance to the Board that after reviewing how other entities dealt
with appeals, that allowing appeals appeared to add too much complexity.
The Board's June 2022 decision reflected the Board's initial agreement with
the CCWG-AP's conclusion that a Fundamental Bylaws change was necessary to
implement Recommendation 7 and identified such a Bylaws change as a
dependency on the launch of the ICANN Grant Program. Upon further
consideration, the Board determined that the CCWG-AP's recommendation to
preserve the auction proceeds from being used to defend against usages of
ICANN's accountability mechanisms for decisions on individual grant
decisions can be implemented in alternative ways, including ways that do
not require modification to ICANN's core Bylaws on accountability. As a
result, the Board proposed updating its action on Recommendation 7 to
reflect that ICANN org should implement this Recommendation 7 directly
through the use of applicant terms and conditions rather than through a
change to ICANN's Fundamental Bylaws.
During its meeting on 26 October 2023, the ICANN Board passed a resolution
<https://www.icann.org/en/board-activities-and-meetings/materials/approved-resolutions-regular-meeting-of-the-icann-board-26-10-2023-en>,
revisiting its 12 June 2022 decision on Recommendation 7 of the
Cross-Community Working Group on New gTLD Auction Proceeds (CCWG-AP) and
issues the Revised Scorecard - CCWG on Auction Proceeds Final Report
Recommendations – Board Action ("Revised Scorecard")
<https://www.icann.org/en/system/files/files/revised-scorecard-ccwg-auction-proceeds-final-recs-board-action-26oct23-en.pdf>,
removing the requirement and dependency that a Fundamental Bylaws Amendment
is required prior to the launch of the ICANN Grant Cycle, though the
amendment would nevertheless be pursued.
Here, the Council will discuss the Board action and determine if further
action is needed.
7.1 – Introduction of Topic (Greg DiBiase, GNSO Chair)
7.2 – Council discussion
7.3 - Next Steps
*Item 8: COUNCIL DISCUSSION - Consider whether further work is needed after
ICANN org outreach to European Network Information Security Agency (ENISA)
(20 minutes)*
During the Council’s extraordinary meeting on 5 June 2023
<https://community.icann.org/display/gnsocouncilmeetings/Final+Proposed+Agenda+2023-06-05>,
Thomas Rickert introduced an area for further Council discussion.
Specifically, the European Union's Second Network and Information Systems
Directive (“NIS2”) entered into force on 16 January 2023. Article 28,
subsection 3 provides, "Member States shall require TLD name registries and
the entities providing domain name registration services, those are
registrars, resellers and privacy and proxy services, to have policies and
procedures, including verification procedures in place to ensure that the
databases referred to in paragraph 1 include accurate and complete
information. Member States shall require such policies and procedures to be
publicly available." Additionally, the corresponding recital number 111,
provides, in part, “Those policies and procedures should take into account
to the extent possible the standards developed by the multi-stakeholder
governance structures at the international level."
There was a suggestion by some Councilors to consider informal options of
responding to the recital text to highlight the standards that are
currently applicable. The Council formed a small team to further consider
this effort; however, after hearing an update from ICANN org noting that
ICANN org was already in the process of reaching out to the Network and
Information Systems Cooperation Group Work Stream for art.28 NIS2, the
Small Team agreed to await the draft from ICANN org instead of
independently reaching out. The Small Team additionally noted that ICANN
org was the appropriate entity to deliver this message, rather than the
GNSO Council, but the Small Team requested ICANN org share the draft
communication with the GNSO Council for an additional review prior to
sending the communication. ICANN org shared its draft communication
<https://mm.icann.org/pipermail/council/2023-October/027398.html> on 19
October 2023.
Here, the Council will discuss any further work is needed.
8.1 - Introduction of Topic (Nacho Amadoz, Council Vice Chair)
8.2 - Council Discussion
8.3 - Next Steps
*Item 9: ANY OTHER BUSINESS (15 minutes)*
9.1 SPS Planning
9.2 Confirmation of RDRS Chair
9.3 Update on Public Comment on Pilot Holistic Review - Terms of Reference
9.4 Update on GAC Communique Update
_______________________________
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-30jan18-en.pdf
*References for Coordinated Universal Time of 21:00 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
----------------------------------------------------------------------------
California, USA (PST) UTC-8 13:00
San José, Costa Rica (CST) UTC-6 15:00
New York/Washington DC, USA (EST) UTC-4 16:00
Buenos Aires, Argentina (ART) UTC-3 18:00
Kinshasa, Democratic Republic of Congo (WAT) UTC+1 22:00
Paris, France (CET) UTC+1 22:00
Moscow, Russia (MSK) UTC+3 00:00 (Friday)
Singapore (SGT) UTC+8 05:00 (Friday)
Melbourne, Australia (AEsT) UTC+11 08:00
----------------------------------------------------------------------
For other places see http://www.timeanddate.com and
https://tinyurl.com/4vs4b2mh
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