[Summary] GNSO Council meeting 29th December 2018

[Rafik Dammak]

Hi all,

I am sending here a report of the last GNSO council meeting held in the
29th of November. It is not aimed to be exhaustive but just to give a brief
summary of what was discussed. You can find here the agenda
<https://community.icann.org/display/gnsocouncilmeetings/Final+Proposed+Agenda+29+November+2018>,
documents
<https://community.icann.org/display/gnsocouncilmeetings/Documents+29+November+2018>
, recordings <https://audio.icann.org/gnso/gnso-council-29nov18-en.mp3>,
minutes <https://gnso.icann.org/en/meetings/minutes-council-29nov18-en.pdf>
and transcript
<https://gnso.icann.org/en/meetings/transcript-council-29nov18-en.pdf>.

Consent Agenda

There were two items on the Consent Agenda:

   -

   Motion <https://community.icann.org/x/lQHVBQ> to adopt the GNSO Council
   response to the GAC Communique
   <https://gac.icann.org/contentMigrated/icann62-panama-communique>.
   -

   Motion <https://community.icann.org/x/lQHVBQ> for the confirmation of
   GNSO representative to the Empowered Community Administration.


However, it was requested that the motion to adopt the GNSO Council
response to the GAC Communique to be removed from the Consent Agenda for
more discussion in the main agenda.

Adoption of the GNSO Council response to the GAC Communique

There were proposed amendment to the GNSO Council response regarding the
two-character Country Codes at the second level from registry stakeholder
group and also questions about the process followed for drafting the
response. It was decided to defer the motion to the next council meeting in
December for approval after reviewing the change by the small drafting
team, prior to ICANN board meeting in January.

IGO-INGO Access to Curative Rights Protection Mechanisms

Council discussed next steps regarding the IGO INGO Curative Rights
Protection Mechanisms PDP WG recommendations, in particular recommendation
5, a topic which was in council agenda since last August. The discussion
was based on staff document
<https://mm.icann.org/pipermail/council/2018-November/022091.html> which
proposed those options for council consideration:

   1.

   Board facilitated discussion between the GAC and the GNSO
   2.

   Rejection of all five recommendations, none of them would be sent to the
   Board and the PDP would be terminated.
   3.

   Accept all five recommendations, all five would be sent to the Board in
   conflict with GAC advice
   4.

   Accept recommendations 1-4 and reject recommendation 5 (potentially
   problematic as it relates to the scope and charter of the group). Four
   recommendations would be therefore sent to the Board in conflict with GAC
   advice.
   5.

   Send back all or only recommendation 5 to the WG, consistent with the
   PDP manual, however issues with the WG dynamics may mean this triggers
   further delays.
   6.

   Consult the WG on its deliberations and on the rationale for
   Recommendation Number 5, including the charter scope interplay with the
   RPMs.


For reminder, the GNSO Council received a letter from GAC during Barcelona
meeting asking for a discussion with the council.

As follow-up of council deliberation, it was agreed that council
leadership present
options for the IGO-INGO Access to Curative Rights Protection Final Report
for councilors consideration in next meeting to move forward.

Temporary Specification for Registration Data Expedited Policy Development
Process - Recurring Update

Kurt Pritz and myself , EPDP team chair and GNSO Council liaison to EPDP
team,  provided the GNSO Council with an update on EPDP activities and on
the content of the Initial Report which was just published days prior to
council meeting. It was also mentioned that the EPDP team was working on a
letter to be sent to the European Data Protection Board (EDPB) for
clarification (to which EPDP team decided later to put it on hold), the
EPDP team will hold a face-to-face meeting in Toronto in January 2019 and
that  is also seeking external legal counsel.

Discussion of the Inter-Registrar Transfer Policy (IRTP)  Policy Status
Report

Brian Atchison, ICANN’s Operations and Policy Research Department,
presented to the GNSO Council with an update of the IRTP Policy Status
Report which was mandated by the IRTP-D Working Group and the Consensus
Policy Implementation Framework. The Public Comment
<https://www.icann.org/public-comments/irtp-status-2018-11-14-en> on the
Policy Status Report is open until the 24 December 2018, including the
survey targeting registrants who have experienced domain transfers.

Please feel free to ask any clarifying question about the council
discussion and topics.

Best Regards,

Rafik Dammak
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