[council] Final Proposed Agenda GNSO Council Meeting - 19 December 2019 at 21:00 UTC
Rafik Dammak
rafik.dammak at GMAIL.COM
Tue Dec 10 18:57:05 EET 2019
hi all,
Please find below the agenda for the next GNSO Council meeting scheduled
next week Thursday 19 December. You can listen to the meeting audio with
this link http://stream.icann.org:8000/stream0
<https://urldefense.proofpoint.com/v2/url?u=http-3A__stream.icann.org-3A8000_stream02&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=k7uKdjSb7_ZjItyVqrCYHo_rKms9SFxlmbYEJqG-y9I&m=t8tA0swdFU4cXV859e2ze-mvsKMIL7r2xdUjAVSq8kY&s=iX9P_cnifF6wZ1CUhDXJ72aamEebgCvf5_hNTB9MCMQ&e=>
1.
We will also have our NCSG Policy call next week Tuesday. Maryam will
resend an updated invite with correct time. In our call, we will go as
usual through the council agenda to get your input and give briefing about
the discussion in GNSO council.
Best Regards,
Rafik
---------- Forwarded message ---------
De : Andrea Glandon <andrea.glandon at icann.org>
Date: mer. 11 déc. 2019 à 04:51
Subject: [council] Final Proposed Agenda GNSO Council Meeting - 19 December
2019 at 21:00 UTC
To: council at gnso.icann.org <council at gnso.icann.org>
Cc: gnso-secs at icann.org <gnso-secs at icann.org>
Dear all,
Please find below the final proposed agenda for the GNSO Council Meeting on
19 December 2019 at 21:00 UTC.
Draft GNSO Council Agenda 19 December 2019
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/D5IzBw
This agenda was established according to the GNSO Operating Procedures
<https://gnso.icann.org/en/council/op-procedures-30jan18-en.pdf> v3.3,
updated on 30 January 2018
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 held at 21:00 UTC
Coordinated Universal Time: 21:00 UTC: https://tinyurl.com/w82k6rn
13:00 Los Angeles; 13:00 Washington; 21:00 London; (Friday) 02:00
Islamabad; (Friday) 06:00 Tokyo; (Friday) 08:00 Melbourne
*GNSO Council Meeting Audio Cast*
Listen in browser: http://stream.icann.org:8000/stream0
<https://urldefense.proofpoint.com/v2/url?u=http-3A__stream.icann.org-3A8000_stream02&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=k7uKdjSb7_ZjItyVqrCYHo_rKms9SFxlmbYEJqG-y9I&m=t8tA0swdFU4cXV859e2ze-mvsKMIL7r2xdUjAVSq8kY&s=iX9P_cnifF6wZ1CUhDXJ72aamEebgCvf5_hNTB9MCMQ&e=>
1
Listen in application such as iTunes:
http://stream.icann.org:8000/stream01.m3u
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 (10 mins)*
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/2019/minutes/minutes-council-24oct19-en.pdf>
of the GNSO Council meeting on the 24 October 2019 were posted on 13
November 2019
Minutes Part 1
<https://gnso.icann.org/sites/default/files/policy/2019/minutes/minutes-gnso-council-part1-06nov19-en.pdf>
Part
2
<https://gnso.icann.org/sites/default/files/policy/2019/minutes/minutes-gnso-council-part2-06nov19-en.pdf>of
the GNSO Council meetings on the 06 November 2019 were posted on 26
November 2019
*Item 2: Opening Remarks / Review of Projects & Action List (20 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 (10 minutes) *
- Motion <https://community.icann.org/x/DZIzBw> to adopt the GNSO
Council response to the GAC Communique.
- Motion <https://community.icann.org/x/DZIzBw> for the confirmation of
GNSO representative to the Empowered Community Administration
- Confirmation of Anne Aikman-Scalese as one of the GNSO appointees to
the CCWG Auction Proceeds
*Item 4: COUNCIL VOTE - Approval of the Supplemental Recommendation**
Related to the Non-Adopted EPDP Phase 1 Recommendations (recommendation
#12) (15 minutes) *
On 15 May, the ICANN Board informed
<https://gnso.icann.org/sites/default/files/file/field-file-attach/chalaby-to-drazek-15may19-en.pdf>
the GNSO Council of the Board’s action in relation to the GNSO’s EPDP Phase
1 policy recommendations. The Board did not adopt two of the
recommendations in full, where the Board has identified that portions of
those recommendations are not in the best interests of the ICANN Community
or ICANN and is initiating the consultation process between the Board and
the GNSO Council. This concerns recommendation #1, purpose 2 and
recommendation #12, deletion of data in the Organization field. As required
under the ICANN Bylaws at Annex A-1,Section 6.b, a Board Statement is
attached as Annex A to the letter, articulating the reasons for the Board’s
non-adoption of these two items. As per the Bylaw requirements (Annex A-1,
Section 6.c), “the Council shall review the Board Statement for discussion
with the Board as soon as feasible after the Council's receipt of the Board
Statement.” During the Council’s Extraordinary Meeting on 28 May 2019, it
reviewed the Board Statement and conducted a lengthy discussion on the best
path forward.
On 30 May 2019, Keith Drazek, the GNSO Chair provided an update to the EPDP
Team on the expected next steps in relation to the ICANN Board’s action on
Phase 1 recommendations and requested that the EPDP Team provide input to
identify any questions, comments or concerns in relation to ICANN Board’s
action on the EPDP Phase 1 Recommendations. Subsequently, on 9 June 2019, Janis
Karklins, Chair of the EPDP, informed the GNSO Chair of the following
preliminary input noting that there was not sufficient time to formalize
and agree on an EPDP Team response:
“• In relation to purpose 2, there is a general understanding for
why the Board decided to not adopt this purpose and the EPDP Team confirms
that it considers it firmly within its scope for phase 2 to further review
this purpose in the context of the System for Standardized Access /
Disclosure (SSAD);
• For recommendation #12, some additional context has been provided
that may help explain the thinking behind the EPDP Team’s original
recommendation. However, there is no agreement at this stage on whether or
not the Board’s non-adoption should be supported.”
During the Council’s June 2019 meeting, it continued to consider the next
steps <https://mm.icann.org/pipermail/council/2019-May/022754.html>, taking
into account a discussion with the ICANN Board at ICANN65. The reasoning
and intent of the deletion part of recommendation #12 was explained to the
Board, as well as the intent of purpose 2 and it was agreed that a letter
should be drafted and sent to the ICANN Board as well as the EPDP Team to
provide an update on the current thinking of the GNSO Council and likely
next steps. The Council discussed a draft response on its 18 July 2019
meeting, subsequent discussion on the mailing list, and additional dialogue
on the 22 August 2019 meeting. On 9 September 2019, the GNSO Council sent
its response
<https://gnso.icann.org/sites/default/files/file/field-file-attach/gnso-council-to-icann-board-09sep19-en.pdf>
to the ICANN Board. On 14 October 2019, the ICANN Board provided its
response
<https://gnso.icann.org/sites/default/files/file/field-file-attach/chalaby-to-drazek-14oct19-en.pdf>
to the GNSO Council’s update.
On the Council’s October 2019 meeting, the Council considered the Board’s
response and discussed next steps. The Council consulted with the EPDP Team
regarding some potential ways of addressing Board’s concerns (i.e.,
including implementation guidance), in preparation for discussions with the
ICANN Board at ICANN66. At ICANN66, the GNSO Council conducted dialogue
with the ICANN Board to share the proposed approach.
Here, the Council will vote to approve Supplemental Recommendation
reaffirming the part of the original Recommendation #12 and the
Implementation Advice.
See also Annex A-1, Section 6. Board Approval Process below for further
details.
*Section 6. Board Approval Processes *
*The Board will meet to discuss the EPDP recommendation(s) as soon as
feasible, but preferably not later than the second meeting after receipt of
the Recommendations Report from the Staff Manager. Board deliberation on
the EPDP Recommendations contained within the Recommendations Report shall
proceed as follows:*
*a. **Any EPDP Recommendations approved by a GNSO
Supermajority Vote shall be adopted by the Board unless, by a vote of more
than two-thirds (2/3) of the Board, the Board determines that such policy
is not in the best interests of the ICANN community or ICANN. If the GNSO
Council recommendation was approved by less than a GNSO Supermajority Vote,
a majority vote of the Board will be sufficient to determine that such
policy is not in the best interests of the ICANN community or ICANN.*
*b. ** In the event that the Board determines, in
accordance with paragraph a above, that the proposed EPDP Recommendations
are not in the best interests of the ICANN community or ICANN (the
Corporation), the Board shall (i) articulate the reasons for its
determination in a report to the Council (the "Board Statement"); and (ii)
submit the Board Statement to the Council.*
*c. **The Council shall review the Board Statement for
discussion with the Board as soon as feasible after the Council's receipt
of the Board Statement. The Board shall determine the method (e.g., by
teleconference, email, or otherwise) by which the Council and Board will
discuss the Board Statement. *
*At the conclusion of the Council and Board discussions, the Council shall
meet to affirm or modify its recommendation, and communicate that
conclusion (the "Supplemental Recommendation") to the Board, including an
explanation for the then-current recommendation. In the event that the
Council is able to reach a GNSO Supermajority Vote on the Supplemental
Recommendation, the Board shall adopt the recommendation unless more than
two-thirds (2/3) of the Board determines that such guidance is not in the
interests of the ICANN community or ICANN. For any Supplemental
Recommendation approved by less than a GNSO Supermajority Vote, a majority
vote of the Board shall be sufficient to determine that the guidance in the
Supplemental Recommendation is not in the best interest of the ICANN
community or ICANN.*
4.1 – Presentation of motion (Council leadership)
4.2 – Council discussion
4.3 – Council vote (voting threshold: Supermajority)
*Taking this action is within the GNSO’s remit as outlined in ICANN’s
Bylaws as the GNSO ‘shall be responsible for developing and recommending to
the Board substantive policies relating to generic top-level domains and
other responsibilities of the GNSO as set forth in these Bylaws’
(Art.11.1). Furthermore, this action complies with the requirements set out
in Annex A: GNSO Policy Development Process of the ICANN Bylaws.*
*Item 5: COUNCIL DISCUSSION – Discussion on the Addendum to the Review of
All Rights Protection Mechanisms in All gTLDs Charter to Integrate
Recommendation 5 From IGO-INGO Access to Curative Rights Protection
Mechanisms Final Report (20 minutes)*
On 18 April 2019, the Council voted
<https://community.icann.org/display/gnsocouncilmeetings/Motions+18+April+2019>
to approve recommendations 1-4 of Final Report from the IGO-INGO Access to
Curative Rights Protection Mechanisms PDP WG. The Council also resolved to
not approve Recommendation 5 and, ” directs the Review of All Rights
Protection Mechanisms in All gTLDs (RPM) PDP to consider, as part of its
Phase 2 work, whether an appropriate policy solution can be developed that
is generally consistent with Recommendations 1, 2, 3 & 4 of the PDP Final
Report and:
- accounts for the possibility that an IGO may enjoy jurisdictional
immunity in certain circumstances;
- does not affect the right and ability of registrants to file judicial
proceedings in a court of competent jurisdiction;
- preserves registrants’ rights to judicial review of an initial UDRP or
URS decision; and
- recognizes that the existence and scope of IGO jurisdictional immunity
in any particular situation is a legal issue to be determined by a court of
competent jurisdiction.”
The GNSO Council resolved also to, “amend the charter for the RPMs PDP
Working Group to reflect this new instruction accordingly.” Some members of
the GNSO Council met with certain members of the GAC and IGOs at ICANN65,
where there appeared to be agreement from the GAC/IGOs to support the
chartering of this separate work.
A small team of Councilors was convened to prepare a draft Addendum to the
RPMs PDP charter, which was discussed during the Council’s September 2019
meeting. After integrating Councilor feedback, the revised Addendum
<https://gnso.icann.org/en/drafts/rpms-charter-addendum-09oct19-en.pdf> was
shared with the GAC and IGOs for their consideration. The Council
considered GAC/IGO feedback
<https://gnso.icann.org/sites/default/files/file/field-file-attach/ismail-to-drazek-01nov19-en.pdf>
received on 1 November 2019, as well as feedback from the meeting with the
GAC at ICANN66.
Taking into account GAC and IGO feedback received and balancing with the
goals of the GNSO Council, leadership prepared a revised draft for GNSO
Council consideration.
Here, the Council will discuss the draft revisions to the Addendum to the
RPMs PDP charter, as well as additional steps that need to be taken prior
to Council consideration for adoption.
5.1 – Introduction of topic (Council leadership)
5.2 – Council discussion
5.3 – Next steps
*Item 6: COUNCIL UPDATE - Expedited PDP on the Temporary Specification for
gTLD Registration Data - Phase 2 Work (15 minutes)*
As noted in the charter
<https://community.icann.org/display/EOTSFGRD/EPDP+Team+Charter> for the
Expedited PDP on the Temporary Specification for gTLD Registration Data,
work on a System for Standardized Access to Non-Public Registration Data
(SSAD) commenced after the work on a series of gating questions are
complete. With the EPDP Team’s delivery of its Final Report to the GNSO
Council, the work on the gating questions was considered completed and the
work on the SSAD, or otherwise known as phase 2 of the EPDP, commenced. In
March of 2019, the GNSO Council resolved to indicate its non-objection to
the EPDP Phase 2 work beginning; the Team commenced its Phase 2
deliberations on 2 May 2019.
The Team has worked diligently in developing draft “building blocks” and
policy principles that can serve as components of the SSAD. Leveraging
ICANN meetings and a dedicated face-to-face meeting in September 2019, as
well as remote meetings twice a week, the Team has made substantial
progress towards its goal of publishing its Initial Report for public
comment by mid-December of 2019. However, the EPDP Team collectively agreed
to delay publication from December until a target date of 7 February 2020,
noting it would prefer more time to ensure the overall quality and
comprehensiveness of its draft recommendations; accordingly, the Team
submitted a Project Change Request (PCR
<https://community.icann.org/download/attachments/105388008/EPDP-P2_Project_Package_20191130.pdf?version=1&modificationDate=1575942512664&api=v2>)
to the GNSO Council. The EPDP Leadership presented the ramifications of
delayed publication to the EPDP Team, noting, specifically, if the EPDP
Team delays publication at this stage, no slack remains in the project plan
to deliver a Final Report by June. In the event the EPDP Team does not meet
the June deadline, any remaining resources allocated will be returned to
conclude fiscal year 2020. Therefore, if the EPDP were to determine
additional resources will be necessary to complete its work, the GNSO
Council will be required to request more resources from the Board.
Here, the Council will receive an update on the status of the EPDP Phase 2.
6.1 – Introduction of topic (Council leadership; Rafik Dammak - Council
Liaison)
6.2 – Council discussion
6.3 – Next steps
*Item 7: COUNCIL DISCUSSION - GNSO Council Strategic Planning Session (15
minutes)*
>From 22-24 January of 2020, the GNSO Council will hold its third Strategic
Planning Session (SPS), which is a result of previous GNSO Councils
realizing the benefit of holding dedicated sessions to plan and prepare for
the coming year of work; the primary objective of these sessions is to
develop a work plan for the year ahead and beyond. However, the sessions
also help the GNSO Council to better understand its responsibilities and
remit and how to more effectively perform its role. Council leadership and
staff have collaborated on planning the upcoming SPS.
Here, the Council will discuss the draft agenda, expectations for
Councilors, and review action items from previous SPSs.
7.1 - Introduction of topic (Council leadership)
7.2 - Council discussion
7.3 - Next steps
*Item 8: ANY OTHER BUSINESS (10 minutes)*
8.1 - Consideration of previous GNSO Council Additional Budget Requests
(ABRs) and whether they should be pursued in the future, as well as if
other ABRs should be submitted. *FY20 ABRs* included:
- GNSO Council Strategic Planning Session
<https://community.icann.org/download/attachments/102146823/FY20%20ABR_SPS.pdf?api=v2>
(similar ABRs submitted in FY18, FY19, and FY20)
- PDP Leadership Travel Pilot
<https://community.icann.org/download/attachments/102146823/FY20%20ABR_Travel%20Support.pdf?api=v2>
(similar ABRs submitted submitted in FY18, FY19, and FY20)
- Consensus Building Playbook
<https://community.icann.org/download/attachments/102146823/FY20%20ABR_Consensus%20Playbook.pdf?api=v2>
(submitted in FY20 only, as an element of PDP 3.0)
_______________________________
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 October and March Winter in the NORTHERN hemisphere
----------------------------------------------------------------------------
California, USA (PST) UTC-8 13:00
San José, Costa Rica (CST) UTC-6 15:00
New York/Washington DC, USA (EST) UTC-5 16:00
Buenos Aires, Argentina (ART) UTC-3 18:00
Rio de Janeiro, Brazil (BRST) UTC-2 20:00
London, United Kingdom (GMT) UTC+0 21:00
Kinshasa, Democratic Republic of Congo (WAT) UTC+1 22:00
Paris, France (CET) UTC+1 22:00
Islamabad, Pakistan (PKT) (+1 day) UTC+5 02:00
Singapore (SGT) (+1 day) UTC+8 05:00
Tokyo, Japan (JST) (+1 day) UTC+9 06:00
Melbourne, Australia (AEDT) (+1 day) UTC+11 08:00
----------------------------------------------------------------------------
DST starts/ends on Sunday 29 of March 2020, 2:00 or 3:00 local time (with
exceptions) for EU countries and on Sunday 08 of March 2020 for the US.
----------------------------------------------------------------------
For other places see http://www.timeanddate.com and
https://tinyurl.com/w82k6rn
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