[council] Draft GNSO Council Letter to ICANN Board on EPDP Phase 1 Recommendations

Thu Jul 25 15:21:39 EEST 2019

Hi again,

Just wanted to thank Ayden and the rest of the NCSG Policy Committee for reacting and posting a response to this so quickly:

https://mm.icann.org/pipermail/council/2019-July/022933.html

Thanks again.

Amr

> On Jul 25, 2019, at 5:51 PM, Arsène Tungali <arsenebaguma at GMAIL.COM> wrote:
>
> Thanks, Amr for your excellent point.
>
> I just want to say here that Amr's suggestion is under discussion at
> the Policy Committee level and we should be responding to this thread
> on the Council list soon, once we have agreed on the phrasing.
>
> Regards,
> Arsene
>
> 2019-07-25 17:44 UTC+02:00, Raphaël Beauregard-Lacroix
> <rbeauregardlacroix at gmail.com>:
>
>> Hi Amr,
>>
>> Thanks for the heads up. I hope the Council sticks to its guns.
>>
>> Best,
>>
>> On Thu, Jul 25, 2019 at 7:24 AM Amr Elsadr <aelsadr at icannpolicy.ninja>
>> wrote:
>>
>>> Hi,
>>>
>>> I’m forwarding this thread from the GNSO Council mailing list, because
>>> I’m
>>> concerned with the Business Constituency’s attempt at amending a
>>> recommendation coming out of phase 1 of the EPDP on the Temporary
>>> Specification for gTLD Registration Data.
>>>
>>> The discussion below concerns purpose 2 within recommendation 1 as well
>>> as
>>> recommendation 12 in the phase 1 Final Report
>>> <https://gnso.icann.org/sites/default/files/file/field-file-attach/epdp-gtld-registration-data-specs-final-20feb19-en.pdf>
>>> (concerning
>>> the “registrant organization” field), which were not adopted by the ICANN
>>> Board pending concerns they have raised. These were addressed during the
>>> Board’s meeting with the GNSO Council at ICANN65, and the Council is now
>>> drafting a more formal response in the form of correspondence (draft
>>> attached to this email).
>>>
>>> My concern is mainly with the recommendation 12 discussion. This
>>> recommendation received enough support within the EPDP Team to be
>>> included
>>> in the Final Report, however, the Business Constituency was among the
>>> groups not supporting it. They are now attempting to re-open discussions
>>> on
>>> the substance of the recommendation in discussions taking place between
>>> the
>>> GNSO Council and the ICANN Board, which is not procedurally correct.
>>> Discussions on substantive policy recommendations are menat to take place
>>> at the Working Group level (the bottom of the bottom-up policy
>>> development
>>> process). These discussions have already taken place, the report and
>>> recommendations were finalized, voted on by the GNSO Council and sent to
>>> the ICANN Board for its consideration.
>>>
>>> So far, the Contracted Parties have pushed back against the Business
>>> Constituency’s attempt to re-litigate recommendation 12. I hope that our
>>> own representatives on the GNSO Council join in, and do the same.
>>>
>>> Thanks.
>>>
>>> Amr
>>>
>>> Begin forwarded message:
>>>
>>> *From: *"Darcy Southwell" <darcy.southwell at endurance.com>
>>> *Subject: **Re: [council] Draft GNSO Council Letter to ICANN Board on
>>> EPDP Phase 1 Recommendations*
>>> *Date: *July 24, 2019 at 9:44:19 PM GMT+2
>>> *To: *"Drazek, Keith" <kdrazek at verisign.com>
>>> *Cc: *"gnso-secs at icann.org" <gnso-secs at icann.org>,
>>> "council at gnso.icann.org"
>>> <council at gnso.icann.org>
>>> *Reply-To: *"Darcy Southwell" <darcy.southwell at endurance.com>
>>>
>>> Thanks you, Keith.
>>>
>>> The Registrar Stakeholder Group (RrSG) agrees that it's outside the
>>> Council's remit to modify, or even suggest modification of, a consensus
>>> recommendation from a PDP working group and therefore objects to
>>> modifying
>>> Recommendation 12 to remove the deletion option.  The Council should seek
>>> to formalize the rationale provided to the Board in Marrakech and
>>> resubmit
>>> the consensus recommendation to the Board for approval.  Therefore, RrSG
>>> supports the Council's letter to the Board as written regarding
>>> Recommendation 12.
>>>
>>> Regarding Recommendation 1, Purpose 2, the EPDP Team and Board have been
>>> quite clear that further legal analysis is necessary to ensure Purpose 2
>>> is
>>> drafted consistent with applicable laws.  In its Final Report, the EPDP
>>> Team recommended Purpose 2 be further evaluated during phase 2 of the
>>> EPDP.  In its resolution, the Board clearly instructed ICANN Org to
>>> engage the DPAs to accomplish the necessary legal analysis to perform the
>>> work.  That legal analysis must be completed before the EPDP Team can
>>> even
>>> begin to consider how to revise Purpose 2.  Further, it is not typical
>>> for the Council to instruct a PDP as to when it works on such specific
>>> tasks.  It is up to the PDP Working Group, with its leadership and
>>> coordinating with ICANN staff, to prioritize its work.  So far, the EPDP
>>> Team has prioritized the work related to the System for Standardized
>>> Access to Non-Public Registration Data, consistent with its Charter, and
>>> with the concerns of many of the GNSO Councilors.  At this point, the
>>> RrSG
>>> sees no reason for the Council to intervene to reprioritize the Purpose 2
>>> work ahead of the chartered work.
>>>
>>> Best,
>>> Darcy
>>>
>>> On Fri, Jul 19, 2019 at 12:30 AM Drazek, Keith via council <
>>> council at gnso.icann.org> wrote:
>>>
>>>> Hi Marie,
>>>>
>>>> Thanks for your initial feedback here, and for the discussion during
>>>> yesterday’s Council call.
>>>>
>>>> On your second point below, related to the Board’s treatment of
>>>> Recommendation 12, I believe it is outside the Council’s remit to
>>>> suggest,
>>>> or even allow, a modification to the Consensus Policy recommendation
>>>> delivered to us by the EPDP Team, and subsequently delivered by Council
>>>> to
>>>> the Board. In my view, it is the role of Council to now hold the Board
>>>> accountable for its decision to not accept Rec 12 in full, and to call
>>>> for
>>>> the Board to accept it following the clarification they requested.
>>>>
>>>> I welcome further discussion on these items following discussion with
>>>> our
>>>> respective SGs and Cs, but that’s my current view.
>>>>
>>>> Best,
>>>>
>>>> Keith
>>>>
>>>> *From:* Marie Pattullo <marie.pattullo at aim.be>
>>>> *Sent:* Thursday, July 18, 2019 10:53 PM
>>>> *To:* Drazek, Keith <kdrazek at verisign.com>
>>>> *Cc:* gnso-secs at icann.org; council at gnso.icann.org
>>>> *Subject:* [EXTERNAL] RE: Draft GNSO Council Letter to ICANN Board on
>>>> EPDP Phase 1 Recommendations
>>>>
>>>> Hi Keith,
>>>>
>>>> Thanks for sharing the draft. I’m afraid I haven’t been able to discuss
>>>> this much with our members yet (sorry) but on an initial reading, the BC
>>>> does have some concerns.
>>>>
>>>> On your first point, on rec 1, while the first sentence is great, we
>>>> have
>>>> problems with the second. As you know from the comments we attached to
>>>> Janis’ letter, we really need to give the EPDP Team a clear instruction
>>>> to
>>>> reword this and replace the placeholder language; I understand that it’s
>>>> not on the Team’s roadmap right now. We really think that at a minimum,
>>>> Council needs to tell the Team to do that and get it back ASAP for Board
>>>> action. We all agree that the EPDP should deal with this, so we really
>>>> do
>>>> need a purpose 2 (for 3rd party access) for the Board to adopt.
>>>>
>>>> As for your 2nd para, on rec 12, we don’t agree that it should just be
>>>> resubmitted as is. As you know, the BC really does think that as far as
>>>> the
>>>> ORG field goes, Rec 12 should be amended to remove the deletion option.
>>>> There could always be an option of to allow the contracted parties to
>>>> update any inaccuracies in the ORG field, as appropriate, if they need
>>>> that.
>>>>
>>>> Looking forward to the discussion!
>>>>
>>>> Thanks
>>>>
>>>> Marie
>>>>
>>>> *From:* council <council-bounces at gnso.icann.org> *On Behalf Of *Drazek,
>>>> Keith via council
>>>> *Sent:* Wednesday, July 17, 2019 11:49 AM
>>>> *To:* council at gnso.icann.org
>>>> *Cc:* gnso-secs at icann.org
>>>> *Subject:* [council] Draft GNSO Council Letter to ICANN Board on EPDP
>>>> Phase 1 Recommendations
>>>>
>>>> Hi all,
>>>>
>>>> In preparation for our Council meeting this week, please review the
>>>> attached draft letter to the ICANN Board concerning next steps on the
>>>> two
>>>> EPDP Phase 1 recommendations not accepted in full by the Board.
>>>>
>>>> As you will recall, we had a good conversation with the ICANN Board
>>>> during our working session lunch, and we committed to following up on
>>>> the
>>>> issue. The draft letter is self-explanatory, and our goal is to ensure a
>>>> common understanding between Council and Board before we take our formal
>>>> action to request Board reconsideration on Recommendation 12. We want to
>>>> avoid an ongoing back-and-forth on the issue, so our hope is this letter
>>>> will pave the way to a clear resolution.
>>>>
>>>> Please review before our Council meeting.
>>>>
>>>> Thanks to Rafik and Pam for leading this work while I was on PTO.
>>>>
>>>> Best,
>>>>
>>>> Keith
>>>> _______________________________________________
>>>> council mailing list
>>>> council at gnso.icann.org
>>>> https://mm.icann.org/mailman/listinfo/council
>>>>
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>
> --
> ------------------------
> **Arsène Tungali* <http://about.me/ArseneTungali>*
> Co-Founder & Executive Director, *Rudi international
> <[http://www.rudiinternational.org](http://www.rudiinternational.org/)>*,
> CEO,* Smart Services Sarl <https://www.smart-kitoko.com/>*,
> Tel: +243 993810967 (DRC)
> GPG: 523644A0
>
> 2015 Mandela Washington Fellow
> <
> http://tungali.blogspot.com/2015/06/selected-for-2015-mandela-washington.html>
>
> (YALI) - ICANN GNSO Council Member
> <https://gnso.icann.org/en/about/gnso-council.htm> Member. UN IGF MAG
> <https://www.un.org/press/en/2018/pi2247.doc.htm> Member
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