[council] Final Proposed Agenda GNSO Council Meeting - 13 March 2019 at 04:00 UTC (13:00 local time)

Thu Mar 7 21:14:11 EET 2019

hi all,

Please find the agenda of GNSO Council Public Meeting scheduled in Kobe for
next week Wednesday at 13 March 13:00 JST.

Best Regards,

Rafik

---------- Forwarded message ---------
Dear all,

Please below find the final proposed agenda for the GNSO Council Meeting on
13 March 2019 at 04:00 UTC (13:00 local time).
Final GNSO Council Agenda 13 March 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/eoYWBg

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.

Local time in Kobe: 13:00 JT Coordinated Universal Time: 04:00 UTC:
http://tinyurl.com/y3nkmj82

(Tuesday) 21:00 Los Angeles; (Wednesday) 00:00 Washington; 04:00 London;
09:00 Islamabad; 13:00 Tokyo; 15:00 Melbourne

Remote participation details: https://64.schedule.icann.org/meetings/961982

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 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/en/meetings/minutes-council-21feb19-en.pdf> of
the GNSO Council meeting on the 21st February were posted on 7 March 2019

Minutes of the GNSO Council meeting on the 4th March will be posted on the
18 March 2019

*Item 2: Opening Remarks / Review of Projects & Action List (15 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)*

·         Reappointment of Becky Burr to seat 13 on the ICANN Board

·         Adoption of the CSC Effectiveness Review Team Final Report
<https://community.icann.org/display/ER/Final+Report+of+the+Effectiveness+Review+Team>

*Item 4: COUNCIL DISCUSSION – Privacy/Proxy Services Accreditation Issues
Implementation Review Team (15 minutes)*

When initiating negotiations for the Registrar Accreditation Agreement
(RAA) in October 2011 the ICANN Board requested an Issue Report to
undertake a GNSO policy development process (PDP) to address remaining
items suited for a PDP. In September 2013 ICANN staff published a paper
confirming, the ICANN Board's June 2013 approval of the 2013 RAA and
identifying the remaining high and medium priority issues for the GNSO PDP
in light of the RAA negotiations and prior GNSO and other related community
efforts as those issues concerning the accreditation of privacy and proxy
services. Upon review of the staff paper, the Council initiated the
Privacy/Proxy Services Accreditation Issues (PPSAI) PDP and adopted the
Charter <https://gnso.icann.org/en/drafts/raa-pp-charter-22oct13-en.pdf>on
21 October 2013.

The PPSAI PDP delivered its Final Report
<https://gnso.icann.org/en/issues/raa/ppsai-final-07dec15-en.pdf> on 8
December 2015, with subsequent Council adoption
<https://gnso.icann.org/en/council/resolutions#201601> of the Final Report
on 21 January 2016. On 9 August 2016, the ICANN Board adopted all
recommendations of the PPSAI PDP, directing ICANN org to begin
implementation. After some initial preparatory work, the Implementation
Review Team (IRT) first met on 18 October 2016.

The GNSO Council sent a letter (see
https://gnso.icann.org/en/correspondence/bladel-to-crocker-01dec16-en.pdf)
to the ICANN Board on 1 December 2016 regarding implementation concerns
with the Inter-Registrar Transfer Policy ("Transfer Policy") – Part C for
privacy/proxy registrations. In this letter, the GNSO Council requested the
Board to instruct ICANN Org to work with the Registrar Stakeholder Group
and other interested parties to evaluate alternatives for the
implementation concerns related to Transfer Policy Part C.

On 16 March 2017, the Board instructed “the ICANN President and CEO, or his
designee(s), to work with the Registrar Stakeholder Group and other
interested parties to evaluate alternatives for the implementation concerns
related to Transfer Policy Part C and to report back to the GNSO Council
with the results of the discussion and ICANN staff to defer any
privacy/proxy service compliance enforcement from the Transfer Policy
relating to the enabling or disabling of privacy/proxy services pending
further consultation.” During this time, enforcement of the policy related
to this specific issue has been deferred.

On 30 November 2017, the GNSO Council directed “the PPSAI IRT to consider
the issue of privacy/proxy registrations and IRTP Part C as outlined in the
annex to the GNSO Council letter (see
https://gnso.icann.org/en/correspondence/bladel-to-crocker-01dec16-en.pdf)
<https://gnso.icann.org/en/correspondence/bladel-to-crocker-01dec16-en.pdf> and
to put forward recommendations for implementation that are consistent with
the IRTP Part C policy recommendations as well as the PPSAI policy
recommendations” and requested that this work be undertaken only after the
upcoming PPSAI IRT comment period.

Subsequently, as a result of potential conflicts and/or overlap of work
between the PPSAI IRT and GDPR related work, especially the Expedited PDP
on the Temporary Specification for gTLD Registration Data, ICANN org has
slowed the implementation of PPSAI and in a 4 March 2019 letter
<https://www.icann.org/en/system/files/correspondence/namazi-to-drazek-et-al-04mar19-en.pdf>
from
Cyrus Namazi to GNSO Council leadership is proposing to continue to delay
public comment and implementation of PPSAI until the EPDP completes. ICANN
org is also seeking to determine if ICANN org should, “...take any steps at
this time related to the Transfer Policy issue that the GNSO Council
referred to the PPSAI IRT in November 2017 (Resolution 20171130-2
<https://gnso.icann.org/en/council/resolutions#201711>) for consideration
“only after the upcoming PPSAI IRT comment period,” given that ICANN org
does not anticipate proceeding to public comment on PPSAI in
the near future.”

Here, the Council will discuss the delayed implementation of PPSAI and the
dependency to beginning work on the Transfer Policy related issue referred
to the PPSAI IRT.

4.1 – Introduction of topic (Council Leadership)

4.2 – Council discussion

4.3 – Next steps

*Item 5: COUNCIL UPDATE –  GNSO Policy Development Process 3.0
Implementation (15 minutes)*

In January 2018, the GNSO Council held an inaugural three-day Strategic
Planning Session. On Day 3 of this meeting, the GNSO Council reviewed the
workload for the year ahead and identified potential milestones, noting
that the current average timeline for delivery of an Initial Report has
increased at least 2-4 times compared to previous PDPs. In addition to
noting the increased duration of the PDP lifecycle, the Council began to
identify challenges being encountered in PDPs, informed by a staff
discussion paper on optimizing increased engagement and participation while
ensuring efficient and effective policy development.

The effort to increase the effectiveness and efficiency of the GNSO PDP
process is called GNSO PDP 3.0. On 11 May 2018, a summary paper was shared
with the Council, summarizing input received to date, as well as some
proposed incremental improvements. The Council members and their respective
Stakeholder Groups and Constituencies were invited to provide input, after
which a summary report
<https://gnso.icann.org/en/drafts/pdp-summary-feedback-10sep18-en.pdf> was
prepared and shared with the Council on 10 September 2018, followed by a
dedicated webinar <https://participate.icann.org/p1s5rcio69b/> on 11
September 2018.

Based on the input received as well as the subsequent webinar, Council
leadership developed a report on PDP 3.0, titled GNSO Policy Development
Process 3.0 How to increase the effectiveness and efficiency of the GNSO
Policy Development Process
<https://gnso.icann.org/sites/default/files/file/field-file-attach/pdp-increase-effectiveness-efficiency-23oct18-en.pdf>.
In support of that report, Council developed a GNSO PDP 3.0 Implementation
Plan
<https://gnso.icann.org/sites/default/files/file/field-file-attach/pdp-implementation-plan-10dec18-en.pdf>,
which was adopted on 24 October 2018.

In January 2019, the GNSO Council held its second Strategic Planning
Session, where it discussed three specific PDP 3.0 improvements and their
possible implementation steps. In addition to making progress on the
implementation of these three improvements, the Council agreed during the
Strategic Planning Session that a small group of Councilors would convene
to drive the implementation of all of the PDP 3.0 improvements.

Here, the Council will receive an update from that small team of Councilors
on the progress of the PDP 3.0 implementation.

5.1 – Introduction of topic (Rafik Dammak)

5.2 – Council discussion

5.3 – Next steps

*Item 6: COUNCIL DISCUSSION – Discussion of the Inter-Registrar Transfer
Policy (IRTP) Policy Status Report (15 minutes)*

The Consensus Policy Implementation Framework (CPIF) provides guidance to
ICANN org and the community for implementing policy. However, there is
minimal guidance in this document or in other documentation around the
review of implemented policies adopted by the GNSO Council. In some cases,
a review is explicitly mandated as an element of the PDP WG’s
recommendations to the Council, but in some cases, the recommendations are
silent in this respect.

ICANN org, in consultation with the Council, prepared a draft framework on
the approach for post-implementation reviews of Council adopted policy
recommendations. The framework provides guidance on a number of questions
(e.g., When should a review be initiated when there is no PDP
recommendation to do so? What triggers should initiate a review? What are
the expected outcomes of the review? Etc.).

During its 26 April 2018 meeting, the Council agreed to have ICANN org
conduct a review of the Inter-Registrar Transfer Policy (IRTP). ICANN org
utilized the draft framework for conducting the post-implementation review
of the IRTP. On 14 November 2018, ICANN org published
<https://www.icann.org/public-comments/irtp-status-2018-11-14-en> the IRTP
Policy Status Report for public comment. ICANN org has worked to integrate
elements identified in public comment.

Here, the Council will be briefed on the updated report and discuss
possible next steps for the review of the IRTP.

6.1 – Presentation of materials (Brian Aitchison)

6.2 – Council discussion

6.3 – Next steps

*Item 7: COUNCIL DISCUSSION – Next steps related to the ICANN Procedure of
Handling WHOIS conflicts with Privacy Law (15 minutes)*

As a result of community input and the work of the Implementation Advisory
Group (IAG), ICANN made effective the revised WHOIS Conflicts with Privacy
Law Procedure
<https://whois.icann.org/en/revised-icann-procedure-handling-whois-conflicts-privacy-law>
 on 18 April 2017 to better accommodate issues where WHOIS requirements
conflict with applicable laws.

As requested by the GNSO Council, ICANN published a paper
<https://www.icann.org/en/system/files/files/whois-privacy-conflicts-procedure-03may17-en.pdf>
 for public comment
<https://www.icann.org/public-comments/whois-privacy-law-2017-05-03-en> to
provide analysis and solicit community input on the practicality and
feasibility of the triggers identified in the revised WHOIS Conflicts with
Privacy Law Procedure. The public comment period was also intended to
collect suggestions for moving forward with the review. The public comment
period closed on 7 July 2017 and the staff report of public comments
<https://www.icann.org/en/system/files/files/report-comments-whois-privacy-law-28jul17-en.pdf>
 was published on 28 July 2017.

On 1 August 2017, the Council received a letter
<https://gnso.icann.org/en/correspondence/atallah-to-bladel-et-al-01aug17-en.pdf>
 from Akram Atallah providing a collection of possible options for
proceeding with the review, and offering to discuss those options or others
identified by Council. On 24 August 2017, the Council received an update
from GDD staff and discussed possible options for moving forward with the
review of the Procedure for Handling WHOIS Conflicts with Privacy Law.

A small group of Councilors prepared a Charter
<https://gnso.icann.org/en/drafts/draft-icann-procedure-whois-conflicts-iag-23jan18-en.pdf>
 (including guidelines and parameters around scope, deliverables,
composition, operating procedures, etc.) that a subsequent group will
operate under as it deliberates and provides suggested next steps and/or
recommendations. On 22 February 2018, the Council adopted
<https://gnso.icann.org/en/council/resolutions#201802> the Charter,
requesting that staff circulate the call for volunteers on or after June 1,
2018. WIth uncertainty and time commitment from the adoption of the
Temporary Specification on Registration Data Services, the Council
determined it would wait until the EPDP on the Temporary Specification was
launched. The Council later determined that it would wait until the EPDP
issued its Final Report.During the 21 February 2019 Council meeting, the
Council reviewed its Projects & Action Items List which resulted in an
action item for “the Council leadership to research and develop guidance
for if and when the work on the ICANN Procedure of Handling Whois conflicts
with Privacy should begin.”

With the EPDP Final Report having been adopted by the Council on 4 March
2019, and with phase 2 set to begin, the Council needs to evaluate the
level of interplay between phase 2 of the EPDP and the review of the WHOIS
Procedure, and the priority for launching any work in relation to the WHOIS
Procedure.

Here, the Council will discuss possible next steps for the WHOIS Procedure.

7.1 – Update (Council leadership)

7.2 – Council Discussion

7.3 – Next steps

*Item 8: COUNCIL DISCUSSION - 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
can only commence after the work on a series of gating questions are
complete. With the EPDP Team’s delivery of its phase 1 Final Report
<https://gnso.icann.org/sites/default/files/file/field-file-attach/epdp-gtld-registration-data-specs-final-20feb19-en.pdf>
to
the GNSO Council, the work on the gating questions can be considered to be
completed and the work on a System for Standardized Access to Non-Public
Registration Data, or otherwise known as phase 2 of the EPDP, should be
allowed to commence. However, per the EPDP Team Charter, beginning that
work is dependent upon non-objection of the GNSO Council (which is captured
and granted in the resolution language for item 4 of this agenda). As part
of the resolved clause, “...The Council does request that the EPDP Team, as
a first step, develops its work plan for phase 2 and, furthermore,
identifies whether the GNSO Council should consider any updates to the EPDP
Team Charter to facilitate the EPDP Team’s work.” With the 4 March 2019
adoption of the Final Report by the Council, including the relevant
resolved clause, the Council grants its non-objection for the EPDP Team to
commence phase 2 work.

The EPDP Team has conducted a number of meetings at ICANN64 in its efforts
to determine whether changes to the Charter or further guidance from the
Council are needed =, develop a work plan, discuss work processes and
resourcing, discuss lessons learned from phase 1 of the EPDP, and other
elements.

Here, the Council will receive an update on progress made at ICANN64.

8.1 – Introduction of topic (Rafik Dammak, interim Chair)

8.2 – Council discussion

8.3 – Next steps

*Item 9: ANY OTHER BUSINESS (10 minutes)*

9.1 - New GNSO Chair election timeline with travel guidelines (120 days for
funded traveller submissions)

9.2 - Open microphone

________________________________

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 04:00 UTC

Local time between October and March Winter in the NORTHERN hemisphere

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California, USA (PST) UTC-8 (Tuesday) 21:00

San José, Costa Rica (CST) UTC-6 (Tuesday) 23:00

New York/Washington DC, USA (EST) UTC-4 00:00

Buenos Aires, Argentina (ART) UTC-3 01:00

Rio de Janeiro, Brazil (BRST) UTC-3 01:00

London, United Kingdom (GMT) UTC+0 04:00

Kinshasa, Democratic Republic of Congo (WAT) UTC+1 05:00

Paris, France (CET) UTC+1 05:00

Islamabad, Pakistan (PKT) UTC+5 09:00

Singapore (SGT) UTC+8  12:00

Tokyo, Japan (JST)  UTC+9 13:00

Melbourne, Australia (AEDT) UTC+11 15:00

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DST starts/ends on Sunday 31 of March 2019, 2:00 or 3:00 local time (with
exceptions) for EU countries and on Sunday 10 of March 2018 for the US.

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For other places see http://www.timeanddate.com and
http://tinyurl.com/y3nkmj82
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