[council] Final Proposed Agenda GNSO Council Meeting - 16 May 2019 at 12:00 UTC
Rafik Dammak
rafik.dammak at GMAIL.COM
Thu May 9 14:31:58 EEST 2019
Hi all,
Please find below the agenda of next GNSO council meeting next week on 16th
May at 12:00UTC.
We will have our regular monthly NCSG Policy call prior to the meeting to
go through the agenda. You will receive details in due course.
Best regards,
Rafik
---------- Forwarded message ---------
Dear all,
Please below find the final proposed agenda for the GNSO Council Meeting on
16 May 2019 at 12:00 UTC.
Final GNSO Council Agenda 16 May 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/0IGGBg
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.
Coordinated Universal Time: 12:00 UTC: https://tinyurl.com/y3sdmvgw
05:00 Los Angeles; 08:00 Washington; 13:00 London; 17:00 Islamabad; 21:00
Tokyo; 22:00 Melbourne
GNSO Council Meeting Audio Cast
Listen in browser: http://stream.icann.org:8000/stream01
<https://urldefense.proofpoint.com/v2/url?u=http-3A__stream.icann.org-3A8000_stream01&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=PDd_FX3f4MVgkEIi9GHvVoUhbecsvLhgsyXrxgtbL10DTBs0i1jYiBM_uTSDzgqG&m=zgkoT0MW1YpCkTwgoQvLp_0mNbhePduvejEhv08Bxmw&s=nojYo9ROhg_17vhA1Z8nMMegeVrn_AbybJWqtrSF7xw&e=>
Listen in application such as iTunes:
http://stream.icann.org:8000/stream01.m3u
<https://urldefense.proofpoint.com/v2/url?u=http-3A__stream.icann.org-3A8000_stream01.m3u&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=PDd_FX3f4MVgkEIi9GHvVoUhbecsvLhgsyXrxgtbL10DTBs0i1jYiBM_uTSDzgqG&m=zgkoT0MW1YpCkTwgoQvLp_0mNbhePduvejEhv08Bxmw&s=LfpPhkvBsAtGoBzibM6f2f6Gao4GH9_mOzkA0DCLluA&e=>
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/file/field-file-attach/minutes-council-13mar19-en.pdf>
of
the GNSO Council meeting on the 13th March were posted on the 30 March 2019
Minutes
<https://gnso.icann.org/sites/default/files/policy/2019/minutes/minutes-council-18apr19-en.pdf>of
the GNSO Council meeting on the 16th April were posted on the 4th May 2019
1.5 - Introduction to Zoom
*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)*
· Confirmation of Julf Helsingius to serve on the CWWG on New gTLD
Auction Proceeds, replacing Stephanie Perrin
· Confirmation of the Recommendations Report to the ICANN Board
regarding adoption of recommendations 1-4 contained in the Final Report
from the IGO-INGO Access to Curative Rights Protection Mechanisms PDP.
*Item 4: COUNCIL DISCUSSION – Amendments 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
(15 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 RPM PDP
Working Group to reflect this new instruction accordingly.”
Here, the Council will begin initial conversations on how best to integrate
Recommendation 5 into the RPMs PDP Charter.
4.1 – Introduction of topic (Council leadership)
4.2 – Council discussion
4.3 – Next Steps
*Item 5: COUNCIL DISCUSSION – Discussion of the Inter-Registrar Transfer
Policy (IRTP) Policy Status Report (10 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
<https://gnso.icann.org/en/drafts/post-implementation-policy-review-framework-13apr18-en.pdf>
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 and on 22 April 2019, shared a Revised
Inter-Registrar Transfer Policy (IRTP) Status Report
<https://gnso.icann.org/issues/transfers/irtp-status-22apr19-en.pdf>.
As noted in the report, there are no prescribed next steps once the Council
is in receipt of the report.
As such, here, the Council will discuss possible next steps for the
Transfer Policy.
5.1 – Introduction of topic (Council leadership and Brian Aitchison, ICANN
org)
5.2 – Council discussion
5.3 – Next Steps
*Item 6: COUNCIL DISCUSSION – Legislative / Regulatory Report (15 minutes)*
As a result of the community’s experience in dealing with the European
Commission’s General Data Protection Regulation (GDPR) legislation, and
what is widely perceived as a late start in addressing the impact, the
community has sought to become more aware of local law that may have an
effect on the ability to create policy, conduct ongoing policy development,
or enforce compliance with existing policy.
In seeking to advance this goal, ICANN org, and in particular its
Governmental Engagement (GE) team, has been identifying and reporting on
high-level legislative developments around the world. The GE has released
three reports, the first in April 2018
<https://www.icann.org/news/blog/improving-our-planning-and-preparation>,
the second in August 2018
<https://www.icann.org/news/announcement-2018-08-30-en>, and the third
in January
2019 <https://www.icann.org/news/announcement-2019-01-31-en>. At ICANN64 in
Kobe, the Council discussed the usefulness of these reports and believe
that there is room for improvement, for instance, identifying the potential
impact of these local laws on the GNSO and/or other ICANN communities. The
Council has expressed a desire to meet with GE to help determine how the
Legislative / Regulatory Reports can be made more effective and useful.
Here, the Council will receive an update from GE and discuss areas for
improvement.
6.1 – Update (Mandy Carver, ICANN org)
6.2 – Council discussion
6.3 – Next steps
*Item 7: COUNCIL DISCUSSION - GNSO Input to the Independent Review Process
Standing Panel (15 minutes)*
Per the ICANN org’s Call to Action
<https://www.icann.org/news/blog/independent-review-process-standing-panel-call-to-action>,
“The IRP is an accountability mechanism provided by the ICANN Bylaws that
allows for third-party review of actions (or inactions) by the ICANN Board
or staff that are allegedly in violation of the Bylaws or Articles of
Incorporation. The IRP was updated through the work of the Cross Community
Working Group on Enhancing ICANN Accountability, to make the IRP more
transparent, efficient, and accessible, and designed to produce consistent
and coherent results that will serve as a guide for future actions. One
feature of the updated IRP is the establishment of a standing panel from
which panelists shall be selected to preside over each IRP dispute as
initiated.” At this stage, ICANN org is seeking to consult with the SOs and
ACs to establish the process by which members are selected to serve on the
standing panel to hear IRPs.
The Call to Action included a series of questions to help resolve pending
issues. Additional questions can also be found on the Wiki
<https://community.icann.org/display/ESPFIRP/Relevant+Documents>. However,
there was concern within the ICANN community that the Call to Action was
not widely seen, as it was an alternative form of soliciting public input
(e.g., the expectation is generally public comment). While the GNSO Council
recognizes the importance of providing input, it wishes to better
understand precisely what is being asked of it.
Here, the Council will receive an update and discuss next steps.
7.1 – Update (David McCauley, Chair of the IRP Implementation Oversight
Team, Samantha Eisner, ICANN org, Liz Le, ICANN Org)
7.2 – Council discussion
7.3 – Next steps
*Item 8: COUNCIL DISCUSSION - Non-registry GNSO Liaison to the Customer
Standing Committee (10 minutes)*
A key element of the IANA Stewardship was the establishment of the Customer
Standing Committee (CSC), whose role under the ICANN Bylaws
<https://www.icann.org/resources/pages/governance/bylaws-en/#article17> is
to, “monitor PTI's performance under the IANA Naming Function Contract and
IANA Naming Function SOW.
The mission of the CSC is to ensure continued satisfactory performance of
the IANA naming function for the direct customers of the naming services.
The direct customers of the naming services are top-level domain registry
operators as well as root server operators and other non-root zone
functions.”
In establishing the membership of the CSC, the GNSO has the option to
appoint a non-registry liaison. Since the CSC’s inception in 2016, that
role has been filled by James Gannon, whose term is set to expire in
October of 2019, though he has indicated a willingness to continue to serve
in that role for another term. The Council believes it will benefit from
gaining a better understanding of James’ experience serving on the CSC on
behalf of the GNSO.
Here, the Council will receive an update from James and discuss next steps.
8.1 – Update (James Gannon)
8.2 – Council discussion
8.3 – Next steps
*Item 9: COUNCIL DISCUSSION - Evolution of the Multistakeholder Model of
Governance (15 minutes)*
At ICANN63, the ICANN Board asked the community, “How should ICANN’s
multistakeholder model of governance and policy development process evolve
to balance the increasing need for inclusivity, accountability and
transparency, with the imperative of getting our work done and our policies
developed in a more effective and timely manner, and with the efficient
utilization of ICANN’s resources?” Based on community input to that
question, as well as other input that resulted in the inclusion of
Strategic Objective 2 in the Draft ICANN Strategic Plan for FY 2021-2025,
“Improve the effectiveness of ICANN’s multistakeholder model of
governance,” the ICANN Board organized a session at ICANN64, led by Brian
Cute as an independent facilitator, to continue the conversation with the
community.
Here, recognizing the similar objectives within the Council’s own PDP 3.0,
Brian would like to provide an update on the efforts to improve the
effectiveness of ICANN’s multistakeholder model of governance.
9.1 – Update (Brian Cute)
9.2 – Council discussion
9.3 – Next steps
*Item 10: ANY OTHER BUSINESS (5 minutes)*
10.1 - GNSO Chair election timeline
10.2 - Possible next steps for IDNs (IDN Implementation Guidelines and
Variant TLD Recommendations)
_______________________________
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 March and October Summer in the NORTHERN hemisphere
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San José, Costa Rica (CST) UTC-6 06:00
New York/Washington DC, USA (EDT) UTC-4 08:00
Buenos Aires, Argentina (ART) UTC-3 09:00
Rio de Janeiro, Brazil (BRT) UTC-3 09:00
London, United Kingdom (GMT) UTC+1 13:00
Kinshasa, Democratic Republic of Congo (WAT) UTC+1 13:00
Paris, France (CET) UTC+2 14:00
Moscow, Russia (MSK) UTC +3 15:00
Islamabad, Pakistan (PKT) UTC+5 17:00
Singapore (SGT) UTC+8 20:00
Tokyo, Japan (JST) UTC+9 21:00
Melbourne, Australia (AEDT) UTC+11 22:00
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