[council] Final Proposed Agenda GNSO Council Meeting - 28 May 2019 at 21:00 UTC

Fri May 24 05:24:21 EEST 2019

hi all,

please find below the agenda for the GNSO Council extraordinary meeting
scheduled for the 28th May 21:00UTC. There will be streaming as usual and
you can listen to the call with this link
http://stream.icann.org:8000/stream02.

Best Regards,

Rafik

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

Please below find the final proposed agenda for the GNSO Council Meeting on
28 May 2019 at 21:00 UTC.
Final GNSO Council Agenda 28 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/p4GjBg
<https://community.icann.org/display/gnsocouncilmeetings/Documents+28+May+2019>

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: 21:00 UTC: *https://tinyurl.com/yxwsy8v5*
<https://tinyurl.com/yxwsy8v5>

14:00 Los Angeles; 17:00 Washington; 22:00 London; 02:00 Islamabad; 06:00
Tokyo; 07:00 Melbourne

GNSO Council Meeting Audio Cast

Listen in browser: http://stream.icann.org:8000/stream02

Listen in application such as iTunes:
http://stream.icann.org:8000/stream02.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-18apr19-en.pdf>of
the GNSO Council meeting on the 18th April were posted on the 4th May 2019

Minutes of the GNSO Council meeting on the 16th May will be posted on the
31st May 2019

*Item 2: COUNCIL DISCUSSION - Expedited PDP on the Temporary Specification
Phase 1 (50 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 Expedited
Policy Development Process on the Temporary Specification for gTLD
Registration Data 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
determination on 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 this meeting, the Council shall review the Board
Statement and consider next steps. 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.*

2.1 – Introduction of topic (Council leadership)

2.2 – Council discussion

2.3 – Next steps

*Item 3: COUNCIL DISCUSSION – IGO-INGO Access to Curative Rights Protection
Mechanisms (25 minutes)*

On 9 July 2018, the PDP WG submitted its Final Report
<https://gnso.icann.org/sites/default/files/file/field-file-attach/igo-ingo-crp-access-final-17jul18-en.pdf>
to the GNSO Council for its consideration, which contains five consensus
recommendations, along with three Working Group member minority statements,
documenting their disagreement either with one or more of the final
recommendations or other parts of the Final Report.

On its 19 July Council meeting, the Council resolved
<https://gnso.icann.org/en/council/resolutions#201806> to accept the Final
Report from the IGO-INGO Access to Curative Rights Mechanisms PDP Working
Group, where it noted that it would consider the topic of curative rights
protections for IGOs in the broader context of the appropriate overall
scope of protection for all IGO identifiers.

On 9 October 2018, the Council held a question and answer webinar to review
the recommendations and to ask itself a series of questions, 1) Does the
Council believe that the PDP has addressed the issues that it was chartered
to address (i.e. What questions/topics was the Working Group chartered to
consider, did it consider those charter topics/questions, and did it do so
in a legitimate way)?; 2) Has the PDP followed due process?; and 3) Did the
PDP Working Group address GAC advice on the topic?

A motion to consider the Final Report was originally submitted on the 24
October 2018 Council meeting agenda but was withdrawn due to concerns
around both the process followed by the PDP, as well as the substance of
the PDP WG’s recommendations. Council leadership and staff developed a
summary document (Summary Paper
<https://gnso.icann.org/en/drafts/igo-ingo-crp-access-final-28nov18-en.pdf>
and Slide Deck
<https://gnso.icann.org/en/drafts/igo-ingo-crp-procedural-options-council-29nov18-en.pdf>)
that lists issues raised by Councilors, options available, and potential
considerations. During the November meeting, the Council considered a set
of available options and briefly discussed possible next steps.

On 20 December 2018, Council leadership circulated a proposal
<https://mm.icann.org/pipermail/council/2018-December/022153.html> for next
steps. Council leadership has since sent a reply
<https://gnso.icann.org/en/correspondence/gnso-council-to-ismail-14jan19-en.pdf>
to the GAC, in response to a letter received during ICANN63. On the 24
January 2018 Council meeting, the Council discussed the proposal prepared
by Council leadership. On 14 February 2019, the Council further discussed
next steps and agreed to consult with the Governmental Advisory Committee,
both before and at ICANN64. The GNSO Council and GAC had productive
discussions, where the Council discussed procedural options that it is
considering. The GAC’s Kobe Communique
<https://gac.icann.org/contentMigrated/icann64-kobe-communique>noted the
GAC’s “fruitful exchanges with the GNSO Council regarding the possibility
of restarting the PDP on curative protections, under conditions amenable to
all interested parties, including IGOs and interested GAC members, with a
view to achieving mutually acceptable results [with] a timeline with a
targeted date associated with such a course of action.” Based on the
Council discussions and consultation with the GAC, the Council believes
that it has thoroughly considered the available options. On 18 April 2019,
the Council resolved <https://gnso.icann.org/en/council/resolutions#201904>
to approve recommendations 1-4 and refer recommendation 5 to be considered
by the RPMs PDP as part of its Phase 2 work.

As part of its Consent Agenda, on 16 May 2019, the Council confirmed the
transmission of the Recommendations Report
<https://gnso.icann.org/sites/default/files/file/field-file-attach/council-recommendations-pdp-igo-ingo-crp-access-final-16may19-en.pdf>
to the ICANN Board. On 23 May, the GAC sent a letter
<https://gnso.icann.org/en/correspondence/ismail-to-drazek-23may19-en.pdf>
to the GNSO Council, noting that approving recommendations 1-4 and
referring recommendation 5 to the RPMs PDP is contrary to longstanding GAC
Advice. The GAC therefore hopes the Council can confirm its willingness to
participate in a Board facilitated discussion and requests response by 31
May 2019.

Here, the Council will consider the letter received from the GAC and
consider the best path forward.

3.1 – Introduction of topic (Council leadership)

3.2 – Council discussion

3.3 – Next steps

*Item 4: ANY OTHER BUSINESS (5 minutes)*

_______________________________

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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California, USA (PDT) UTC-7  14:00

San José, Costa Rica (CST) UTC-6 15:00

New York/Washington DC, USA (EDT) UTC-4 17:00

Buenos Aires, Argentina (ART) UTC-3 18:00

Rio de Janeiro, Brazil (BRT) UTC-3 18:00

London, United Kingdom (GMT) UTC+1 22:00

Kinshasa, Democratic Republic of Congo (WAT) UTC+1 22:00

Paris, France (CET) UTC+2 23:00

Moscow, Russia (MSK) UTC +3 (+1 day)  00:00

Islamabad, Pakistan (PKT) UTC+5 (+1 day) 02:00

Singapore (SGT) UTC+8 (+1 day) 05:00

Tokyo, Japan (JST)  UTC+9  (+1 day) 06:00

Melbourne, Australia (AEDT) UTC+10 (+1 day) 07:00

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DST starts/ends on Sunday 27 of October 2019, 2:00 or 3:00 local time (with
exceptions) for EU countries and on Sunday 03 of November 2019 for the US.

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For other places see http://www.timeanddate.com and
https://tinyurl.com/yxwsy8v5
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