[council] Final Proposed Agenda GNSO Council Meeting - 19 September 2019 at 21:00 UTC

Fri Sep 13 17:50:04 EEST 2019

hi all,

please find below the agenda for the next GNSO Council meeting. We will
have our usual monthly NCSG Policy confcall next week to discuss the topics
in the agenda and GNSO council updates. The details about the call were
already shared by Maryam to the list and reminder will be sent prior to the
meeting.
For those interested to listen to the council call, you can follow through
the streaming  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

Best Regards,

Rafik

---------- Forwarded message ---------

Dear all,

Please find below the final proposed agenda for the GNSO Council Meeting on
19 September 2019 at 21:00 UTC.
Final GNSO Council Agenda 19 September 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/MY-kBg

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/y29q6mfl

16:00 Los Angeles; 17:00 Washington; 22:00 London; (next day) 02:00
Islamabad; 06:00 Tokyo; 07:00 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/draft-minutes-18jul2019-gnso-council-en.pdf>
of the GNSO Council meeting on the 18 July 2019 were posted on the 02
August 2019

Minutes
<https://gnso.icann.org/sites/default/files/policy/2019/minutes/minutes-council-22aug19-en.pdf>
of the GNSO Council meeting on the 22 August 2019 were posted on the 6
September 2019

*Item 2: Opening Remarks / Review of Projects & Action List (10 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 (0 minutes) *

   - None

*Item 4: COUNCIL DISCUSSION – ICANN Board referrals of CCT-RT
recommendations to GNSO Council and GNSO PDP WGs* *(10 minutes)*

On 10 June 2019, ICANN org communicated to the GNSO Council that the ICANN
Board resolution passed on 1 March 2019 – see
https://www.icann.org/resources/board-material/resolutions-2019-03-01-en
[icann.org] - calls for a set of Competition, Consumer Trust, and Consumer
Choice Review Team (CCT-RT) Final Recommendations to be passed through to
community groups. As articulated in the Board resolution, “recognizing that
the Board has the obligation and responsibility to balance the work of
ICANN in order to preserve the ability for ICANN org to serve its Mission
and the public interest, the Board decided on three categories of action”:

   - Accepting recommendations, subject to costing and implementation
   considerations;
   - Placing recommendations (in whole or in part) in "Pending" status,
   directing ICANN org to perform specific actions to enable the Board to take
   further actions;
   - Passing recommendations (in whole or in part) to community groups the
   CCT-RT identified for their consideration. The Board noted fourteen such
   recommendations (9, 10, 12, 16, 19, 20, 25, 27, 28, 29, 32, 33, 34, 35).

The Council was specifically invited to review to pages 1-4 of the scorecard
https://www.icann.org/en/system/files/files/resolutions-final-cct-recs-scorecard-01mar19-en.pdf[icann.org]
which compile pass-through recommendations, including the groups they are
addressed to. The recommendations the ICANN Board resolved to pass through
to the GNSO Council, in whole or in part, for its consideration:

   - *Recommendation 10*.
   - *Recommendation 16 (in part)* Note: this recommendation was also
   passed through to the New gTLD Subsequent Procedures PDP WG, Registries
   Stakeholder Group, Registrar Stakeholder Group, Generic Names Supporting
   Organization, Second Security, Stability & Resiliency of DNS Review Team as
   suggested by the CCT-RT. In the scorecard, the Board noted that “it is not
   accepting the policy directives that may be inherent here but rather,
   passes on such elements of the recommendation to the relevant community
   groups to consider”.
   - *Recommendation 27*.
   - *Recommendation 28*.
   - *Recommendation 29*. Note: this recommendation was also passed through
   to the New gTLD Subsequent Procedures PDP WG, as suggested by the CCT-RT.
   To inform work relating to recommendations 29 and 30, the ICANN Board
   suggested that the New gTLD Subsequent Procedures PDP WG could take on,
   “should they choose to do so, defining the term ‘Global South’ or agreeing
   on another term to describe underserved or underrepresented regions or
   stakeholders in coordination with ICANN org”*.*

The Board noted in its resolution that: “in passing these recommendations
through, the Board is neither accepting, nor rejecting the recommendations.
[…] Passing recommendations through to community groups is not a directive
that the groups identified should formally address any of the issues within
those recommendations. It is within the purview of each group to identify
whether work will be taken on and the topics that the group will address”

A small group of Council volunteers reviewed the recommendations passed
through to the GNSO Council as well as a number of Recommendations were
passed through to gTLD Subsequent Procedures PDP Working Group and/or
Rights Protection Mechanisms (RPM) PDP Working Group.  In order to have a
better picture of where all the Recommendations passed to the GNSO and its
PDPs stand, the GNSO Chair is planning to write to the leadership of the
Working Groups seeking their feedback.

An initial draft with the small team's proposed GNSO Council response to
those 5 Recommendations passed through directly to the GNSO were circulated
to the GNSO Council on 23 July for review and consideration [
https://gnso.icann.org/sites/default/files/file/field-file-attach/proposed-council-response-cct-review-team-recommendations-23jul19-en.pdf
].

Here the Council will consider the initial draft and whether and how to
coordinate with the PDP WGs to which recommendations were also passed
through.

4.1 – Introduction of topic (Pam Little)

4.2 – Council discussion

4.3 – Next steps

*Item 5: COUNCIL DISCUSSION – Discussion of the Inter-Registrar Transfer
Policy (IRTP) Policy Status Report and Council next steps (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
<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 taking into account the Transfer Policy Review briefing
document
<https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_en_drafts_transfer-2Dpolicy-2Dreview-2Dbriefing-2D13sep19-2Den.pdf&d=DwMFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=k7uKdjSb7_ZjItyVqrCYHo_rKms9SFxlmbYEJqG-y9I&m=K2gsVHn5xkpR0vfhwmLIR2Q4NJFgwLnisVetSryS-Ac&s=csE5WnckRgHb1unGnv--Adlbu8vMBExgrwsCsAnQSPA&e=>
prepared by staff and the recent feedback from the Registrar Stakeholder
Group (RrSG) regarding its suggested approach.

5.1 – Introduction of topic (Council leadership)

5.2 – Council discussion

5.3 – Next Steps

*Item 6: COUNCIL DISCUSSION – Draft 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 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 draft amendments
<https://gnso.icann.org/sites/default/files/file/field-file-attach/rpms-charter-addendum-10sep19-en.pdf>
to the RPMs PDP charter, which was shared with the Council on 10 September
2019.

Here, the Council will discuss the draft, but take no action at this time.
Consultation with the GAC/IGOs is still required before a motion can be
submitted.

6.1 – Introduction of topic (Council leadership / Small team)

6.2 – Council discussion

6.3 – Next Steps

*Item 7: COUNCIL DISCUSSION – ICANN Org’s Request for Clarification on Data
Accuracy and Phase-2 of the Expedited Policy Development Process (EPDP) on
the Temporary Specification for gTLD Registration Data  (10 minutes)*

On 21 June 2019, the GNSO Council received a letter
<https://gnso.icann.org/sites/default/files/file/field-file-attach/marby-to-drazek-21jun19-en.pdf>
from ICANN Org, which was seeking a better understanding of the Expedited
Policy Development Process (EPDP) Team’s plans “to consider the subject of
"data accuracy" as it relates to gTLD registration data and related
services, such as the WHOIS Accuracy Reporting System (ARS)
<https://whois.icann.org/en/whoisars>.”

Further, “ICANN org notes that footnote #6 on page 7 of the EPDP Phase 1
Final Report states: “The topic of accuracy as related to GDPR compliance
is expected to be considered further as well as the WHOIS Accuracy
Reporting System.” However, it is not clear who would consider this topic
and when. Therefore, ICANN org seeks the GNSO Council’s clarification on
whether the Phase 2 EPDP Team will be considering the subject of data
accuracy, including projects that utilize gTLD registration data, such as
WHOIS ARS.”

The GNSO Council prepared a response to acknowledge the  letter reception.
However, the Council still needs to prepare its substantive input to the
request from ICANN org. A small team has been working on that substantive
response and will provide their initial thoughts on the key themes to be
contained in the response.

Here, the small team will lead a discussion on the themes of the
substantive response.

7.1 – Introduction of topic (Council leadership / small team)

7.2 – Council discussion

7.3 – Next steps

*Item 8: COUNCIL DISCUSSION -  EPDP P1 Recommendation 27: ICANN Org’s
Assessment of Impact From GDPR on Existing Policies / Procedures (15
minutes)*

*In the Temporary Specification for gTLD Registration Data Expedited Policy
Development Process Team Phase 1 (EPDP P1) **Final Report*
<https://gnso.icann.org/sites/default/files/file/field-file-attach/epdp-gtld-registration-data-specs-final-20feb19-en.pdf>*,
recommendation #27 asked that during the implementation of the policy
recommendations, existing policies / procedures be made consistent with the
changes to required data elements.*

*ICANN org prepared a draft work plan to address EPDP Phase 1
Recommendation 27, which was **shared*
<https://mm.icann.org/pipermail/council/2019-August/022994.html>* with the
GNSO Council and IRT on 27 August.*

Here, the Council will receive an update from ICANN Org on the status of
its implementation work to date on this recommendation.

8.1 – Introduction of topic (ICANN org - Karen Lentz)

8.2 – Council discussion

8.3 – Next steps

*Item 9: COUNCIL DISCUSSION - PDP 3.0 Small Group Update/Discussion (10
minutes)*

In advance of the 22 August 2019 GNSO Council meeting, the PDP 3.0 Small
Team completed five (5) out of fourteen (14) PDP 3.0 improvements, provided
an update, and requested feedback by 13 September 2019. Work continued on
the rest of the nine (9) improvements in the pipeline, which are at various
levels of progress. While a number of improvements are nearing completion,
they are not yet at a point where they are ready for Council review.

The PDP 3.0 small group has prepared a work plan that covers items leading
up to ICANN66, as well as additional elements needed to complete the
project.

The PDP 3.0 small group is expected to provide a factual update of the work
to date to the public comment period for the Next Steps to Improve the
Effectiveness of ICANN’s Multistakeholder Model
<https://www.icann.org/public-comments/multistakeholder-model-next-steps-2019-08-27-en>.
Given the connections between the topics, the PDP 3.0 small group believes
that it is in a good position to provide that update.

Here, the Council will receive an update on progress made to date and the
work plan to complete the PDP 3.0 implementation.

9.1 - Introduction of topic (Rafik Dammak)

9.2 - Council discussion

9.3 - Next steps

*Item 10: COUNCIL DISCUSSION - Draft Response to the Verisign Request to
Defer Enforcement of the Thick WHOIS Transition Policy (10 minutes)*

On 29 July 2019, Verisign wrote
<https://www.icann.org/en/system/files/correspondence/kane-to-namazi-29jul19-en.pdf>
to ICANN org again requesting an extension to the current implementation
plan for the Thick WHOIS Transition Policy by one year. The ICANN Board
wrote
<https://gnso.icann.org/sites/default/files/file/field-file-attach/chalaby-to-drazek-27aug19-en.pdf>
to the GNSO Council, asking for the Council’s views on whether it believes
the request should be granted. The ICANN Board requested response during or
immediately following the GNSO Council meeting on 19 September. A draft
response <https://mm.icann.org/pipermail/council/2019-September/023022.html>
was circulated on 6 September, which notes the expected policy work related
to the Thick WHOIS Transition Policy, but also notes that the request for
deferral is from an ICANN Contracted Party and is not a matter of policy
development.

Here, the Council will discuss the draft and the underlying conclusions and
rationale.

10.1 - Introduction of topic (Rafik Dammak and Pam Little)

10.2 - Council discussion

10.3 - Next steps

*Item 11: COUNCIL DISCUSSION - Draft Response to Questions on the
Independent Review Process Oversight Team (IRP-IOT) (10 minutes)*

On 09 May 2019, ICANN org published a Call to Action for the Independent
Review Process Standing Panel, which was intended to help the Independent
Review Process Implementation Oversight Team (IRP-IOT) in its critical role
of implementing the updated IRP. ICANN org published a series of questions,
posed to the various Supporting Organizations and Advisory Committees,
seeking input to pending issues.

The GNSO convened a small team, tasked with preparing a draft response
<https://gnso.icann.org/sites/default/files/file/field-file-attach/drazek-et-al-to-eisner-10sep19-en.pdf>
on behalf of the Council.

Here, the small team will seek feedback from the Council on its draft
response.

11.1 - Introduction of topic (Small Team)

11.2 - Council discussion

11.3 - Next steps

*Item 12: ANY OTHER BUSINESS (5 minutes)*

12.1 - Draft GNSO Council letter
<https://gnso.icann.org/sites/default/files/file/field-file-attach/gnso-council-to-icann-board-13sep19-en.pdf>
to the ICANN Board regarding potential dependencies between the Name
Collisions Analysis Project (NCAP) and New gTLD Subsequent Procedures.

12.2 - Approval of the 2019 slate of Members and Liaisons on the Customer
Standing Committee (CSC) - possible email vote

_______________________________

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+11 (+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/y29q6mfl
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