[council] GNSO Council resolution 21 October 2020

Rafik Dammak rafik.dammak at GMAIL.COM
Wed Oct 21 07:44:59 EEST 2020 

Hi all,

please find below what was approved by GNSO council in consent agenda today.

Best,

Rafik

---------- Forwarded message ---------
De : Nathalie Peregrine <nathalie.peregrine at icann.org>
Date: mer. 21 oct. 2020 à 21:04
Subject: [council] GNSO Council resolution 21 October 2020
To: council at gnso.icann.org <council at gnso.icann.org>
Cc: gnso-secs at icann.org <gnso-secs at icann.org>


Dear all,



Please find below the resolution from the GNSO Council at the meeting Part
1 on Wednesday 21 October 2020 which will be posted shortly on the GNSO
resolutions
<https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_en_council_resolutions_2020&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=PDd_FX3f4MVgkEIi9GHvVoUhbecsvLhgsyXrxgtbL10DTBs0i1jYiBM_uTSDzgqG&m=ZSgASD1EuH-U7lIp4Tv5rZ7qbpaQd30Zx7zYM0-pUk0&s=fX9ASCG1j6_lmUZBaZPCSK8a5HGDv7G_X0ZM7ChsG_k&e=>
page.



*Item 3: Consent Agenda *

3.1 - Action Decision Radar
<https://community.icann.org/download/attachments/40175174/program_management_tool_20200924.pdf?version=1&modificationDate=1599834261000&api=v2>
- Next
Steps for WHOIS Conflicts Procedure Implementation Advisory Group

The GNSO Council has considered the proposed immediate actions and
subsequent steps as outlined in the WHOIS Conflicts Procedure IAG (WHOIS
IAG) Small Team’s proposal
<http://mm.icann.org/pipermail/council/attachments/20201006/2a0c0c3e/SummaryofWHOISConflictsProcedureIAGSmallTeamProposal-0001.docx>.
The proposal outlines recommended next steps to consider with respect to
modifying the implementation of the WHOIS Conflicts Procedure, in light of
public comments received and changes to data protection law that may have
affected the implementation of the Procedure. Specifically, the GNSO
Council requests:

   1.  ICANN org, in consultation with contracted parties, to draft a
   proposal for a modification to the existing Procedure based on its past
   experience with both the WHOIS Conflicts Procedure and the registrar data
   retention waiver process. In formulating the draft proposal, the GNSO
   Council recommends that ICANN org consider changes to data protection law
   that may have affected the previous implementation of this Procedure in
   light of the contractual requirements, e.g., the General Data Protection
   Regulation. For example, should the identification of a new trigger to
   activate the procedure be considered given potential financial penalties
   under GDPR?
   2. Following receipt of the proposal from ICANN org, the GNSO Council
   will consider the proposal and assess next steps, including seeking input
   from the community, if appropriate, given the substance of the proposal.
   Following the GNSO Council’s consideration, the GNSO Council may choose to
   adopt the proposal.
   3. If the GNSO Council does not deem the proposal appropriate:
      1. the GNSO Council will recommend a small group of Council
      volunteers to review the WHOIS IAG draft charter
      <https://gnso.icann.org/sites/default/files/file/field-file-attach/draft-icann-procedure-whois-conflicts-iag-23jan18-en.pdf>
and
      confirm it is still fit for purpose; and
      2. Following confirmation of the Charter by the GNSO Council, the
      GNSO Council recommends launching the call for volunteers for the WHOIS
      IAG, taking into consideration the GNSO Council’s upcoming workload. For
      example, the call for volunteers may need to be postponed if no community
      bandwidth is available to immediately consider the issues. In
the meantime,
      ICANN org, in conjunction with the EPDP Phase 1 IRT, will need to update
      relevant terminology pursuant to EPDP Phase 1, Rec. 27.
   4. Should the GNSO Council consider the outcome developed from the WHOIS
   IAG unacceptable, the GNSO Council will consider initiating an EPDP to
   either change or repeal the Consensus Policy.

3.2 - Action Decision Radar
<https://community.icann.org/download/attachments/40175174/program_management_tool_20200924.pdf?version=1&modificationDate=1599834261000&api=v2>
-
Per the rationale
<https://gnso.icann.org/en/drafts/draft-epdp-idn-policy-2-11oct20-en>
circulated
on 11 October 2020, Council agrees to launch a call for volunteers for a
small team to develop both a draft charter and an EPDP scoping document for
the IDN Policy Track 2.

3.3 - Following the GNSO Council’s consideration of the proposed immediate
actions and subsequent steps as outlined here
<https://gnso.icann.org/sites/default/files/file/field-file-attach/epdp-2-priority-2-items-10sep20-en.pdf>,
the GNSO Council directs:

*EPDP Phase 2a – Legal/natural and feasibility of unique contacts*

   1. The GNSO Policy Support Team communicate to the groups that have
   appointed members to the EPDP Team that the Council is expected to instruct
   the EPDP Team to further consider the topics of legal/natural and
   feasibility of unique contacts per the instructions above, as well as the
   expected timeframe, provided herein for reference, “[a]t the latest 3
   months after reconvening, the Chair of the EPDP Team and GNSO Council
   Liaison to the EPDP will report back to the GNSO Council on the status of
   deliberations. Based on this report, which is expected to include an update
   on progress made and the expected likelihood of consensus recommendations,
   the GNSO Council will decide on next steps, which could include providing
   additional time for the EPDP to finalize its recommendations or termination
   of the EPDP if it is clear that no progress is being made or consensus is
   unlikely). Request groups to:
      1. Commence process of confirming members availability and/or re-
      appointing members to work on these topics. Proposed deadline:
15 November.
      2. Start developing proposals to address these topics, factoring in
      deliberations to date, that will allow the EPDP Team to kickstart
      deliberations on these topics when it reconvenes.”
   2. The Council leadership to initiate an Expression of Interest Process
   to identify a new Chair.

The EPDP Team shall recommence its deliberations upon selection and
confirmation of a new Chair; however, should no suitable candidates be
found or should the appointment process require significant time, Council
leadership will inform the Council accordingly and recommend commencement
of deliberations under the leadership of the GNSO Council liaison to the
EPDP Team.

*Accuracy:*

   1. The GNSO Policy Support Team communicates to GNSO SG/Cs, as well as
   ICANN Advisory Committees that have expressed an interest in the topic of
   accuracy, the intent of the GNSO Council to launch a scoping team on this
   topic. Request groups to:
      1. Start thinking about members that have relevant knowledge and
      expertise that should join this effort once the scoping team launches.
      2. Start compiling relevant information and suggestions that would
      allow kickstarting the discussions on 1. and 2. once the scoping team is
      formed (see here
      <https://gnso.icann.org/sites/default/files/file/field-file-attach/epdp-2-priority-2-items-10sep20-en.pdf>
for
      resources already identified).
   2. Council leadership to request ICANN Org to develop a briefing
   document that outlines both (i) existing accuracy requirements and programs
   and (ii) the corresponding impact that GDPR has had on implementing /
   enforcing these requirements and programs. The document, once delivered,
   will be provided to the scoping team to inform its deliberations.
   3. GNSO Council to consider in the context of the Council Action /
   Decision Radar, the appropriate starting time for this effort, factoring in
   other projects that are in the pipeline.

3.4 - Confirmation of the Recommendations Report
<https://gnso.icann.org/sites/default/files/file/field-file-attach/draft-epdp-phase-2-report-08oct20-en.pdf>
to
the ICANN Board regarding adoption of recommendations 1-22 contained in the
Final Report from the EPDP Temporary Specification for gTLD Registration
Data – Phase 2.

3.5 - Appointment of the GNSO Liaison to the Governmental Advisory
Committee (motion <https://community.icann.org/x/OgebC>)



Vote results
<https://gnso.icann.org/en/meetings/gnso-council-motion-recorder-21oct20-en.pdf>



Thank you.



Kind regards,



Nathalie


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