Special Summary Report of 24 Aug 2023 Meeting to ALAC

For brevity, I will just highlight a few things here. For some of the issues, you can glean a wider perspective from GNSO Council Aug 2023 Matters of Interest and/or from GNSO Council Aug 2023 Meeting Records.

1. Consent Agenda Item - 2023 Customer Standing Committee (CSC)

• Council approved the slate of 2023 CSC Members and Liaison, which include the liaison and alternate appointed by ALAC, Holly Raiche and Ejikeme Egbuogu, respectively, for the 2023 - 2025 term.

2. Next Round of New gTLDs / Subsequent Procedures 38 Pending Recommendations & "Other Dependencies"

• Since after ICANN77, the GNSO Council Small Team on SubPro has continued to work with the Board SubPro Caucus co-leads, Avri Doria and Becky Burr, in developing the Council's 2 next sub-deliverables in respect of the 38 Pending Recommendations. This involves bifurcating the 38 recommendations into 2 broad groups: 

• • Group (1) covers Recommendations on the following SubPro Topics which were assessed and are understood to merely require clarifying statements by Council for the Board's consideration in context of the Board's concerns, in order to facilitate adoption by the Board.  
  • Due to a late request by the ICANN Board for more time as "[t]he Board would like to propose a small tweak to the language [in the clarifying statements for Recommendations 9.1, 9.4, 9.8, 9.9, 9.10, 9.12, 9.13, 30.1, 31.16 and 31.17 (all regarding the enforceability of PICs and RVCs) to ensure that it is crystal clear", the recommendations where there is an expectation that the GNSO Council can resolve the ICANN Board concerns via a Clarifying Statement was amended to cover:
    • Topic 3: Applications Assessed in Rounds - Recommendations 3.1,3.2, 3.5, 3.6, 3.7
    • Topic 6: Registry Service Provider Pre-Evaluation - Recommendation 6.8
    • Topic 9: Registry Voluntary Commitments / Public Interest Commitments - Recommendations 9.1, 9.4, 9.8, 9.9, 9.10, 9.12, 9.13, 9.15
    • Topic 26: Security and Stability - Recommendation 26.9
    • Topic 29: Name Collision - Recommendation 29.1
    • Topic 30: GAC Consensus Advice and GAC Early Warning - Recommendation 30.7
    • Topic 31: Objections - Recommendations 31.16, 31.17
    • Topic 34: Community Applications - Recommendation 34.12
    • Topic 35: Auctions - Recommendations 35.3, 35.5
  • The resulting Clarifying Statement as at 23 Aug which was adopted by Council  for Group (1) recommendations is found at this link.

Action by ALAC Liaison

• • • To continue participating in Small Team to ensure clarifying statement captures existing ALAC positions, as relevant/needed.

• • Group (2) covers the remaining pending recommendations for which the Council Small Team will continue to work on in light of the clear signal by the Board SubPro Caucus co-leads that the Board will very likely decline to adopt as they currently read. The Small Team's scope of work here includes considering whether such recommendations should be revised, and if so, how - either through the 'GNSO Operating Procedures section 16' path (which would involve reconvening the SubPro PDP WG), or through a 'Supplemental Recommendation' path for which Council will need to determine the mechanism to produce such supplemental recommendation.

Action by ALAC Liaison
To continue participating in Small Team to ensure clarifying statement captures existing ALAC positions, as relevant/needed, or to advocate for the inclusion of input outside of GNSO where Council opts for the 'Supplemental Recommendation' path.

c. Closed Generics Framework

• • Council received a substantive update on the status of the Closed Generics Framework produced by the GAC-GNSO-ALAC Dialogue small team, post a review of community comments received in response to the request for comments on the Draft Closed Generics Framework which closed on 15 Jul 2023. 
  • The Chairs of the GAC, GNSO and ALAC convened to discuss what should happen with this Closed Generics Framework, namely whether there was sufficient community consensus for it to move to a GNSO policy development process. They concluded there was not and that there was not sufficient demand to take it further through a policy process. As a result, the GNSO Chair, GAC Chair, and ALAC Chair plan to send a separate communication to the ICANN Board that reflects the decision they took and, as stated in the letter, expressing the collective view that:

    • (1) closed generic gTLDs should not be viewed as a dependency for the next round; 

    • (2) until there is community-developed policy, the Board should maintain the position from the 2012 round (i.e., any applications seeking to impose exclusive registry access for "generic strings" to a single person or entity and/or that person's or entity's Affiliates (as defined in Section 2.9(c) of the Registry Agreement) should not proceed; and

    • (3) should the community decide in the future to resume the policy discussions, this should be based on the good work that has been done to date in the facilitated dialogue. 

  • This outcome was pre-empted by ALAC Chair Jonathan Zuck at the CPWG call on 9 August.

3. Next Round of New gTLDs - Standing Predictability Implementation Review Team (SPIRT) 

• In its Final Report, the Subsequent Procedures Working Group recommended “the formation of a Standing Predictability Implementation Review Team (‘SPIRT’) (Pronounced ‘spirit’) to serve as the body responsible for reviewing potential issues related to the Program, to conduct analysis utilizing the framework, and to recommend the process/mechanism that should be followed to address the issue (i.e., utilize the Predictability Framework). The GNSO Council shall be responsible for oversight of the SPIRT and may review all recommendations of the SPIRT in accordance with the procedures outlined in the GNSO Operating Procedures and Annexes thereto.”
• Council discussed the task of chartering (not constituting) the SPIRT and concluded that it would be useful to set up a chartering team to include participation from the At-Large/ALAC, GAC and other parts of the community.

Action by ALAC Liaison
To alert the ALAC on timing of the call to form the SPIRT chartering team, in due course.

4. Discussion Paper on .Quebec 

• The GNSO Chair led the commentary on this issue which essentially concluded that the issue of .quebec (TLD) not being a variant of “.québec” did not require an immediate resolution and one that did not squarely sit in the remit of the Expedited Policy Development Process on Internationalized Domain Names (EPDP on IDNs).

5. GNSO Council Committee for Overseeing and Implementing Continuous Improvement (CCOICI) Recommendations Report on Review of the Statement of Interest (SOI) Requirements 

• Council received an overview of the CCOICI Recommendations Report on the SOI Requirements which concluded that no consensus was reached on the ability to exempt participants from declaring in their GNSO SOI who they represented whenever they participated in a PDP in case of professional ethical obligations preventing complications
• Although it was recommended that the GNSO SOI format be updated to form two parts (see below), the existing SOI language in relation to exemption is to remain as is.
  
  • a) General Statement of Interest which contains general information about a participant (parent).
    
  • b) Activity Specific Statement of Interest which contains information that is provided specific to the activity, for example, motivation for participation (child)