Dear all, Here is my report of the GNSO Council's 8 August 2024 meeting. As the next ALAC Monthly meeting is only scheduled for 27 August, I am happy to take questions sooner, rather than later. Please raise them, if any, in response to this email to ease follow up. Council had a very packed August meeting agenda <https://community.icann.org/display/atlarge/GNSO+Liaison+Report%2C+post-Oct+...>, including some amendments to the version I circulated on 30 July, so I have concentrated on what I think are the key matters of interest to us in my attempt to summarize this report. You can also read this report posted at the ALAC Liaison to the GNSO workspace <https://community.icann.org/x/mQK7Cg>, or by simply using the links included below to navigate to the August 2024 entry. *Special Summary Report of 8 Aug 2024 Meeting to ALAC <https://community.icann.org/display/atlarge/GNSO+Liaison+Report%2C+post-Oct+2021#Aug2024-SumRep_Aug2024>* For some of the issues, you can glean a wider perspective from GNSO Council Aug 2024 Matters of Interest <https://community.icann.org/display/atlarge/GNSO+Liaison+Report%2C+post-Oct+...> and/or from GNSO Council Aug 2024 Meeting Records <https://community.icann.org/display/atlarge/GNSO+Liaison+Report%2C+post-Oct+...> . *1. GNSO Liaison to the GAC* - A role piloted in FY2015-2016 now becomes permanent and integral in GNSO-GAC communication. *Sebastien Ducos *is appointed <https://community.icann.org/x/_oBsFQ>as the new GNSO Liaison for a 2-year term starting at end ICANN81 to end ICANN87, replacing *Jeff Neuman *who terms out. *Sophie Hey* is named as the alternate in the event the need for an alternate arises. *2. Standing Predictability Implementation Review Team (SPIRT, pronounced as spirit) Charter* - Council resolved to adopt the charter of the SPIRT, acknowledging the possibility of future amendments as a result of material changes to the Predictability Framework which could occur after the final public comment on the draft Applicant Guidebook (AGB) for the next round of new gTLDs. *3. Registration Data Accuracy (RDA) and Accuracy Scoping Team* - I am taking these two topics together as they are closely related issues, and ones which Council have been grappling with for some time now. - In short, the desire to somehow establish the accuracy of domain name registration data has not been able to be acted on as under GDPR, ICANN has no legal basis to process registration data for the purpose of assessing accuracy. With no data being legally available to ICANN, the Registration Data Accuracy (RDA) Scoping Team that had been initiated by Council in July 2021 has been unable to move forward since completing its Assignment #1 (on enforcement and reporting) and Assignment #2 (on measurement of accuracy) and having submitted its write up <https://mm.icann.org/pipermail/council/2022-September/025950.html> to Council on 5 September 2022. - During its most recent meetings in June <https://icann.zoom.us/rec/play/jj5JJKwEjF9JSAjTQumuFXIO7zvqqE9ga9OqnfZc3EY7N...> , July <https://icann.zoom.us/rec/play/piE7uFGLlsMuiPbHK34AtNYHeOKrrtDmOIghAH7gHu3Bl...>, and now, August, Council revisited and discussed the limitations noted by ICANN org resulting in limited value to proceeding with the RDA Scoping Team’s two recommendations (#1 and #2). Council also discussed the limited value in restarting the RDA Scoping Team due to limitations in access to data for the purpose of assessing accuracy. - However, given the importance of this issue within the ICANN community, Council decided to establish a new small team to see if there might be other ways to move forward - including reframing the issue(s) to perhaps focus on how registrants could be contacted for relevant reasons (such as DN abuse) in order to establish accuracy of their registration data rather than assessing accuracy for the sake of establishing accuracy of registration data. *4. SubPro Small Team Plus: Policy development on Singulars/Plurals of the Same Word in the Same Language as TLDs* - This an ongoing discussion at the GNSO Subsequent Procedures Small Team Plus, which I have been reporting on and discussing extensively at CPWG (see CPWG 15 May 2024 <https://community.icann.org/x/BADoEw>, 22 May 2024 <https://community.icann.org/x/_oEEF>, 10 Jul 2024 <https://community.icann.org/x/cQEsFQ>, 17 Jul 2024 <https://community.icann.org/x/yYE4FQ> , 31 Jul 2024 <https://community.icann.org/download/attachments/363069815/20240731v2%20-%20...> and 7 Aug 2024 <https://community.icann.org/download/attachments/363921841/20240807v1%20-%20...> ) - It is also the last of the recommendations, i.e. 2 recommendations under *String Similarity Evaluations, or more specifically, singular/plurals,* as contained in the Final Report on the new gTLD Subsequent Procedures PDP, which were not adopted by the ICANN Board. The Small Team Plus proceeded to craft a Supplemental Recommendation which attempted to address the Board's concerns/reasons for not adopting the 2 recommendations. - The Board also instructed ICANN org to propose an alternative to these 2 recommendations, to address the Board's reasons for non-adoption. Because of information received just prior to Council consideration in April 2024, Council elected to defer consideration of the Small Team Plus' Supplemental Recommendation. The new information received was a strawperson developed by ICANN org, which provided a potential path forward for singular/plurals. Council was asked to consider whether it felt that the strawperson was promising enough to task the Small Team Plus with considering whether strawperson, or and amended version, could be agreed upon. - NCA Councilor Paul McGrady, Small Team Plus lead, reported on the continued work of the Small Team Plus, which had started from consideration of the ICANN org strawperson around public crowdsourcing for reporting incidences of strings applied-for being caught as the singular/plural of the same word in the same language and if an exceptions process should be contemplated. - By "exceptions process", we mean could an applicant whose applied-for string that has been caught in such a singular/plural report be able to explain how its string would not lead to consumer/end user confusion - as against an existing TLD or another applied-for singular/plural string - if it were allowed to delegated, and if so, how (ie what criteria could be used, new process, vs existing process). - Noting that such an exceptions process must not rely on 'intent of use' (an approach which the Board has rejected) but could rely on other grounds, such as registrant restrictions, so long as if any Registry Voluntary Commitments (RVCs) were involved then these RVCs must be enforceable under the ICANN Bylaws and as a practicable matter. - The Small Team Plus eventually attempted to craft a second strawperson supplemental recommendation by fleshing out details the exceptions process but could not arrive at any clear consensus on the same. In an attempt to get the Small Team Plus to coalesce around something it could support, a third strawperson was proposed. That ultimately did not enjoy Small Team Plus' consensus agreement either, so a further attempt was made to revisit the original 2 recommendations, to extract portions which did not attract the Board's objections while discarding/replacing portions which did, and to account for the Board's resolution of 8 Jun 2024 on Approach for Handling Registry Commitments that Restrict Content and/or Usage of gTLDs in Next Round Registry Agreements <https://www.icann.org/en/board-activities-and-meetings/materials/approved-re...> . - At the time of this Council meeting, the Small Team Plus had not concluded its work and Council determined that the Small Team Plus must do so before/by Council's September 2024 meeting. *Action by ALAC Liaison* Justine to continue to update ALAC/CPWG on the progress of the Singular/Plurals issue. *4. Transfer Policy Review Policy Development Process (TPR PDP)* - TPR PDP Working Group Chair, Roger Carney, provided Council with an update on the working group's Initial Report, concentrating on highlighting the format of the report in an effort to make it more digestible to readers (including, eventually, the GNSO Council and ICANN Board). Councilors provided positive feedback to Roger on the format. *5. Intellectual Property Constituency Request for Reconsideration* - On 22 November 2023, the Intellectual Property Constituency (IPC) filed a Request for Reconsideration <https://www.icann.org/en/system/files/files/reconsideration-23-2-ipc-request...> of the ICANN Board Resolutions 2023.10.26.11 and 2023.10.26.122 <https://www.icann.org/en/board-activities-and-meetings/materials/approved-re...>, regarding (i) the actions and inactions that led to (a) the ICANN Board’s public comment of 6 December 2018 on the Initial Report <https://www.icann.org/en/system/files/files/new-gtld-auction-proceeds-initia...> of the Cross-Community Working Group on New gTLD Auction Proceeds (CCWG-AP), (b) the organization of the public comment phase <https://www.icann.org/en/public-comment/proceeding/proposed-final-report-of-...> on the Proposed Final Report <https://www.icann.org/en/system/files/files/proposed-new-gtld-auction-procee...> of the New gTLD Auction Proceeds Cross Community Working Group, (c) the ICANN Board Resolutions 2022.06.12.13 to 2022.06.12.16 , and (ii) the actions and inactions involving the implementation of the ICANN Grant Giving Program. - During its meeting at ICANN80 <https://icann80.sched.com/event/1dr33/gnso-council-meeting>, a few GNSO Councilors volunteered to draft a letter to the Board regarding the Request for Reconsideration <https://www.icann.org/en/system/files/files/reconsideration-23-2-ipc-request...> . - A draft letter has since been prepared and Council agreed that it should be issued to the Board shortly, and that Council would socialize this letter with other SO/ACs so that they may choose to also provide input to the Board on this issue. *Action by ALAC Liaison* Justine to bring Council's letter on IPC's Request for Reconsideration to the attention of ALAC Leadership/ALAC. *6. Input on ICANN Board's Approach to use Auction Proceeds for Applicant Support Program* - Council is supportive of this approach and will provide input to the Board on it. *7. **EPDP on Temporary Specification Phase 1** Urgent Requests* - The present concern is limited to the issue of *urgent requests*, stemming from *Recommendation 18* of the Expedited Policy Development Process on Temporary Specifications' Phase 1 Final Report <https://gnso.icann.org/sites/default/files/file/field-file-attach/epdp-gtld-...> which has been adopted by the ICANN Board on 15 May 2019, and which had gone onwards for implementation by ICANN org through an Implementation Review Team (IRT). - Rec 18 reads, "A separate timeline of [less than X business days] will considered [sic] for the response to ‘Urgent’ Reasonable Disclosure Requests, those Requests for which evidence is supplied to show an immediate need for disclosure [time frame to be finalized and criteria set for Urgent requests during implementation]. - This is an ongoing concern between the GNSO, GAC and the Board, where most recently, the Board having responded to the GAC (Board Letter <https://gnso.icann.org/sites/default/files/policy/2024/correspondence/tsinha...> re: Urgent Request) which has received support from the RrSG (RrSG Input Letter <https://lists.icann.org/hyperkitty/list/council@icann.org/thread/VLVUV5Z5P5P...> ). - Part of the issue is a procedural one, in that there is no existing mechanism that allows for revisiting a policy recommendation that has been approved by the Board. - Council has now prepared a letter to the Board proposing that a meeting be schedule between the Board, interested GAC and PSWG representative and Council to discuss the concerns in detail, explore the complexities involved, and determine the most effective way to proceed. *8. EPDP on Internationalized Domain Names Phase 2 recommendations related to harmonized IDN tables* - The Expedited Policy Development Process on Internationalized Domain Names Working Group (EPDP-IDNs) received a request from ICANN org to stabilize the WG's Phase 2 recommendations related to harmonized IDN tables, namely Preliminary Recommendation 6 and Implementation Guidance 7 in response the charter question C5. According to ICANN org, the stability sought is a prerequisite to ICANN launching the Registry Service Provider Evaluation Program in November. - The WG has agreed to prioritize their discussion on PR 6 and IG 7 to reach the stability sought by end of August. However, to enable the RSP Evaluation Program to proceed in November would mean that PR 6 has to be implemented before the WG's Phase 2 Final Report even reaches Council for consideration (and assuming it is approved by Council, it still has to go to the Board for consideration/adoption). As this is procedurally unprecedented, Council has been asked to provide guidance to the WG on a path forward. Thanks for reading / considering. Justine Chew ALAC Liaison to the GNSO GNSO Liaison Report Workspace <https://community.icann.org/display/atlarge/GNSO+Liaison+Report%2C+post-Oct+...> On Tue, 30 Jul 2024 at 17:15, Justine Chew <justine.chew.icann@gmail.com> wrote:

Dear all,

Just a note to inform you that the agenda for the GNSO Council meeting of 8 August 2024 is out.

For a curated version of the highlighted agenda item, please visit this link <https://community.icann.org/display/atlarge/GNSO+Liaison+Report%2C+post-Oct+...> .

*GNSO Council Meeting #8 of 2024 held on 8 Aug 2024 <https://community.icann.org/display/atlarge/GNSO+Liaison+Report%2C+post-Oct+2021#Aug2024-Agenda_Aug2024>*

*Full Agenda <https://community.icann.org/x/C4DyEg> | Documents <https://community.icann.org/x/-IBsFQ> | Motions <https://community.icann.org/x/_oBsFQ>*

- *Item 1: Administrative Matters* - Item 2: Opening Remarks / 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 - GNSO Review of the GAC ICANN80 Communiqué - *Item 4: COUNCIL VOTE - GNSO Liaison to the GAC Replacement* - *Item 5: COUNCIL VOTE - Adoption of the SPIRT Charter* - *Item 6: COUNCIL VOTE - Accuracy Scoping Team* - *Item 7: COUNCIL DISCUSSION - Accuracy of Registration Data* - *Item 8: COUNCIL DISCUSSION - Small Team Plus on Singulars/Plurals* - *Item 9: COUNCIL UPDATE - Transfer Policy Review PDP - Initial Report Format* - *Item 10: COUNCIL UPDATE - Intellectual Property Constituency Request for Reconsideration* - Item 11: Any Other Business -

11.1 - Independent Review Process - Implementation Oversight Team - Deadline for public comments <https://www.icann.org/en/public-comment/proceeding/irp-iot-proposed-updates-...>: 16 September -

11.2 - ICANN's Draft Five Year Strategic Plan - Deadline for public comments <https://www.icann.org/en/public-comment/proceeding/draft-icann-strategic-pla...>: 17 September - 11.3 - Continuous Improvement Program - Community Coordination Group (CIP-CCG) Phase 3 Update - 11.4 - Publication <https://gnso.icann.org/sites/default/files/policy/2024/draft/preliminary-iss...> of Preliminary Issues Report on Latin Script Diacritics - Deadline for public comments <https://www.icann.org/en/public-comment/proceeding/preliminary-issue-report-...>: 10 September

As usual, Council meetings are open to observers in listen-only mode. If you would like to observe the meeting on 8 August at 21:00 UTC, please check this link <https://community.icann.org/display/atlarge/GNSO+Liaison+Report%2C+post-Oct+...> for details.

Thanks for reading / considering.

Justine Chew ALAC Liaison to the GNSO GNSO Liaison Report Workspace <https://community.icann.org/display/atlarge/GNSO+Liaison+Report%2C+post-Oct+...>