May 2018 - Bc-gnso - lists.icann.org

ICANN Webinar: Next steps temporary spec for GDPR Compliance -- Monday 21 May 2018 at 21:00 UTC
by Steve DelBianco 21 May '18

21 May '18

Wanted to alert BC members to this ICANN webinar happening today (21-May) at 21:00 UTC. It was arranged for GNSO Councilors and chairs of stakeholder groups and constituencies, but all of us can listen to the audio and Adobe chat. ** Please note that an audio cast for audio streaming only will be available for this session, as attendance on the audio bridge and in the Adobe Connect room is for councilors and SG/C Chairs only. Should any of your members wish to listen to the session, please share the following link with them: http://stream.icann.org:8000/stream01 [stream.icann.org]<https://urldefense.proofpoint.com/v2/url?u=http-3A__stream.icann.org-3A8000…>** The informational webinar to discuss possible next steps in preparation for a possible adoption of a temporary policy / specification by the ICANN Board in relation to the interim model for GDPR Compliance is scheduled on Monday 21 May at 21.00 UTC Other time zones: https://tinyurl.com/yclphu6k [tinyurl.com]<https://urldefense.proofpoint.com/v2/url?u=https-3A__tinyurl.com_yclphu6k&d…> We will be using a trial Adobe Connect room for this session: https://participate.icann.org/gnsocouncil Participant audio passcode: RDS

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Seeking Additional Clarity from Article 29 - ICANN - Blog by Göran Marby
by Steve DelBianco 11 May '18

11 May '18

See Goran’s latest blog post here<https://www.icann.org/news/blog/data-protection-privacy-update-seeking-addi…>, and this letter<https://www.icann.org/en/system/files/correspondence/marby-to-jelinek-10may…> ICANN sent today to Article 29 WP. In their letter<https://www.icann.org/en/system/files/correspondence/marby-to-jelinek-10may…>, ICANN again seeks forbearance of enforcement during implementation, and pushes back on the last Art 29 guidance in ways that could be helpful for accredited access by third parties.

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Business Constituency (BC) Comment on CCWG-Accountability WS2 Final Report
by Steve DelBianco 10 May '18

10 May '18

The ICANN Business Constituency (BC) has not identified any material inconsistencies between recommendations in the CCWG-Accountability Work Stream 2 (WS2) Final Report. Moreover, we believe that CCWG-Accountability has met the requirements of section 27.1 of the ICANN Bylaws regarding WS2, and should deliver its recommendations to the ICANN Board and Chartering Organizations. Steve DelBianco Vice Chair for Policy Coordination ICANN Business Constituency

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Business Constituency (BC) Comment on Draft Final Report of the NomCom2 Review
by Steve DelBianco 08 May '18

08 May '18

Attached is the comment of the ICANN Business Constituency (BC) regarding the Draft Final Report of the NomCom2 Review. This comment was drafted by Lawrence Olawale-Roberts, with edits from Marilyn Cade and Steve DelBianco. It was approved in accord with the BC Charter. Steve DelBianco Vice Chair for Policy Coordination ICANN Business Constituency

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ICANN Board is not going to follow GAC advice on Whois and GDPR
by Steve DelBianco 06 May '18

06 May '18

On 3-May the ICANN board determined that it may take an action that is not consistent or may not be consistent with the GAC's advice in the San Juan Communiqué concerning the GDPR and ICANN's proposed Interim GDPR Compliance Model. This initiates the required Board-GAC Bylaws Consultation Process<https://gacweb.icann.org/download/attachments/27132063/2013-04-07-Process%2…> required. -- https://www.icann.org/resources/board-material/resolutions-2018-05-03-en Approved Board Resolutions | Special Meeting of the ICANN Board 03 May 2018 1. Main Agenda: a. GAC Advice regarding European Union General Data Protection Regulation (GDPR): San Juan Communiqué (March 2018) § Rationale for Resolution 2018.05.03.01 1. Main Agenda: a. GAC Advice regarding European Union General Data Protection Regulation (GDPR): San Juan Communiqué (March 2018) Whereas, the Governmental Advisory Committee (GAC) met during the ICANN61 meeting in San Juan, Puerto Rico and issued advice to the ICANNBoard in a Communiqué<file:////en/system/files/correspondence/gac-to-icann-15mar18-en.pdf> on 15 March 2018 ("San Juan Communiqué"). Whereas, the San Juan Communiqué was the subject of an exchange<https://gac.icann.org/sessions/gac-and-icann-board-conference-call-regardin…> between the Board and the GAC on 11 April 2018. Whereas, the San Juan Communiqué includes advice concerning ICANN's proposed Interim Model for Compliance with ICANN Agreements and Policies in Relation to the European Union's General Data Protection Regulation<file:////en/system/files/files/gdpr-compliance-interim-model-08mar18-en.pdf> (the "Interim GDPR Compliance Model"). Whereas, the Board has identified items of GAC advice in the San Juan Communiqué that are or potentially could be inconsistent with proposed actions the Board is considering taking to adopt the Interim GDPR Compliance Model. Whereas, the Bylaws require that "[i]n the event that the Board determines to take an action that is not consistent with Governmental Advisory Committee advice, it shall so inform the Governmental Advisory Committee and state the reasons why it decided not to follow that advice" and the Board and GAC are required to enter into a Bylaws Consultation process. Resolved (2018.05.03.01), the Board has determined that it may take an action that is not consistent or may not be consistent with the GAC's advice in the San Juan Communiqué concerning the GDPR and ICANN's proposed Interim GDPR Compliance Model, and hereby initiates the required Board-GAC Bylaws Consultation Process<https://gacweb.icann.org/download/attachments/27132063/2013-04-07-Process%2…> required in such an event. The Board will provide written notice to the GAC to initiate the process as required by the Bylaws Consultation Process. Rationale for Resolution 2018.05.03.01 Article 12, Section 12.2(a)(ix) of the ICANN Bylaws permits the GAC to "put issues to the Board directly, either by way of comment or prior advice, or by way of specifically recommending action or new policy development or revision to existing policies." In its San Juan Communiqué (15 March 2018), the GAC issued advice to the Board on various matters including ICANN's proposed approach to address compliance with ICANN's agreements with registries and registrars in relation to the European Union's General Data Protection Regulation (GDPR). The ICANN Bylaws require the Board to take into account the GAC's advice on public policy matters in the formulation and adoption of the polices. If the Board decides to take an action that is not consistent with the GAC advice, it must inform the GAC and state the reasons why it decided not to follow the advice. Any GAC advice approved by a full consensus of the GAC (as defined in the Bylaws) may only be rejected by a vote of no less than 60% of the Board, and the GAC and the Board will then try, in good faith and in a timely and efficient manner, to find a mutually acceptable solution. At this time, the Board's current thinking and approach to addressing the GDPR in relation to ICANN's agreements with registries and registrars is inconsistent or could be viewed as inconsistent with certain items of the GAC's advice in the San Juan Communiqué. Given this, the Board is taking action at this time to initiate the process that is required prior to the Board taking an action that is not consistent with the GAC's advice. As part of the process, the Board is required to, and will provide a written response to the GAC indicating: (1) whether it has any questions or concerns regarding such advice; (2) whether it would benefit from additional information regarding the basis for the GAC's advice; (3) and a preliminary indication of whether the Board intends to take such advice into account. The Board's response will be the subject of an exchange between the Board and the GAC. In taking this action, the Board reviewed various materials, including, but not limited to, the following materials and documents: § San Juan Communiqué (https://gac.icann.org/contentMigrated/icann61-gac-communique) § Process for Consultations between the ICANN Board of Directors and the Governmental Advisory Committee(https://gacweb.icann.org/download/attachments/27132063/2013-04-07… forConsultations between ICANN and GAC.doc?version=1&modificationDate=1376102118000&api=v2<https://gacweb.icann.org/download/attachments/27132063/2013-04-07-Process%2…>) Taking this action will have a positive impact on the community because it will assist with resolving the advice from the GAC concerning ICANN's proposed approach for enforcing compliance with agreements with registries and registrars in relation to the GDPR. There are no foreseen fiscal impacts associated with the adoption of this resolution as the first step of the process, which requires an exchange between the Bord and the GAC, is anticipated to be conducted telephonically. Approval of the resolution will not impact security, stability or resiliency issues relating to the DNS. This is an Organizational Administrative function that does not require public comment. This action is in support of the public interest and ICANN's mission as it will assist in ensuring that public policy considerations are appropriately taken into account in proposed actions by the ICANN Board concerning GDPR compliance.

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Business Constituency (BC) comment on Proposed Revisions to Bylaws Section 11 – Additional Voting Thresholds
by Steve DelBianco 05 May '18

05 May '18

Attached is the comment of the ICANN Business Constituency (BC) regarding Proposed Revisions to Bylaws Section 11 – Additional Voting Thresholds. This comment was drafted by Barbara Wanner and Steve DelBianco. It was approved in accord with the BC Charter. Steve DelBianco Vice Chair for Policy Coordination ICANN Business Constituency

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