October 2023 - Bc-gnso - lists.icann.org

Remarks on ICANN Empowered Community Forum last Thursday
by Steve DelBianco Oct. 29, 2023

Oct. 29, 2023

BC members -- Wanted you to see this intervention regarding the IANA Transition and new ICANN bylaws. Last Thursday at the Approval Action Community Forum<https://icann78.sched.com/event/1T4Jk/approval-action-community-forum>, I was the only person to speak, and said this, at 22:40 of this zoom feed<https://icann.zoom.us/rec/play/l2LwV-lIVw-Toz_goWQemlIYYLun5k0ssot_q83DWUb5…> Steve DelBianco with the business constituency. I looked around, and about half of the folks in this room were around in 2014, 2015, and 2016, when we used the IANA transition as a leverage point to create bylaws, processes, and the empowered community. It allows the communities ICANN was designed to serve to hold the board and org accountable to those communities. For the other half in the room: You have to be mystified about Why there would be so much preparation from legal and org, and why the entire board is seated in the room to look at what seem to be insignificant and trivial amendments to the fundamental bylaws. But you couldn't be more wrong. This represents an exercise of the muscle of the empowered community. Because there may be times in the future when we're exercising this muscle on far more controversial amendments to fundamental bylaws, or a challenge to a decision that ICANN is made. And the fact that you're taking this so seriously gives me great comfort, and it gives me ammunition. Back in Washington, DC, where critics of ICANN and those who wish the transition never occurred are continuing to wonder whether the empowered community has any power at all. So I'll point to this as an instance that it's really being taken seriously. So when and if we need to hold board and org accountable on something more significant, we'll know how to do it. So I thank you for your seriousness.

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Policy Calendar for 24-Oct-2023 Open BC Meeting in Hamburg
by Steve DelBianco Oct. 23, 2023

Oct. 23, 2023

Here’s the Policy Calendar for the BC open meeting on Tue 24-Oct (also in attachment “policy calendar.pdf”) Channel 1. BC participation in ICANN Public Comment process: On 3-Oct we supported<https://cbu.memberclicks.net/assets/docs/positions-statements/2023/2023_10O…> the Proposed Updates to Existing Rights Protection Mechanisms Documentation<https://www.icann.org/en/public-comment/proceeding/proposed-updates-to-exis…>. Thanks to Zak for drafting, and to Marie, Arinola, and Abdul-Hakeem for reviewing. On 28-Sep we commented<https://cbu.memberclicks.net/assets/docs/positions-statements/2023/2023_09S…> on a ccNSO Proposed Policy for a Specific ccTLD Review Mechanism<https://www.icann.org/en/public-comment/proceeding/ccnso-proposed-policy-fo…>. Thanks to Ching Chiao for drafting, and to Margie Milam for reviewing. On 11-Sep we responded<https://cbu.memberclicks.net/assets/docs/positions-statements/2023/2023_09S…> to the Recommendation from GNSO Guidance Process (GGP) on supporting applicants for new gTLDs<https://www.icann.org/en/public-comment/proceeding/gnso-guidance-process-ap…>. Thanks to Vivek for drafting, and to David Snead, Steve, and Lawrence for edits. On 31-Aug we commented<https://cbu.memberclicks.net/assets/docs/positions-statements/2023/2023_08A…> to the UK on Powers in Relation to UK-Related Domain Name Registries<https://assets.publishing.service.gov.uk/government/uploads/system/uploads/…>. Thanks to Margie and Mason for drafting, and to Marie for edits. On 20-Jul we filed comment<https://cbu.memberclicks.net/assets/docs/positions-statements/2023/2023_07J…> on Amendments to the Base gTLD RA and RAA to Modify DNS Abuse Contract Obligations<https://www.icann.org/en/public-comment/proceeding/amendments-base-gtld-ra-…>. We covered the contracts and ICANN’s Compliance Advisory, thanks to a big effort from Margie, Mark, Crystal, and Mason. On 15-Jul we commented<https://mm.icann.org/pipermail/closed-generics-feedback/attachments/2023071…> on the Draft Framework<https://community.icann.org/display/GFDOCG/Draft+Framework+for+Closed+Gener…> for closed generic gTLDs. Thanks to Tim Smith, Steve, and Marie for drafting. Selected ICANN Public Comments<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_public-2…> and other opportunities for the BC to comment: 1. Pilot Holistic Review Revised Draft Terms of Reference<https://www.icann.org/en/public-comment/proceeding/pilot-holistic-review-re…>. Comments close 27-Nov. This is an update to the version that BC commented<https://cbu.memberclicks.net/assets/docs/positions-statements/2022/2022_11N…> on back in Nov-2022, thanks to Barbara Wanner, Margie Milam, and Steve. We need volunteer(s) to draft a BC comment on the updated terms of reference. 2. NIS2, followed closely by Andrew Bennett and Marie Pattullo. In The Hague we talked with MEP Bart Groothuis<https://en.wikipedia.org/wiki/Bart_Groothuis> about NIS2 and next steps. NIS2 final text<https://www.europarl.europa.eu/doceo/document/A-9-2021-0313-AM-281-281_EN.p…> approved by European Parliament and by Council in Nov-2022. final text published on 27-Dec<https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:L:2022:333:FULL&…> (p.82), giving 21-months for Member States to transpose into national law. BC will advocate for strong transposition by Member States. On 3-Aug, Mark and Marie worked with Mason on a message to Council, regarding ICANN direct outreach to EU member states about NIS2 – instead of working thru the GAC. See Mark’s email to Council<https://mm.icann.org/pipermail/council/2023-August/027131.html>. On 20-Oct-2023 Eco hosted a Day 0 event on NIS2 implementation challenges<https://urldefense.com/v3/__https:/international.eco.de/event/icann78-day-z…>. Summary: Started slowly and politely, but afternoon discussion surfaced tensions between EC and EU small businesses about NIS2 compliance challenges. (Steve circulated a detailed report via email) Channel 2. Support for discussion and votes of our representatives on GNSO Council Marie Pattullo and Mark Datysgeld are our GNSO Councilors. At this meeting, Lawrence Olawale-Roberts will succeed Marie on Council. Previous Council meeting was 21-Sep. See Agenda<https://community.icann.org/x/r4XxDg>, Transcript<https://gnso.icann.org/sites/default/files/policy/2023/transcript/transcrip…>, and Zoom Recording<https://icann.zoom.us/rec/share/NsXTXKFQ9BuckOpWO4FCl7PIYqb4oV06nilRZB9XR9J…>. 3 resolutions<https://gnso.icann.org/en/council/resolutions/2020-current#202309> were considered: Motion to adopt recommendations<https://gnso.icann.org/sites/default/files/policy/2023/correspondence/chen-…> of Council Committee for Overseeing and Implementing Continuous Improvement regarding Statement of Interest (SOI) requirements - (WITHDRAWN) Motion to adopt Charter<https://community.icann.org/x/sYXxDg> for a Registration Data Request Service (RDRS) Standing Committee to help inform the next steps on the SSAD policy recommendations. (PASSED) Approval of GNSO Council’s Clarifying Statement on Select Pending SubPro Recommendations (DEFERRED to Oct meeting) Council also discussed update<https://mm.icann.org/pipermail/council/2023-August/027220.html> from Cross-community working group on Auction Proceeds Next Council meeting is 25-Oct at 13:00 CET in Hamburg. Agenda part 1<https://community.icann.org/x/vYXxDg> and Agenda part 2<https://community.icann.org/x/tIXxDg> Agenda highlights: Item 4: Vote on motion<https://community.icann.org/x/sYXxDg> to approve the CCOICI Recommendations Report<https://gnso.icann.org/sites/default/files/policy/2023/correspondence/chen-…> on Statement of Interest (SOI) Requirements. Here is the most relevant new language: The General Statement of Interest shall request information such as name; stakeholder group / constituency; current employer; financial relationships, and; any other Working Groups or other chartered teams in which the Relevant Party is participating. The Activity Specific Statement of Interest shall request information such as whether the Relevant Party is participating as a representative of any individual or entity; identify any other relevant arrangements, interests, or benefits, including whether the Relevant Party’s employer or client has any type of material interest in activity and outcomes; any arrangements / agreements between the Relevant Party and any other group, constituency or client. Item 5: Discussion of topics for potential council response, incl: Proposed Pilot Holistic Review Revised Draft Terms of Reference<https://www.icann.org/en/system/files/files/pilot-holistic-review-draft-tor…>. Proposed Process<https://mm.icann.org/pipermail/council/attachments/20231003/12d244b4/DraftP…> for the Retirement of Non-Policy Recommendations. Continuous Improvement Program Community Coordination Group (CIP-CCG)<https://gnso.icann.org/sites/default/files/policy/2023/correspondence/gurni…> Item 6: Discuss GNSO Liaison to the Governmental Advisory Committee (GAC) Annual Report<https://gnso.icann.org/sites/default/files/policy/2023/correspondence/newma…> Item 7: Discuss Diacritics Issue in Latin Script Other Council activities: 1. Transfer Policy Working Group. (Zak Muscovitch and Arinola Akinyemi). The Working Group continues work on ICANN-approved transfers, i.e. bulk transfers of domains under management from one registrar to another, i.e. after an acquisition or upon a loss of registrar accreditation. See current draft document<https://docs.google.com/document/d/1gX1N8d3qoktbniRmfGE4-8Un9dPavIKQ3IZYaoe…> that the WG is working on. Text on this portion of Transfer Policy is located at (B) - ICANN-Approved Transfers, in the current Transfer Policy<https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en>. 2. GNSO Guidance Process (GGP). (Lawrence Olawale-Roberts). See main wiki page<https://community.icann.org/display/GGPGIRFAS/GNSO+Guidance+Process+%28GGP%…>, Members and Alternates<https://community.icann.org/display/GGPGIRFAS/Members+and+Mailing+List>. Lawrence represents the BC on the GGP group<https://community.icann.org/pages/viewpage.action?pageId=270434385>, and will share what he heard at a meeting <https://community.icann.org/pages/viewpage.action?pageId=270434385> . In this public recording<https://icann.zoom.us/rec/play/lGvFrVwegA9UC_Y0YSh9pozwaCUeuKwhw_SSErNbLh1u…>, the BC comment was read at 37:52 and the chair comments at 41:50. 3. Registrant Data Request System (RDRS), formerly known as SSAD Light Steve is on Council small team<https://community.icann.org/pages/viewpage.action?pageId=186779415> on SSAD ODA<https://www.icann.org/en/system/files/files/ssad-oda-25jan22-en.pdf>, to review a“ticketing system” Becky said board wants to know what we hope to learn from this experiment. Will we learn what we need to determine next steps? Is SSAD fit-for-purpose? Did this make it easier for users to submit requests and for registrars to process those requests? On the 26-Jun call, Steve D. and Steve Crocker advocated a bulk upload capability for requesters. ICANN Org will not modify its systems development plan to facilitate uploads, so we have to do this outside of ICANN. ICANN is opening the RDRS to registrars for early access<https://www.icann.org/en/announcements/details/icann-to-provide-rdrs-early-…>. Public launch is Nov-2023. ICANN legal has drafted Terms of Service<https://docs.google.com/document/d/1O2VbQaNro1cGqkcr3SqDBAR8YhPRt9K0/edit> for requesters and registrars. 4. Subsequent Rounds of gTLD expansion (SubPro) There will be an Implementation Review Team (IRT) for SubPro. We need volunteers to represent the BC, naming one representative and one alternate. Thanks to Imran Hossen for volunteering as BC rep. And thanks to Ching Chiao for volunteering as alternate. Channel 3. Supporting discussion/voting on matters before the Commercial Stakeholders Group (CSG) Tim Smith is the CSG Liaison for the BC. At this meeting, Marie will succeed Tim. Mason Cole is leading CSG thru Dec-2023, when Philippe Fouquart of ISPCP will assume the role. NCPH Day Zero Meeting – October 20, 2023 – Hamburg Mason, Mark, Lawrence and I attended. All other constituencies in NCPH were also well represented with NCSG attendees consisting of Julf, Bruna, Tomslin, Wisdom, Stephanie, Juan, Benjamin, Manju, and David Morar. This was a productive day and while we agree that we cannot be aligned on all issues at all times, we need to work together where we can and respect each other. Ongoing communication was determined by arranging monthly NCPH ExCom Zoom calls, face-to-face sessions regularly at future ICANN meetings, and re-establishing the yearly intercessional – either as a stand-alone meeting or as an additional day to one of the ICANN meetings. Our path forward is marked by some good starting points. · Micro-team to review GNSO vice chair selection process from drafts in 2017 and 2018 · Micro-committee to establish expectations for our new Board Seat 14 member by March 2024. · Development of criteria for evaluation of Board member and future selection criteria within a year. · Potential joint interviewing of future candidates · CSG to determine level of support NCSG’s interest to pursue adding NPOC seat on NomCom. CSG is not against the idea but yet to determine level of advocacy. · Joint monitoring of progress of Holistic review * Update the NCPH Wiki<https://community.icann.org/pages/viewpage.action?pageId=39421277> and use as communication tool. CSG Membership Meeting at ICANN 78 - Sunday, 22 October Topics included exchange with PSWG, presentation on Meta’s findings on DNS abuse threat vectors. CPH and CSG ExComm Lunch – Mon 23-Oct at 12 Hamburg. This is in place of a full session exchange which couldn’t be arranged in the schedule. CSG session with Board at ICANN 78 – Tue 24-Oct 0830 Hamburg. ICANN Board has posed the following question for our response. · Looking forward over the next 3 - 5 years, what are the key strategic issues ICANN and the ICANN ecosystem should be addressing in the FY26-30 Strategic plan, and why? In turn, CSG is seeking CSG input from Board on DNS abuse and Fixing Whois. \BC Membership Meeting – Tue 24-Oct-2023 1400 Hamburg

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Pre-ICANN78 Briefing
by Steve DelBianco Oct. 16, 2023

Oct. 16, 2023

Here<Hi%20Abby,%20I%20wanted%20to%20offer%20a%20tip%20that%20might%20help%20recreate%20the%20problem%20with%20my%20car's%20electrical%20system.%20When%20this%20happened%20in%20the%20past,%20it%20was%20always%20after%20opening/closing%20the%20passenger%20or%20back%20doors.%20Perhaps%20if%20they%20try%20doing%20that,%20they%20can%20recreate%20the%20problem.> is the Pre-ICANN78 Briefing, incl Status Update for Next Round of New gTLDs

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2024 candidate statement for Steve DelBianco, for role of BC Vice Chair for Policy Coordination
by Steve DelBianco Oct. 10, 2023

Oct. 10, 2023

BC members, Thanks to Zak Muscovitch for nominating me as vice chair of policy coordination. Given that no other candidates are interested, I am willing and able to serve again. In my years serving as your policy coordinator, I’ve tried to be thoroughly prepared and provide support for BC members so that they can contribute to comment drafting and policy engagement at ICANN. Along the way I’ve also had to negotiate compromise positions among BC members with differing priorities. That approach seems to work for the BC, as we continue to be a major contributor to ICANN public comment opportunities and working groups. Thru Nov-2023, the BC submitted 16 comments/statements<https://www.bizconst.org/positions-statements> so far this year. While our public statements advance business interests, we also need to engage in working groups, reviews, and implementation teams. Here’s what I see as our top policy challenges/opportunities for 2024: Restore prompt access to accurate registrant data Businesses can no longer use Whois data to protect their customers from confusion and fraud caused by deceptive domain names and other DNS abuse. GDPR changed all that, and we have thus far not been able to muster a consensus to roll-back some of ICANN’s over-interpretation of GDPR. But there may be changes coming in 2024. The European Parliament approved NIS2, requiring member states to enact regulation requiring publication of accurate registrant data for legal persons. We hope that pro-consumer regulations from some EU states could pressure ICANN Org to adopt new policy or take a central role for disclosing registrant data for legitimate purposes in compliance with applicable laws like GDPR and NIS2. Mitigating DNS Abuse For the last 2 years, BC Councilor Mark Datysgeld and our chair Mason Cole continued focused on the issue of DNS Abuse. That pressured contract parties and ICANN to amend Registry and Registrar agreements to add modest obligations to address DNS Abuse. The BC generally supported the amendments while calling for new policy development in this area. There will be other policy areas for the BC to attend to in 2024, including the next round of gTLD expansion and the Holistic Review of ICANN. I look forward to serving the BC again in 2024, and hope to cultivate a new candidate for this role in 2025. My current ICANN Statement of Interest is posted here<https://community.icann.org/display/gnsosoi/Steve+DelBianco+SOI> and below: For two decades years I have led NetChoice, a trade association of e-commerce companies and online services, including Airbnb, Alibaba, Amazon, AoL, eBay, Etsy, Expedia, Facebook, Google, PayPal, TikTok, Twitter, Verisign, and Yahoo. (see http://www.netchoice.org<http://www.netchoice.org/> ) I set the policy agenda for NetChoice and frequently testify at international venues, before the US Congress, and in state legislatures, on issues relating to Internet governance, e-commerce taxation, privacy, and consumer protection. I also represent NetChoice at ICANN meetings and at the Internet Governance Forum (IGF) and the IGF-USA. I have no financial ownership or management role in any registries, registrars or other firms that are, or aspire to be, contract parties with ICANN. Please note that some NetChoice members operate registries (Amazon, Google, Verisign) The basis of my interest in ICANN is to maintain the integrity and availability of e-commerce and internet services. This stems from the NetChoice mission statement: To make the Internet safe for free enterprise and free expression. -- Steve DelBianco President NetChoice http://www.NetChoice.org<http://www.netchoice.org/> +1.703.615-6206

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