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ICANN board response to BC letter of 6-Apr regarding GDPR compliance and GAC advice
by Steve DelBianco June 12, 2018

June 12, 2018

It’s been over two months since we wrote<https://www.icann.org/en/system/files/correspondence/selli-to-chalaby-06apr…> to ICANN Board about giving due consideration to GAC’s advice on GDPR (from their San Juan Communique). The board has finally replied with a short response<https://www.icann.org/en/system/files/correspondence/chalaby-to-selli-11jun…> that merely refers us to their 30-May resolution<https://www.icann.org/resources/board-material/resolutions-2018-05-30-en> and Scorecard on GAC advice<https://www.icann.org/en/system/files/files/resolutions-sanjuan61-gac-advic…>.

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Business Constituency (BC) comment on Draft Report of RSSAC2 Review
by Steve DelBianco June 10, 2018

June 10, 2018

The ICANN Business Constituency (BC) is pleased with the outcome of the RSSAC review and fully agrees with the recommendations. As established in the report, the BC is highly concerned that RSSAC does not consider itself accountable to ICANN Board and Community even though it is stipulated in its Charter. The recommendation for RSSAC Charter update to ensure its stakeholders are clearly indicated should therefore be prioritized. The BC is also concerned over distrust of ICANN by some members of RSSAC who are Root Server Operators (RSO). We believe this might be connected with the void created by the non-replacement of the NTIA oversight role after the transition. The BC is of the opinion that this gap should urgently be addressed in the interest of the Internet Community and the need to build confidence on that critical Internet infrastructure. One implication of this gap as noted in the report is lower weight given to RSSAC advice The BC agrees with the recommendation that RSSAC membership be opened to non-RSO anycast instance providers, and to public DNS resolvers and provisioning side interested parties such as TLD registries and the ccNSO. This would foster diversity and enrich the depth of its advice to ICANN Board. Finally, as also indicated in the report, not much is known about the activities of RSSAC in the community. A renewed RSSAC should establish a community-facing outreach programme as a measure of its transparency and accountability to the community. This comment was drafted by Jimson Olufuye and was approved in accord with our charter. Steve DelBianco Vice Chair for Policy Coordination ICANN Business Constituency

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REMINDER TO REGISTER IN ADVANCE Announcement: Pre-ICANN62 Policy Webinar- by 11 June
by Chantelle Doerksen June 4, 2018

June 4, 2018

https://www.icann.org/news/announcement-2018-05-23-en Register Now: Pre-ICANN62 Policy Webinar – 12 June 2018 The Policy Development Support Team is pleased to announce two webinar sessions to assist with the community's preparations for the ICANN62 Policy Forum: Pre-ICANN62 Policy Webinar Tuesday, 12 June 2018 10:00 and 19:00 Coordinated Universal Time (UTC) The webinar will run in English with simultaneous Spanish interpretation. The presentation materials will be translated into Spanish, and posted following the Webinar with the recordings of the sessions here. Please register via this form by 11 June 2018! In this 90-minute webinar, the Policy Development Support Team will summarize the key policy activities taking place across the ICANN community. The Team will also answer your questions about ongoing community policy and advisory work and discuss what to expect at the ICANN62Policy Forum. To ensure that your questions about policy activities are addressed during the session, the Policy Team invites you to submit your questions through the registration form or by email to policyinfo(a)icann.org. To assist with your preparation for this webinar and for ICANN62, the "Pre-ICANN62 Policy Report" and "Generic Names Supporting Organization Policy Briefing: ICANN62 Edition" will be published by Tuesday, 5 June 2018. Please be sure to download and review these materials beforehand for helpful background on policy activities and topics that the Policy Development Support Team will cover during the webinar, such as: · The cross-community discussions that will take place at ICANN62: · Geographic Names at the Top-Level (Work Track 5) · Update from the Registration Directory Service-WHOIS2 Review Team · General Data Protection Regulation (GDPR) Compliance, Access to WHOIS and Accreditation · The expected Initial Report from the New generic Top-Level Domain (gTLD) Auction Proceeds Cross Community Working Group · Presentation of the Final CCWG-Accountability Work Stream 2 Recommendations · The various policy development processes underway in the Country Code Names Supporting Organization (ccNSO), the Generic Names Supporting Organization (GNSO) and the Address Supporting Organization (ASO): · Retirement of Country Code Top-Level Domains · Review of All Rights Protection Mechanisms in All gTLDs · Next steps in relation to Registration Directory Services policy work · Curative Rights Protections for International Governmental Organizations and International Non-Governmental Organizations · New gTLD Subsequent Procedures · Regional Internet Registry policy development activities · Advisory Committee activities within the At Large Advisory Committee (ALAC), Governmental Advisory Committee (GAC), Root Server System Advisory Committee (RSSAC) and Security & Stability Advisory Committee (SSAC): · Organizational Review of the At-Large community: Next steps, implementation, and ALACsessions during ICANN62 · GDPR and Key Signing Key (KSK) Rollover discussions · At-Large discussion on new gTLDs and Work Tracks 1-5 · Regional At-Large Organization (RALO) Policy Hot Topics · GAC discussions on .amazon, IGO protections and 2-character codes at the second level · Board-GAC GDPR consultations · RSSAC statement on the distinction between RSSAC and Root-Ops (RSSAC033) · SSAC work concerning name collisions · Other topics of note: · Organizational Review of the ASO · ccNSO sessions on disaster and recovery and business continuity, ccNSO members meeting sessions, and Tech Day. · GAC onboarding initiatives · Report from the RSSAC May 2018 Workshop (RSSAC034) To complement this Pre-ICANN62 Policy Webinar, the GNSO Policy Development Support Team will host, with the Council leadership and Policy Development Process (PDP) working group chairs, a GNSOpolicy-focused webinar on Monday, 18 June 2018 at 21:00 UTC for 90 minutes. This webinar is intended to serve as a replacement for the previously-offered GNSO PDP updates provided during the GNSO weekend sessions and will assist the community in preparing for GNSO policy-related discussions at ICANN62. If you would like to participate in the GNSO Policy Webinar, please register here. The Policy Development Support Team looks forward to helping the ICANN community prepare for ICANN62!

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BC comment on the Review of the Customer Standing Committee (CSC) Charter
by Steve DelBianco June 1, 2018

June 1, 2018

Attached is the comment of the ICANN Business Constituency (BC) regarding the Initial Report on Review of the Customer Standing Committee (CSC) Charter. This comment was drafted by Gabriela Szlak, with edits by Marie Pattullo 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 Webinar: Next steps temporary spec for GDPR Compliance -- Monday 21 May 2018 at 21:00 UTC
by Steve DelBianco May 21, 2018

May 21, 2018

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 May 11, 2018

May 11, 2018

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 May 10, 2018

May 10, 2018

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 May 8, 2018

May 8, 2018

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 May 6, 2018

May 6, 2018

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 May 5, 2018

May 5, 2018

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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