October 2018 - council - lists.icann.org

REMINDER: GALA INFORMATION Wednesday 24 October 2018
by Terri Agnew 24 Oct '18

24 Oct '18

ICANN63 Gala Hosted by Ministry of Economy and Business and RED.ES Venue : Centre de Convencions Internacional de Barcelona (CCIB) – Area 5-6-7-8 Time : 19:00 – 22:00 Standing gala, food with local tastes, drinks, entertainment Tickets : Gala invitation will be required to attend ICANN63 Gala. The invitations will be available at the host booth ( Booth # 7 ) on Monday, 22 October, Tuesday, 23 October and Wednesday, 24 October. Session Leader: Ministry of Economy and Business and RED.ES Nathalie Peregrine Manager, Operations Support (GNSO) Internet Corporation for Assigned Names and Numbers (ICANN) Email: nathalie.peregrine(a)icann.org <nathalie.peregrine(a)icann.org%20> Skype: nathalie.peregrine.icann Find out more about the GNSO by taking our interactive courses<applewebdata://EB3A6F47-9760-400D-A39B-A7EFFC56B467/learn.icann.org/courses…> and visiting the GNSO Newcomer pages<https://urldefense.proofpoint.com/v2/url?u=http-3A__gnso.icann.org_sites_gn…>

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Please review: GNSO Council motions 24 October 2018
by Nathalie Peregrine 24 Oct '18

24 Oct '18

Dear all, Please find below the resolutions from the GNSO Council at its meeting on Wednesday 24 October 2018. If no objections we will publish them on the GNSO website here: https://gnso.icann.org/en/council/resolutions Consent Agenda: Motion: Reappointment of GNSO Council Liaison to the Governmental Advisory Committee Submitted by Donna Austin Seconded by Michele Neylon Whereas: 1. As part of the discussions within ICANN between the GNSO and GAC on how to facilitate early engagement of the GAC in GNSO policy development activities, the option of appointing a GNSO liaison to the GAC was initially piloted in FY15 and F16, and subsequently confirmed by the GNSO Council as a permanent role at the start of FY17. 2. The GNSO Council appointed Julf Helsingius to the role of GNSO Liaison to the Governmental Advisory Committee on 1 November 2017, until the end of the ICANN AGM 2018. 3. The GNSO Council has an obligation to review the role annually and reconfirm the appointment unless the review indicates otherwise and/or the Liaison has indicated that he/she is no longer available to continue in this role, in which case a new selection process will take place. 4. The GNSO Council leadership has met with Julf Helsingius to discuss his experience and to confirm that he is willing to continue in this role. 5. The GNSO Council has reviewed the annual report prepared by the GNSO Liaison to the GAC. Resolved: 1. The GNSO Council hereby reappoints Julf Helsingius to the role of GNSO Liaison to the Governmental Advisory Committee until the end of the ICANN AGM 2019. 2. The GNSO Council leadership team will inform the GAC leadership team accordingly, and will co-ordinate with Julf Helsingius as well as the GAC leadership team and GAC Secretariat on next steps and the continued successful implementation of this role. Vote results [gnso.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_sites_d…> Motion to adopt the charter for the GNSO Standing Committee on Budget and Operations (SCBO) on a permanent basis Submitted by: Ayden Férdeline Seconded by: Rafik Dammak Whereas, 1. In 2017 the GNSO Council expressed its desire to establish the GNSO Standing Committee on Budget and Operations (SCBO) to assist with the development of GNSO Council comments that relate to ICANN’s Budgetary and Finance matters; 2. On 21 December 2017, the GNSO Council adopted the formation of the SCBO and its interim charter; 3. In late 2017 and early 2018, GNSO Council members as well as subject matter experts from GNSO Stakeholder Groups and Constituencies joined the SCBO; 4. In FY18, the SCBO developed four public comments (IANA-PTI FY19 Budget, ICANN's Reserve Fund Target Level, ICANN’s Draft FY19 Budget and Operating Plan, and ICANN Reserve Fund: Proposed Replenishment Strategy) on behalf of the GNSO Council that were later accepted and posted to ICANN’s public forum; and 5. On 17 September 2018, the SCBO delivered an After-Action Report on the SCBO experiences and lessons learned wherein the report suggested that the SCBO charter did not warrant any changes and that the SCBO become a permanent Standing Committee of the GNSO Council. Resolved, 1. The GNSO Council adopts the GNSO Standing Committee on Budget and Operations (SCBO) charter on a permanent basis (see: https://gnso.icann.org/sites/default/files/file/field-file-attach/draft-ica… [gnso.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_sites_d…>); 2. The GNSO Council thanks the Council members and subject matter experts for their contributions through the FY19 budget planning cycle; 3. The GNSO Council will appoint the incoming Council Chair as the Council liaison to the SCBO and add Council Vice-Chairs as observers; 4. The GNSO Council instructs the GNSO Secretariat to launch a fresh call for volunteers per the membership criteria outlined in the SCBO Charter as soon as possible; and 5. The GNSO Council tasks the SCBO to carry out the review and comment formulation for future ICANN fiscal-year draft budget planning cycles and to submit its proposed recommendations to the GNSO Council with sufficient time for its consideration. Vote results [gnso.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_sites_d…> Motion to recommend the implementation of certain improvements to enhance the efficiency and effectiveness of the GNSO Policy Development Process (PDP 3.0) Submitted by Rafik Dammak Seconded by Heather Forrest Whereas, 1. In January 2018, the GNSO Council held an inaugural three-day Strategic Planning Session during which it, amongst other activities, reviewed the workload for the year ahead and identified potential milestones, noting that the current average timeline for delivery of an Initial Report has increased at least 2-4 times compared to previous PDPs. 2. The GNSO Council began identify challenges being encountered in PDPs, informed by a staff discussion paper on optimizing increased engagement and participation while ensuring efficient and effective policy development. 3. In order to engage the broader GNSO community in this discussion, the GNSO Council organized a collaborative session involving the members of the current PDP Leadership Teams as well as the broader community to summarize key points from the Strategic Planning Session, elaborate on the challenges that PDPs presently face and identified, and begin to brainstorm possible solutions. 4. As a result of these discussions, staff was tasked to publish a discussion paper that synthesizes the challenges that were identified as part of these discussions as well as possible improvements — both immediate and longer term — that the Council and PDP Working Groups could consider implementing to enhance efficiency and effectiveness of GNSO policy development activities. This discussion paper was published on 8 May 2018 (see https://gnso.icann.org/en/drafts/pdp-discussion-paper-11may18-en.pdf [gnso.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_en_draf…>). 5. GNSO Stakeholder Groups, Constituencies as well as other SO/ACs were invited to provide their input and feedback on the discussion paper. A summary report of the feedback received was shared with the Council on 10 September 2018 (see https://gnso.icann.org/en/drafts/pdp-summary-feedback-10sep18-en.pdf [gnso.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_en_draf…>) followed by a dedicated webinar on 11 September 2018 to further review and discuss the input received (see https://participate.icann.org/p1s5rcio69b/). 6. Based on the input received as well as the subsequent webinar, Council leadership developed a proposed GNSO PDP 3.0 Final Report and Recommendations for Council consideration (see (https://gnso.icann.org/sites/default/files/file/field-file-attach/pdp-incre… [gnso.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_sites_d…>). 7. The GNSO Council and broader community reviewed and discussed the GNSO PDP 3.0 Final Report and Recommendations during the GNSO Weekend Session at ICANN63 (Oct 2018). Resolved, 1. The GNSO Council hereby adopts the GNSO PDP 3.0 Final Report and Recommendations and instructs GNSO Support Staff to work with the incoming Council leadership on the roll out of the Implementation Plan. 2. The GNSO Council requests the incoming 2018/19 Council leadership to report on a quarterly basis on the status of implementation. 3. The GNSO Council thanks all those that have contributed to the discussions on GNSO PDP 3.0 as well as the proposed improvements to enhance the efficiency and effectiveness of the GNSO PDP. Vote results [gnso.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_sites_d…> Motion to terminate the Next-Generation gTLD Registration Directory Service (RDS) to replace WHOIS Policy Development Process Submitted by Stephanie Perrin Seconded by Darcy Southwell Whereas, 1. Following submission of the WHOIS Policy Review Team's Final Report, the ICANN Board passed a resolution on 8 November, 2012, launching an Expert Working Group on gTLD Registration Directory Services (EWG) to (1) help redefine the purpose of gTLD registration data and consider how to safeguard the data, and (2) propose a model for gTLD registration directory services to address accuracy, privacy, and access issues. 2. Upon publication of the EWG's Final Report in June, 2014, an informal group of Generic Names Supporting Organization (GNSO) Councilors and ICANN Board members collaborated to propose a Process Framework for structuring a GNSO Policy Development Process (PDP) to successfully address these challenging issues. 3. On 26 May, 2015, the ICANN Board adopted that Process Framework and reaffirmed its 2012 request for a Board-initiated PDP to define the purpose of collecting, maintaining and providing access to gTLD registration data, and to consider safeguards for protecting data, using the recommendations in the EWG's Final Report as an input to, and, if appropriate, as the foundation for a new gTLD policy. 4. On 19 November 2015, the GNSO Council adopted the charter for the next-generation gTLD Registration Directory Service (RDS) to replace WHOIS Policy Development Process Working group. 5. Following ICANN61 (March 2018), the RDS PDP Leadership decided to put on hold WG meetings indefinitely. This decision was made in light of the uncertain status of GDPR-related work and the possible duplication of efforts as a result of the adoption by the ICANN Board of the Temporary Specification for gTLD Registration Data. 6. Following the initiation by the GNSO Council of the Expedited Policy Development Process (EPDP) on the Temporary Specification for gTLD Registration data, the RDS PDP on 17 July 2018, the GNSO Council Liaison to the RDS PDP WG, Stephanie Perrin, submitted, at the request of the RDS PDP WG, the required Termination Summary [https://gnso.icann.org/sites/default/files/file/field-file-attach/next-gen-… [gnso.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_sites_d…>] to recommend to the GNSO Council that the RDS PDP WG be terminated as per section 15 of the PDP Manual. 7. The GNSO Council has reviewed the Termination Summary. Resolved, 1. The GNSO Council hereby terminates the next-generation gTLD Registration Directory Service (RDS) to replace WHOIS Policy Development Process. 2. The GNSO Chair will share the Termination Summary as well as the Council decision with the ICANN Board for its information. 3. The GNSO Secretariat will inform the RDS PDP WG of this decision. 4. The GNSO Council expresses its sincere appreciation to the members of the RDS PDP Working Group, leadership team and ICANN support staff for all its work and efforts. Vote results [gnso.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_sites_d…> Motion for GNSO Council Adoption of the Final Report of the IGO-INGO ACCESS to Curative Rights PDP Working Group - WITHDRAWN PRIOR TO THE COUNCIL MEETING BY DONNA AUSTIN Submitted by Donna Austin Seconded by Whereas: 1. On 5 June 2014, the GNSO Council launched [gnso.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_en_coun…> a Policy Development Process (PDP) on access to curative rights mechanisms at the second level of the domain name system by International Governmental Organizations (IGOs) and Non-Governmental Organizations; 2. On 25 June 2014, the GNSO Council approved the initial Charter [gnso.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_en_draf…> for the PDP Working Group, which was subsequently amended<https://community.icann.org/download/attachments/48347887/WG%20Charter%20-%…> on 16 April 2015; 3. This PDP has followed the prescribed PDP steps as stated in the Bylaws, resulting in a Final Report [gnso.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_en_issu…> delivered to the GNSO Council on 9 July 2018; 4. The PDP Working Group has reached consensus on all the recommendations in its Final Report; 5. At its 19 July 2018 meeting, the GNSO Council had acknowledged [gnso.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_en_coun…> the report and “the need to consider the topic of curative rights protections for IGOs in the broader context of appropriate overall scope of protection for all IGO identifiers (including IGO acronyms)”. The GNSO Council had declared its intention to review the Final Report (including the Minority Statements submitted) “with a view toward developing a possible path forward that will also facilitate the resolution of the outstanding inconsistencies between GAC advice and prior GNSO policy recommendations on the overall scope of IGO protections” as well as act on the recommendations “at the earliest opportunity following its review and deliberations on these topics”; 6. The GNSO Council had also noted that, until outstanding issues concerning protections for IGO names and acronyms are resolved, IGO acronyms remain reserved on an interim basis at the second level of the domain name system for those gTLDs delegated under the 2012 New gTLD Program round; and 7. The GNSO Council has reviewed and discussed the Working Group’s recommendations, including at a special Council discussion on 9 October 2018 where the Council also discussed the following questions: a. What questions/topics was the Working Group chartered to consider? b. Did the Working Group consider those charter topics/questions, and did it do so in a legitimate way? c. Has the Working Group followed due process? d. What were the process issues (if any) encountered by the Working Group? e. Did the Working Group address GAC advice on this topic? Resolved: 1. The GNSO Council adopts all the PDP Working Group’s final recommendations as contained in the Final Report. 2. The GNSO Council thanks the members of the PDP Working Group for their hard work in developing the recommendations. 3. Should the PDP recommendations be adopted by the ICANN Board, the GNSO Council directs ICANN staff to convene an Implementation Review Team. The Implementation Review Team will be tasked with assisting ICANN staff in developing the implementation details for the PDP recommendations, evaluating the proposed implementation of the recommendations as approved by the Board, and working with ICANN staff to ensure that the resultant implementation conforms to the intent of the approved recommendations. The Implementation Review Team shall operate in accordance with the Implementation Review Team Principles and Guidance approved by the GNSO Council in June 2015. 4. The GNSO Council requests that, following the adoption by the ICANN Board of the PDP recommendations, ICANN staff issue a call for volunteers for the Implementation Review Team, to be circulated at a minimum to the members of the PDP Working Group. Vote results [gnso.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_sites_d…> Kind regards, Nathalie

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Question from Remote Participant - GNSO Council Public Session Part I
by Ariel Liang 24 Oct '18

24 Oct '18

Dear GNSO Councilors, During the GNSO Council Public Session Part I today, a remote participate (Paul Tattersfield) asked a question to the Council. Unfortunately, we ran out of time during the Open Mic section, so his question could not be read out. Staff hereby are forwarding the question from Paul below: Paul Tattersfield: Please can I formally ask the GNSO to go back to Professor Swaine the International Law expert who wrote the report for the IGO/INGO working group and ask him to comment publicly on his report to the working group, as I believe he made a material error as a matter of fact. Best Regards, Ariel Ariel Xinyue Liang GNSO Policy Support Specialist Internet Corporation for Assigned Names and Numbers (ICANN) Mobile: +1 310 804 2761 Skype: ariel.liang.icann www.icann.org

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FW: Fwd: IMPORTANT: INFORMATION CONCERNING THE RESERVE FUND
by Drazek, Keith 24 Oct '18

24 Oct '18

FYI From: Erika Mann <erika(a)erikamann.com> Sent: Wednesday, October 24, 2018 4:08 PM To: Drazek, Keith <kdrazek(a)verisign.com> Subject: [EXTERNAL] Fwd: IMPORTANT: INFORMATION CONCERNING THE RESERVE FUND Dear Keith - as discussed right now! Kind regards, Erika ---------- Forwarded message ---------- From: Erika Mann <erika(a)erikamann.com<mailto:erika@erikamann.com>> Date: Wed, Oct 24, 2018 at 1:27 PM Subject: Fwd: IMPORTANT: INFORMATION CONCERNING THE RESERVE FUND To: Heather Forrest <haforrestesq(a)gmail.com<mailto:haforrestesq@gmail.com>>, "Austin, Donna" <Donna.Austin(a)team.neustar<mailto:Donna.Austin@team.neustar>>, Rafik Dammak <rafik.dammak(a)gmail.com<mailto:rafik.dammak@gmail.com>> Dear Heather, Donna, Rafik - I'm forwarding you the information I send to the CCWG AP today concerning an upcoming Board resolution about the replenishment of the reserve fund. I'm a bit concerned to send this information to the whole GNSO, simply because it then will be on public record immediately and the Board will not pass the resolution before tomorrow. Erika ---------- Forwarded message ---------- From: Erika Mann <erika(a)erikamann.com<mailto:erika@erikamann.com>> Date: Wed, Oct 24, 2018 at 1:20 PM Subject: IMPORTANT: INFORMATION CONCERNING THE RESERVE FUND To: ccwg-auctionproceeds(a)icann.org<mailto:ccwg-auctionproceeds@icann.org> Dear CCWG AP colleagues - Cherine Chalaby asked for a meeting this morning, October 24, to inform me as CCWG AP Co-Chair about a resolution the Board will pass tomorrow morning, October 25, concerning the replenishment of the Reserve Fund. Maarten Botterman attended the meeting and Chris Disspain was present for a short period at the beginning of the meeting. To replenish the Reserve Fund, the Board resolution will request a contribution from ICANN ORG on an annual basis (8 years), total $32 Million, and an immediate contribution from Auction Proceed, total $36 Million. These two amounts seen together would replenish the Reserve Fund (in 8 years) to the agreed height. Cherine was interested in informing us ahead of the decision and I mentioned, that we were expecting such a move and, as far as this is concerned, we're not surprised to see the Board passing this resolution tomorrow and that we do appreciate his approach in informing us ahead of passing the resolution. Reminder: The 'Document for Public comment – Replenishment Strategy for the ICANN Reserve Fund' (open date, March 6th, 2018/closed April 25th, 2018) mentioned the following about the replenishment of the fund in relation to the topics mentioned above: https://www.icann.org/en/system/files/files/proposed-reserve-fund-replenish… § Contribution from ICANN Org: Future adopted budgets could be made to provide a contribution to the Reserve Fund on an annual basis. This would require ICANN Org to plan each fiscal year for expenses to be lower than funding by an amount explicitly designated for the purpose of replenishing the Reserve Fund. Given ICANN’s funding constraints, contributions from ICANN org to the Reserve Fund replenishment result from a reduced allocation of ICANN’s resources to its on-going activities, in order to produce a surplus that is allocated to the Reserve Fund. Such allocation is and needs to continue being the subject of community engagement and input. § Auction Proceeds: ICANN currently has US$ 104 million collected from auctions that were held as the mechanism of last resort to resolve string contention in the new gTLD program (including investment returns). This amount excludes US$ 132 million relating to the auction of the .WEB string net of auction fees Kind regards, Erika Barcelona, October 24, 2018

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RPM Correspondence
by Mary Wong 24 Oct '18

24 Oct '18

As requested by Phil Corwin, one of the two RPM co-chairs who spoke at the Council’s open mic session that just concluded, please find attached the correspondence referred to by him and Brian Beckham. Best regards, Mary (on behalf of Phil and Brian) From: "BECKHAM, Brian" <brian.beckham(a)wipo.int> Date: Wednesday, October 24, 2018 at 14:50 To: Heather Forrest <haforrestesq(a)gmail.com>, Mary Wong <mary.wong(a)icann.org>, "Donna.Austin(a)team.neustar" <Donna.Austin(a)team.neustar>, "rafik.dammak(a)gmail.com" <rafik.dammak(a)gmail.com> Cc: "Corwin, Philip" <pcorwin(a)verisign.com>, Kathy Kleiman <kathy(a)kathykleiman.com>, "Paul D. McGrady Jr." <PMcGrady(a)winston.com>, Samantha Eisner <Samantha.Eisner(a)icann.org> Subject: [Ext] Fw: Correspondence on behalf of George Kirikos Dear Councilors, As mentioned in-person, FYI the below and attached. Kind regards, ________________________________ From: Bernstein, Andrew <abernstein(a)torys.com> Sent: Wednesday, October 24, 2018 4:59 AM To: samantha.eisner(a)icann.org; BECKHAM, Brian; kathy(a)dnrc.tech; pcorwin(a)verisign.com; mcgradygnso(a)gmail.com; gregshatanipc(a)gmail.com Cc: Robin Gross; George Kirikos; icann(a)leap.com Subject: Correspondence on behalf of George Kirikos Dear Sirs/Mesdames, We are counsel for George Kirikos. Please see the attached correspondence. Regards, Andrew Bernstein P. 416.865.7678 | F. 416.865.7380 | 1.800.505.8679 79 Wellington St. W., 30th Floor, Box 270, TD South Tower Toronto, Ontario M5K 1N2 Canada | www.torys.com [torys.com]<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.torys.com&d=DwMFAw&…> [Torys LLP][torys.com]<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.torys.com&d=DwMFAw&…> This email and any attachments are for the sole use of the intended recipients and may be privileged or confidential. Any distribution, printing or other use by anyone else is prohibited. If you are not an intended recipient, please contact the sender immediately, and permanently delete this email and attachments. Le présent courriel et les documents qui y sont joints sont exclusivement réservés à l'utilisation des destinataires concernés et peuvent être de nature privilégiée ou confidentielle. Toute distribution, impression ou autre utilisation est interdite aux autres personnes. Si vous ne faites pas partie des destinataires concernés, veuillez en informer immédiatement l'expéditeur, ainsi que supprimer ce courriel et les documents joints de manière permanente. World Intellectual Property Organization Disclaimer: This electronic message may contain privileged, confidential and copyright protected information. If you have received this e-mail by mistake, please immediately notify the sender and delete this e-mail and all its attachments. Please ensure all e-mail attachments are scanned for viruses prior to opening or using.

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Reminder Photos of Council 2017/2018 AND 2018/2019 at 15:00 CET
by Nathalie Peregrine 24 Oct '18

24 Oct '18

Dear all, Please stay in the room during the break so the photographer can take a group photo of the 2017/2018 Council and one of the 2018/2019 Council. Photo will be taken at the back of room 115, next to the interpreter’s booth. Thank you! Nathalie Nathalie Peregrine Manager, Operations Support (GNSO) Internet Corporation for Assigned Names and Numbers (ICANN) Email: nathalie.peregrine(a)icann.org <nathalie.peregrine(a)icann.org%20> Skype: nathalie.peregrine.icann Find out more about the GNSO by taking our interactive courses<applewebdata://EB3A6F47-9760-400D-A39B-A7EFFC56B467/learn.icann.org/courses…> and visiting the GNSO Newcomer pages<https://urldefense.proofpoint.com/v2/url?u=http-3A__gnso.icann.org_sites_gn…>

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GNSO Council Abstention Notification Form [#289]
by ICANN 24 Oct '18

24 Oct '18

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GAC communique first draft
by Johan Helsingius 24 Oct '18

24 Oct '18

As a heads up, the first draft of the GAC Barcelona communique contains the following advice: 1. Based on the CCWG Accountability WS2 work, another multistakeholder process ("of some kind") should be started to study the issue of jurisdiction (as GAC can't reach consensus on approving WS2 because of that issue) 2. With regards to two-character country codes on second level, the Board is asked to explain how/if it complies with previous GAC Advice 3. On IGO-INGO curative rights, the Board is asked to facilitate a dialogue between GNSO and GAC to resolve outstanding issues (in the same way as was successfully done in the case of the Red Cross names) There will probably also be a statement on .amazon Julf

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Curative Rights Motion
by Austin, Donna 24 Oct '18

24 Oct '18

Dear Councilors Following on from our webinar last week, please find attached the motion regarding the Final Report of the Curative Rights PDP WG for consideration at our next Council meeting. Regards Donna

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Updated PDP3.0 report
by Heather Forrest 23 Oct '18

23 Oct '18

Dear colleagues, Please find attached a revised version of the PDP3.0 report (in clean and redline versions) that incorporates our discussions this morning. Best wishes, Heather

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