November 2018 - council - lists.icann.org

FOR REVIEW & COUNCIL MEETING USE: Procedural options for IGO-INGO Curative Rights PDP
by Mary Wong Nov. 28, 2018

Nov. 28, 2018

Dear Councilors, Please find attached, for your review and reference during your upcoming meeting: (1) a paper outlining six procedural options concerning next steps for the IGO-INGO Curative Rights PDP Final Report; (2) an accompanying flowchart illustrating some of the options; and (3) two slides highlighting the six options in bullet point format with some brief background references. Please also note the following: * Although Council leadership reviewed an earlier version of the options paper, they have not yet had a chance to review this updated version or the slides – but have nevertheless asked staff to forward them to you all in advance of the Council call; * While the slides list all six procedural options, they do not include all the considerations, benefits and risks that are described in the paper – the slides are intended simply as a visual aid for your reference during the Council call itself, so please be sure to review the full options table in the paper; * The flowchart was prepared for the previous Council leadership team (in August 2018) but is still generally reflective of the process available to this Council; and * The options paper includes an Appendix that summarizes the concerns that have been raised and discussed by the Council to date in relation to the PDP Final Report, including at ICANN63 in Barcelona. We hope these documents are useful to the Council’s further deliberations as to next steps for the IGO-INGO Curative Rights PDP. Thank you. Best regards, Steve & Mary

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Fwd: [Ext] Re: GNSO Council comment - CCWG Auction Proceeds
by Erika Mann Nov. 28, 2018

Nov. 28, 2018

Dear Colleagues, During our wrap up session at ICANN63, I had committed to share with you some further thoughts in relation to whether the Council should consider submitting input to the public comment forum on the Initial Report of the new gTLD Auction Proceeds CCWG. Unless there are any specific concerns or issues in the Initial Report that the Council believe should be flagged from a Council perspective, I would like to suggest that the Council submit a short note thanking the CCWG for its efforts, welcoming the Initial Report and noting that GNSO SG/Cs have been encouraged to provide input on the Initial Report. I would be happy to draft something if you would support this course of action. Do note that the public comment forum closes on 27 November so any statement would need to be agreed on via the mailing list as soon as possible. Similarly, the Council discussed the recent Board decision to allocate part of the auction proceeds to the reserve fund. Staff kindly followed up with further information in relation to this decision ( https://mm.icann.org/pipermail/council/2018-October/021987.html) as requested. I am not sure whether there is a further desire to discuss this issue and/or consider undertaking potential action, but I would suggest that this is considered separately from the new gTLD Auction Proceeds CCWG as it is not within its remit to reconsider or change the Board action. I look forward to receiving your feedback, Erika Erika Mann GNSO Council erika(a)erikamann.com +32 498 121354

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Electronic vote result / Adoption of the Revised Nomination of GNSO Candidates for the Third Review of ICANN Accountability and Transparency (ATRT3)
by Terri Agnew Nov. 27, 2018

Nov. 27, 2018

Dear Councilors, The GNSO Council email vote on the motion on the Revised Nomination of GNSO Candidates for the Third Review of ICANN Accountability and Transparency (ATRT3) (see: https://community.icann.org/x/TAjVBQ) closed at 23:59 UTC on Monday 26 November 2018. With 7 votes in favor in the Contracted Party House, and 13 votes in favor in the Non-Contracted Party House, the motion passes with 100% votes in favor in the CPH and 100% in favor in the NCPH. Please find the results attached and at the url below: https://tally.icann.org/cgi/results?e=4dcde77650a There were 20 eligible voters, 20 voters expressed their vote. The resolutions from this vote will be posted on page: http://gnso.icann.org/en/council/resolutions Thank you for your cooperation in completing the vote. With kind regards, Nathalie ---

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GNSO Council Abstention Notification Form [#290]
by ICANN Nov. 26, 2018

Nov. 26, 2018

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Expression of Interest – GNSO Nominated Mentor for the ICANN Fellowship Program
by Emily Barabas Nov. 26, 2018

Nov. 26, 2018

Dear Councilors, Welcome back to those of you who celebrated the Thanksgiving holiday last week. I hope you had an enjoyable and restful break. The GNSO recently opened an Expression of Interest process to solicit volunteers for the GNSO nominated mentor for the ICANN Fellowship Program. You can find additional information here: https://gnso.icann.org/en/announcements/announcement-20nov18-en.htm. The deadline for applications is Friday 7 December. This announcement has already been distributed through the SG/Cs, but to ensure that we have a strong pool of candidates, we appreciate your assistance in spreading the word. If you have any questions, please do not hesitate to get in touch. Kind regards, Emily Emily Barabas | Policy Manager ICANN | Internet Corporation for Assigned Names and Numbers Email: emily.barabas(a)icann.org | Phone: +31 (0)6 84507976

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Deadline Monday 26 November: Notification of Electronic vote: GNSO Candidates for the Third Review of ICANN Accountability and Transparency (ATRT3)
by Nathalie Peregrine Nov. 25, 2018

Nov. 25, 2018

Dear Councilors, By now you should have received your electronic ballots for the motion on the Revised Nomination of GNSO Candidates for the Third Review of ICANN Accountability and Transparency (ATRT3) (https://community.icann.org/x/TAjVBQ ) Please make sure that you received your ballot, from tally(a)icann.org<mailto:tally@icann.org>, and if you do not please let me know immediately: gnso-secs(a)icann.org<mailto:gnso-secs@icann.org> The vote will close at 23:59 UTC on Monday, 26 November 2018. Thank you. Kind regards, Nathalie

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EPDP initial report published
by Rafik Dammak Nov. 21, 2018

Nov. 21, 2018

hi all, I am happy to share that the EPDP team published today its initial report https://www.icann.org/public-comments/epdp-gtld-registration-data-specs-ini… . The public comment will be open for 30 days. Best Regards, Rafik

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FOR YOUR INFORMATION: Public comment proceeding open for Red Cross PDP recommendations
by Mary Wong Nov. 21, 2018

Nov. 21, 2018

Dear Councilors, This note is to inform you that, in accordance with the transparency requirements of the ICANN Bylaws (Article 3, Section 3.6), a public comment period has just been opened for the final recommendations from the reconvened PDP on Red Cross names: https://www.icann.org/news/announcement-2018-11-21-en. You will recall that the GNSO Council approved all the final PDP recommendations at its meeting in September 2018. This public comment proceeding is intended to provide a reasonable opportunity for public input on the proposed policy prior to Board action on the matter. In addition, the Bylaws permit the GAC to provide timely advice at this stage should there be any public policy concerns. Staff currently anticipates that the Board consideration of the PDP recommendations can therefore take place in early 2019, following the close of the public comment period. At that time, staff will forward the PDP Final Report, the GNSO Council’s Recommendations Report (approved by the GNSO Council in October 2018) and any relevant public input to the Board. Under the ICANN Bylaws, the Board is also obliged to take into account any timely GAC advice that may be published. Staff will continue to keep you informed of the status of this matter. Thank you. Cheers Mary Mary Wong Vice President, Strategic Community Operations, Planning & Engagement Internet Corporation for Assigned Names and Numbers (ICANN) Email: mary.wong(a)icann.org<mailto:mary.wong@icann.org> Telephone: +1-603-5744892

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Notification of Electronic vote: GNSO Candidates for the Third Review of ICANN Accountability and Transparency (ATRT3)
by Terri Agnew Nov. 21, 2018

Nov. 21, 2018

Dear Councilors, By now you should have received your electronic ballots for the motion on the Revised Nomination of GNSO Candidates for the Third Review of ICANN Accountability and Transparency (ATRT3) (https://community.icann.org/x/TAjVBQ ) Please make sure that you received your ballot, from tally(a)icann.org<mailto:tally@icann.org>, and if you do not please let me know immediately: gnso-secs(a)icann.org<mailto:gnso-secs@icann.org> The vote will close at 23:59 UTC on Monday, 26 November 2018. Thank you. Kind regards, Nathalie

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Final Proposed Agenda GNSO Council Meeting - 29 November 2018 at 12:00 UTC
by Nathalie Peregrine Nov. 20, 2018

Nov. 20, 2018

Dear all, Please below find the final proposed agenda for the GNSO Council Meeting on 29 November 2018 at 12:00 UTC. Final GNSO Council Agenda 29 November 2018 Please note that all documents referenced in the agenda have been gathered on a Wiki page for convenience and easier access: https://community.icann.org/x/wRVpBQ <https://community.icann.org/x/lwHVBQ> This agenda was established according to the GNSO Operating Procedures<https://gnso.icann.org/en/council/op-procedures-30jan18-en.pdf> v3.3, updated on 30 January 2018 For convenience: * An excerpt of the ICANN Bylaws defining the voting thresholds is provided in Appendix 1 at the end of this agenda. * An excerpt from the Council Operating Procedures defining the absentee voting procedures is provided in Appendix 2 at the end of this agenda. Coordinated Universal Time: 12:00 UTC: https://tinyurl.com/yaojzutp 04:00 Los Angeles; 07:00 Washington; 12:00 London; 17:00 Islamabad; 21:00 Tokyo; 23:00 Melbourne GNSO Council Meeting Audio Cast Listen in browser: http://stream.icann.org:8000/stream01 <https://urldefense.proofpoint.com/v2/url?u=http-3A__stream.icann.org-3A8000…> Listen in application such as iTunes: http://stream.icann.org:8000/stream01.m3u<https://urldefense.proofpoint.com/v2/url?u=http-3A__stream.icann.org-3A8000…> Councilors should notify the GNSO Secretariat in advance if they will not be able to attend and/or need a dial out call. ___________________________________ Item 1. Administrative Matters (5 mins) 1.1 - Roll Call 1.2 - Updates to Statements of Interest 1.3 - Review / Amend Agenda 1.4 - Note the status of minutes for the previous Council meetings per the GNSO Operating Procedures: Minutes<https://gnso.icann.org/sites/default/files/file/field-file-attach/minutes-c…> of the GNSO Council meeting on the 25 September 2018 were posted on the 13 October 2018 Minutes part I<https://gnso.icann.org/en/meetings/minutes-council-1-24oct18-en.pdf> and part II <https://gnso.icann.org/en/meetings/minutes-council-2-24oct18-en.pdf> of the GNSO Council meetings on the 24 October 2018 were posted on the 12 November 2018 Item 2. Opening Remarks / Review of Projects & Action List (15 minutes) 2.1 - Review focus areas and provide updates on specific key themes / topics, to include 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 (5 minutes) * Motion<https://community.icann.org/x/lQHVBQ> to adopt the GNSO Council response to the GAC Communiqué. * Motion<https://community.icann.org/x/lQHVBQ> for the confirmation of GNSO representative to the Empowered Community Administration. Item 4: COUNCIL DISCUSSION – IGO-INGO Access to Curative Rights Protection Mechanisms (15 minutes) The IGO-INGO Access to Curative Rights Protection Mechanisms PDP WG had worked to resolve a final recommendation relating to IGO jurisdictional immunity and registrants’ rights to file court proceedings. The WG has determined consensus on a set of options for this final recommendation, as well as for all other recommendations. The WG Chair proposed his determination of consensus levels for all recommendations, which the WG affirmed. On 27 June 2018, the GNSO Council passed a resolution<https://gnso.icann.org/en/council/resolutions#201806>, thanking the PDP WG for its efforts and requesting that it submit its Final Report in time for the 19 July 2018 Council meeting. After having agreed on consensus levels for its final recommendations, the WG considered the text of its Final Report. On 9 July 2018, the PDP WG submitted its Final Report<https://gnso.icann.org/en/issues/igo-ingo-crp-access-final-17jul18-en.pdf> to the GNSO Council for its consideration, which contains five consensus recommendations and three minority statements, documenting their disagreement either with one or more of the final recommendations or other parts of the Final Report. There remain several inconsistencies between GAC advice and consensus recommendations from the IGO-INGO PDP WG, which have yet to be reconciled, including on the topic of appropriate protections for IGO acronyms (both preventative and curative). During its 19 July Council meeting, the Council resolved<https://gnso.icann.org/en/council/resolutions#201807> to accept the Final Report from the IGO-INGO Access to Curative Rights Mechanisms PDP Working Group and has begun considering the topic of curative rights protections for IGOs in the broader context of appropriate overall scope of protection for all IGO identifiers. On 9 October 2018, the Council held a question and answer webinar to review the recommendations and to ask itself a series of questions, 1) Does the Council believe that the PDP has addressed the issues that it was chartered to address (i.e. What questions/topics was the Working Group chartered to consider, did it consider those charter topics/questions, and did it do so in a legitimate way)?; 2) Has the PDP followed due process?; and 3) Did the PDP Working Group address GAC advice on the topic? A motion to consider the Final Report was originally on the 24 October 2018 Council meeting agenda but was withdrawn due to concerns around both the process followed by the PDP, as well as the substance of the PDP WG’s recommendations. Council leadership and staff have developed a summary document [INSERT LINK WHEN READY] that lists issues raised by Councilors, options available, and potential considerations. Here, the Council will consider the options available and discuss appropriate next steps. 4.1 – Presentation of topic (Council Leadership) 4.2 – Council discussion 4.3 – Next steps Item 5: COUNCIL UPDATE – Temporary Specification for Registration Data Expedited Policy Development Process - Recurring Update (25 minutes) On 19 July 2018, the GNSO Council resolved<https://gnso.icann.org/en/council/resolutions#20180719-2> to initiate the Expedited Policy Development Process (EPDP) on the Temporary Specification for gTLD Registration Data and adopt the EPDP Team Charter<https://gnso.icann.org/sites/default/files/file/field-file-attach/temp-spec…>. Given the challenging timeline for the EPDP and the GNSO Council’s role in managing the PDP process, the Council has agreed that including a recurring update on the EPDP for each Council meeting is prudent. Here, the Council will receive an update from the GNSO Council liaison to the EPDP. 5.1 – Update (Rafik Dammak, GNSO Council liaison to the EPDP and EPDP vice-chair) 5.2 – Council discussion 5.3 – Next steps Item 6: COUNCIL DISCUSSION – ICANN Reserve Fund (15 minutes) The ICANN Reserve Fund was created in 2007 with a target level set at a minimum of 12 months of Operating Expenses. It has been funded through operational excesses. Over the past years, ICANN's operations have grown, its risk profile has evolved, and withdrawals have been made to fund the IANA stewardship transition expenses. On 6 March 2018, ICANN Org sought public comment<https://www.icann.org/public-comments/reserve-fund-replenishment-2018-03-06…> on the Reserve Fund replenishment strategy, to bring the Reserve Fund to its minimum target level of 12 months. During the 25 October 2018 meeting of the ICANN Board, two resolutions were adopted to transfer funds to the Reserve Fund. The first<https://www.icann.org/resources/board-material/resolutions-2018-10-25-en#2.c> transferred US$3,000,000 from the Operating Fund. The second<https://www.icann.org/resources/board-material/resolutions-2018-10-25-en#2.f> allocated US$36,000,000 of auction proceeds to the Reserve Fund. Several Council members expressed concern that auction proceeds were utilized for this purpose, diminishing the pool of allocatable funds available to the recommendations of the New gTLD Auction Proceeds Cross-Community Working Group (CCWG). Here, the Council discuss potential issues and determine if any remedial actions may be necessary at the Council level. 6.1 – Presentation of topic (Council Leadership) 6.2 – Council discussion 6.3 – Next steps Item 7: COUNCIL DISCUSSION – Discussion of the Inter-Registrar Transfer Policy (IRTP) Policy Status Report (15 minutes) The Consensus Policy Implementation Framework (CPIF) provides guidance to ICANN org and the community for implementing policy. However, there is minimal guidance in this document or in other documentation around the review of implemented policies adopted by the GNSO Council. In some cases, a review is explicitly mandated as an element of the PDP WG’s recommendations to the Council, but in some cases, the recommendations are silent in this respect. ICANN org, in consultation with the Council, prepared a draft framework on the approach for post-implementation reviews of Council adopted policy recommendations. The framework provides guidance on a number of questions (e.g., When should a review be initiated when there is no PDP recommendation to do so? What triggers should initiate a review? What are the expected outcomes of the review? Etc.). During its 26 April 2018 meeting, the Council tentatively agreed to have ICANN org conduct a review of the Inter-Registrar Transfer Policy (IRTP). ICANN org utilized the draft framework for conducting the post-implementation review of the IRTP. On 14 November 2018, ICANN org published<https://www.icann.org/public-comments/irtp-status-2018-11-14-en> the IRTP Policy Status Report for public comment. Here, the Council will receive an update on the report, discuss its initial reactions, and consider next steps. 7.1 – Presentation of materials (Brian Aitchison) 7.2 – Council discussion 7.3 – Next steps Item 8: ANY OTHER BUSINESS (10 minutes) 8.1 - Update on the Council Strategic Planning Session 8.2 - Permanent GNSO representative to the Fellowship Selection Committee ________________________________ Appendix 1: GNSO Council Voting Thresholds (ICANN Bylaws, Article 11, Section 11.3(i)) See https://www.icann.org/resources/pages/governance/bylaws-en/#article11. Appendix 2: GNSO Council Absentee Voting Procedures (GNSO Operating Procedures, Section 4.4) See https://gnso.icann.org/sites/default/files/file/field-file-attach/op-proced… References for Coordinated Universal Time of 12:00 UTC Local time between March and October Summer in the NORTHERN hemisphere ---------------------------------------------------------------------------- California, USA (PDT) UTC-8 04:00 San José, Costa Rica (CST) UTC-6 06:00 New York/Washington DC, USA (EDT) UTC-5 07:00 Buenos Aires, Argentina (ART) UTC-3 09:00 Rio de Janeiro, Brazil (BRST) UTC-2 10:00 London, United Kingdom (GMT) UTC+0 12:00 Kinshasa, Democratic Republic of Congo (WAT) UTC+1 13:00 Paris, France (CET) UTC+1 13:00 Islamabad, Pakistan (PKT) UTC+5 17:00 Singapore (SGT) UTC+8 20:00 Tokyo, Japan (JST) UTC+9 21:00 Melbourne, Australia (AEDT) UTC+11 23:00 ---------------------------------------------------------------------------- DST starts/ends on Sunday 31 of March 2019, 2:00 or 3:00 local time (with exceptions) for EU countries and on Sunday 10 of March 2018 for the US. ---------------------------------------------------------------------- For other places see http://www.timeanddate.com<http://www.timeanddate.com/> and https://tinyurl.com/yaojzutp

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