January 2019 - council - lists.icann.org

Welcome to LA!
by Nathalie Peregrine Jan. 23, 2019

Jan. 23, 2019

Dear all, Welcome to LA! Please join the GNSO Council leadership as well as staff support at the Doubletree bar today around 18:00 local time for informal drinks. For those of you arriving later, or maybe a tad jetlagged, a reminder that you are expected to arrive at the LA ICANN headquarters between 08:00 and 08:30 on Wednesday morning. Please find the directions to the office in the attached LA guide. Allow for 10 – 15 mins to get there on foot. Please ensure you all stop at the ICANN helpdesk to pick up your visitor badges, you will be able to keep them until Friday departure time. We will be meeting in Postel A and B which is to the left of the helpdesk. If you have questions or need assistance, please email gnso-secs(a)icann.org<mailto:gnso-secs@icann.org> or send me a Skype message. 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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Fwd: [Gnso-epdp-team] EPDP Program Status
by Rafik Dammak Jan. 21, 2019

Jan. 21, 2019

Hi all, While working on update for council this week on last EPDP status including F2F in Toronto, I think the attached status gives an idea about the work done by the team last week on the public comments review and the tasks for next 2 weeks toward final report. Best, Rafik ---------- Forwarded message --------- From: Kurt Pritz <kurt(a)kjpritz.com> Date: Mon, Jan 21, 2019, 10:47 Subject: [Gnso-epdp-team] EPDP Program Status To: EPDP <gnso-epdp-team(a)icann.org> Hi Everyone: Thank you again for you attentiveness and doggedness last week. Terrific. Attached is a status of our work. The first is an overall status outline all issues; the second is a tabular listing of the status of each Purpose and Recommendation. Please read both docs to get a complete picture. We will follow up with guides for each of the upcoming meetings. Thank you again, Kurt _______________________________________________ Gnso-epdp-team mailing list Gnso-epdp-team(a)icann.org https://mm.icann.org/mailman/listinfo/gnso-epdp-team

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Please review your project list
by Nathalie Peregrine Jan. 20, 2019

Jan. 20, 2019

Dear Councilors, Attached please find the updated Project List in both red-line and clean version for your review before the Council meeting. If there are no comments, the list will be posted on the website on page: http://gnso.icann.org/en/council/project<https://urldefense.proofpoint.com/v2/url?u=http-3A__gnso.icann.org_en_counc…> and be directly viewed at :http://gnso.icann.org/meetings/projects-list.pdf<https://urldefense.proofpoint.com/v2/url?u=http-3A__gnso.icann.org_meetings…> Thanks so much, Kind regards, Nathalie

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Re: [council] Important Preparation for GNSO Council SPS
by Marika Konings Jan. 20, 2019

Jan. 20, 2019

Dear All, Please note that some updates have been made to the agenda. An updated version has been posted on the google drive (see https://drive.google.com/drive/folders/0AFh-rKMVmPhlUk9PVA?ths=true) Similarly, some additional documents have been added to the google drive to facilitate your preparations for day 2 and 3 – these have been marked with ‘NEW’. Hereunder, you also find some information in relation to logistics and catering. Best regards, Marika ================ On arrival Tuesday 21 January 2019: Upon checking in at the Doubletree, please ensure you are provided with an envelope with your breakfast coupons. These will need to be handed in every day at breakfast. A table has been booked at the Doubletree bar from 18:30 to allow for a relaxing time after travelling. You may bill your drinks directly to your room if desired. Day 1 Wednesday 22 January 2019 Breakfast is served in the lobby from 06:30 – 10:30 am The office is 15 mins walk from the Doubletree, please aim to arrive between 08:00 and 08:20 for a session start at 08:30. Visitor badges will be available for some members, but not all, so please imessage or skype Nathalie or Steve and we will come down and let you in. Security on the ground floor will have a list with your names. * Coffee will be served from 10:30 – 11:00 * Lunch will be served from 12:30 – 13:30 * The Meet and Greet with ICANN staff will take place in the cafeteria from 16:30 – 18:00 Wednesday evening is a free evening, a table will be available at the Doubletree bar for those who wish to unwind after a busy day. A list of nearby restaurants is available in the LA Guide 2019, in the SPS Google folder. Day 2 Thursday 23 January 2019 Breakfast is served in the lobby from 06:30 – 10:30 am Please aim to arrive at the office between 08:30 and 08:50 for a session start at 09:00. * Coffee will be served from 10:30 – 11:00 * Lunch will be served from 13:00 – 14:00 * There will be coffee and tea available during the GNSO Council meeting (14:00 – 16:00) served from 15:00 onwards. Session will end at 18:00 UTC, and we will leave directly from the office to go to LA Foodworks, for a Council Development evening of cooking and (hopefully) dining on refined and delicate dishes. Transport has been organized from the office, there is no need to make your own way there. Travel time should be about 40 – 15 mins there, but much quicker on the way back. Day 3 Friday 24 January 2019 Breakfast is served in the lobby from 06:30 – 10:30 am Please aim to arrive at the office between 08:30 and 08:50 for a session start at 09:00. * Coffee will be served from 11:00 – 11:15 * Lunch will be served from 12:00 – 13:30 (with ICANN Board) Session will end at 16:00 From: council <council-bounces(a)gnso.icann.org> on behalf of "Drazek, Keith via council" <council(a)gnso.icann.org> Reply-To: "Drazek, Keith" <kdrazek(a)verisign.com> Date: Wednesday, January 16, 2019 at 10:01 To: "council(a)gnso.icann.org" <council(a)gnso.icann.org> Cc: "gnso-secs(a)icann.org" <gnso-secs(a)icann.org> Subject: [council] Important Preparation for GNSO Council SPS Hi all, In preparation for our face-to-face Strategic Planning Session next week, this is a reminder that everyone needs to come informed and prepared to engage. Last year’s SPS was successful in large part due to our dynamic engagement and discussion and because we had done our homework and were ready for meaningful dialogue on several key topics. To that end, all Councilors should arrive in Los Angeles having completed our “required reading” homework assignments. Please go to the google drive at https://drive.google.com/drive/folders/0AFh-rKMVmPhlUk9PVA?ths=true [drive.google.com]<https://urldefense.proofpoint.com/v2/url?u=https-3A__drive.google.com_drive…> and click on the “SPS 2019” folder, where you’ll find sub-folders for Day 1, Day2, Day 3 and General SPS. Please review the agenda, the PDP 3.0 Implementation Plan, and all background documents. We will be far more productive if we’re all level-set going into the meeting. A big thanks to staff for their work pulling these together in an easily-accessible place. If anyone has challenges navigating the Google drive, let us know. I look forward to seeing you all next week! Best regards, Keith

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GDPR EPDP
by Flip Petillion Jan. 18, 2019

Jan. 18, 2019

Thank you for sharing Erika. Having read the guidance document, it remains clear that the distinction controller / processor is a functional one, which must be based on a factual analysis of the processing activities instead of the contractual qualification and/or incurred liability. The Belgian DPA considers that a processor must operate as a subcontractor for the controller and that he must always operate on the account of the controller and not on his own account. Regarding Joint Controllership Agreements (JCA), the Belgian DPA notes (freely translated): “Joint controllers will have to determine their respective responsibilities in an agreement, pursuant to article 26 GDPR.” and “The initiative taken when proposing a subcontracting agreement or the contractual imbalance that exists between parties during negotiations, does not preclude the status of controller or processor of the person/entity taking the initiative or having a dominant position in the negotiations. One must always make an analysis on the basis of the prescribed factual criteria in order to legally qualify the role of each actor in the processing activity.” The above is certainly important regarding part 3 of the EPDP Report (Data Processing Terms) and for determining the responsibilities of ICANN and the (non) contracted parties. Hope this is useful. Best, Flip Flip Petillion fpetillion(a)petillion.law +32484652653 www.petillion.law [signature_694283322]<http://www.petillion.law/> Attorneys – Advocaten - Avocats From: council <council-bounces(a)gnso.icann.org> on behalf of Erika Mann <erika(a)erikamann.com> Date: Friday, 18 January 2019 at 09:55 To: "council(a)gnso.icann.org" <council(a)gnso.icann.org> Subject: [council] GDPR EPDP All - Maybe helpful for your EPDP discussion’s. Keep in mind this document is released by the Belgian national DPA and not the European cross national board of DPAs. Nonetheless I assume that they will have discussed this with their colleagues but I had no chance (yet) to check this. Regards, Erika Belgium's privacy watchdog publishes guidance on the notions of controller and processor<https://www.lexology.com/r.ashx?i=6685664&l=88SJB9G> CMS Belgium[CMS Belgium logo]<http://www.cms-db.com/> Belgium<https://www.lexology.com/hub/belgium> January 17 2019 Recently, the Belgian Data Protection Authority (“DPA<https://www.dataprotectionauthority.be/>”) published guidance on controller and processor concepts (see original documents in French<https://www.autoriteprotectiondonnees.be/sites/privacycommission/files/docu…> and in Dutch<https://www.gegevensbeschermingsautoriteit.be/sites/privacycommission/files…>), refreshing the distinction between these two concepts and their implications. In view of recent questions about the qualification and concrete application of the concepts of controller and processor, the DPA has decided to recap the principles and definitions applicable to these concepts. Sent from my iPhone

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Final Proposed Agenda GNSO Council Meeting - 24 January 2019 at 22:00 UTC
by Nathalie Peregrine Jan. 18, 2019

Jan. 18, 2019

Dear all, Please below find the final proposed agenda for the GNSO Council Meeting on 24 January 2019 at 22:00 UTC. Final GNSO Council Agenda 24 January 2019 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/JIoWBg<https://community.icann.org/display/gnsocouncilmeetings/Documents+24+Januar…> 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: 22:00 UTC: https://tinyurl.com/ybxpm8s3 14:00 Los Angeles; 17:00 Washington; 22:00 London; (Friday) 03:00 Islamabad; 07:00 Tokyo; 09:00 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 29 November 2018 were posted on the 13 December 2018 Minutes<https://gnso.icann.org/en/meetings/minutes-council-20dec18-en.pdf> of the GNSO COuncil meeting on the 20 December 2018 were posted on the 7 January 2019 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) * Confirmation of Jonathan Frost as one of the GNSO appointees to the CCWG Auction Proceeds Item 4: COUNCIL DISCUSSION - Review of Public Comment Drafts (15 minutes) The GNSO Council elects to respond to a limited number of public comment proceedings, particularly those that are relevant to the Council’s principal role as manager of the gTLD Policy Development Process. Accordingly, there are several ICANN Public comment proceedings that the Council will submit a public comment: * ICANN Draft FY20 Operating Plan and Budget and Five-Year Operating Plan Update<https://www.icann.org/public-comments/fy20-budget-2018-12-17-en> (8 February 2019. Prepared by the Standing Committee on ICANN’s Budget and Operations for Council consideration): Draft response [INSERT LINK] * ICANN Strategic Plan for Fiscal Years 2021 – 2025<https://www.icann.org/public-comments/strategic-plan-2018-12-20-en> (11 February 2019 close date. Prepared by the Standing Committee on ICANN’s Budget and Operations for Council consideration): Draft response [INSERT LINK] * Update Operating Standards for Specific Reviews<https://www.icann.org/public-comments/reviews-standards-2018-12-17-en> (11 February close date): Draft response [INSERT LINK] Here, the Council will determine if there are any objections to the draft language and if applicable, determine how to resolve those objections. In the event draft text is not yet available, the main themes for the response may be discussed. 4.1 – Update (Council leadership) 4.2 – Council discussion 4.3 – Next steps Item 5: COUNCIL DISCUSSION – Temporary Specification for Registration Data Expedited Policy Development Process - Recurring Update (15 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 – Managing the EPDP Implementation Gap and Back-up Plans (20 minutes) In connection with the previous agenda item, on 14 November 2018, Cherine Chalaby, the Chair of the ICANN Board of Directors, sent a letter<https://gnso.icann.org/sites/default/files/file/field-file-attach/chalaby-t…> to Keith Drazek, Chair of the GNSO, submitting questions regarding the status of the EPDP. Two specific areas from the letter where the Board is seeking an update are: * Deadlines - The Board notes that the EPDP team intends to issue its initial report by 19 November 2018, with a final report to be submitted to the GNSO Council by 1 February 2019. Does the GNSO Council foresee any risks of these deadlines not being met, and if so, is there anything the Board can do to Help? * Back-up Plans - The Board recommends the development of back-up plans and would very much appreciate getting a better understanding of any such plans the GNSO Council may be contemplating. More specifically, what are the thoughts of the GNSO Council on next steps, consistent with the ICANN Bylaws and ICANN’s contractual agreements with Contracted Parties, in the event the community has not reached agreement on a consensus policy prior to the expiration of the Temporary Specification? The GNSO Council sent a response<https://gnso.icann.org/en/correspondence/gnso-council-to-icann-board-10jan1…> to the ICANN Board on 10 January 2019. There, the Council acknowledged that alternative steps may be warranted, but should be considered in more depth following the January face-to-face meeting of the EPDP, if it appears the group is unlikely to meet projected timelines. The response also notes that there may be a need to consider: “…how to avoid a gap between the adoption of these policy recommendations by the ICANN Board and the subsequent implementation, noting the impending expiration of the Temporary Specification requirements. The EPDP Team is considering various options, such as the adoption of an interim policy for a set timeframe or recommending that the Temporary Specification requirements remain in place until the completion of implementation of these policy recommendations. The EPDP Team expects to obtain further guidance from ICANN Org on the options in this regard and make a recommendation accordingly in the Final Report.” Here, the Council will discuss the plan to manage the gap between successful adoption of policy recommendations and implementation, as well as back-up plans in the event the EPDP is unable to meet deadlines. 6.1 – Update (Council leadership) 6.2 – Council discussion 6.3 – Next steps Item 7: 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 (Summary Paper<https://gnso.icann.org/en/drafts/igo-ingo-crp-access-final-28nov18-en.pdf> and Slide Deck<https://gnso.icann.org/en/drafts/igo-ingo-crp-procedural-options-council-29…>) that lists issues raised by Councilors, options available, and potential considerations. During the November meeting, the Council considered a set of available options and briefly discussed possible next steps. On 20 December 2018, Council leadership circulated a proposal<https://mm.icann.org/pipermail/council/2018-December/022153.html> for next steps. Council leadership has since sent a reply<https://gnso.icann.org/en/correspondence/gnso-council-to-ismail-14jan19-en.…> to the GAC, in response to a letter received during ICANN63. Here, Councilors will discuss the proposal from Council leadership, as well as discuss immediate next steps. 7.1 – Presentation of topic (Council Leadership) 7.2 – Council discussion 7.3 – Next steps Item 8: ANY OTHER BUSINESS (10 minutes) 8.1 - Update on the CSC Effectiveness Review (Philippe Fouquart, one of the two GNSO appointed members) 8.2 - IANA Function Review (IFR) Team composition: Review of the ccNSO proposal to manage deficiencies 8.3 - ICANN64 Planning 8.4 - Discussion of proposed FY20 GNSO Council Additional Budget Requests ________________________________ 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 21:00 UTC Local time between October and March Winter in the NORTHERN hemisphere ---------------------------------------------------------------------------- California, USA (PST) UTC-8 14:00 San José, Costa Rica (CST) UTC-6 16:00 New York/Washington DC, USA (EST) UTC-5 17:00 Buenos Aires, Argentina (ART) UTC-3 19:00 Rio de Janeiro, Brazil (BRST) UTC-2 21:00 London, United Kingdom (GMT) UTC+0 22:00 Kinshasa, Democratic Republic of Congo (WAT) UTC+1 23:00 Paris, France (CET) UTC+1 23:00 Islamabad, Pakistan (PKT) (+1 day) UTC+5 03:00 Singapore (SGT) (+1 day) UTC+8 06:00 Tokyo, Japan (JST) (+1 day) UTC+9 07:00 Melbourne, Australia (AEDT) (+1 day) UTC+11 09:00 ---------------------------------------------------------------------------- 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/ybxpm8s3

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GDPR EPDP
by Erika Mann Jan. 18, 2019

Jan. 18, 2019

All - Maybe helpful for your EPDP discussion’s. Keep in mind this document is released by the Belgian national DPA and not the European cross national board of DPAs. Nonetheless I assume that they will have discussed this with their colleagues but I had no chance (yet) to check this. Regards, Erika Belgium's privacy watchdog publishes guidance on the notions of controller and processor CMS Belgium Belgium January 17 2019 Recently, the Belgian Data Protection Authority (“DPA”) published guidance on controller and processor concepts (see original documents in French and in Dutch), refreshing the distinction between these two concepts and their implications. In view of recent questions about the qualification and concrete application of the concepts of controller and processor, the DPA has decided to recap the principles and definitions applicable to these concepts. Sent from my iPhone

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GNSO Council Abstention Notification Form [#296]
by ICANN Jan. 16, 2019

Jan. 16, 2019

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Important Preparation for GNSO Council SPS
by Drazek, Keith Jan. 16, 2019

Jan. 16, 2019

Hi all, In preparation for our face-to-face Strategic Planning Session next week, this is a reminder that everyone needs to come informed and prepared to engage. Last year's SPS was successful in large part due to our dynamic engagement and discussion and because we had done our homework and were ready for meaningful dialogue on several key topics. To that end, all Councilors should arrive in Los Angeles having completed our "required reading" homework assignments. Please go to the google drive at https://drive.google.com/drive/folders/0AFh-rKMVmPhlUk9PVA?ths=true and click on the "SPS 2019" folder, where you'll find sub-folders for Day 1, Day2, Day 3 and General SPS. Please review the agenda, the PDP 3.0 Implementation Plan, and all background documents. We will be far more productive if we're all level-set going into the meeting. A big thanks to staff for their work pulling these together in an easily-accessible place. If anyone has challenges navigating the Google drive, let us know. I look forward to seeing you all next week! Best regards, Keith

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Deadline today: Document and Motion deadline Monday 14 January 2019 at 23:59 UTC for the GNSO Council Meeting 24 January 2019 at 21:00 UTC
by Nathalie Peregrine Jan. 14, 2019

Jan. 14, 2019

Dear all, Reports, motions and documents for consideration are due no later than (NLT) 10 days in advance (i.e. Monday 14 January 2019 at 23:59 UTC) of the GNSO Council Meeting on Thursday 24 January 2019 at 21:00 UTC. Motions should be sent to the Council mailing list by a councilor and will then be posted on the Wiki at: https://community.icann.org/display/gnsocouncilmeetings/Motions+24+January+… Thank you very much. With kind regards, Nathalie

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