September 2020 - council - lists.icann.org

IPC Statement EPDP 2 Final Report
by Nathalie Peregrine Sept. 24, 2020

Sept. 24, 2020

Dear councilors, Please find attached the IPC statement on the EPDP 2 Final Report sent to me by Flip Petillion earlier today. Kind regards, Nathalie

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Re: [council] [gnso-secs] RySG Council Statement
by Nathalie Peregrine Sept. 24, 2020

Sept. 24, 2020

Dear all, Thank you for sending in your statements. They will all be added in full to the GNSO Council minutes. Kind regards, Nathalie From: Gnso-secs <gnso-secs-bounces(a)icann.org> on behalf of "Sebastien(a)registry.godaddy" <Sebastien(a)registry.godaddy> Date: Thursday, 24 September 2020 at 15:20 To: "council(a)gnso.icann.org" <council(a)gnso.icann.org>, "gnso-secs(a)icann.org" <gnso-secs(a)icann.org> Cc: Maxim Alzoba <malzoba(a)gmail.com>, Keith Drazek <kdrazek(a)verisign.com> Subject: [gnso-secs] RySG Council Statement Dear All, Please find attached the RySG’s Statement regarding the EPDP Phase II Report as read for the record during our meeting today. I have just added that “The RySG supports the statement from the RrSG”, which was read after ours. Kindly, Sebastien Ducos GoDaddy Registry | Senior Client Services Manager [signature_927826223] +61449623491 Level 8, 10 Queens Road Melbourne, VIC, Australia 3004 sebastien(a)registry.godaddy<mailto:sebastien@registry.godaddy> www.linkedin.com/in/sebastienducos [linkedin.com]<https://urldefense.com/v3/__https:/www.linkedin.com/in/sebastienducos__;!!P…>

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GNSO Council resolution 24 September 2020
by Nathalie Peregrine Sept. 24, 2020

Sept. 24, 2020

Dear all, Please find below the resolution from the GNSO Council at the meeting on Thursday 24 September 2020 which will be posted shortly on the GNSO resolutions<https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_en_coun…> page. 20200924 – 1 Consent agenda · 3.1 - Action Decision Radar<https://community.icann.org/download/attachments/40175174/GNSO_Council_Prog…> decision - In respect of Recommendation 5 From IGO-INGO Access to Curative Rights Protection Mechanisms Final Report and in accordance with the Addendum[gnso.icann.org]<https://urldefense.com/v3/__https:/gnso.icann.org/sites/default/files/file/…> to the RPMs Charter adopted by the Council on 23 January 2020, the Council shall initiate both the Expressions of Interest process to identify a single, qualified Work Track Chair and issue a call for Members and Observers to join the IGO Work Track · 3.2 - Approval of the 2020 Customer Standing Committee (CSC) Slate - In accordance with Section 17.2 (d) of the ICANN Bylaw and per the CSC Charter, the full membership of the CSC must be approved by the GNSO Council. The Council approves the full slate of members and liaisons, noting that the SSAC has declined to appoint a liaison: Members: Alejandra Reynoso (LAC) Appointing Organization: ccNSO Term: 2019 - 2021 Brett Carr (Vice-Chair) (EU) re-appointed Appointing Organization: ccNSO Expected Term: 2020 - 2022 Dmitry Burkov (EU) Appointing Organization: RySG Term: 2019 - 2021 Gaurav Vedi (NA) re-appointed Appointing Organization: RySG Expected Term: 2020 - 2022 Liaisons: Lars-Johan Liman, (Chair) re-appointed Appointing Organization: RSSAC Expected Term: 2020 – 2022 Laxmi Prasad Yadav Appointing Organization: GAC Expected Term: 2020 - 2022 Holly Raiche Appointing Organization: ALAC Term: 2019 - 2021 James Gannon Appointing Organization: GNSO (Non-Registry) Term: 2019 - 2021 Naela Sarras Appointing Organization: PTI Term: no term limit Vote results<https://gnso.icann.org/sites/default/files/file/field-file-attach/gnso-coun…> 20200924-2 Adoption of the Expedited Policy Development Process (EPDP) on the Temporary Specification Phase 2 Final Report and Recommendations Submitted by Rafik Dammak Seconded by Michele Neylon WHEREAS 1. 1. On 17 May 2018<https://www.icann.org/resources/board-material/resolutions-2018-05-17-en>, the ICANN Board adopted the Temporary Specification for gTLD Registration Data<https://www.icann.org/resources/pages/gtld-registration-data-specs-en/#temp…> (“Temporary Specification”) pursuant to the procedures in the Registry Agreement and Registrar Accreditation Agreement concerning the establishment of Temporary Policies; 2. 2. Following the adoption of the Temporary Specification, and per the procedure for Temporary Policies as outlined in the Registry Agreement and Registrar Accreditation Agreement, a Consensus Policy development process as set forth in ICANN's Bylaws needs to be initiated immediately and completed within a one-year time period from the implementation effective date (25 May 2018) of the Temporary Specification; 3. 3. The GNSO Council has had a number of discussions about next steps to clarify issues around scope, timing and expectations, including a meeting between the GNSO Stakeholder Group and Constituency Chairs on 21 May 2018<https://participate.icann.org/p1420hhvj8w/>, the Council meeting on 24 May 2018<https://participate.icann.org/p8ppge1fbnu/>, a meeting between the ICANN Board and the GNSO Council on 5 June 2018<https://participate.icann.org/p6ai9gt1qeg/>and an extraordinary GNSO Council meeting on 12 June 2018<https://participate.icann.org/p2gm9co4zpi/>; 4. 4. Subsequently, the GNSO Council agreed to form a drafting team, consisting of Council leadership and interested Council members, to develop the EPDP Initiation Request and EPDP Team Charter. The drafting team submitted the proposed EPDP Initiation Request and EPDP Team Charter to the GNSO Council on 19 July 2018; 5. 5. The GNSO Council approved the EPDP Initiation Request (https://gnso.icann.org/sites/default/files/file/field-file-attach/temp-spec…) and the EPDP Team Charter (https://gnso.icann.org/sites/default/files/file/field-file-attach/temp-spec…) on 19 July 2018; 6. 6. The EPDP Team divided the work in two phases; Phase 1 completed with the adoption of the EPDP Phase 1 Final Report on 4 March 2019, at which point the GNSO Council indicated its non-objection, as required per the EPDP Team Charter, for the EPDP Team to commence work on a System for Standardized Access/Disclosure to Non-Public Registration Data (“SSAD”) as well as other topics identified in Phase 2 of the Charter and/or carried over from Phase 1 (priority 2 items); 7. 7. The EPDP Team commenced its deliberations on Phase 2 on 2 May 2019 with the development of its workplan (see https://community.icann.org/x/6BdIBg) 8. 8. The EPDP has followed the prescribed EPDP steps as stated in the Bylaws, including the publication of an Initial Report on 7 February 2020 for public comment (seehttps://www.icann.org/public-comments/epdp-phase-2-initial-2020-02-07-en) as well as an addendum to the Initial Report on 26 March 2020 (https://www.icann.org/public-comments/epdp-phase-2-addendum-2020-03-26-en, resulting in a Final Report delivered on 31 July 2020 with an updated version<https://gnso.icann.org/sites/default/files/file/field-file-attach/epdp-phas…> containing all minority statements submitted<https://mm.icann.org/pipermail/council/2020-August/023991.html> on 26 August 2020; 9. 9. Eleven (11) recommendations obtained a full consensus designation (#1, 2, 3, 4, 11, 13, 15, 16, 17, 19 and 21); Three (3) recommendations obtained a consensus designation (#7, 20 and 21); Six (6) recommendations obtained a strong support but significant opposition designation (#5, 8, 9, 10, 12 and 18), and; Two (2) recommendations obtained a divergence designation (#6 & 14); 10. 10. The EPDP Team has indicated that it considers all SSAD-related recommendations interdependent, and, as a result, recommends SSAD-related recommendations (Recommendations #1 – 18) be considered as one package by the GNSO Council and subsequently the ICANN Board; 11. 11. The GNSO Council has reviewed and discussed the Final Report<https://gnso.icann.org/sites/default/files/file/field-file-attach/epdp-phas…> and its recommendations, including during a dedicated webinar<https://icann.zoom.us/rec/share/MiLZAOAz-9S5LMcfZiM77ccUWcL9LpB8tCv9vERNxN_…> on the topic. RESOLVED 1. The GNSO Council: a. Adopts and recommends to the ICANN Board of Directors the adoption of recommendations #1 – 18 that establish a System for Standardized Access/Disclosure to Non-Public Registration Data; b. [if 1a. is adopted] Noting some of the questions surrounding the financial sustainability of SSAD and some of the concerns expressed within the different minority statements, the GNSO Council requests a consultation with the ICANN Board as part of the delivery of the GNSO Council Recommendations Report to the ICANN Board to discuss these issues, including whether a further cost-benefit analysis should be conducted before the ICANN Board considers all SSAD-related recommendations for adoption. 2. The GNSO Council adopts and recommends to the ICANN Board of Directors the adoption of recommendations #19 – 22 that address a number of priority 2 topics. 3. The GNSO Council directs ICANN org to convene an Implementation Review Team to work on the implementation of these recommendations. If acceptable to the IRT as well as ICANN org, the GNSO Council has no objection if the existing EPDP Phase 1 Implementation Review Team would take on this task, recognizing that there may be a need to refresh membership as well as align the implementation with any work that may remain from the Phase 1 implementation. The Implementation Review Team will be tasked with assisting ICANN org in developing the implementation details for the EPDP 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 extends its sincere appreciation to the Chair, Janis Karklins, Vice Chair, Rafik Dammak, EPDP Team members, alternates and support staff of the EPDP Team for their tireless efforts to deliver this Final Report, recognizing that the Council may direct that some further work is undertaken on a number of priority 2 items that were not addressed in the Phase 2 Final Report. Vote results<https://gnso.icann.org/sites/default/files/file/field-file-attach/gnso-coun…> Thank you. Kind regards, Nathalie

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RySG Council Statement
by Sebastien＠registry.godaddy Sept. 24, 2020

Sept. 24, 2020

Dear All, Please find attached the RySG’s Statement regarding the EPDP Phase II Report as read for the record during our meeting today. I have just added that “The RySG supports the statement from the RrSG”, which was read after ours. Kindly, Sebastien Ducos GoDaddy Registry | Senior Client Services Manager [signature_927826223] +61449623491 Level 8, 10 Queens Road Melbourne, VIC, Australia 3004 sebastien(a)registry.godaddy<mailto:sebastien@registry.godaddy> www.linkedin.com/in/sebastienducos<https://www.linkedin.com/in/sebastienducos>

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Statements on EPDP Phase 2
by Marie Pattullo Sept. 24, 2020

Sept. 24, 2020

Many thanks, Michele. The BC’s statement is: While extending our sincere thanks to all involved for the work to date, as noted in our joint minority statement with the IPC, the EPDP Phase 2 Final Report fails to deliver a System for Standardized Access that meets the needs of its users. Accordingly, the Business Constituency must dissent. Again as noted in our joint minority statement, the BC is a staunch supporter of the ICANN bottom-up, consensus-driven multistakeholder model, as shown by our good faith, active participation in this EPDP. Phase 2 of the EPDP was chartered to create a standardized system, with twin goals of protecting registrants’ personal data and providing users with consistent, timely and predictable access to registrant data when users have a need to process this data lawfully for their legitimate purposes. Because the Phase 2 Final Report fails to do so, we must vote against that part of the Motion pertaining to the SSAD. We refer Council to the joint minority statement from the BC and IPC for the full rationale. From: council <council-bounces(a)gnso.icann.org> On Behalf Of Michele Neylon - Blacknight Sent: Thursday, September 24, 2020 3:03 PM To: Drazek, Keith via council <council(a)gnso.icann.org> Subject: [council] RrSG Statement on EPDP Phase 2 All Please find attached the statement from the RrSG in relation to the EPDP phase 2. It contains links and other references that elaborate on the body of our statement that Greg read into the record. Regards Michele -- Mr Michele Neylon Blacknight Solutions Hosting, Colocation & Domains https://www.blacknight.com/ https://blacknight.blog/ Intl. +353 (0) 59 9183072 Direct Dial: +353 (0)59 9183090 Personal blog: https://michele.blog/ Some thoughts: https://ceo.hosting/ ------------------------------- Blacknight Internet Solutions Ltd, Unit 12A,Barrowside Business Park,Sleaty Road,Graiguecullen,Carlow,R93 X265,Ireland Company No.: 370845

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RrSG Statement on EPDP Phase 2
by Michele Neylon - Blacknight Sept. 24, 2020

Sept. 24, 2020

All Please find attached the statement from the RrSG in relation to the EPDP phase 2. It contains links and other references that elaborate on the body of our statement that Greg read into the record. Regards Michele -- Mr Michele Neylon Blacknight Solutions Hosting, Colocation & Domains https://www.blacknight.com/ https://blacknight.blog/ Intl. +353 (0) 59 9183072 Direct Dial: +353 (0)59 9183090 Personal blog: https://michele.blog/ Some thoughts: https://ceo.hosting/ ------------------------------- Blacknight Internet Solutions Ltd, Unit 12A,Barrowside Business Park,Sleaty Road,Graiguecullen,Carlow,R93 X265,Ireland Company No.: 370845

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GNSO Council Absence Notification Form: Elsa Saade
by GNSO Council via ICANN Sept. 24, 2020

Sept. 24, 2020

#submission { font-family: "Trebuchet MS"; border-collapse: collapse; width: 100%; } #submission td, #submission th { border: 1px solid #ddd; padding: 8px; text-align: left; } Full Name of Officer: Rafik Dammak Officer Email Address: rafik.dammak(a)gmail.com Date Prepared: 24 September 2020 GNSO Organization: Non-Commercial Stakeholder Group Officer Position or Title: Policy Committee Chair Name of Absent Councilor: Elsa Saade Voting Remedy: Proxy Proxy Information Reason(s) for or condition(s) leading to the remedy: Elsa is unable to attend the meeting due to work pressures. Specific subject(s)/measure(s)/motion(s)/action(s) of the Council for which the remedy is being exercised: Any voting/decision Date upon which the remedy will expire or terminate: 30 September 2020 I affirm that a voting position has been established on the matter(s) at issue pursuant to provisions contained in our Charter or Bylaws. Yes Our GNSO Councilor has been instructed on how to vote on the matter(s). Yes Full Name of GNSO Councilor Serving as Voting Proxy: James Gannon Temporary Alternate Information Reason(s) for or condition(s) leading to the remedy: Specific subject(s)/measure(s)/motion(s)/action(s) of the Council for which the remedy is being exercised: Date upon which the remedy will expire or terminate: Full Name of Councilor's Temporary Alternate: [Note: if not already published and available, a short bio and Statement/Disclosure of Interest should be prepared by the Temporary Alternate and delivered to the GNSO Secretariat in advance of any discussion or voting scheduled to take place]. Temporary Alternate Email Address: Voting Direction Information Reason(s) for or condition(s) leading to the remedy: Specific subject(s)/measure(s)/motion(s)/action(s) of the Council for which the remedy is being exercised: Date upon which the remedy will expire or terminate: I affirm that a voting position has been established on the matter(s) at issue pursuant to provisions contained in our Charter or Bylaws. Our GNSO Councilor has been instructed on how to vote on the matter(s). By submitting my personal data, I agree that my personal data will be processed in accordance with the ICANN Privacy Policy [1], and agree to abide by the website Terms of Service [2]. I Agree [1] https://www.icann.org/privacy/policy [2] https://www.icann.org/privacy/tos

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24 September GNSO Council Meeting
by Drazek, Keith Sept. 24, 2020

Sept. 24, 2020

Hi all, In preparation for the upcoming GNSO Council meeting, I’m aware there will be several statements made by our SGs and Cs on the EPDP Phase 2 Final Report. Our meeting agenda is very busy, so we may need to add an additional 30 minutes to the meeting if those statements take up substantial time, over and above the time it will take to conduct 3 separate roll call votes. Please plan accordingly. Finally, on the EPDP Phase 2 vote, we will hold the votes first and then make time for all statements and/or explanations if anyone abstains. We will make sure to cover all statements. Thanks and I look forward to our September meeting. Best regards, Keith

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Re: [council] EPDP priority 2 next steps
by Marie Pattullo Sept. 23, 2020

Sept. 23, 2020

Hi Rafik, Many thanks - again – for all of your work on this! Looking forward to the discussion tomorrow but in the meantime, as requested some thoughts/input in the attached. Best Marie From: council <council-bounces(a)gnso.icann.org<mailto:council-bounces@gnso.icann.org>> On Behalf Of Rafik Dammak Sent: Friday, September 11, 2020 10:17 AM To: Council GNSO <council(a)gnso.icann.org<mailto:council@gnso.icann.org>> Subject: [council] EPDP priority 2 next steps hi all, As a follow-up of the action item from the last GNSO council meeting, I am submitting on behalf of the council leadership team a new document regarding the proposal for remaining priority 2 items. This proposal takes into account the different viewpoints expressed concerning timing and the general support for the approach proposed by the small team. The document outlines the immediate steps that can be taken. Please share your thoughts/input. Best Regards, Rafik

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Re: [council] Motion for EPDP phase 2 final report
by Marie Pattullo Sept. 23, 2020

Sept. 23, 2020

Hi, Keith. Not a concern but just a quick clarification, please. I see that we have one motion, but after leadership’s proposal in August and as confirmed by Caitlin during the Council webinar*, can you confirm that we will be voting twice, once for Resolved Clause 1 and separately for Resolved Clause 2? Many thanks, Marie * Caitlin Tubergen: ... Marie, if you are asking about the SSAD and priority 2 recs in the Final Report, the idea is that those are considered separately, but this may happen as part of the same motion (allowing for voting on individual resolved clauses). ... Having two motions would just mean duplication of whereas clauses instead of packaging it into one. From: council <council-bounces(a)gnso.icann.org<mailto:council-bounces@gnso.icann.org>> On Behalf Of Drazek, Keith via council Sent: Monday, September 14, 2020 4:09 PM To: council(a)gnso.icann.org<mailto:council@gnso.icann.org> Cc: gnso-secs(a)icann.org<mailto:gnso-secs@icann.org> Subject: Re: [council] Motion for EPDP phase 2 final report Hi all, If anyone has questions or concerns about the draft motion language, please flag those now so we can address them prior to the Council meeting on 24 September. Noting that we’ve now had the EPDP Phase 2 Final Report for six weeks, and all minority statements for two weeks, I am not inclined to grant a deferral request of this vote barring a significant and substantive reason. Thanks in advance for your cooperation. Best, Keith From: council <council-bounces(a)gnso.icann.org<mailto:council-bounces@gnso.icann.org>> On Behalf Of Rafik Dammak Sent: Friday, September 11, 2020 4:56 AM To: Michele Neylon - Blacknight <michele(a)blacknight.com<mailto:michele@blacknight.com>> Cc: Council GNSO <council(a)gnso.icann.org<mailto:council@gnso.icann.org>> Subject: [EXTERNAL] Re: [council] Motion for EPDP phase 2 final report Thanks Michele. Rafik On Fri, Sep 11, 2020, 19:19 Michele Neylon - Blacknight <michele(a)blacknight.com<mailto:michele@blacknight.com>> wrote: Rafik If you need a second on that motion you have mine. Regards Michele -- Mr Michele Neylon Blacknight Solutions Hosting, Colocation & Domains https://www.blacknight.com/<https://secure-web.cisco.com/1TVKzve8Vtq0cJOSnUcbRlWCItqRJIXF_6DTgfMe9mhfxt…> https://blacknight.blog/ Intl. +353 (0) 59 9183072 Direct Dial: +353 (0)59 9183090 Personal blog: https://michele.blog/ Some thoughts: https://ceo.hosting/<https://secure-web.cisco.com/1dcDNByAOO1R2DwpN3e7n6vMpSSjkJ4YtpPKXHf2YymFVa…> ------------------------------- Blacknight Internet Solutions Ltd, Unit 12A,Barrowside Business Park,Sleaty Road,Graiguecullen,Carlow,R93 X265,Ireland Company No.: 370845 From: council <council-bounces(a)gnso.icann.org<mailto:council-bounces@gnso.icann.org>> on behalf of Rafik Dammak <rafik.dammak(a)gmail.com<mailto:rafik.dammak@gmail.com>> Date: Friday 11 September 2020 at 09:16 To: Council GNSO <council(a)gnso.icann.org<mailto:council@gnso.icann.org>> Subject: [council] Motion for EPDP phase 2 final report hi all, I am submitting the motion for the Adoption of the Expedited Policy Development Process (EPDP) on the Temporary Specification Phase 2 Final Report and Recommendations, to be considered for the next GNSO council meeting. Best Regards, Rafik

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