July 2023 - council - lists.icann.org

REMINDER | Document and Motion deadline | Monday, 14 August 2023 at 23:59 UTC for GNSO Council Meeting 24 August at 13:00 UTC
by Terri Agnew Aug. 7, 2023

Aug. 7, 2023

Dear all, Reports, motions and documents for consideration are due no later than (NLT) 10 days in advance (i.e. Monday, 14 August 2023 at 23:59 UTC) of the GNSO Council Meeting on Thursday, 24 August at 13:00 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/x/voBXDg Thank you. Terri

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Re: [council] [Ext] Re: Message from Tripti Sinha to Former CCWG-AP Members
by Anne ICANN Aug. 5, 2023

Aug. 5, 2023

Thanks Xavier. As I am a CSG appointed delegate in this matter, I cannot provide a substantive response to your explanation. Based on the feedback received thus far on the CSG mailing list and the GNSO Council list, it appears the timing of this proposed Board Resolution (TODAY?) is quite concerning given that it modifies a Recommendation contained in the CCWG Final Report without adequate prior consultation with the ICANN community. Significant concerns have been raised by some, not only about procedure, but also about the substantive effectiveness of the chosen path. No one is more interested than I in seeing the ICANN Grant Program move forward. I'm sure CSG members feel similarly. Nonetheless, legitimate concerns have been raised about the timing and the methods chosen for modifying a CCWG Recommendation. The actual Resolution language and the timing of the action were not sent in the previous notification. Accordingly, it would seem appropriate to defer any final action on the proposed Resolution to allow for further discussion. Please include this comment on the list you are now establishing and I do give consent for the posting of this and prior comments communicated. ( I have already authorized Giovanni to add me to that list.) Thank you, Anne Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2024 anneicanngnso(a)gmail.com On Thu, Jul 27, 2023 at 8:04 AM Xavier Calvez <xavier.calvez(a)icann.org> wrote: > Dear Anne, > > Thank you for your response to Tripti regarding the Board’s anticipated > action on the use of ICANN Accountability Mechanisms in the ICANN Grant > Program. This message is in response to the email you sent last week > (below). I know that Tripti and Maarten are in receipt of your email from > yesterday and will share its content with the Board. > > You raised several points, and I wanted to confirm that the org’s Grant > Program Core Team and Steering Committee, as well as the Board, have been > carefully considering these items. > > While the Board has not taken its decision yet, I want to confirm to you > that the org and the Board carefully considered and discussed the impact of > the original recommendation on both applicants and third parties. As the > org team considered the impact of seeking a fundamental Bylaws change that > altered the scope of ICANN’s Independent Review Process and the > Reconsideration Request Process while making sure that those changes were > as narrowly tailored to the CCWG-AP’s recommendations as possible, > significant concerns were uncovered. While the amendments would equally > impact applicant and third-party access to accountability mechanisms, the > contemplated amendments would actually be quite narrow in impact and could > create significant loopholes for the use accountability mechanisms by > either applicants or third parties to still challenge actions within the > Grant Program. The Board’s revised action was reached after evaluating > other ways to achieve as much of the CCWG-AP’s intended goal as possible, > while also upholding ICANN’s core commitments to accountability and to > having its accountability mechanisms remain available. The Board’s > resolution and supporting rationale (if adopted) will provide additional > detail. > > As to your notes regarding the limited review opportunities that org is > considering within the Grant Program, to the extent such opportunities will > be built into the Program, they are currently contemplated to be only for > use by the impacted grant applicant, and not for third parties, and will be > limited to procedural items that could arise along the path of evaluation > of the applicant and application. They are contemplated to be lightweight > mechanisms in line with global grant program best practices, and not > appeals of issues such as grant amount, as you also caution against. > > On a procedural note, I want to confirm that the email you received was > sent to all former CCWG-AP members. For transparency, we will be moving > these communications back onto a publicly archived mailing list, and we > think that the issues raised in your email (and our response) are important > parts of continuing the dialogue for the benefit of the community. Please > indicate if you are willing to be subscribed to the new publicly archived > mailing list, and if you agree to us posting your comment and our response > within that list. > > Thank you for your interest on this important program, and your time and > efforts offered to the ICANN community to make this program successful. > > Thank you. > > > > > > Thank you. > > > > Best, > > > > Xavier > > > > > > Xavier Calvez > > ICANN > > *SVP Planning and CFO* > > *12025 Waterfront Drive, Suite 300* > > *Los Angeles, California 90094* > > *USA * > > *Office phone:* +1 310 301 5800 > > *Cell phone:* +1 805 312 0052 > > *Skype:* Xavier.calvez.icann > > > > > > > > *From: *Anne ICANN <anneicanngnso(a)gmail.com> > *Date: *Thursday, July 20, 2023 at 12:34 PM > *To: *Wendy Profit <wendy.profit(a)icann.org> > *Cc: *Tripti Sinha <tripti.sinha(a)board.icann.org>, Maarten Botterman < > maarten.botterman(a)board.icann.org>, Xavier Calvez <xavier.calvez(a)icann.org>, > Giovanni Seppia <giovanni.seppia(a)icann.org> > *Subject: *[Ext] Re: Message from Tripti Sinha to Former CCWG-AP Members > > > > Many thanks, Tripti. > > > As the former CSG Voting Member to the CCWG Auction Proceeds, I plan to > forward this information to CSG members. My personal comment in advance > of CSG input would be to note that any new procedural review mechanism > adopted by the Board should be "lightweight" and fast. Further, it > probably should not be available to challenge the specific amount of any > grant, but only for the purpose of a procedural review of a denial of a > grant. Nor would it be advisable for anyone to be able to challenge any > grant made to another party. The Independent panel mechanism should be > sufficient to ensure fairness. (In this regard, it may be advisable to put > the proposed limited procedural review mechanism out for public comment. ) > > > > Is the Board comfortable that third parties who have not applied for a > grant (and thus have not entered into the contractual restriction) would > not have grounds to challenge a grant made to someone else by availing > themselves of the existing Accountability Mechanisms? ( I think this may > be the reason that the CCWG settled on recommending a ByLaws amendment.) > > > > As to whether the CCWG should be reconvened for the purpose of designing > this procedural review, I'll seek input from the CSG on that question but > am not expecting any strong opinions there. > > > > Thank you, > > Anne > > > > Thank you! > > Anne > > Anne Aikman-Scalese > > GNSO Councilor > > NomCom Non-Voting 2022-2024 > > anneicanngnso(a)gmail.com > > > > > > On Thu, Jul 20, 2023 at 6:24 AM Wendy Profit <wendy.profit(a)icann.org> > wrote: > > *Sending on behalf of ICANN Board Chair, Tripti Sinha…* > > > > > > Dear Former CCWG-AP Members, (in bcc) > > > > In follow up to the update email from Xavier Calvez, I am writing to you > as Chair of the ICANN Board to update you on the Board’s discussions at its > workshop during ICANN77. During this workshop, the ICANN Board discussed > with ICANN org how to best implement Recommendation #7 of the Final > Report. > > > > As a reminder, part of Recommendation #7 stated that ICANN’s existing > accountability mechanisms – the Independent Review Process (IRP) or the > Reconsideration Process – could not be used to challenge decisions made by > the Independent Applications Assessment Panel on individual applications > within the Grant Program. To allow this would add unnecessary complexity to > the program. Additionally, the total available funding for the program > could also be depleted by the cost of such challenges. The CCWG-AP (and the > Board as well, as indicated in our June 2022 action on the CCWG-AP’s Final > Report) assumed that the best way to restrict the use of ICANN’s > accountability mechanisms in this way would be to amend the ICANN Bylaws to > create a “carve-out.” This would therefore require a Fundamental Bylaws > Amendment. > > > > After exploring this issue more in-depth, I am happy to share with you > that the Board and ICANN org identified a path that both upholds the > CCWG-AP’s recommendation that individual application decisions should not > be challenged through ICANN’s accountability mechanisms, while also keeping > ICANN’s accountability mechanisms unchanged within the Bylaws. The Board is > planning to take action on this later this month; however, I wanted to > provide you with a preview. The Board will direct ICANN org to use the > contractual terms and conditions required to apply for the Grant Program to > obtain applicant agreement that they cannot use ICANN’s accountability > mechanisms to challenge any individual decision taken on their application > within the ICANN Grant Program. This remains in line with the CCWG-AP’s > recommendation regarding the accountability mechanisms as well as the > intention to lower complexity and protect the total amount of proceeds > available for applicants. > > > > When the CCWG-AP made Recommendation #7, it also provided guidance that > providing limited opportunity for review of decisions within the Grant > Program might also introduce complexity, and encouraged ICANN to not make > such opportunities available. However, when considering the inability for > applicants to use ICANN’s accountability mechanisms for individual > decisions, the ICANN Board will also ask ICANN org to explore whether there > are appropriate interim opportunities within the evaluation process for > applicants to ask for a limited procedural review. The Board hopes this > will enhance ICANN’s accountability to applicants, while following best > practices within grant making programs. > > We are happy to have identified a path forward that preserves the > CCWG-AP’s recommendation and enhances accountability to applicants and the > wider Internet community. The Bylaws are important to us, and we are > confident that we can keep up ICANN’s accountability, as set up, while at > the same time limiting the ability to challenge for individual selection > decisions. > > > > The Board is following ICANN org’s implementation closely and looks > forward to seeing this program launch next year. Thank you again for your > time and efforts that went into envisioning this exciting program. The > establishment of the ICANN Grant Program is a testament to your commitment > to the work of the CCWG-AP and is an excellent representation of the > multistakeholder model in action. > > > > Kind Regards, > > > > Tripti Sinha > > Chair, ICANN Board of Directors > > > >

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Posthumous nomination of Pam Little for the Dr. Tarek Kamel Award
by John McElwaine Aug. 4, 2023

Aug. 4, 2023

Dear Councilors, GNSO Council leadership received an email from the RrSG ExCom letting us know that they are working on a posthumous nomination of Pam Little for the Dr. Tarek Kamel Award for Capacity Building<https://www.icann.org/en/announcements/details/icann-opens-nomination-perio…>, which they believe she is very deserving, particularly given the work she did for the APAC region. Nominations close on 4 August 2023, but RrSG have graciously offered the GNSO council to be a joint nominator. They expect to have a draft ready early in this week that we could share for input/review. Please let us know if the GNSO Council supports these efforts. If you want to mention any specific examples from Pam's time on the GNSO Council with respect to the following, those comments would also be welcome: 1) Significant contributions to national, regional, or global capacity-development programs related to ICANN's mission 2) Developing capacity-building programs that positively influenced the multistakeholder model and diversified participation at ICANN Kind regards, John Confidentiality Notice This message is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged, confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately either by phone (800-237-2000) or reply to this e-mail and delete all copies of this message.

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Draft minutes of the Minutes of the GNSO Council Meeting 20 July 2023
by Devan Reed Aug. 2, 2023

Aug. 2, 2023

Dear Councilors, Attached, please find the draft minutes of the GNSO Council Meeting held on 20 July 2023. If there are no comments, these minutes will be published on the website as approved, according to the GNSO Rules of Procedure <https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_en_coun…> section 3.5 "If no objections are received within 10 days, the minutes will be deemed to have been approved for posting" on 06 August 2023 Thank you. Kind Regards, Devan

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Possible outreach on implementation of art28 NIS2
by Marika Konings Aug. 1, 2023

Aug. 1, 2023

Dear All, Following the Council’s discussion on possible outreach to the GAC / European Commission / EU Member States in relation to implementation of art28 NIS2, I reached out to Elena Plexida, Vice President, Government and IGO Engagement, to share with her the Council’s discussion and ask whether any outreach has been undertaken in this regard by ICANN org. She shared that: “ICANN org has been in contact with the European Network Information Security Agency (ENISA) which is supporting the EU Member States coordination in the context of the NIS Cooperation Group, including coordination in view of the implementation of art.28 of the NIS2 Directive. (It is noted that ENISA recently published DNS Identity, a report that provides a view of authentication and verification of domain name owners in the context of domain name registration (see https://www.enisa.europa.eu/publications/dns-identity) The objective of this outreach is to ensure that the work of the multistakeholder model in this area and existing requirements are recognized and understood. ENISA is eager to take ICANN org’s input on board and is expecting further details on the existing requirements so that existing ICANN policies and procedures can be taken into consideration. In order to avoid duplication in outreach efforts, the Council may want to consider coordinating with ICANN org on any further outreach it may want to undertake.” Elena has indicated that she is available to share more information on the outreach to date and engage with those that were interested to pursue a possible communication to make sure any outreach is complementary to efforts already underway. If those that were interested in working on a possible letter together with Thomas and Greg, can indicate so on the mailing list by Friday 28 July? Following that, the staff support team can send out a doodle to find a date / time for the drafting team to meet with Elena to discuss possible next steps. Best regards, Marika

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Reminder: Input welcome on GNSO Council agenda for 2023 meetings
by Terri Agnew Aug. 1, 2023

Aug. 1, 2023

Dear councilors, A reminder to all that a Google doc<https://urldefense.com/v3/__https:/docs.google.com/document/d/1FSNlAHTjbWAz…> is open for all to add their suggestions and comments to the upcoming GNSO Council meeting agendas. This does not have to be in the form of a full agenda item proposal, simple comments and questions are equally welcome! You are welcome to add to the document<https://urldefense.com/v3/__https:/docs.google.com/document/d/1FSNlAHTjbWAz…> via the comments feature. Thank you! Kind regards, Terri

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FW: [Ext] Closes Friday: Nomination Period for Dr. Tarek Kamel Award
by Julie Bisland July 31, 2023

July 31, 2023

FYI: From: ICANN Community Digest <david.olive(a)icann.org> Reply-To: "policyinfo(a)icann.org" <policyinfo(a)icann.org> Date: Monday, July 31, 2023 at 10:04 AM To: Julie Bisland <julie.bisland(a)icann.org> Subject: [Ext] Closes Friday: Nomination Period for Dr. Tarek Kamel Award [https://r20.rs6.net/on.jsp?ca=16d2e66b-0894-4916-8ece-a6db2fb6de4b&a=112202…] Monday, 31 July 2023 ICANN Community Digest [https://files.constantcontact.com/304b3fd3501/31f30ab5-1445-45c3-aef7-c0ea4…] The ICANN organization Policy Development Support function publishes this twice-weekly digest to help ICANN community groups track requests and follow updates. How Domain Name System Policy is Developed, and How You Can Get Involved [r20.rs6.net]<https://urldefense.com/v3/__https:/r20.rs6.net/tn.jsp?f=001YBk_0dzPKp96Td3C…> Do you have any ideas for improving the ICANN Community Digest? Write to us at policyinfo(a)icann.org!<mailto:policyinfo@icann.org> Table of Contents ICANN78 · Design and Translation Deadlines Information Sharing · NEW: ICANN’s 2023 Nominating Committee Announces Leadership Selections · NEW: Coalition for Digital Africa: Second Location for ICANN Managed Root Server Installation · NEW: Policy Transition Program on gTLD Registration Data Launches Expression of Interest Action Items · CLOSING FRIDAY 🔥 ACTION ITEM: ICANN Opens Nomination Period for Dr. Tarek Kamel Award for Capacity Building · 🔥 ACTION ITEM: ICANN79 Fellowship Application Round Now Open ICANN78 23 AUGUST 2023 DESIGN DEADLINE: If you require design assistance for your publication, you need to provide all the text, images, layout, and publication type/size requirements (i.e. one-pager vs. trifold, etc.). You will receive a maximum of 2 iterations of the publication. Please provide everything to Andrea Glandon [r20.rs6.net]<https://urldefense.com/v3/__https:/r20.rs6.net/tn.jsp?f=001YBk_0dzPKp96Td3C…> by 23 AUGUST. Please keep in mind that all materials, new or updated, need to be evergreen. 13 SEPTEMBER 2023 TRANSLATION DEADLINE: If your publication requires translation, please provide the final material(s) to Andrea Glandon<mailto:andrea.glandon@icann.org> by 13 SEPTEMBER. This ensures that there is enough time to translate the publication by the start of the meeting, with the possibility of potential changes. If your materials require design assistance (outlined above), please note that the final materials will have to be complete, including the edit/approval process, by this deadline to be translated Information Sharing NEW: ICANN’s 2023 Nominating Committee Announces Leadership Selections The 2023 NomCom received 155 completed applications during the period from 11 January 2023 to 30 March 2023. Read more and find the Leadership Selection List here [r20.rs6.net]<https://urldefense.com/v3/__https:/r20.rs6.net/tn.jsp?f=001YBk_0dzPKp96Td3C…> NEW: Coalition for Digital Africa: Second Location for ICANN Managed Root Server Installation Cairo, Egypt, will be the second location for the deployment of the ICANN Managed Root Server (IMRS) installation in Africa. This is part of a Coalition initiative launched in 2022, which is slated to be deployed in September. Read more. [r20.rs6.net]<https://urldefense.com/v3/__https:/r20.rs6.net/tn.jsp?f=001YBk_0dzPKp96Td3C…> NEW: Policy Transition Program on gTLD Registration Data Launches Expression of Interest The ICANN Policy Transition Program creates opportunities for newer ICANN community members to cultivate substantive knowledge on a specific policy topic, while fostering relationships and value in service through connections with experienced ICANN community members. The Policy Transition Program will meet monthly via Zoom, from September 2023 to March 2024, and will explore gTLD Registration Data: The Temporary Specification and Beyond. Expression of Interest The Policy Transition Program expression of interest is now open here [r20.rs6.net]<https://urldefense.com/v3/__https:/r20.rs6.net/tn.jsp?f=001YBk_0dzPKp96Td3C…>. You can also find this information on the Policy Transition Program wiki page [r20.rs6.net]<https://urldefense.com/v3/__https:/r20.rs6.net/tn.jsp?f=001YBk_0dzPKp96Td3C…>. The submission deadline is 23:59 UTC on 31 August 2023. Action Items CLOSING FRIDAY 🔥 ACTION ITEM: ICANN Opens Nomination Period for Dr. Tarek Kamel Award for Capacity Building The ICANN Board will evaluate a shortlist of candidates. Please submit nominations via this nomination form [r20.rs6.net]<https://urldefense.com/v3/__https:/r20.rs6.net/tn.jsp?f=001YBk_0dzPKp96Td3C…> by 4 August 2023 23:59 UTC. Any additional information in support of nominations or questions about the award process may be submitted via email to kamelaward(a)icann.org [r20.rs6.net]<https://urldefense.com/v3/__https:/r20.rs6.net/tn.jsp?f=001YBk_0dzPKp96Td3C…>. Read more. [r20.rs6.net]<https://urldefense.com/v3/__https:/r20.rs6.net/tn.jsp?f=001YBk_0dzPKp96Td3C…> 🔥 ACTION ITEM: ICANN79 Fellowship Application Round Now Open The ICANN79 Community Forum is taking place 2–7 March 2024 in San Juan, Puerto Rico. The application deadline is 18 August 2023 at 23:59 UTC. If ICANN79 is held virtually, the Fellowship Program will also be held virtually. Official Announcement [r20.rs6.net]<https://urldefense.com/v3/__https:/r20.rs6.net/tn.jsp?f=001YBk_0dzPKp96Td3C…> | Fellowship Program Flyer [r20.rs6.net]<https://urldefense.com/v3/__https:/r20.rs6.net/tn.jsp?f=001YBk_0dzPKp96Td3C…> Public Comment See upcoming proceedings [r20.rs6.net]<https://urldefense.com/v3/__https:/r20.rs6.net/tn.jsp?f=001YBk_0dzPKp96Td3C…>. See other public consultations [r20.rs6.net]<https://urldefense.com/v3/__https:/r20.rs6.net/tn.jsp?f=001YBk_0dzPKp96Td3C…>. Volume 5, Issue 55 | Archive [r20.rs6.net]<https://urldefense.com/v3/__https:/r20.rs6.net/tn.jsp?f=001YBk_0dzPKp96Td3C…> | Next Issue: Thursday, 03 August 2023 STAY INFORMED: Subscribe here [r20.rs6.net]<https://urldefense.com/v3/__https:/r20.rs6.net/tn.jsp?f=001YBk_0dzPKp96Td3C…>

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FYI | FW: [Ext] Closes Soon: Nomination Period for Dr. Tarek Kamel Award
by Terri Agnew July 27, 2023

July 27, 2023

**FYI [https://r20.rs6.net/on.jsp?ca=30798e32-45d8-4583-8dd6-c1764a94ac7f&a=112202…] Thursday, 27 July 2023 ICANN Community Digest [https://files.constantcontact.com/304b3fd3501/31f30ab5-1445-45c3-aef7-c0ea4…] The ICANN organization Policy Development Support function publishes this twice-weekly digest to help ICANN community groups track requests and follow updates. How Domain Name System Policy is Developed, and How You Can Get Involved [r20.rs6.net]<https://urldefense.com/v3/__https:/r20.rs6.net/tn.jsp?f=001xwbm25WBtySDTq74…> Do you have any ideas for improving the ICANN Community Digest? Write to us at policyinfo(a)icann.org!<mailto:policyinfo@icann.org> Table of Contents ICANN78 · Design and Translation Deadlines Information Sharing · NEW: Mandy Carver Retires as SVP, Government and IGO Engagement Webinar · REMINDER: ICANN Webinars Will Provide Information About Service to Request Nonpublic Data Action Items · CLOSING SOON 🔥 ACTION ITEM: ICANN Opens Nomination Period for Dr. Tarek Kamel Award for Capacity Building · 🔥 ACTION ITEM: ICANN79 Fellowship Application Round Now Open Public Comment · NEW Summary Report: Bylaws Amendments and Documents to Implement the NomCom2 Review ICANN78 23 AUGUST 2023 DESIGN DEADLINE: If you require design assistance for your publication, you need to provide all the text, images, layout, and publication type/size requirements (i.e. one-pager vs. trifold, etc.). You will receive a maximum of 2 iterations of the publication. Please provide everything to Andrea Glandon [r20.rs6.net]<https://urldefense.com/v3/__https:/r20.rs6.net/tn.jsp?f=001xwbm25WBtySDTq74…> by 23 AUGUST. Please keep in mind that all materials, new or updated, need to be evergreen. 13 SEPTEMBER 2023 TRANSLATION DEADLINE: If your publication requires translation, please provide the final material(s) to Andrea Glandon<mailto:andrea.glandon@icann.org> by 13 SEPTEMBER. This ensures that there is enough time to translate the publication by the start of the meeting, with the possibility of potential changes. If your materials require design assistance (outlined above), please note that the final materials will have to be complete, including the edit/approval process, by this deadline to be translated Information Sharing NEW: Mandy Carver Retires as SVP, Government and IGO Engagement Carver joined ICANN as Deputy General Manager for Global Partnerships in November 2006, marking the first instance of an international engagement team at ICANN. She has since served in several different capacities at ICANN and has contributed significantly during her tenure. Read more. [r20.rs6.net]<https://urldefense.com/v3/__https:/r20.rs6.net/tn.jsp?f=001xwbm25WBtySDTq74…> Webinar REMINDER: ICANN Webinars Will Provide Information About Service to Request Nonpublic Data ICANN org will host two webinars this month to provide information about the Registration Data Request Service (RDRS), a new service for requesting access to nonpublic registration data related to generic top-level domains (gTLDs). The webinars will provide an update on progress made on building the RDRS, including features such as bulk processing for registrars and templates for frequent requestors. The webinars will also give participants an opportunity to ask questions related to the development of the service. Registration information [r20.rs6.net]<https://urldefense.com/v3/__https:/r20.rs6.net/tn.jsp?f=001xwbm25WBtySDTq74…> Webinar #2: Monday, 31 July 2023 at 15:00 UTC for 60 minutes | Register here. [r20.rs6.net]<https://urldefense.com/v3/__https:/r20.rs6.net/tn.jsp?f=001xwbm25WBtySDTq74…> Read more. [r20.rs6.net]<https://urldefense.com/v3/__https:/r20.rs6.net/tn.jsp?f=001xwbm25WBtySDTq74…> Action Items CLOSING SOON 🔥 ACTION ITEM: ICANN Opens Nomination Period for Dr. Tarek Kamel Award for Capacity Building The ICANN Board will evaluate a shortlist of candidates. Please submit nominations via this nomination form [r20.rs6.net]<https://urldefense.com/v3/__https:/r20.rs6.net/tn.jsp?f=001xwbm25WBtySDTq74…> by 4 August 2023 23:59 UTC. Any additional information in support of nominations or questions about the award process may be submitted via email to kamelaward(a)icann.org [r20.rs6.net]<https://urldefense.com/v3/__https:/r20.rs6.net/tn.jsp?f=001xwbm25WBtySDTq74…>. Read more. [r20.rs6.net]<https://urldefense.com/v3/__https:/r20.rs6.net/tn.jsp?f=001xwbm25WBtySDTq74…> 🔥 ACTION ITEM: ICANN79 Fellowship Application Round Now Open The ICANN79 Community Forum is taking place 2–7 March 2024 in San Juan, Puerto Rico. The application deadline is 18 August 2023 at 23:59 UTC. If ICANN79 is held virtually, the Fellowship Program will also be held virtually. Official Announcement [r20.rs6.net]<https://urldefense.com/v3/__https:/r20.rs6.net/tn.jsp?f=001xwbm25WBtySDTq74…> | Fellowship Program Flyer [r20.rs6.net]<https://urldefense.com/v3/__https:/r20.rs6.net/tn.jsp?f=001xwbm25WBtySDTq74…> Public Comment NEW Summary Report: Bylaws Amendments and Documents to Implement the NomCom2 Review [r20.rs6.net]<https://urldefense.com/v3/__https:/r20.rs6.net/tn.jsp?f=001xwbm25WBtySDTq74…> See upcoming proceedings [r20.rs6.net]<https://urldefense.com/v3/__https:/r20.rs6.net/tn.jsp?f=001xwbm25WBtySDTq74…>. See other public consultations [r20.rs6.net]<https://urldefense.com/v3/__https:/r20.rs6.net/tn.jsp?f=001xwbm25WBtySDTq74…>. Volume 5, Issue 54 | Archive [r20.rs6.net]<https://urldefense.com/v3/__https:/r20.rs6.net/tn.jsp?f=001xwbm25WBtySDTq74…> | Next Issue: Monday, 31 July 2023 STAY INFORMED: Subscribe here [r20.rs6.net]<https://urldefense.com/v3/__https:/r20.rs6.net/tn.jsp?f=001xwbm25WBtySDTq74…>

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Re: [council] Message from Tripti Sinha to Former CCWG-AP Members
by Anne ICANN July 26, 2023

July 26, 2023

Dear Tripti and Board: Members of the CSG have raised several concerns about this proposed action in relation to the administration of the ICANN Grant Program based on a change to the Recommendations adopted from the CCWG - Auction Proceeds Final Report. The following text quotes the concerns raised and is asking that the Board defer action on this matter at its special Board meeting tomorrow in order to allow time for community feedback. "If staff can be instructed to disapply the IRP and RfR by contract, rather than the community going through the formal process to approve a targeted Bylaws change, that sets a concerning precedent. Furthermore: - Doesn’t this place Org in a position where the Bylaws allow for these accountability mechanisms to apply, but a staff action purports to contravene the Bylaws, which itself could be challenged? - These proposed contractual terms with ICANN would be non-negotiable. I’m not a US attorney, so I don’t know to what extent this would be a concern here, but I recall that in other contexts there have been arguments that unilateral terms imposed by ICANN might be considered contracts of adhesion and unenforceable (I also appreciate, of course, that Org would never concede that this might be the case); - I share your concern that, in any event, while this might catch the applicant who agrees to the terms, it would not cover a third party who had not signed on to the terms and who might seek to challenge a Grant award to someone else. Overall, it sounds as though the CCWG considered how best to handle disapplying these accountability mechanisms and concluded that a Bylaws change was the right way forward. Seeking to shortcut this by using the T&Cs appears to be an unsatisfactory alternative. " Thank you, Anne (Former CSG Voting Delegate to the CCWG - Auction Proceeds) Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2024 anneicanngnso(a)gmail.com On Thu, Jul 20, 2023 at 6:24 AM Wendy Profit <wendy.profit(a)icann.org> wrote: > *Sending on behalf of ICANN Board Chair, Tripti Sinha…* > > > > > > Dear Former CCWG-AP Members, (in bcc) > > > > In follow up to the update email from Xavier Calvez, I am writing to you > as Chair of the ICANN Board to update you on the Board’s discussions at its > workshop during ICANN77. During this workshop, the ICANN Board discussed > with ICANN org how to best implement Recommendation #7 of the Final > Report. > > > > As a reminder, part of Recommendation #7 stated that ICANN’s existing > accountability mechanisms – the Independent Review Process (IRP) or the > Reconsideration Process – could not be used to challenge decisions made by > the Independent Applications Assessment Panel on individual applications > within the Grant Program. To allow this would add unnecessary complexity to > the program. Additionally, the total available funding for the program > could also be depleted by the cost of such challenges. The CCWG-AP (and the > Board as well, as indicated in our June 2022 action on the CCWG-AP’s Final > Report) assumed that the best way to restrict the use of ICANN’s > accountability mechanisms in this way would be to amend the ICANN Bylaws to > create a “carve-out.” This would therefore require a Fundamental Bylaws > Amendment. > > > > After exploring this issue more in-depth, I am happy to share with you > that the Board and ICANN org identified a path that both upholds the > CCWG-AP’s recommendation that individual application decisions should not > be challenged through ICANN’s accountability mechanisms, while also keeping > ICANN’s accountability mechanisms unchanged within the Bylaws. The Board is > planning to take action on this later this month; however, I wanted to > provide you with a preview. The Board will direct ICANN org to use the > contractual terms and conditions required to apply for the Grant Program to > obtain applicant agreement that they cannot use ICANN’s accountability > mechanisms to challenge any individual decision taken on their application > within the ICANN Grant Program. This remains in line with the CCWG-AP’s > recommendation regarding the accountability mechanisms as well as the > intention to lower complexity and protect the total amount of proceeds > available for applicants. > > > > When the CCWG-AP made Recommendation #7, it also provided guidance that > providing limited opportunity for review of decisions within the Grant > Program might also introduce complexity, and encouraged ICANN to not make > such opportunities available. However, when considering the inability for > applicants to use ICANN’s accountability mechanisms for individual > decisions, the ICANN Board will also ask ICANN org to explore whether there > are appropriate interim opportunities within the evaluation process for > applicants to ask for a limited procedural review. The Board hopes this > will enhance ICANN’s accountability to applicants, while following best > practices within grant making programs. > > We are happy to have identified a path forward that preserves the > CCWG-AP’s recommendation and enhances accountability to applicants and the > wider Internet community. The Bylaws are important to us, and we are > confident that we can keep up ICANN’s accountability, as set up, while at > the same time limiting the ability to challenge for individual selection > decisions. > > > > The Board is following ICANN org’s implementation closely and looks > forward to seeing this program launch next year. Thank you again for your > time and efforts that went into envisioning this exciting program. The > establishment of the ICANN Grant Program is a testament to your commitment > to the work of the CCWG-AP and is an excellent representation of the > multistakeholder model in action. > > > > Kind Regards, > > > > Tripti Sinha > > Chair, ICANN Board of Directors > > >

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Fwd: Message from Tripti Sinha to Former CCWG-AP Members
by Paul McGrady July 26, 2023

July 26, 2023

Hi All, I have reservations about this. While a narrowly tailored amendment to the Bylaws would have resulted in a carve out of the Accountability Mechanisms related solely to the grant program which would not be easily replicated for other programs and issues, instructing Staff to do this in a contract sets a very worrying precedent and opens the door for other future instances where Staff could be instructed to use contracts and/or the renewals of contracts to carve out the accountability mechanisms, making them a de facto nullity and undoing the work of the Accountability CCWG. I think the Council should ask the Board to hold on this and engage in a community dialogue prior to taking further action. Best, Paul On Thu, Jul 20, 2023 at 6:24 AM Wendy Profit <wendy.profit(a)icann.org<mailto:wendy.profit@icann.org>> wrote: Sending on behalf of ICANN Board Chair, Tripti Sinha… Dear Former CCWG-AP Members, (in bcc) In follow up to the update email from Xavier Calvez, I am writing to you as Chair of the ICANN Board to update you on the Board’s discussions at its workshop during ICANN77. During this workshop, the ICANN Board discussed with ICANN org how to best implement Recommendation #7 of the Final Report. As a reminder, part of Recommendation #7 stated that ICANN’s existing accountability mechanisms – the Independent Review Process (IRP) or the Reconsideration Process – could not be used to challenge decisions made by the Independent Applications Assessment Panel on individual applications within the Grant Program. To allow this would add unnecessary complexity to the program. Additionally, the total available funding for the program could also be depleted by the cost of such challenges. The CCWG-AP (and the Board as well, as indicated in our June 2022 action on the CCWG-AP’s Final Report) assumed that the best way to restrict the use of ICANN’s accountability mechanisms in this way would be to amend the ICANN Bylaws to create a “carve-out.” This would therefore require a Fundamental Bylaws Amendment. After exploring this issue more in-depth, I am happy to share with you that the Board and ICANN org identified a path that both upholds the CCWG-AP’s recommendation that individual application decisions should not be challenged through ICANN’s accountability mechanisms, while also keeping ICANN’s accountability mechanisms unchanged within the Bylaws. The Board is planning to take action on this later this month; however, I wanted to provide you with a preview. The Board will direct ICANN org to use the contractual terms and conditions required to apply for the Grant Program to obtain applicant agreement that they cannot use ICANN’s accountability mechanisms to challenge any individual decision taken on their application within the ICANN Grant Program. This remains in line with the CCWG-AP’s recommendation regarding the accountability mechanisms as well as the intention to lower complexity and protect the total amount of proceeds available for applicants. When the CCWG-AP made Recommendation #7, it also provided guidance that providing limited opportunity for review of decisions within the Grant Program might also introduce complexity, and encouraged ICANN to not make such opportunities available. However, when considering the inability for applicants to use ICANN’s accountability mechanisms for individual decisions, the ICANN Board will also ask ICANN org to explore whether there are appropriate interim opportunities within the evaluation process for applicants to ask for a limited procedural review. The Board hopes this will enhance ICANN’s accountability to applicants, while following best practices within grant making programs. We are happy to have identified a path forward that preserves the CCWG-AP’s recommendation and enhances accountability to applicants and the wider Internet community. The Bylaws are important to us, and we are confident that we can keep up ICANN’s accountability, as set up, while at the same time limiting the ability to challenge for individual selection decisions. The Board is following ICANN org’s implementation closely and looks forward to seeing this program launch next year. Thank you again for your time and efforts that went into envisioning this exciting program. The establishment of the ICANN Grant Program is a testament to your commitment to the work of the CCWG-AP and is an excellent representation of the multistakeholder model in action. Kind Regards, Tripti Sinha Chair, ICANN Board of Directors This email originated from outside the firm. Please use caution.

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