August 2025 - council - lists.icann.org

How to handle LEA requests globally
by Thomas Rickert | rickert.law Aug. 21, 2025

Aug. 21, 2025

Hi all, following up on our discussion in Prague Let me summarize how I think we can frame and advance the discussion in preparation for the September meeting. ICANN and the issue of handling LEA disclosure requests at the global level. When it comes to processing disclosure requests from law enforcement authorities (LEAs) there still seems to be a lot of confusion and different expectations by different parts of the ICANN community with respect to process and outcome. The topic was discussed in the EPDP, in related IRT (currently with respect to urgent requests) and in the RDRS Standing Committee. The issue is also relevant to work on DNS Abuse. The two main areas of concern seem to be: 1. Authentication (and accreditation) of LEAs. 2. How can Contracted Parties interact with LEAs? Some say CPs are required to disclose if an LEA and should ideally automate the process. Others say that – once authenticated – LEA requests still need to be duly substantiated and a disclosure will only occur if so possible in a legally compliant manner after a legal assessment. Whilst the community spent considerable time discussing LEA interaction, a structured analysis of the legal implications in particular and work on solutions has never occurred. However, both questions need to be answered in order for the interactions between CPs and LEAs to work. Even if there were a mechanism for authenticating LEAs (which does not currently exist), a distinction needs to be made between various scenarios. These are: 1. CP and LEA are both in the same jurisdiction 2. CP and LEA are in different jurisdiction, but a legal framework exists (e.g. a mutual legal assistance treaty) 3. CP and LEA are in different jurisdictions, but no international agreement exists. Depending on the case in question * a CP might be legally required to disclose if a legal basis exists and legal requirements are met, * a CP might have the option to disclose, * an LEA might need to work with the LEA in the jurisdiction where the CP is established, or * a disclosure might not be possible. So far, our discussion does not seem to have that level of nuance, but it appears that it not possible to use an approach that works at the global level. The risk for ICANN and its community ICANN can produce policies that are binding for the CPs. However, in order for LEA interaction to work at the global level, measures need to be taken by LEAs and governments, but these cannot be obliged by ICANN to act. Not only does the ICANN community need LEA’s / governments’ support with an authentication regime for LEAs, but it may also be the case that the legal instruments that currently exist do not allow for an efficient collaboration between LEAs and CPs at the global level. If this issue is not flagged and worked on, we as the GNSO Council, will allow for a perception within and outside our community to be solidified that the GNSO and ICANN is not able to come to workable solutions to this issue, that the multistakeholder approach is now effective and that CPs are not willing to cooperate with LEAs. A constructive way forward The GNSO Council should take the initiative and invite the GAC / PSWG and the ICANN Board to a meeting or a series of meetings to flag the issue and manage expectations. If other fora should be used or the discussion should be triggered differently, we should discuss these. We should highlight that ICANN cannot task third-parties, but that third-party support is needed. We should emphasize that ICANN and its community will continue to work on framework and technical solution that can facilitate the match-making between LEAs and CPs, but that we need to base this on a thorough analysis of the legal implications for CPs and ICANN taking into account the risks of unlawful disclosure for registrants. Best, Thomas

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[CORRESPONDENCE] Tripti Sinha to GNSO Vice-Chairs re: transition in the Chair position
by Terri Agnew Aug. 20, 2025

Aug. 20, 2025

Hello all, Please find the attached letter from Tripti Sinha regarding the GNSO Chair and GNSO Council Vice Chair notice on the transition in the Chair position. This has been posted on the GNSO Correspondence webpage: https://gnso.icann.org/en/council/correspondence/2025 Thank you. Kind regards, Terri Policy Team Supporting the GNSO

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GNSO Council Meeting
by ICANN Policy Calendar Aug. 20, 2025

Aug. 20, 2025

Meeting: GNSO Council Meeting Date/Time: Wednesday, 29 October 2025 at 13:15 UTC (13:15 local time) for 2 hours | ICANN84 Zoom Link will be published 24 hours in advance on SCHED – make sure you have registered so you have access to the links.

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GNSO Council Meeting Part 2 (Admin)
by ICANN Policy Calendar Aug. 20, 2025

Aug. 20, 2025

Meeting: GNSO Council Meeting Seating of new councilors and vote for GNSO Chair Date/Time: Wednesday, 29 October 2025 at 15:30 UTC for 30 minutes | ICANN84 Zoom Link will be published 24 hours in advance on SCHED – make sure you have registered so you have access to the links.

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GNSO Council Meeting
by ICANN Policy Calendar Aug. 20, 2025

Aug. 20, 2025

Meeting: GNSO Council Meeting Date/Time: Wednesday, 29 October 2025 at 09:15 UTC (13:15 local time) for 2 hours | ICANN84 Zoom Link will be published 24 hours in advance on SCHED – make sure you have registered so you have access to the links.

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Draft Proposal: Board Reversal of its Adoption of a GNSO PDP Recommendation
by Steve Chan Aug. 19, 2025

Aug. 19, 2025

Dear Councilors, You will likely recall that during the Council’s last Strategic Planning Session (SPS), the Council came to general agreement on the approach for the ICANN Board to reverse its adoption of a GNSO recommendation. The action item from the SPS was to identify the proper place to document that generally agreed upon process. Your GNSO support staff has coordinated with ICANN legal to determine the most appropriate location to capture the process and in short, the recommendation is to update the EPDP, PDP, and GGP Manuals. In the attached document, you will see a briefing document that contains about 2.5 pages of text that explains the thought process and rationale for the approach; if you’re able to recall the conversation at the SPS, this text should feel very familiar. What has been included on page 3 is a very brief analysis on which documentation is most appropriate for capturing the process, which specific section could be updated, and the nature of the changes. Proposed next steps: * Council to review the attached document and in particular, consider the suggestion of where to document the process, and provide any questions or concerns by 27 August. * If there are no substantive concerns on how to capture the process, staff to develop proposed redlines to the EPDP, PDP, and GGP Manuals, in time for discussion by the Council during the September meeting. * Again, if no substantive concerns, the ICANN Board and GNSO Council can discuss the proposed redlines during their bilateral at ICANN84. * Once there is a set of mutually agreed upon (i.e., Board and Council) redlines, the amended GNSO Operating Procedures would be put out for public comment, as is required for such changes. The proposed next steps assume that there are no major concerns that need to be addressed along the way; if that turns out to not be the case, then intervening discussion can and would of course take place, pushing out timelines as needed. If you have any questions or concerns, about either the attached documentation or the proposed next steps, please do let us know. Best, Steve Steven Chan  VP, Policy Development Support & GNSO Relations Internet Corporation for Assigned Names and Numbers (ICANN) 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094-2536  Email: steve.chan(a)icann.org<mailto:steve.chan@icann.org> Skype: steve.chan55 Mobile: +1.310.339.4410 Find out more about the GNSO by visiting: https://learn.icann.org/<https://urldefense.proofpoint.com/v2/url?u=https-3A__learn.icann.org_&d=DwM…> Follow @GNSO on Twitter: https://twitter.com/ICANN_GNSO<https://urldefense.proofpoint.com/v2/url?u=https-3A__twitter.com_ICANN-5FGN…> Transcripts and recordings of GNSO Working Group and Council events are located on the GNSO Master Calendar <https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_en_grou…>

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Re: the role of GNSO Council liaison to the GAC
by Tomslin Samme-Nlar Aug. 19, 2025

Aug. 19, 2025

Dear Councilors, As you have seen, Council Leadership requested an additional AOB on our upcoming Council agenda re: the role of GNSO Council liaison to the GAC. Council Leadership was recently asked about the appointment of Ashley as the RrSG Councilor and the potential implications of Bylaws Section 11.3(e), which prohibits more than one employee from a particular corporation from serving on the GNSO Council at the same time. Both Ashley (RrSG councilor) and Sebastien (GNSO Council Liaison to the GAC) are employed by GoDaddy. Council Leadership discussed and came to the preliminary conclusion that Sebastien can continue to serve as the GNSO Council Liaison to the GAC due to the limited nature of this particular role as defined in the role description. While other Council liaisons (ALAC, ccNSO) “shall participate on equal footing with members of the GNSO Council,” the GNSO Council liaison to the GAC is distinct in that it does not have the same “equal footing” privileges. Additionally, the GNSO liaison to the GAC is from the GNSO to the GAC, rather than to the GNSO from an SO/AC; we believe this is another important distinction. We also note that if anyone on the Council ever feels that the GNSO liaison to the GAC is acting outside of their limited role of observing GNSO Council meetings and only intervening on relevant “GAC activities as these relate to issues of interest and/or under discussion by the GNSO”, councilors are empowered to raise this directly with Council Leadership. Relevant Bylaws and Text References ICANN Bylaws 11.3(e) <https://urldefense.com/v3/__https://itsm-email.samanage.com/CL0/https:*2F*2…> (e) No more than one officer, director or employee of any particular corporation or other organization (including its subsidiaries and affiliates) shall serve on the GNSO Council at any given time. (emphasis added) ICANN Bylaws 11.3(a) <https://urldefense.com/v3/__https://itsm-email.samanage.com/CL0/https:*2F*2…> “There may also be liaisons to the GNSO Council from other ICANN Supporting Organizations and/or Advisory Committees, from time to time. The appointing organization shall designate, revoke, or change its liaison on the GNSO Council by providing written notice to the Chair of the GNSO Council and to the ICANN Secretary. Liaisons shall not be members of or entitled to vote, to make or second motions, or to serve as an officer on the GNSO Council, but otherwise liaisons shall be entitled to participate on equal footing with members of the GNSO Council.” (emphasis added) GNSO Liaison to the GAC Role Description <https://urldefense.com/v3/__https://itsm-email.samanage.com/CL0/https:*2F*2…> “Attend and participate as an observer in GNSO Council meetings. The Liaison is expected to only intervene in their Liaison capacity with interventions focused on any GAC activities as these relate to issues of interest and/or under discussion by the GNSO.” Question to Councilors In creating this special category of a GNSO Liaison to another entity, did the Council intend to allow for that role to be served by someone who is from the same employer as a duly appointed Councillor (keeping in mind the limitation of 11.3(e)) and if so, what are the protections the Council has in place to mitigate against perceptions of any single entity having an undue influence on GNSO Council matters? As noted above, Council Leadership believes that there is no explicit prohibition from the GNSO Council Liaison to the GAC representing the same employer as a duly appointed Councilor. The GNSO Council Liaison to the GAC is very limited in its nature (by design), and if any councilor were to observe a potential abuse of the limited role, councilors are empowered to interject, note the concern, and/or raise the concern directly with Council Leadership. While Council Leadership has discussed and reached the above conclusion, we invite Councilors to respond if they object to the GNSO Council Liaison to the GAC having the same employer as a duly appointed Councilor. You may raise concerns or communicate non-objection in response to this message. As noted, we will also discuss during the upcoming meeting under AOB, and you are welcome to provide comments at that time. Remain blessed, Tomslin

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Document and Motion deadline | Monday, 08 September 2025 at 23:59 UTC for GNSO Council Meeting 18 September 2025 at 05:00 UTC
by Terri Agnew Aug. 19, 2025

Aug. 19, 2025

Dear all, Reports, motions, and documents for consideration are due no later than (NLT) 10 days in advance (i.e. Monday, 08 September 2025 at 23:59 UTC) for the GNSO Council Meeting on Thursday, 18 September 2025 at 05:00 UTC Motions should be sent to the Council mailing list by a councilor and will then be posted on the Motions Wiki at: https://icann-community.atlassian.net/wiki/x/TKifBg Thank you. Kind regards, Terri Policy Team Supporting the GNSO

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Action Items | GNSO Council meeting 14 August 2025
by Terri Agnew Aug. 18, 2025

Aug. 18, 2025

Dear Councilors, Please find the action items, as stated during the meeting, below arising from the GNSO Council meeting held on Thursday, 14 August 2025. Please refer to the Action Item page<https://community.icann.org/display/gnsocouncilmeetings/Action+Items> for updates on item completion progress. Please take note of the action items coming out of the Council meeting and the proposed timing for delivering on these actions. Please refer to this page for the recent status updates on the Action items. Please note that actions for all councilors are highlighted below. GNSO Council meeting on 14 August 2025. Item 3: Consent Agenda Action Items: * GNSO Secretariat to communicate the Council’s decision to request a deferral of the CSC Effectiveness Review to the Board. * GNSO Secretariat to communicate the outcome (appointed candidates) for the GNSO Non-Registry Liaison and Alternate to the CSC to the staff supporting the CSC, the appointees, and the other applicants. * GNSO Secretariate to update GNSO Op Procedures to include new proposed Annex 7 * GNSO Secretariat to 1) inform the Board that GNSO Council does not object to the Board’s intention to reject pending Recommendations 3.3.5 and 3.3.7, on the basis that the have been superseded by subsequent developments and 2) confirm that the Council does not intend to develop Supplemental Recommendations for the non-adopted recommendations. Item 4: COUNCIL VOTE - Approval of IANA Review Function 2 (IFR2) Final Report * GNSO Secretariat to communicate the Council’s decision to the Co-chairs of the IFRT and relevant ICANN staff Action Items: Leadership and Support Staff will follow up on the recommendations from the vote. [Develop talking points for GAC for second recommendation] * Action Items: Assign staff to lead a draft of the Preliminary Issue Report for DNS Abuse. Item 7: COUNCIL VOTE - Approval of the Review of Reviews Cross Community Group Charter * Action Items: Staff to inform the SO/AC Chairs that the Council has approved the RoR CCG Charter Item 8: COUNCIL UPDATE - Privacy Proxy Services Accreditation Issues Implementation Work - Questions for GNSO Council * Action Items: Staff to work with volunteers to set up regular meetings for Small Team Minus: Paul, Damon, Tomslin, Ashley, Vivek, Farzi, and Peter Item 9: COUNCIL UPDATE: Outcome of Transfer Policy Review PDP Human Rights Impact Assessment * Staff and Leadership to consider the operationalization discussion of GPI HRIA etc. in the operations procedures. Item 10: Any Other Business 10.1 - ICANN84 planning and GNSO Draft schedule Action Items: * Add to September Council agenda to discuss topics for GAC agenda at ICANN84 * Staff to follow up with volunteers for sponsors of Council dinner at ICANN84, both Paul & Desiree raised their hands, email sent to see who is the “winner”. (Desiree) 10.2 - WSIS update (Desiree Miloshevic or Jennifer Chung) 10.3 - GNSO Liaison to the GAC update (Sebastien Ducos) * Action Items: Desiree and Seb to email Council list with respective updates. 10.4 - Question re: GNSO Liaison to the GAC * Action Items: Continue procedure discussion on the mailing list and Tomslin to resend the second question from the email. Thank you. Kind regards, Terri Policy Team Supporting the GNSO

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Fwd: [Soac-chairs-vice-chairs] Adjustment to ICANN84 block schedule
by Nacho Amadoz Aug. 18, 2025

Aug. 18, 2025

Dear Councilors, Please see this email from Russ Weinstein regarding the adjustment in the ICANN84 schedule. Apart from informing us, he’s requesting that this message be shared with all ICANN communities. So please share with your communities :) Thanks Nacho > Inici del missatge reenviat: > > De: Russ Weinstein via Soac-chairs-vice-chairs <soac-chairs-vice-chairs(a)icann.org> > Tema: [Soac-chairs-vice-chairs] Adjustment to ICANN84 block schedule > Data: 15 d’agost del 2025, 23:43:50 CEST > Per a: Russ Weinstein via Soac-chairs-vice-chairs <soac-chairs-vice-chairs(a)icann.org> > A/c: Mary Wong via Team-Leaders <team-leaders(a)icann.org>, Nathalie Peregrine <nathalie.peregrine(a)icann.org> > Resposta: Russ Weinstein <russ.weinstein(a)icann.org> > > Dear Community Leaders, > > We wanted to inform you of an adjustment to the ICANN84 block schedule. The Geopolitical session currently scheduled for Thursday morning 9:00 Local Time, will be moved to Monday after the opening ceremony, and swapped with the Executive Q&A which will be moved to the Thursday morning slot. > > The Geopolitical session is expected to focus on WSIS+20 preparations, and this will allow the topic to be more prominently featured in advance of community dialogues throughout the week. We recognize this is somewhat late in the process, but wanted to share this important information with you before EMS opens next week. > > Please share with your communities at your earliest convenience. > > > Best, > > Russ Weinstein > S.V.P. Policy Development Support > > _______________________________________________ > Soac-chairs-vice-chairs mailing list -- soac-chairs-vice-chairs(a)icann.org <mailto:soac-chairs-vice-chairs@icann.org> > To unsubscribe send an email to soac-chairs-vice-chairs-leave(a)icann.org <mailto:soac-chairs-vice-chairs-leave@icann.org>

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