Dear Councilors, Please take note of two updates to the August agenda: 1. Item 4: COUNCIL VOTE - Initiation of the GNSO Guidance Process on Applicant Support – please find attached an on the agenda wiki page<https://community.icann.org/display/gnsocouncilmeetings/Final+Proposed+Agend...>, and updated version of the GGP request reflecting the agreed edit discussed below. 2. Item 8: COUNCIL DISCUSSION - Revised Uniform Domain Name Dispute Resolution Policy (UDRP) Policy Status Report (PSR) please find attached an on the agenda wiki page<https://community.icann.org/display/gnsocouncilmeetings/Final+Proposed+Agend...> the presentation deck for this item. Kind regards, Emily From: council <council-bounces@gnso.icann.org> on behalf of Flip Petillion via council <council@gnso.icann.org> Reply to: Flip Petillion <fpetillion@petillion.law> Date: Thursday, 25 August 2022 at 09:29 To: "philippe.fouquart@orange.com" <philippe.fouquart@orange.com> Cc: "gnso-secs@icann.org" <gnso-secs@icann.org>, "liaison6c@gnso.icann.org" <liaison6c@gnso.icann.org>, "council@gnso.icann.org" <council@gnso.icann.org> Subject: Re: [council] Proposed Agenda | GNSO Council Meeting | 25 August 2022 at 13:00 UTC. Thank you Philippe Sent from my iPhone On 24 Aug 2022, at 22:25, philippe.fouquart@orange.com wrote: Dear Flip, Thanks for spotting this. I believe is indeed a leftover from the initial approach with a (larger) Steering Group. As you point out this sentence no longer makes sense with a 1 member per group approach, so I'm happy to accept the deletion of the sentence as a friendly amendment. Best regards, Philippe -------- Message d'origine -------- De : Flip Petillion via council <council@gnso.icann.org> Date : 24/08/2022 21:34 (GMT+01:00) À : Terri Agnew <terri.agnew@icann.org>, council@gnso.icann.org, liaison6c@gnso.icann.org Cc : gnso-secs@icann.org Objet : Re: [council] Proposed Agenda | GNSO Council Meeting | 25 August 2022 at 13:00 UTC. Dear Philipp et All: For the GGP Motion coming up for a vote this Thursday, there is one provision in the revised motion that seems odd given the scaled down structure of the membership. This provision is in Item 6. on methodology on page 8 of the Motion. It says, “However, for the purpose of assessing consensus, groups that do not fulfill their maximum membership allowance should not be disadvantaged”. It seems that this language should be deleted or modified. There is only one representative per group in the membership. A constituency may decline to participate. But what does it mean if ‘they would not be “disadvantaged” if they don’t appoint anyone to this GGP’? I presume it is not the intention that a group, which decided not to participate in the GGP, would nevertheless be part of the consensus assessment. This may be a leftover from a previous draft. I therefore propose the deletion of this sentence as a friendly amendment. Respectfully submitted. Flip Flip Petillion fpetillion@petillion.law<mailto:fpetillion@petillion.law> +32484652653 www.petillion.law [petillion.law]<https://urldefense.com/v3/__http:/www.petillion.law__;!!PtGJab4!5K0FtORV8ZRS...> [image001.png][petillion.law]<https://urldefense.com/v3/__https:/www.petillion.law/__;!!PtGJab4!5K0FtORV8Z...> Attorneys – Advocaten – Avocats From: council <council-bounces@gnso.icann.org> on behalf of Terri Agnew via council <council@gnso.icann.org> Reply to: Terri Agnew <terri.agnew@icann.org> Date: Friday, 12 August 2022 at 16:52 To: "council@gnso.icann.org" <council@gnso.icann.org>, "liaison6c@gnso.icann.org" <liaison6c@gnso.icann.org> Cc: "gnso-secs@icann.org" <gnso-secs@icann.org> Subject: [council] Proposed Agenda | GNSO Council Meeting | 25 August 2022 at 13:00 UTC. Dear all, Please find below the final proposed agenda for the GNSO Council Meeting on 25 August 2022 at 13:00 UTC. The agenda is also posted to the wiki page: https://community.icann.org/x/A4RJD Final Proposed Agenda 2022-08-25 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/BYRJD. This agenda was established according to the GNSO Operating Procedures [gnso.icann.org]<https://urldefense.com/v3/__https:/gnso.icann.org/sites/default/files/file/f...> v3.5, updated on 24 October 2019 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. GNSO Council meeting held 13:00 UTC: https://tinyurl.com/45zne3b7 [tinyurl.com]<https://urldefense.com/v3/__https:/tinyurl.com/45zne3b7__;!!PtGJab4!5K0FtORV...>. 06:00 Los Angeles; 09:00 Washington DC; 14:00 London; 15:00 Paris; 16:00 Moscow; 23:00 Melbourne GNSO Council Meeting Remote Participation: https://icann.zoom.us/j/92399217049?pwd=WU1GZmlaOTh6NzJ1NndkRVF0MnJEUT09 [icann.zoom.us]<https://urldefense.com/v3/__https:/icann.zoom.us/j/92399217049?pwd=WU1GZmlaO...> 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 (10 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 [gnso.icann.org]<https://urldefense.com/v3/__https:/gnso.icann.org/sites/default/files/policy...> of the GNSO Council meeting on 15 June 2022 were posted on 01 July 2022. Minutes [gnso.icann.org]<https://urldefense.com/v3/__https:/gnso.icann.org/sites/default/files/policy...> of the GNSO Council meeting on 21 July 2022 were posted on 05 August 2022. Item 2: Opening Remarks / Review of Projects & Action List (5 minutes) 2.1 - Review focus areas and provide updates on specific key themes / topics, to include review of Projects List [gnso.icann.org]<https://urldefense.com/v3/__https:/gnso.icann.org/en/council/project__;!!PtGJab4!5K0FtORV8ZRSRfWp_tKj3ttMd4B4UMffJP3hCg4MDxj_KdsNJC51y_wI-9whDwJGllhD1OJJPcV5rvfLqVbPqkT0Pu6XEQ$>and Action Item List. <https://community.icann.org/x/RgZlAg> Item 3: Consent Agenda (10 minutes) * Approval of the 2022 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: Brett Carr (EU) (reappointed) Appointing Organization: ccNSO Term: 2022 - 2024 Rick Wilhelm (NA) Appointing Organization: RySG Term: 2022 - 2024 Dmitry Burkov (EU) Appointing Organization: RySG Term: 2021 - 2023 Federico Neves (LAC) Appointing Organization: ccNSO Term: 2021 – 2023 Liaisons: Gloria Atwine Katuuku Appointing Organization: GAC Term: 2022 - 2024 Ken Renard Appointing Organization: RSSAC Term: 2022 - 2024 Holly Raiche Appointing Organization: ALAC Term: 2021 - 2023 Milton Mueller Appointing Organization: GNSO (Non-Registry) Term: 2021 - 2023 Amy Creamer Appointing Organization: PTI Term: No term limit Item 4: COUNCIL VOTE - Initiation of the GNSO Guidance Process on Applicant Support (20 minutes) In relation to the SubPro ODP, ICANN org shared question set #2<https://mm.icann.org/pipermail/subpro-odp/attachments/20220211/93bd5c93/SubP...> with the GNSO Council’s liaison to the ODP on 11 February 2022, who subsequently shared the questions and an update<https://mm.icann.org/pipermail/council/2022-February/025440.html> with the Council. While the question set was specifically about the topic of Applicant Support, it introduced broader procedural concerns, about whether the level of substantive work recommended by SubPro to be conducted by an IRT, would be beyond the commonly understood scope of the IRT. The Council agreed that it should explore finding avenues to complete that level of substantive work in advance of the expected IRT that would be convened upon ICANN Board adoption of the SubPro Outputs. The potential model to address this work is the GNSO Guidance Process. ICANN org staff worked with Jeff Neuman and Council leadership to prepare a draft GGP Initiation request, which was shared<https://mm.icann.org/pipermail/council/2022-May/025646.html> on Council list on 4 May 2022. The Council first discussed the potential GGP durings its May meeting and concerns, as well as uncertainty about the mechanism itself, were expressed both during the meeting and afterwards on the Council mailing list. The potential GGP was discussed further during the Council’s June meeting, with general agreement it should be limited to the singular topic of Applicant Support. There was however discussion that additional topics should be able to be added to the existing GGP, at the discretion of the Council. The updated GGP, with Applicant Support as the only topic, was shared with the Council ahead of the July meeting in advance of a potential vote. The vote was deferred and after additional discussion, the Council agreed that more time was needed to refine the Initiation Request, especially the membership structure; the overall sentiment seemed to be that membership structure needed to be reduced both in terms of complexity and number of members. A new version<https://mm.icann.org/pipermail/council/2022-August/025885.html> that seeks to address these concerns was circulated on 12 August 2022. Here, the Council will vote on the GGP Initiation Request. 4.1 – Presentation of motion<https://community.icann.org/x/CIRJD> (Philippe Fouquart) 4.2 – Council discussion 4.3 – Council vote (voting threshold: an affirmative vote of more than one-third (1/3) of each House or more than two-thirds (2/3) of one House) Taking this action is within the GNSO’s remit as outlined in ICANN’s Bylaws as the GNSO ‘shall be responsible for developing and recommending to the Board substantive policies relating to generic top-level domains and other responsibilities of the GNSO as set forth in these Bylaws’ (Art.11.1). Furthermore, this action complies with the requirements set out in Annex A-2: GNSO Guidance Process of the ICANN Bylaws. Item 5: COUNCIL DISCUSSION - Council Commitments Document (15 minutes) During the Council’s Strategic Planning Session (SPS), a Civility Pledge that has been developed within the IPC was mentioned. This inspired an action item to consider the development of a series of commitments for Councilors to adopt, beyond what is expressly identified in the GNSO Operating Procedures. A first draft of a set of proposed commitments was shared<https://mm.icann.org/pipermail/council/2022-June/025731.html> on the Council mailing list on 8 June 2022. The Council held a brief discussion on the draft during its wrap-up session at ICANN74, where some comments and suggestions were shared. Those suggestions were integrated and the updated document<https://urldefense.com/v3/__https:/docs.google.com/document/d/1rmft4PPLzFB0r...> was shared on 22 June 2022 and briefly discussed during the GNSO Council meeting on 21 July 2022. Here, the Council will discuss how this document will be used and promoted, which will inform development of a motion to adopt the document. The intention is to adopt the document at the next Council meeting. 5.1 – Introduction of topic (Sebastien Ducos) 5.2 – Council discussion 5.3 – Next steps Item 6. COUNCIL DISCUSSION - Preparation for Joint Meetings at ICANN75 (20 minutes) The GNSO Council is scheduled to meet with the ICANN Board, the Governmental Advisory Committee (GAC), and the At-Large Advisory Committee (ALAC) during the course of ICANN75. In order to make the best use of the meeting time with each of these groups, the Council will discuss how it wants to approach each of these meetings. This is expected to include reviewing topics proposed by the other groups, identifying topics that the Council wants to propose for discussion, and identifying topics leads. Of note, the topic(s) for the discussion with the ICANN Board are due by 9 September. The Board has suggested spending half of the scheduled time to discuss this topic, with the other half of the time dedicated to the Council’s selected topic: “What collaborative actions should the Community, Board and Org be undertaking to further progress achieving our strategic priorities?” The ALAC has suggested the following two topics: * The GNSO Council Small Team on DNS Abuse's work; and * The terms of reference for the proposed pilot Holistic Review, being a recommendation of the ATRT3. The following are potential topics for the GAC bilateral: * SSAD Light * Subsequent Rounds of New gTLDs * DNS Abuse * Accuracy Here, the Council will prepare for its bilateral meetings with other community groups at ICANN75. 6.1 – Introduction of topic (Council leadership) 6.2 – Council discussion 6.3 – Next steps Item 7: COUNCIL DISCUSSION - PDP Improvements Tracker - Review of Format (15 Minutes) During the ICANN73 wrap up, the Council discussed a number of parallel conversations that have emerged since implementing PDP 3.0, identifying other aspects of the PDP where improvements could be considered. In addition, there are a number of projects on the Council’s Action Decision Radar (ADR) related to PDP improvements which will need to be addressed at some point in the future. To provide the Council with a clear picture of these different parallel initiatives and projects, and to avoid overlap and ensure complementarity, the staff support team developed a discussion paper [gnso.icann.org]<https://urldefense.com/v3/__https:/gnso.icann.org/sites/default/files/policy...>. In addition to an overview of the different initiatives and projects, the paper also suggests a possible approach for managing these different initiatives by focusing on 1) which elements could be implemented with relatively minimal effort, 2) which elements could be implemented with some effort, 3) which elements need careful planning and consideration before these can be implemented. It is envisioned in the paper that going forward, progress on these different initiatives could be tracked through a PDP improvements tracker to ensure oversight and allow for forward planning which can factor in these commitments. The GNSO Council discussed the discussion paper and agreed that to better understand the concept, it would be helpful to have an example of what the tracker may look like. A draft of the PDP Improvements Tracker [gnso.icann.org]<https://urldefense.com/v3/__https:/gnso.icann.org/sites/default/files/policy...> was prepared and discussed during the Council’s June meeting. After incorporating input, the approach was again discussed during the July meeting where no objections were received to track and manage the work in the suggested manner. As a first step towards the substantive review of the items in the tracker, Council leadership has worked with the staff support team to develop a survey to obtain initial input from Council members as well as Stakeholder Group and Constituency leadership that will help inform the substantive review of the proposed improvements and next steps. A sample of the survey was circulated to the Council list on 05 July 2022<https://mm.icann.org/pipermail/council/2022-July/025797.html>. Here, the Council will discuss whether it has any concerns about this approach to initiating the substantive review of the items on the PDP Improvements Tracker. If no concerns are flagged, the idea would be to launch the survey shortly after the Council meeting to allow for a first review of survey responses during the GNSO working session at ICANN75. 7.1 – Introduction of topic (Council leadership) 7.2 – Council discussion 7.3 – Next steps Item 8: COUNCIL DISCUSSION - Revised Uniform Domain Name Dispute Resolution Policy (UDRP) Policy Status Report (PSR) (15 minutes) On 21 January 2021, the GNSO Council approved the recommendations from the Phase 1 Final Report of the GNSO Policy Development Process (PDP) on the Review of All Rights Protection Mechanisms (RPMs) in All gTLDs, covering RPMs applicable to gTLDs launched under the 2012 New gTLD Program. The Council has discussed the need to review the RPMs charter in advance of launching Phase 2 of the PDP, which is focused on the UDRP. The Council determined at the time that the best path forward was to request a Policy Status Report (PSR) to help inform next steps. The Council discussed the approach for the PSR with ICANN org’s Global Domains & Strategy (GDS) team over the course of several meetings in 2021, agreeing on the scope and purpose of the PSR during the October 2021 Council meeting. GDS completed the draft PSR and published<https://www.icann.org/en/public-comment/proceeding/policy-status-report-unif...> it for public comment on 3 March 2022. The revised PSR<https://mm.icann.org/pipermail/council/2022-July/025826.html> (redline [gnso.icann.org]<https://urldefense.com/v3/__https:/gnso.icann.org/sites/default/files/file/f...>) was shared with the Council on 18 July. Here, the Council will receive a briefing from GDS regarding the updates made based on public comment received. 8.1 – Introduction of topic (Council leadership) 8.2 – Presentation (Lars Hoffmann - ICANN org) 8.3 – Council discussion 8.4 – Next steps Item 9: ANY OTHER BUSINESS (10 minutes) 9.1 – Update on action items related to the Policy Status Report (PSR) for the Expired Domain Deletion Policy and the Expired Registration Recovery Policy 9.2 – GNSO Liaison to the GAC - Proposed approach for term limits<https://mm.icann.org/pipermail/council/2022-August/025869.html> 9.3 – Closed Generics facilitated dialogue - Proposed approach for identifying the GNSO members _______________________________ 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-procedu... 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