Dear all, The following has been updated on the 17 October GNSO Council agenda below and the agenda wiki page<https://community.icann.org/x/D4DyEg>. 1. Timing for some items is now adjusted 2. Item 10: COUNCIL DISCUSSION - Next Steps on Board Letter Re: Contention Sets (15 minutes) has been added and removed from AOB 3. Item 11: Any Other Business (5 minutes) has been adjusted, adding in IPC RfR Letter Thank you. Kind regards, Terri From: Terri Agnew <terri.agnew@icann.org> Date: Monday, October 7, 2024 at 3:32 PM To: "council@gnso.icann.org" <council@gnso.icann.org>, "liaison6c@gnso.icann.org" <liaison6c@gnso.icann.org> Cc: GNSO-Secs <gnso-secs@icann.org> Subject: Proposed Agenda | GNSO Council Meeting | Thursday, 17 October 2024 Dear all, Please find below the final proposed agenda for the GNSO Council Meeting taking place on Thursday, 17 October 2024 at 13:00 UTC for 2 hours This has been posted on the agenda wiki page<https://community.icann.org/x/D4DyEg>. Thank you. Kind regards, Terri Policy Team Supporting the GNSO GNSO Council Agenda 17 October 2024 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/VgB-Fg. This agenda was established according to the GNSO Operating Procedures<https://gnso.icann.org/sites/default/files/file/field-file-attach/op-procedu...> v3.5, updated on 15 March 2023. 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 on Thursday, 17 October 2024 at 13:00 UTC: https://tinyurl.com/4yjj9kpj 06:00 Los Angeles; 09:00 Washington DC; 14:00 London; 15:00 Paris; 16:00 Moscow; 00:00 Melbourne (Friday) GNSO Council Meeting Remote Participation: https://icann.zoom.us/j/92283565389?pwd=QnlHK1JSbzdiSFFZSjRjamxMTkNGdz09 Councilors should notify the GNSO Secretariat in advance if they will not be able to attend and/or need a dial out call. ___________________________________ Item 1: Administrative Matters (5 minutes) 1.1 - Roll Call 1.2 - Updates to Statements of Interest 1.3 - Review / Amend Agenda 1.4 - Note the status of minutes for the previous Council meetings per the GNSO Operating Procedures: Minutes<https://gnso.icann.org/sites/default/files/policy/2024/minutes/minutes-gnso-...> of the GNSO Council Meeting on 08 August 2024 were posted on 23 August 2024. Minutes<https://gnso.icann.org/sites/default/files/policy/2024/minutes/minutes-gnso-...> of the GNSO Council Meeting on 19 September 2024 were posted on 07 October 2024. Item 2: Opening Remarks / Review of Projects & Action List (0 minutes) 2.1 - Review focus areas and provide updates on specific key themes / topics, to include review of Projects List<https://gnso.icann.org/en/council/project> and Action Item List. <https://community.icann.org/x/RgZlAg> Item 3: Consent Agenda (5 minutes) * Motion to Defer the Rights Protection Mechanisms (RPMs) Policy Development Process (PDP) Phase 2 for an Additional Six Months Item 4: COUNCIL DISCUSSION - Expedited Policy Development Process on Internationalized Domain Names (IDNs) Phase 2 Final Report (30 minutes) In May 2021, the GNSO Council voted to initiate the EPDP-IDNs that was tasked to develop policy recommendations that will eventually allow for the introduction of variant gTLDs at the top-level and build on the existing body of policy work on the IDN subject, specifically the Outputs produced by the GNSO New gTLD Subsequent Procedures Policy Development Process (SubPro PDP). The Team’s focus was to fill the gaps not addressed by the SubPro PDP, including applying SubPro PDP Outputs to existing gTLDs and second-level variant domains. In November 2022, the Council approved an EPDP Team request to divide its work into two phases, with Phase 1 covering topics related to top-level gTLD definition and variant management and Phase 2 pertaining to second-level variant management. The two-phased approach was intended to allow the EPDP Team to focus on the charter questions that are most likely to impact the implementation of the Next Round of the new gTLDs and avoid potential delays. As a result, the EPDP Team submitted its Phase 1 Final Report<https://gnso.icann.org/sites/default/files/policy/2023/correspondence/epdp-i...> to the GNSO Council in November 2023. The Council approved the Final Report, including all sixty-nine (69) policy recommendations and implementation guidance, and the Board adopted a scorecard<https://www.icann.org/en/system/files/files/scorecard-idn-epdp-phase-1-recom...> on the Phase 1 Final Report on 8 June 2024, plus another scorecard<https://www.icann.org/en/system/files/files/scorecard-idn-epdp-phase-1-recom...> on 7 September 2024, leaving two (2) pending recommendations out of fifty-eight (58). The Phase 2 Final Report covers charter questions pertaining to second-level variant management on the following topics: * “Same entity” at the second-level and IDN Table harmonization * Adjustments in registry agreement, registry service, registry transition process, and other processes/procedures related to the domain name lifecycle * Adjustments in registration dispute-resolution procedures and trademark protection mechanisms * Process to update the IDN Implementation Guidelines Here, the Council will receive a detailed overview of the EPDP-IDNs Phase 2 Final Report in preparation for its action next month. 4.1 - Introduction of Topic (Donna Austin, EPDP-IDNs Chair) 4.2 - Council Discussion 4.3 - Next Steps Item 5: COUNCIL DISCUSSION - Final Issue Report on a Policy Development Process for Latin Script Diacritics (15 minutes) On 16 May 2024, the GNSO Council passed a motion<https://gnso.icann.org/en/council/resolutions/2020-current#202405>, requesting ICANN’s Policy Support Staff to draft a Preliminary Issue Report on Latin Script Diacritics. The objective of the Preliminary Issue Report was for ICANN org to assess all relevant issues related to the GNSO Council request, and, following Community Input during the Public Comment phase, to recommend a course of action to the GNSO Council. It remains the GNSO Council’s prerogative to either follow ICANN org recommendations or to pursue alternative action. This Final Issue Report is focused on the circumstance when an ASCII gTLD and the Latin script diacritic version of the gTLD are not variants of each other AND may be found to be visually similar to each other. The issue is theoretically possible for any existing ASCII or Latin script IDN gTLD pairs, and is essentially infinite for future applied-for ASCII or Latin script IDN gTLDs, where diacritics are involved. On 16 May 2024, the GNSO Council requested an Issue Report on this topic which once received, will aid in determining next steps. The Preliminary Issue Report opened for public comment on 18 July 2024 and closed with 41 submissions on 27 August 2024, a summary of which can be found in Annex B. The Final Issue Report includes a draft charter prepared by ICANN org supporting the GNSO Council. The Council may determine that edits are required before adopting the charter, in the event a PDP is initiated. Here, the Council will discuss the recommendation from the Final Issue Report in preparation for a potential vote to initiate a PDP during the next GNSO Council meeting. 5.1 - Introduction of Topic (John Emery, ICANN GNSO Support Staff) 5.2 - Council Discussion 5.3 - Next Steps Item 6: COUNCIL DISCUSSION - Accuracy of Registration Data (10 minutes) During the Council’s July meeting, the Council agreed that restarting the Scoping Team at this time is not recommended. However, during the August meeting, some Councilors suggested potentially convening a small team to discuss how to make progress on this topic. Council Leadership has worked on a proposal of how to solicit additional feedback from ICANN org and GNSO groups with directed questions, in order to receive information from which the Council can decide how to handle the important topic of accuracy. During the September meeting, the Council drafting team that volunteered to further consider the proposal will present the updated version. Here, the Council will discuss the drafting team’s proposal. 6.1 - Introduction of Topic (Greg DiBiase, GNSO Chair) 6.2 - Council Discussion 6.3 - Next Steps Item 7: COUNCIL DISCUSSION - Update on Board Readiness Project (10 minutes) During the 2023 GNSO Council Strategic Planning Session (SPS), the GNSO Council agreed that it should seek to limit the likelihood of the Council approving PDP recommendations that the ICANN Board is ultimately unable to adopt. To that end, the Council discussed the desire to ensure it submits “board-ready policy recommendations” to the Board, to the extent possible. Generally speaking, a policy recommendation is considered board ready when: the recommendation is likely to achieve board adoption, i.e., the recommendation has been approved by a GNSO Supermajority Vote and will most likely be considered by the Board to be in the best interests of ICANN Community and ICANN org. In August 2024, a Council Small Team began meeting to further discuss the topic of board readiness. Specifically, the Small Team was tasked by GNSO Council to: * Develop a survey/questionnaire related to the Board’s rejection/non-adoption of policy recommendations, which may be administered to relevant PDP Chairs, PDP WG members, ICANN org Support Staff, and Board members. (Examples: EPDP Temp Spec Phase 1 and 2; Subsequent Procedures) * Administer the survey/questionnaire and conduct interviews with relevant PDP Chairs, PDP WG members, ICANN org Support Staff, and Board members. * Synthesize the findings from the survey/questionnaire and interviews into a set of findings and develop a set of recommendations intended to inform Council work on improving Board readiness. Here, the Council will hear an update on the Small Team’s progress. 7.1 - Introduction of Topic (Kurt Pritz, Board Readiness Small Team Chair) 7.2 - Council Discussion 7.3 - Next Steps Item 8: COUNCIL UPDATE: Council Committee for Overseeing and Implementing Continuous Improvement (CCOICI) and Continuous Improvement Program Community Coordination Group (CIP-CCG) (15 minutes) On 16 June 2021, the GNSO Council initiated<https://gnso.icann.org/en/council/resolutions/2020-current#20210616-1> the Council Committee for Overseeing and Implementing Continuous Improvement (“CCOICI”) Framework as a pilot to administer the GNSO’s work that is focused on structural, procedural, and process improvements, rather than policy development. This work would affect the GNSO community more broadly, not only the GNSO Council. The pilot handled the following assigned tasks: 1) GNSO Working Group Self-Assessment (WGSA) Requirements; 2) GNSO Statement of Interest (SOI) Requirements; and 3) Assessment of Accountability Work Stream 2 (WS2) Requirements. When the pilot concluded, the Framework was reevaluated through a survey<https://community.icann.org/display/CCFOICI/c.+CCOICI+Pilot+Survey> conducted by all relevant ICANN Community Stakeholder Groups and Constituencies (“SG/Cs”) during February-March 2024. The survey determined the CCOICI to be the appropriate mechanism to deal with such issues and to continue with its work following the revision of its charter focusing on the improvements to its membership structure and the decision-making process. The GNSO Council approved of this work to start in May 2024. In revising the draft charter, the Team considered elements such as scope of work and its future assignments, membership and leadership structure of the CCOICI and its Task Forces (TFs), and the decision-making methodology. Meanwhile, with the Continuous Improvement Program (“CIP”) assessment period to start in the beginning of 2025 for three (3) years and CCOICI to become the primary vehicle to drive the assessment, the core principles of the CIP Community Coordination Group (“CIP-CCG”) in which the CCOICI will proceed under will need to be considered by the GNSO Council. These principles would also guide the successful implementation of the CIP. The five (5) principles are proposed follows: * Principle 1: The GNSO Council is fulfilling its purpose. * Principle 2: The structure of the GNSO Council is effective. * Principle 3: The operations of the GNSO Council are efficient. * Principle 4: The GNSO Council is accountable to the wider ICANN community, its organizations, committees, constituencies, and stakeholder groups. * Principle 5: The SO, AC or NomCom collaborates to further the mission of ICANN and the effectiveness of the ICANN multistakeholder model. Here, the Council will receive an overview of the revised charter for the permanent CCOICI and discuss principles and next steps in relation to the CIP-CCG. 8.1 - Introduction of Topic (Manju Chen, Chair of CCOICI) 8.2 - Council Discussion 8.3 - Next Steps Item 9: COUNCIL UPDATE: Registration Data Request Service (RDRS) Standing Committee Update (10 minutes) In June 2023, the GNSO Council approved a Charter for the Registration Data Request Service Standing Committee, which outlines the Standing Committee’s tasks. Specifically, the Standing Committee is tasked to review the data that will be produced by ICANN org on a monthly basis following the launch of the RDRS (see data points outlined here). The Scoping Team is expected to analyze the data and consider: * Assignment #1. Trends that can be identified over a month-by-month period; * Assignment #2. Possible technical updates that should be considered to RDRS and/or related messaging and promotion (recognizing that the RDRS will only be running for a two-year period and limited resources may be available to implement such updates); * Assignment #3. Specific lessons learned that should be factored into the consideration of how to proceed with the SSAD recommendations; * Assignment #4. Suggestions to the Council for a proposed recommendation(s) to the ICANN Board in relation to the consideration of the SSAD recommendations. The Standing Committee has been reviewing monthly data since the inception of the RDRS in November 2023. Here, the Council will receive an update on the RDRS Standing Committee’s observations to date. 9.1 - Introduction of Topic (Sebastien Ducos, Chair of RDRS Standing Committee) 9.2 - Council Discussion 9.3 - Next Steps Item 10: COUNCIL DISCUSSION - Next Steps on Board Letter Re: Contention Sets (15 minutes) On 13 September 2024, the ICANN Board sent a letter<https://gnso.icann.org/sites/default/files/policy/2024/correspondence/sinha-...> to the GNSO Council regarding the resolution of contention sets in the Next Round of the New gTLD Program. In that letter, the Board provided a holistic approach to resolving contention sets, which included reversing its adoption of SubPro Recommendation 20.6, which allows for joint ventures. During its 19 September 2024 meeting, Council briefly discussed the letter during AOB and then more extensively during the informal meeting with GNSO appointed Board members on 25 September 2024. During these discussions, there appeared to be an understanding of the Board’s concerns about Recommendation 20.6 and also the lack of an appropriate mechanism to allow for the reversal of a Board-adopted recommendation. Nevertheless, there also appeared to be an understanding that the reversal of Recommendation 20.6 could happen concurrently with capturing the general procedure, including the integration of any appropriate guardrails. If this initial assessment is correct, Council leadership is proposing that the Council submit a letter to the Board that notes, despite some procedural reservations, it will not object to the reversal of the Board’s adoption of Recommendation 20.6, but does look forward to working with the Board to document the process of reversing adoption of a GNSO recommendation. Here, the Council will discuss whether there are any concerns and/or suggested amendments to the suggested approach from Council leadership. 10.1 - Introduction of Topic (Greg DiBiase, GNSO Chair) 10.2 - Council Discussion 10.3 - Next Steps Item 11: Any Other Business (5 minutes) 11.1 - ICANN 81 Planning 11.2 - GNSO Prep Week Webinar - 24 Oct at 13:00 UTC 11.3 - IPC RfR Letter _______________________________ 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... References for Coordinated Universal Time of 13:00 UTC Local time between March and November in the NORTHERN hemisphere See https://www.timeanddate.com/time/change/ for Dates for Daylight Saving Time and Clock Changes ---------------------------------------------------------------------------- California, USA (PDT) UTC-7 06:00 San José, Costa Rica (CST) UTC-6 07:00 New York/Washington DC, USA (EDT) UTC-4 09:00 Buenos Aires, Argentina (ART) UTC-3 10:00 Kinshasa, Democratic Republic of Congo (WAT) UTC+1 14:00 Paris, France (CEST) UTC+2 15:00 Moscow, Russia (MSK) UTC+3 16:00 Singapore (SGT) UTC+8 21:00 Melbourne, Australia (AEST) UTC+10 00:00 (Friday) ---------------------------------------------------------------------- For other places see http://www.timeanddate.com<http://www.timeanddate.com/> and https://tinyurl.com/4yjj9kpj