Dear GNSO Councilors, Pursuant to the Proposed GNSO Council meeting agenda below, please see the attached document for discussion relating to the following agenda item: Item 6: COUNCIL DISCUSSION - GDS Update on the Framework for the Policy Status Report Framework on the UDRP (20 minutes) Kind regards, Julie Julie Hedlund, Policy Director From: council <council-bounces@gnso.icann.org> on behalf of Nathalie Peregrine via council <council@gnso.icann.org> Reply-To: Nathalie Peregrine <nathalie.peregrine@icann.org> Date: Sunday, October 17, 2021 at 2:59 PM To: "council@gnso.icann.org" <council@gnso.icann.org> Cc: "gnso-secs@icann.org" <gnso-secs@icann.org> Subject: [council] Proposed Agenda GNSO Council Meeting part 1 (Public) and part 2 (Admin) - 27 October 2021 at 19:30 UTC Dear all, Please find below the final proposed agenda for the GNSO Council Meeting part 1 and part 2 on 27 October 2021 at 19:30 UTC. Draft GNSO Council Agenda 27 October 2021 - Part I 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/_ABmCg 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 12:30 PDT (Seattle, WA) Coordinated Universal Time: 19:30 UTC: https://tinyurl.com/h73u9hxs [tinyurl.com]<https://urldefense.com/v3/__https:/tinyurl.com/h73u9hxs__;!!PtGJab4!uQISZabI...> 12:30 Los Angeles; 15:30 Washington DC; 20:30 London; 21:30 Paris; 22:30 Moscow; (Thursday) 06:30 Melbourne GNSO Council Meeting Remote Participation: https://72.schedule.icann.org/meetings/iRtcZAfitd6mpyyyW [72.schedule.icann.org]<https://urldefense.com/v3/__https:/72.schedule.icann.org/meetings/iRtcZAfitd...> 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 19 August 2021 were posted on 04 September 2021 Minutes [gnso.icann.org]<https://urldefense.com/v3/__https:/gnso.icann.org/sites/default/files/policy...> of the GNSO Council meeting on 23 September 2021 were posted on 08 October 2021. Item 2: Opening Remarks / Review of Projects & Action List (10 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!uQISZabIbeYZsfSFh69UI5mp6FnYT1PE2PFALmPAjbqFVhvZngQO6j-eV2JCsMjVeY52kmDuKQ$>and Action Item List. <https://community.icann.org/x/RgZlAg> Item 3: Consent Agenda (5 minutes) * 3.1 - Approval<https://community.icann.org/x/_gBmCg> of the GNSO Council liaison to the New gTLD Subsequent Procedures Operational Design Phase - Jeff Neuman (SOI<https://community.icann.org/display/gnsosoi/Jeff+Neuman+SOI>) * 3.2 - Approval<https://community.icann.org/x/_gBmCg> of the GNSO liaison to the Governmental Advisory Committee - Jeff Neuman (SOI<https://community.icann.org/display/gnsosoi/Jeff+Neuman+SOI>) Item 4: COUNCIL VOTE - EPDP Phase 2A Final Report (30 minutes) On 21 October 2020, the GNSO Council approved the initiation [gnso.icann.org]<https://urldefense.com/v3/__https:/gnso.icann.org/en/council/resolutions/2020-current*20201021__;Iw!!PtGJab4!uQISZabIbeYZsfSFh69UI5mp6FnYT1PE2PFALmPAjbqFVhvZngQO6j-eV2JCsMjVeY4DMnk2kA$>of EPDP Phase 2A, to examine the topics of legal/natural and feasibility of unique contacts. In doing so, the Council required that the GNSO Council Liaison to the EPDP report back to the GNSO Council on the status of deliberations. Accordingly, status updates were regularly provided to the GNSO Council over the course of the EPDP Phase 2A’s deliberations. The EPDP Team published its Initial Report for public comment<https://www.icann.org/public-comments/epdp-phase-2a-initial-report-2021-06-0...> on 3 June 2021, which included preliminary recommendations as well as questions for community input. The EPDP Team delivered its Phase 2A Final Report [gnso.icann.org]<https://urldefense.com/v3/__https:/gnso.icann.org/en/issues/epdp-phase-2a-up...> to the GNSO Council on 3 September 2021, which was updated on 13 September 2021 with the minority statements incorporated into the Final Report The GNSO Council received a presentation on the Final Report, which also included a draft motion circulated to the GNSO Council on 13 September 2021 for discussion purposes. During the 23 September 2021 Council meeting, Kurt Pritz, Council member from the Registries Stakeholder Group (RySG) requested that the Council first examine the request in the RySG’s minority statement that relates to Recommendation 1 of the Phase 2A Final Report which seeks the GNSO Council’s determination of whether the proposal contained in Recommendation 1, the creation of a mandatory data element, is out of scope with the GNSO Council’s instructions to the EPDP phase 2A team. As an action item from the September Council meeting, the Council leadership considered the scope issue raised and concluded that it concurs with the assessment by the EPDP Phase 2A Chair that Recommendation 1 is in scope and communicated the same to the GNSO Council on 30 September 2021 (see Council leadership’s full response here https://mm.icann.org/pipermail/council/2021-September/025035.html). Here, the GNSO Council will vote to adopt the EPDP Phase 2A Final Report. 4.1 - Presentation of motion<https://community.icann.org/x/_gBmCg> (GNSO Council vice-chair, Pam Little) 4.2 – Council discussion 4.3 – Council vote (voting threshold: supermajority) 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-1: GNSO Expedited Policy Development Process of the ICANN Bylaws. Item 5: COUNCIL VOTE - Revised GNSO Councilor Job Description for the Nominating Committee (20 minutes) The GNSO Council is invited on an annual basis to review the job description and criteria contained in order to better assure that the Nominating Committee selects appointees that match the Council’s expectations. The Council has made incremental revisions to the job description each time that it has been invited to do so. This cycle, the Council is considering revising the job description to reflect a preference for appointees that are not currently affiliated with any Stakeholder Group or Constituency, recognizing that this may not always be feasible. Some concerns were expressed about the proposed revisions on the Council’s email list to which the Council leadership has responded with some clarifications (see https://mm.icann.org/pipermail/council/2021-September/025013.html). Here, the GNSO Council will vote to approve the revised job description [gnso.icann.org]<https://urldefense.com/v3/__https:/gnso.icann.org/sites/default/files/file/f...>. 5.1 - Presentation of motion<https://community.icann.org/x/_gBmCg> (GNSO Council vice-chair, Pam Little) 5.2 – Council discussion 5.3 – Council vote (voting threshold: simple majority) Item 6: COUNCIL DISCUSSION - GDS Update on the Framework for the Policy Status Report Framework on the UDRP (20 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. Council leadership had considered the best path forward to initiating this work and shared their thoughts [gnso.icann.org]<https://urldefense.com/v3/__https:/gnso.icann.org/sites/default/files/file/f...> for advancing this effort on 13 July 2021, which considers a Policy Status Report (PSR) as a possible next step. The Council discussed the approach during its July meeting and agreed that ICANN org should consider how to conduct the PSR and return to the Council to present their proposed framework for the PSR, in advance of initiating the actual work. ICANN org provided a presentation on the proposed framework for the PSR during the Council’s September meeting. Some concerns were expressed during the meeting and on the email list after the meeting. ICANN Org has taken into account the input and concerns received and will seek to respond to them, in advance of initiating the PSR. Here, the Council will receive a follow-up presentation, to help clarify the scope and purpose of the PSR as well as to address certain concerns raised. 6.1 – Introduction of topic (Council leadership) 6.2 – Presentation (Antonietta Mangiocotti - ICANN org) 6.3 – Council discussion 6.4 – Next steps Item 7: ANY OTHER BUSINESS (25 minutes) 7.1 - Seek vice-chair for Standing Committee on ICANN Budget & Operating Plan, to prepare for a chair succession plan for the FY24 cycle. 7.1 - Acknowledgment of the Project Plan for the EPDP on Internationalized Domain Names. 7.3 - Suggestion to assign a Council liaison to Accuracy Scoping Team 7.4 - Farewell and thanks to outgoing Councilors: Carlton Samuels, Osvaldo Novoa, Pam Little, Tatiana Tropina, Tom Dale 7.5- Open microphone _______________________________ 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... [gnso.icann.org]<https://urldefense.com/v3/__https:/gnso.icann.org/sites/default/files/file/f...> References for Coordinated Universal Time of 19:30 UTC Local time between November and March Winter in the NORTHERN hemisphere ---------------------------------------------------------------------------- California, USA (PDT) UTC-7 12:30 San José, Costa Rica (CST) UTC-6 13:30 New York/Washington DC, USA (EDT) UTC-4 15:30 Buenos Aires, Argentina (ART) UTC-3 16:30 Rio de Janeiro, Brazil (BRST) UTC-3 16:30 London, United Kingdom (GMT) UTC+1 20:30 Kinshasa, Democratic Republic of Congo (WAT) UTC+1 20:30 Paris, France (CEST) UTC+2 21:30 Moscow, Russia (MST) UTC+3 22:30 Singapore (SGT)(+1day) UTC+8 03:30 Melbourne, Australia (AEDT)(+1day) UTC+11 06:30 ---------------------------------------------------------------------------- DST starts/ends on Sunday 31 October 2021, 2:00 or 3:00 local time (with exceptions) for EU countries and on Sunday 7 November 2021 for the US. ---------------------------------------------------------------------- For other places see http://www.timeanddate.com [timeanddate.com]<https://urldefense.com/v3/__http:/www.timeanddate.com/__;!!PtGJab4!uQISZabIb...> and https://tinyurl.com/jw684set [tinyurl.com]<https://urldefense.com/v3/__https:/tinyurl.com/jw684set__;!!PtGJab4!uQISZabI...> Draft GNSO Council Agenda 27 October 2021 - Part II (Admin) 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/_ABmCg 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 12:30 PDT (Seattle, WA) Coordinated Universal Time: 19:30 UTC: https://tinyurl.com/h73u9hxs [tinyurl.com]<https://urldefense.com/v3/__https:/tinyurl.com/h73u9hxs__;!!PtGJab4!uQISZabI...> 12:30 Los Angeles; 15:30 Washington DC; 20:30 London; 21:30 Paris; 22:30 Moscow; (Thursday) 06:30 Melbourne GNSO Council Meeting Remote Participation: (link) 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. Seating of the 2021 / 2022 Council (20 mins) 1.1 - Roll Call 1.2 - Statements of Interest INCOMING COUNCILORS: Antonia Chu: SOI<https://community.icann.org/x/DYUzBw> Registrars Stakeholder Group (RrSG) Desiree Miloshevic Evans: SOI<https://community.icann.org/x/zAJyCg> Contracted Party House NomCom Appointee-Voting Greg DiBiase: SOI<https://community.icann.org/x/uCEnAw> Registrars Stakeholder Group (RrSG) Manju Chen: SOI<https://community.icann.org/x/cIImCQ> Non-Commercial Stakeholder Group (NCSG) Paul McGrady: SOI<https://community.icann.org/x/cTCfAg> Non-Contracted Party House NomCom Appointee-Voting Thomas Rickert: SOI<https://community.icann.org/x/2YTDAQ> Internet Service Providers and Connectivity Providers (ISPCP) Thank you again to outgoing Councilors: Carlton Samuels, Osvaldo Novoa, Pam Little, Tatiana Tropina, Tom Dale. 1.3 - Review / Amend Agenda Item 2. Election of the Chair (20 mins) One nomination was received for this position from Philippe Fouquart of the Non Contracted Party House. Philippe circulated his candidate statement [gnso.icann.org]<https://urldefense.com/v3/__https:/gnso.icann.org/en/elections/fouquart-stat...> to the GNSO Council on 9 October 2021. Here the GNSO Council will proceed to hold the election for its Chair for 2021-2022, according to the GNSO Operating Procedures (note Section 2.2 of the GNSO Operating Procedures on Officer Elections: Chair and Vice-Chairs (see Appendix 1 below)). Item 3. Election of GNSO Council Vice Chair 2021-2022 Non-Contracted Party House - Tomslin Samme-Nlar Contracted Party House - Sebastien Ducos Item 4. Any Other Business (0 min) None Appendix 1: Excerpt from GNSO Operating Procedures (Section 2.2) 2.2 https://gnso.icann.org/en/council/op-procedures-01sep16-en.pdf [gnso.icann.org]<https://urldefense.com/v3/__https:/gnso.icann.org/en/council/op-procedures-0...> Officer Elections: Chair and Vice-Chairs The GNSO Council shall select the GNSO Chair and two Vice-Chairs as follows: 1. The GNSO Chair shall be elected by a 60 percent vote of each house. 2. Each house will be allowed to nominate one candidate for GNSO Council Chair. Each house is responsible for determining how to nominate its candidate. A candidate for GNSO Council Chair does not need to be a member of a house, but must be a current or incoming member of the GNSO Council. Should a Chair be elected from outside of the houses that Chair will be a non-voting Chair. a. All ballots will include the “none of the above” option. In the event that a 60 percent vote of each house selects the “none of the above” option, each house will commence a new nomination period of not longer than 15 days. An election for the new nominees will be scheduled for no sooner than 30 days after the unsuccessful vote. b. In the case of a tie for the most votes between the two candidates, or between a candidate and “none of above,” a second election will be held no sooner than 30 days. The candidates shall remain the same for this second election. In the case this second election also results in a tie, each house will commence a new nomination period of not longer than 15 days. An election for the new nominees will be rescheduled for no sooner than 30 days after the unsuccessful vote. c. The leading candidate will be defined as the one with the highest score. The score is calculated by adding together the voting percentages attained from each house. The highest percentage attainable in each house is 100. Thus, the maximum score a candidate can achieve is 200 as a result of attaining 100 percent of the votes from the contracted party house and 100 percent from the non-contracted party house (100 percent + 100 percent = score of 200). In case neither candidate reaches the 60 percent of each house threshold, a second ballot will be held between the leading candidate and “none of the above.” d. In case neither candidate reaches the 60 percent of each house threshold and the candidates do not tie, a second runoff ballot will be held between the leading candidate and “none of the above.” e. If the single candidate does not reach the 60 percent of each house threshold in the runoff ballot, then each house will commence a new nomination period of not longer than 15 days. An election for the new nominees will be rescheduled for no sooner than 30 days after the unsuccessful runoff ballot. 1. Each house shall select a Council Vice-Chair from within its respective house. 2. A Chair may not be a member of the same Stakeholder Group of either of the Vice-Chairs. 3. The Chair and Vice-Chairs shall retain their votes (if any) in their respective houses (if any). 4. In the event that the GNSO Council has not elected a GNSO Council Chair by the end of the previous Chair’s term, the Vice-Chairs will serve as Interim GNSO Co- Chairs to jointly oversee the new Chair election and conduct Council business until a successful election can be held. In the event that one or both Vice-Chairs’ terms ends concurrently with the term of the previous Chair, the procedures described in Section 2.2.1 below shall apply. 5. The Council shall inform the Board and the Community appropriately and post the election results on the GNSO website within 2 business days following each election and runoff ballot, whether successful or unsuccessful. Appendix 2: GNSO Council Voting Thresholds (ICANN Bylaws,<https://www.icann.org/resources/pages/governance/bylaws-en/#article11> Article 11, Section 3) (i) Except as otherwise specified in these Bylaws, Annex A, Annex A-1 or Annex A-2 hereto, or the GNSO Operating Procedures, the default threshold to pass a GNSO Council motion or other voting action requires a simple majority vote of each House. The voting thresholds described below shall apply to the following GNSO actions: (i) Create an Issues Report: requires an affirmative vote of more than one-fourth (1/4) vote of each House or majority of one House. (ii) Initiate a Policy Development Process ("PDP") Within Scope (as described in Annex A): requires an affirmative vote of more than one-third (1/3) of each House or more than two-thirds (2/3) of one House. (iii) Initiate a PDP Not Within Scope: requires an affirmative vote of GNSO Supermajority (as defined in Section 11.3(i)(xix)). (iv) Approve a PDP Team Charter for a PDP Within Scope: requires an affirmative vote of more than one-third (1/3) of each House or more than two-thirds (2/3) of one House. (v) Approve a PDP Team Charter for a PDP Not Within Scope: requires an affirmative vote of a GNSO Supermajority. (vi) Changes to an Approved PDP Team Charter: For any PDP Team Charter approved under (iv) or (v) above, the GNSO Council may approve an amendment to the Charter through a simple majority vote of each House. (vii) Terminate a PDP: Once initiated, and prior to the publication of a Final Report, the GNSO Council may terminate a PDP only for significant cause, upon a motion that passes with a GNSO Supermajority Vote in favor of termination. (viii) Approve a PDP Recommendation Without a GNSO Supermajority: requires an affirmative vote of a majority of each House and further requires that one GNSO Council member representative of at least 3 of the 4 Stakeholder Groups supports the Recommendation. (ix) Approve a PDP Recommendation With a GNSO Supermajority: requires an affirmative vote of a GNSO Supermajority, (x) Approve a PDP Recommendation Imposing New Obligations on Certain Contracting Parties: where an ICANN contract provision specifies that "a two-thirds vote of the council" demonstrates the presence of a consensus, the GNSO Supermajority vote threshold will have to be met or exceeded. (xi) Modification of Approved PDP Recommendation: Prior to Final Approval by the Board, an Approved PDP Recommendation may be modified or amended by the GNSO Council with a GNSO Supermajority vote. (xii) Initiation of an Expedited Policy Development Process ("EPDP"): requires an affirmative vote of a GNSO Supermajority. (xiii) Approve an EPDP Team Charter: requires an affirmative vote of a GNSO Supermajority. (xiv) Approval of EPDP Recommendations: requires an affirmative vote of a GNSO Supermajority. (xv) Approve an EPDP Recommendation Imposing New Obligations on Certain Contracting Parties: where an ICANN contract provision specifies that "a two-thirds vote of the council" demonstrates the presence of a consensus, the GNSO Supermajority vote threshold will have to be met or exceeded. (xvi) Initiation of a GNSO Guidance Process ("GGP"): requires an affirmative vote of more than one-third (1/3) of each House or more than two-thirds (2/3) of one House. (xvii) Rejection of Initiation of a GGP Requested by the Board: requires an affirmative vote of a GNSO Supermajority. (xviii) Approval of GGP Recommendations: requires an affirmative vote of a GNSO Supermajority. (xix) A "GNSO Supermajority" shall mean: (A) two-thirds (2/3) of the Council members of each House, or (B) three-fourths (3/4) of the Council members of one House and a majority of the Council members of the other House. https://gnso.icann.org/en/council/op-procedures-01sep16-en.pdf [gnso.icann.org]<https://urldefense.com/v3/__https:/gnso.icann.org/en/council/op-procedures-0...> Appendix 1 GNSO Council Voting Results table Absentee Voting Procedures https://gnso.icann.org/en/council/op-procedures-01sep16-en.pdf [gnso.icann.org]<https://urldefense.com/v3/__https:/gnso.icann.org/en/council/op-procedures-0...> 4.4 Absentee Voting 4.1.1 Applicability Absentee voting is permitted for the following limited number of Council motions or measures. 1. Initiate a Policy Development Process (PDP); 2. Approve a PDP recommendation; 3. Recommend amendments to the GNSO Operating Procedures (GOP) or ICANN Bylaws; 4. Fill a Council position open for election. 4.1.2 Absentee ballots, when permitted, must be submitted within the announced time limit, which shall be 72 hours from the meeting’s adjournment. In exceptional circumstances, announced at the time of the vote, the Chair may reduce this time to 24 hours or extend the time to 7 calendar days, provided such amendment is verbally confirmed by all Vice-Chairs present. 4.1.3 The GNSO Secretariat will administer, record, and tabulate absentee votes according to these procedures and will provide reasonable means for transmitting and authenticating absentee ballots, which could include voting by telephone, e- mail, web-based interface, or other technologies as may become available. 4.1.4 Absentee balloting does not affect quorum requirements.