Dear all, Please find below the final proposed agenda for the GNSO Council Meeting on 21 September 2022. Draft GNSO Council Agenda 21 September 2022 - 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/kIJJD. 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 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 in Kuala Lumpur, Malaysia 13:15-15:15 MYT: https://tinyurl.com/bdpud5r3 Coordinated Universal Time: 05:15-07:15 UTC (Tuesday) 22:15 Los Angeles; (Wednesday) 01:15 Washington DC; 06:15 London; 07:15 Paris; 08:15 Moscow; 15:15 Melbourne GNSO Council Meeting Remote Participation: (TBD) 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 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/2022/minutes/minutes-gnso-...> of the GNSO Council meeting on 21 July 2022 were posted on 05 August 2022. Minutes<https://gnso.icann.org/sites/default/files/policy/2022/minutes/minutes-gnso-...> of the GNSO Council meeting on 25 August 2022 were posted on 07 September 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 <https://gnso.icann.org/en/council/project> and Action Item List. <https://community.icann.org/x/RgZlAg> Item 3: Consent Agenda (0 minutes) * None Item 4: COUNCIL UPDATE - Update From Public Technical Identifiers (PTI) IANA (10 minutes) As noted on the relevant webpage<https://pti.icann.org/>, “Public Technical Identifiers (PTI) is responsible for the operational aspects of coordinating the Internet’s unique identifiers and maintaining the trust of the community to provide these services in an unbiased, responsible and effective manner. Mainly, PTI is responsible for the operation of the IANA function,” as it relates to domain names, number resources, and protocol parameter assignments. As PTI performs the IANA functions on behalf of ICANN, it plays a critical role in the ICANN ecosystem. The PTI Board collaborated with IANA staff, ICANN org, and members of the community to develop an inaugural strategic plan for July 2020 to June 2024, which as Lise Fuhr, Chair of the PTI Board of Directors notes in her blog post<https://www.icann.org/en/blogs/details/a-roadmap-for-success-icann-affiliate...>, provides “IANA-related strategic objectives that will help PTI continue to provide secure and accountable management of the Internet's unique identifier systems.” Here, the Council will receive an update on PTI. 4.1 – Introduction of topic (Council leadership) 4.2 – Presentation (Lise Fuhr) 4.3 – Discussion 4.4 - Next steps Item 5: COUNCIL DISCUSSION - Registration Data Accuracy Scoping Team - Assignments #1 (Enforcement and Reporting) and #2 (Measurement of Accuracy) Write Up & Process for Finding a New Chair (20 minutes) The Registration Data Accuracy (RDA) Scoping Team was initiated by the GNSO Council in July 2021 per the formation instructions<https://gnso.icann.org/sites/default/files/file/field-file-attach/registrati...>. The Scoping Team was tasked with considering a number of accuracy-related factors such as the current enforcement, reporting, measurement, and overall effectiveness of accuracy-related efforts. These considerations are expected to help inform its deliberations and the development of recommendations to the GNSO Council on whether any changes are recommended to improve accuracy levels, and, if so, how and by whom these changes would need to be developed (for example, if changes to existing contractual requirements are recommended, a PDP or contractual negotiations may be necessary to effect a change). The RDA Scoping Team submitted a Project Change Request (PCR)<https://gnso.icann.org/sites/default/files/policy/2022/correspondence/palage...> to Council on 10 May 2022. The Scoping Team has since completed Assignment #1 (enforcement and reporting) and Assignment #2 (measurement of accuracy) and submitted its write up<https://mm.icann.org/pipermail/council/2022-September/025950.html> to the Council on 5 September 2022. In the write up, the group is suggesting moving forward with two proposals that would not require access to registration data, namely a registrar survey and a possible registrar audit that may help further inform the team’s work on assignment #3 (effectiveness) and #4 (impact & improvements), while it awaits the outcome of the outreach to the European Data Protection Board (EDPB) by ICANN org in relation to proposals that would require access to registration data. As has been communicated previously, Michael Palage will be confirming his resignation as Chair of this group to the Council. Here, the Council will discuss the write up and consider next steps, including the approach to identifying a new Chair. 5.1 – Introduction of topic (Michael Palage, Chair of the Registration Data Accuracy Scoping Team) 5.2 - Discussion 5.3 – Next steps Item 6. COUNCIL DISCUSSION - Proposed updates to the GNSO Operating Procedures - Working Group Self-Assessment & GNSO Statement of Interest Procedures (15 minutes) In order to perform work that is focused on structural, procedural, and process improvements, and specifically not policy development, the GNSO Council initiated the Council Committee for Overseeing and Implementing Continuous Improvement (CCOICI) pilot to focus on work that falls into these areas. The pilot specifically consists of two topics: a review of the Working Group Self-Assessment and a review of the GNSO Statements of Interest (SOI) requirements . The CCOICI has reviewed the GNSO Working Group Self-Assessment (WGSA) survey and has proposed several recommendations and updates to the documentation. The CCOICI tasked the GNSO Statement of Interest (SOI) Task Force (TF) to review the current Statement of Interest (SOI) requirements and as a result of its review it is recommending a different structure. The CCOICI’s and Task Force proposed recommendations require amendments to the GNSO Operating Procedures, which requires a public comment<https://www.icann.org/en/public-comment/proceeding/updates-to-the-gnso-state...> proceeding. Here, the Council will receive a briefing on the recommended changes and potential changes to the GNSO Operating Procedures. 6.1 – Introduction of topic (Olga Cavalli, Chair of the CCOICI and CCOICI liaison to the GNSO SOI TF) 6.2 – Council discussion 6.3 – Next steps Item 7: COUNCIL DISCUSSION - PDP Improvements Tracker - Review of Format (10 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<https://gnso.icann.org/sites/default/files/policy/2022/draft/draft-gnso-pdp-...>. 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. After reviewing a draft of the PDP Improvements Tracker<https://gnso.icann.org/sites/default/files/policy/2022/draft/draft-pdp-impro...> during a series of Council meetings, 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 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 in advance of the August meeting where the survey, approach, and next steps were discussed. Having heard no disagreement, the survey was launched shortly after the Council meeting. The results of the survey are expected to be considered during the GNSO working session at ICANN75. Here, the Council, having discussed the topic during the working session, will consider next steps. 7.1 – Introduction of topic (Council leadership) 7.2 – Council discussion 7.3 – Next steps Item 8: COUNCIL DISCUSSION - Whois Disclosure System (15 minutes) The proposed design of the Whois Disclosure System will have been published prior to ICANN75 and will be presented on Saturday of ICANN75, and the small team and Council will have had an initial discussion during the session immediately following the ICANN Org presentation in order to review the proposed design and consider next steps. The Council is scheduled to discuss the Whois Disclosure System with the Board during its joint session on Tuesday. Here, the Council will seek to distill and discuss the conversations with ICANN org, the small team, GAC, and the Board and determine next steps. 8.1 – Introduction of topic (Sebastien Ducos, Council vice-chair and lead of the EPDP Phase 2 small team) 8.2 – Council discussion 8.3 – Next steps Item 9: COUNCIL DISCUSSION - Update from the UASG (15 minutes) The mission of the Universal Acceptance Steering Group (UASG) is to promote and work towards a future where all domain names and all email addresses work in all software applications. With the GNSO’s work on enabling the application for new gTLDs and developing policy recommendations related to internationalized domain names, universal acceptance is an important factor for the work of the GNSO. The UASG is planning a Universal Acceptance (UA) day in February 2023 and is seeking the participation of the various community groups. The UASG is hopeful that the GNSO will be able to contribute to the effort and help promote UA adoption. Here, Dr. Ajay Data, Chair of the UASG, will provide an update on the progress of the UASG and discuss the ways in which the GNSO might be able to help support the planned UA day. 9.1 – Introduction of topic (Council leadership) 9.2 – Presentation (Dr. Ajay Data, Chair of the UASG) 9.3 – Council discussion 9.4 – Next steps Item 10: ANY OTHER BUSINESS (20 minutes) 10.1 – Confirmation of approach for term limits for the GNSO liaison to the GAC 10.2 – Update - Potential changes to the Standing Committee for ICANN Budget & Operations (SCBO) 10.3 – Farewell to outgoing Councilors (Flip Petillion, Juan Manuel Rojas, Maxim Alzoba, Olga Cavalli, Philippe Fouquart) 10.4 - 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... References for Coordinated Universal Time of 05:15 UTC Local time between March and November in the NORTHERN hemisphere ---------------------------------------------------------------------------- California, USA (PDT) UTC-7 (Tuesday) 22:15 San José, Costa Rica (CST) UTC-6 (Tuesday) 23:15 New York/Washington DC, USA (EDT) UTC-4 01:15 Buenos Aires, Argentina (ART) UTC-3 02:15 Rio de Janeiro, Brazil (BRT) UTC-3 02:15 London, United Kingdom (BST) UTC+1 06:15 Kinshasa, Democratic Republic of Congo (WAT) UTC+1 06:15 Paris, France (CEST) UTC+2 07:15 Moscow, Russia (MSK) UTC+3 08:15 Singapore (SGT) UTC+8 13:15 Melbourne, Australia (AEST) UTC+10 15:15 ---------------------------------------------------------------------------- DST starts on Sunday 27 March 2022, 2:00 or 3:00 local time (with exceptions) for EU countries and on Sunday 13 March 2022 for the US. DST ends on Sunday 30 October 2022 for EU countries, and on Sunday 06 November 2022 for the US. ---------------------------------------------------------------------- For other places see http://www.timeanddate.com<http://www.timeanddate.com/> and https://tinyurl.com/bdpud5r3. Draft GNSO Council Agenda 21 September 2022 - 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/jYGkD. 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 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 in Kuala Lumpur, Malaysia 15:30-16:00 MYT: https://tinyurl.com/yc2uwm9z Coordinated Universal Time: 07:30-08:00 UTC 00:30 Los Angeles; 03:30 Washington DC; 08:30 London; 09:30 Paris; 10:30 Moscow; 17:30 Melbourne GNSO Council Meeting Remote Participation: (TBD) 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 2022-2023 Council (20 minutes) 1.1 - Roll Call 1.2 - Statements of Interest INCOMING COUNCILORS: Anne Aikman-Scalese: SOI<https://community.icann.org/x/W4MKAQ> Non-Voting NomCom Appointee Bruna Martins dos Santos: SOI<https://community.icann.org/x/iBvwAw> Non-Commercial Stakeholder Group (NCSG) Nacho Amadoz: SOI<https://community.icann.org/x/tYIlBw> Registries Stakeholder Group (RySG) Osvaldo Novoa: SOI<https://community.icann.org/x/HgbPAQ> Internet Service Providers and Connectivity Providers (ISPCP) Susan Payne: SOI<https://community.icann.org/x/sLbhAg> Intellectual Property Constituency (IPC) 1.3 - Review / Amend Agenda Item 2. Election of the Chair (20 minutes) One nomination was received for this position from Sebastien Ducos of the Contracted Party House. Sebastien circulated his candidate statement to the GNSO Council on [date]. Here the GNSO Council will proceed to hold the election for its Chair for 2022-2023, 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 (5 minutes) Non-Contracted Party House - TBD Contracted Party House - Greg DiBiase Item 4. ANY OTHER BUSINESS (10 minutes) 4.1 - TBD Appendix 1: Excerpt from GNSO Operating Procedures (Section 2.2) 2.2 https://gnso.icann.org/en/council/op-procedures-01sep16-en.pdf 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 Appendix 1 GNSO Council Voting Results table Absentee Voting Procedures https://gnso.icann.org/en/council/op-procedures-01sep16-en.pdf 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.