Hi Anne, I think our Council discussion on SubPro on the last call where we got our instructions to keep working counts as reviewing the non-adoption statement. The next step vis-à-vis Council and Board is discussing that with the Board in Hamburg. So, while I have no problem taking time, if we have it, to refresh the Council on where we are with the non-adopted Recommendations, I don’t think we’ve skipped any steps. Hope this helps. Best, Paul From: council <council-bounces@gnso.icann.org> On Behalf Of Anne ICANN via council Sent: Wednesday, October 11, 2023 6:38 PM To: DiBiase, Gregory <dibiase@amazon.com> Cc: gnso-secs@icann.org; COUNCIL@GNSO.ICANN.ORG Subject: Re: [council] Follow up on GNSO Council related meetings at ICANN78 Thanks Greg. Regarding the discussion with the Board re the non-adoption of certain Sub Pro Final Report Recommendations, I am pasting below the relevant section of Annex A Section 9 of the ByLaws for easy reference by Council members. Please note that this step appears to invoke the Supplemental Recommendation process under 9 d. below. As we understand it within the small team, this does not foreclose a recommendation from the small team to the Council to pursue the Section 16 process as to any particular non-adopted Recommendation. For example, within the small team, no particular conclusion has been drawn as to which of these processes (Supplemental Recommendation or Section 16 process) should be applied to the rejection by the Board of Recommendation 17.2 regarding Applicant Support. Clearly the Board has requested the consultation that is planned for the meeting in Hamburg. Given that Tripti's letter to Council is dated October 5, I think Council has not yet reviewed and discussed the Board's letter as set forth in 9.c. below. Nevertheless, it seems appropriate to take advantage of the in-person meeting with the Board. In this regard, I hope we will add to the GNSO Council working sessions a discussion of the Board's non-adoption statement so that we are closely following 9 c. below. As I understand it, the small team will be trying to develop a recommendation, in its meeting this coming Monday, as to how to address invitations to the wider community for input into the non-adopted Recommendations. In this regard, it strikes me that the Supplemental Recommendation process may be appropriate for most of the non-adopted Recommendations, but again, as far as I know, there has been no consensus as yet within the small team regarding the process to be recommended to Council in each case. Hopefully this will be resolved in the Small Team meeting on Monday and brought to a Council working session in Hamburg on the non-adopted Recommendations. Thank you, Anne Section 9. Board Approval Processes The Board will meet to discuss the GNSO Council recommendation as soon as feasible, but preferably not later than the second meeting after receipt of the Board Report from the Staff Manager. Board deliberation on the PDP Recommendations contained within the Recommendations Report shall proceed as follows: a. Any PDP Recommendations approved by a GNSO Supermajority Vote shall be adopted by the Board unless, by a vote of more than two-thirds (2/3) of the Board, the Board determines that such policy is not in the best interests of the ICANN community or ICANN. If the GNSO Council recommendation was approved by less than a GNSO Supermajority Vote, a majority vote of the Board will be sufficient to determine that such policy is not in the best interests of the ICANN community or ICANN. b. In the event that the Board determines, in accordance with paragraph a above, that the policy recommended by a GNSO Supermajority Vote or less than a GNSO Supermajority vote is not in the best interests of the ICANN community or ICANN (the Corporation), the Board shall (i) articulate the reasons for its determination in a report to the Council (the "Board Statement"); and (ii) submit the Board Statement to the Council. c. The Council shall review the Board Statement for discussion with the Board as soon as feasible after the Council's receipt of the Board Statement. The Board shall determine the method (e.g., by teleconference, e-mail, or otherwise) by which the Council and Board will discuss the Board Statement. d. At the conclusion of the Council and Board discussions, the Council shall meet to affirm or modify its recommendation, and communicate that conclusion (the "Supplemental Recommendation") to the Board, including an explanation for the then-current recommendation. In the event that the Council is able to reach a GNSO Supermajority Vote on the Supplemental Recommendation, the Board shall adopt the recommendation unless more than two-thirds (2/3) of the Board determines that such policy is not in the interests of the ICANN community or ICANN. For any Supplemental Recommendation approved by less than a GNSO Supermajority Vote, a majority vote of the Board shall be sufficient to determine that the policy in the Supplemental Recommendation is not in the best interest of the ICANN community or ICANN. Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2024 anneicanngnso@gmail.com<mailto:anneicanngnso@gmail.com> On Tue, Oct 10, 2023 at 10:23 AM DiBiase, Gregory via council <council@gnso.icann.org<mailto:council@gnso.icann.org>> wrote: Dear Councilors, I’m following up on the email below regarding the working document<https://docs.google.com/spreadsheets/d/1a3plNvimEJjpSUhahQPtpJU6BUXBkUKiQruv...> which includes the agendas for the various Council related meetings, such as the GNSO working sessions and joint meetings. I’d like to highlight a couple portions below (but please comment on any section of the document). First I would like to confirm the single topic suggested by the Council for the joint meeting between the ICANN Board and GNSO Council. The topic is: Preliminary discussion of Board Statement not-adopting certain SubPro recommendations. The Council’s topic(s) must be communicated to the Board by 11 October. Note, this engagement is expected to serve as at least the first meeting to discuss the Board Statement as required by Annex A, Section 9 (c) of the ICANN Bylaws, referenced in Tripti’s letter<https://gnso.icann.org/sites/default/files/policy/2023/correspondence/sinha-...> to the Council. Holding this meeting would not preclude additional discussion at a later time, as deemed necessary. In order to support this topic, the Council’s SubPro Pending Recommendations small team is concentrating on a working document<https://docs.google.com/document/d/1bumhCtJ1C3PatdsSHsl435Kk11mxGJXQ/edit> that first and foremost, identifies clarifying questions to discuss with the Board. In addition, the working document identifies which of the non-adopted recommendations that the small would like to try and modify in order to address the Board’s concerns, as well as a high-level understanding of what that modification could look like. The second reason for follow-up is to draw attention to the second GNSO Working Session where the GNSO will meet with staff from the Global Domains and Strategy (GDS) team. While the GDS team will come prepared to provide an update, it will be helpful if Councilors identify questions/comments in advance, in order to better support an active dialogue. Thanks, Greg From: council <council-bounces@gnso.icann.org<mailto:council-bounces@gnso.icann.org>> On Behalf Of Steve Chan via council Sent: Wednesday, October 4, 2023 4:51 PM To: council@gnso.icann.org<mailto:council@gnso.icann.org> Subject: [EXTERNAL] [council] GNSO Council related meetings at ICANN78 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you can confirm the sender and know the content is safe. Dear Councilors, For your planning purposes, please find this working document<https://docs.google.com/spreadsheets/d/1a3plNvimEJjpSUhahQPtpJU6BUXBkUKiQruv...> which includes the agendas for the various Council related meetings, such as the GNSO working sessions and joint meetings. In particular, I’d like to draw your attention to the tab for the GNSO Council/Board session which currently has one potential topic for the Council to suggest, and one Board proposed topic. The deadline to communicate topics for that Board/Council session is 11 October. The other quick comment is that the latest and greatest Council/GAC proposed agenda is included. Jeff, apologies for potentially stealing your thunder! If you have any questions or comments on any of the agendas, please share them on this list. And for the Council/Board session, please also consider whether additional topics are needed for the 60 minute session. 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@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=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=DRa2dXAvSFpCIgmkXhFzL7ar9Qfqa0AIgn-H4xR2EBk&m=jLNFXvpu9gNdUeHi-G6sjWNCF9w4_AwhzzUDFZy2elE&s=o7Auz997kA-HPv9PHJCjFVZw7Pgo8krw4MxfqCwBrIU&e=> Follow @GNSO on Twitter: https://twitter.com/ICANN_GNSO<https://urldefense.proofpoint.com/v2/url?u=https-3A__twitter.com_ICANN-5FGNSO&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=DRa2dXAvSFpCIgmkXhFzL7ar9Qfqa0AIgn-H4xR2EBk&m=jLNFXvpu9gNdUeHi-G6sjWNCF9w4_AwhzzUDFZy2elE&s=kWw4fQPNjw2lVKy1UjTxS2F0BmjEAzaDFWNmsYywbmE&e=> 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_group...> _______________________________________________ council mailing list council@gnso.icann.org<mailto:council@gnso.icann.org> https://mm.icann.org/mailman/listinfo/council _______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and the website Terms of Service (https://www.icann.org/privacy/tos). 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