Dear all, Please find below the final proposed agenda for the GNSO Council Meeting taking place on Wednesday, 25 October 2023 at 11:00 UTC for 2 hours (Part 1) and 13:15 for 30 minutes (Part 2). This has been posted on the agenda wiki pages, part 1<https://community.icann.org/x/vYXxDg> and part 2<https://community.icann.org/x/tIXxDg>. Thank you. Kind regards, Terri Part 1 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/toXxDg 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 Hamburg, Germany 13:00 - 15:00 CEST: https://tinyurl.com/ycktn6se Coordinated Universal Time: 11:00 - 13:00 UTC 04:00 Los Angeles; 07:00 Washington DC; 12:00 London; 13:00 Paris; 14:00 Moscow; 22:00 Melbourne GNSO Council Meeting Remote Participation: 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/2023/minutes/minutes-gnso-...> of the GNSO Council meeting on 24 August 2023 were posted on 09 September 2023. Minutes<https://gnso.icann.org/sites/default/files/policy/2023/minutes/minutes-gnso-...> of the GNSO Council Meeting on 21 September 2023 were posted on 08 October 2023. 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 (5 minutes) * Confirmation of Appointment of Ashley Heineman as GNSO-appointed Co-Chair of the IANA Naming Function Review Team Item 4: COUNCIL VOTE - GNSO Council Committee for Overseeing and Implementing Continuous Improvement (CCOICI) Recommendations Report on Review of the Statement of Interest (SOI) Requirements (15 minutes) The GNSO Framework for Continuous Improvement Pilot was initiated in June 2021 to determine whether the framework, as outlined here<https://gnso.icann.org/en/drafts/continuous-improvement-oversight-implementa...>, could serve as an approach for dealing with the various projects that are focused on improvements to GNSO processes and procedures. The CCOICI tasked<https://community.icann.org/x/NAAiCw> the GNSO Statement of Interest (SOI) Task Force to address the following questions: 1. Is the original objective of the SOI, as stated in the BGC WG Report, still valid? If not, why not and what should the current objective be? 2. Based on the response to question 1), is the requested information to be provided as part of the SOI still fit for purpose? If not, why not, and what would need to be changed to make it fit for purpose? 3. Are there any further measures that should be considered from an enforcement / escalation perspective, in addition or instead of those already included in the requirements? The Council Committee for Overseeing and Implementing Continuous Improvement (CCOICI) submitted to the GNSO Council for consideration its Recommendations Report following its review of the Recommendations Report submitted to the CCOICI by the GNSO Statement of Interest Task Force based on their review of the GNSO Statement of Interest (SOI) Requirements as well as their review of the input received in response to the public comment forum. During the meeting in August 2023, Manju Chen presented an overview of the CCOICI Recommendations Report<https://gnso.icann.org/sites/default/files/policy/2023/correspondence/chen-t...> on the SOI Requirements Here, the Council will vote on the CCOICI Recommendations Report<https://gnso.icann.org/sites/default/files/policy/2023/correspondence/chen-t...> on the SOI Requirements. 4.1 – Presentation of motion<https://community.icann.org/x/sYXxDg> (Manju Chen, CCOICI Chair) 4.2 – Council discussion 4.3 – Council Vote (voting threshold: simple majority) Item 5: COUNCIL DISCUSSION - Optional Topics for Potential Council Response (30 minutes) (i) Pilot Holistic Review Revised Draft Terms of Reference The ICANN Board is currently seeking the community's input on the proposed Pilot Holistic Review Revised Draft Terms of Reference<https://www.icann.org/en/system/files/files/pilot-holistic-review-draft-tor-...>. This is an update to the first version posted for Public Comment in August 2022 and has been modified to reflect community input. The primary focus of the Pilot Holistic Review Draft Terms of Reference (ToR) is to address the four primary issues raised during the first Public Comment proceeding: * The scope of Holistic Review is unclear * There is a lack of independent examination in the Holistic Review * There is a lack of identified dependencies * The community might not have the ability to support the Pilot Holistic Review work The ToR Development Team also shortened and revised the ToR document to include more direct language and clearer deliverables. Considering the potential implications on the ICANN structures and work, the Board is seeking input on whether the revised Draft ToR<https://gnso.icann.org/sites/default/files/policy/2023/correspondence/gurnic...> seems fit for purpose, and whether it sufficiently addresses the issues identified in the first Public Comment proceeding. The following questions are designed to aid responders in formulating their views: 1. Do you support the Pilot Holistic Review Revised Terms of Reference as drafted? 2. Does the Pilot Holistic Review Revised Terms of Reference sufficiently address the four primary issues identified in the first Public Comment proceeding? 3. Does the Pilot Holistic Review Revised Terms of Reference sufficiently clarify the deliverables for the Pilot Holistic Review? 4. Do you support the next steps for the Pilot Holistic Review (as noted below)? For more background information, Councilors are invited to listen to the webinar<https://community.icann.org/display/atrt/Pilot+Holistic+Review+-+Revised+Dra...> on this topic. Deadline for feedback is 27 November 2023. (ii) Proposed Process for the Retirement of Non-Policy Recommendations To implement the Board-approved Third Accountability and Transparency Review (ATRT3)<https://www.icann.org/resources/reviews/specific-reviews/atrt> Recommendation 5, and considering the numerous times the ATRT3 Final Report stresses the procedural gap of not having a process to retire approved recommendations, ICANN org is proposing a process for the retirement of community-developed Board-approved non-policy recommendations in exceptional cases and according to specific criteria. Non-policy recommendations refer to community recommendations developed outside of a policy development process, such as Specific Reviews or Cross-Community Working Groups. The process will be publicly documented in the planning prioritization framework, and referenced in relevant documentation, such as the revised version of the Operating Standards for Specific Reviews. Here, the Council will discuss the Proposed Process<https://mm.icann.org/pipermail/council/attachments/20231003/12d244b4/DraftPr...> and determine whether input on the proposed process is needed. The deadline for input is 30 November 2023 and can be sent directly to giovanni.seppia@icann.org<mailto:giovanni.seppia@icann.org> and alice.jansen@icann.org<mailto:alice.jansen@icann.org>. (iii) Continuous Improvement Program Community Coordination Group (CIP-CCG) The Third Accountability and Transparency Review (ATRT3) Recommendation 3.6 calls for Organizational Reviews to be evolved into a Continuous Improvement Program (CIP). The recommendation to create a Continuous Improvement Program states that ICANN org shall work with each Supporting Organization (SO), Advisory Committee (AC) and their stakeholder groups, and the Nominating Committee (NomCom) to establish a Continuous Improvement Program. It will include an annual satisfaction survey of members/participants, and a regular assessment, including a summary of continuous improvements published at least every three years. As the ICANN Community considers the implementation of ATRT3 Recommendation 3.6 as it relates to each community structure and for the ICANN Community overall, the CIP Community Coordination Group is intended to serve as a forum to exchange best practices, lessons learned, as well as for sharing information and progress related to already existing community continuous improvement activities. The representatives in the CIP-CCG will share best practices and collaborate on community-wide implementation of ATRT3 Recommendation 3.6, while relaying information back to their constituencies to inform the process and voice decisions. ICANN org plans to proceed with the approach outlined in its letter<https://gnso.icann.org/sites/default/files/policy/2023/correspondence/gurnic...> by the end of November; however, if there are objections, concerns, or further feedback/questions, input should be directed to larisa.gurnick@icann.org<mailto:larisa.gurnick@icann.org> and evin.erdogdu@icann.org<mailto:evin.erdogdu@icann.org> and is due by 30 November 2023. Here, the Council will discuss if it would like to provide further feedback on the three above topics. 5.1 – Introduction of topic (Greg DiBiase, Vice-Chair of the GNSO Council) 5.2 - Discussion 5.3 – Next steps Item 6: COUNCIL DISCUSSION - GNSO Liaison to the Governmental Advisory Committee (GAC) Annual Report (10 minutes) The GNSO Liaison to the GAC role was first piloted from 1 July 2014 to 30 June 2016 as part of a broader initiative of the GAC-GNSO Consultation Group to facilitate early engagement of the GAC in GNSO policy development activities. Due to the success of the pilot, the GNSO Liaison to the GAC is now a permanent role and an integral part of communications between the GAC and GNSO. The Liaison is primarily responsible for providing timely updates to the GAC on GNSO policy development activities in order to complement the existing notification processes; the Liaison is also a resource for answering questions in relation to these (GNSO) activities that GAC members may have. Furthermore, the Liaison is responsible for providing the GNSO Council with regular updates on progress, including on GAC activities, specifically in so far as these relate to issues of interest to the GNSO. The objective of the liaison mechanism, in combination with other mechanisms and early engagement tools, is to facilitate effective early engagement of the GAC and assist with the flow of information between the GAC and the GNSO. The Liaison is responsible for delivering to the Council an annual report, which includes updates on relevant engagement activities and progress. Here, the Council will receive a presentation on the annual report<https://gnso.icann.org/sites/default/files/policy/2023/correspondence/newman...> from the Liaison. 6.1 – Introduction of topic (Jeff Neuman, GNSO Liaison to the GAC) 6.2 – Council discussion 6.3 – Next steps Item 7: COUNCIL DISCUSSION - Diacritics Issue in Latin Script (20 minutes) PointQuébec, CORE Association, and the At-Large Advisory Committee raised an issue to the GNSO Council attention with regard to the challenge affecting future applied-for strings in the Latin script containing diacritics that may be confusingly similar to ASCII strings and are non-variants. For background, an applied-for IDN gTLD string in the Latin script containing diacritics, which is NOT an allocatable variant label of the base ASCII string (existing or applied-for) according to RZ-LGR, is widely recognized by users as its “equivalence” and may be determined to be confusingly similar (i.e., in which case, it would not pass the String Similarity Review). One notable example of this problem known to the ICANN community is the string “québec”. PointQuébec Inc, the Registry of .quebec, has long held an interest in applying for this string, but it may face challenges obtaining it. PointQuébec regards the string “.québec” a necessity for serving the French speaking community in Quebec, Canada. Quebec is the only province in Canada whose sole official language is French; 71.2% of Quebecers are first language francophones. In the 2012 round, PointQuébec was advised not to apply for “.québec” due to considerations for technical readiness and financial predictability for an IDN gTLD. Hence it applied for the ASCII string without diacritics “.quebec” first, but has been waiting to submit an application for the IDN string in the next round. A similar problem could happen to other existing Registries that currently manage ASCII gTLDs but may wish to apply for their IDN equivalence that are not deemed as allocatable variant labels according to the RZ-LGR. Future applicants may also be affected by this challenge. To consider the development of an exception procedure for handling the consequence of String Similarity Review and create a potential path for future applications such as the “.québec” string, a GNSO Policy Development Process is likely the necessary avenue to do so. Understanding the seriousness of the issue and the potential harm to the interests or needs of the intended language committees, the GNSO Council agrees that requesting an Issue Report to thoroughly research and scope the problem is the appropriate step forward. The Issue Report will serve as the basis for launching a dedicated PDP on this topic, should the GNSO Council consider this path in the future. Here, this briefing will serve the purpose of the initial issue identification and scoping in preparation for the Council’s consideration for requesting the Issue Report. 7.1 – Introduction of topic (Sebastien Ducos, GNSO Council Chair) 7.2 – Council discussion 7.3 – Next steps Item 8: ANY OTHER BUSINESS (30 minutes) 8.1 – Farewell to outgoing Councilors 8.2 – Update - Open Contracted Party House DNS Abuse Calls (Greg DiBiase) 8.3 – GNSO Framework for Continuous Improvement Pilot Review (Manju Chen) 8.4 – Open microphone (Continuation of anniversary session discussion / input) _______________________________ 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 11:00 UTC Local time between March and October 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 04:00 San José, Costa Rica (CDT) UTC-6 05:00 New York/Washington DC, USA (EDT) UTC-4 07:00 Buenos Aires, Argentina (ART) UTC-3 08:00 Kinshasa, Democratic Republic of Congo (WAT) UTC+1 12:00 Paris, France (CEST) UTC+2 13:00 Moscow, Russia (MSK) UTC+3 14:00 Singapore (SGT) UTC+8 19:00 Melbourne, Australia (AEST) UTC+11 22:00 ---------------------------------------------------------------------------- US and Canada: DST starts on Sunday 12 March 2023 (with exceptions) European countries: DST starts on Sunday 26 March 2023 (with exceptions) DST ends on Sunday 29 October 2023 for most European countries DST ends on Sunday 05 November 2023 for most of the US and Canada Some parts of Australia: DST ends on Sunday 02 April 2023 Some parts of Australia: DST starts on Sunday 01 October 2023 ---------------------------------------------------------------------- For other places see http://www.timeanddate.com<http://www.timeanddate.com/> and https://tinyurl.com/ycktn6se Part 2 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/toXxDg 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 Hamburg, Germany 15:15-15:45 CEST: https://tinyurl.com/3t7zh8f6 Coordinated Universal Time: 13:15-13:45 UTC 06:15 Los Angeles; 09:15 Washington DC; 14:15 London; 15:15 Paris; 16:15 Moscow; (Thursday) 00:15 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: Seating of the 2022-2023 Council (20 minutes) 1.1 - Roll Call 1.2 - Statements of Interest INCOMING COUNCILORS: Jennifer Chung: SOI<https://community.icann.org/x/6AOuAg> Registries Stakeholder Group (RySG) Lawrence Olawale-Roberts: SOI<https://community.icann.org/x/PAF1Aw> Commercial Stakeholder Group (CSG - BC) Damon Ashcroft: SOI<https://community.icann.org/x/WEqAAw> Commercial Stakeholder Group (CSG - IPC) Peter Akinremi: SOI<https://community.icann.org/x/squjBg> Non-commercial Stakeholder Group (NCSG) 1.3 - Review / Amend Agenda Item 2. Election of the Chair (20 minutes) One nomination was received for this position from Gregory DiBiase of the Contracted Party House. Gregory circulated his candidate statement<https://gnso.icann.org/sites/default/files/file/field-file-attach/dibiase-st...> to the GNSO Council on 5 October 2023. 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 2022-2023 (5 minutes) Non-Contracted Party House - TBD Contracted Party House - TBD 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. * 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. * 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. * 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.” * 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.” * 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.