Many thanks Steve. Yes - very helpful to clarify! Anne Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2026 anneicanngnso@gmail.com On Tue, May 13, 2025 at 2:49 PM Steve Chan <steve.chan@icann.org> wrote:
Hi Anne,
Your reading that this mechanism is available to the GNSO aligns with mine. However, in the immediate next section, it talks about “Types of Expert Advisory Panels” and states that (with my emphasis added):
(i) *On its own initiative or at the suggestion of any ICANN body, the Board may appoint, or authorize the President to appoint,* Expert Advisory Panels consisting of public or private sector individuals or entities. If the advice sought from such Panels concerns issues of public policy, the provisions of Section 13.1(c) shall apply.
While the GNSO may identify the need for External Expert Advice, it seems to me that the convening of that Expert Advisory Panel is subject to ICANN Board or ICANN President action.
I hope that helps.
Best,
Steve
*From: *Anne ICANN <anneicanngnso@gmail.com> *Date: *Tuesday, May 13, 2025 at 1:23 PM *To: *Steve Chan <steve.chan@icann.org> *Cc: *"council@gnso.icann.org" <council@gnso.icann.org> *Subject: *Re: [Ext] Re: [council] Discussion Paper on Mechanism to Address EPDP-IDNs Phase 1 Recommendation 3.17
Thanks Steve. I think your interpretation that "constituent bodies" includes Supporting Organizations and Advisory Committees is correct. I also think that means that the External Expert Advice mechanism specified in the ByLaws 13.1 is equally available to the GNSO, not just to the Board. As requested last Thursday morning, can you please try to get an answer to this?
Thank you,
Anne
Anne Aikman-Scalese
GNSO Councilor
NomCom Non-Voting 2022-2026
anneicanngnso@gmail.com
On Tue, May 13, 2025 at 9:47 AM Steve Chan <steve.chan@icann.org> wrote:
Hi Anne,
When I read the text, I interpreted “constituent bodies” to be referring to the Supporting Organizations and Advisory Committees. There are other references to the “constituent bodies” in the ICANN Bylaws (e.g., ARTICLE 3 TRANSPARENCY) that help reinforce this interpretation. However, I am by NO means an expert on the ICANN Bylaws. If the Council needs a definitive answer to this question to determine next steps, I will need to seek the advice of ICANN legal.
Best,
Steve
*From: *Anne ICANN <anneicanngnso@gmail.com> *Date: *Tuesday, May 13, 2025 at 9:02 AM *To: *Steve Chan <steve.chan@icann.org> *Cc: *"council@gnso.icann.org" <council@gnso.icann.org> *Subject: *Re: [Ext] Re: [council] Discussion Paper on Mechanism to Address EPDP-IDNs Phase 1 Recommendation 3.17
Hi Steve,
Would we be able to get an answer to my question on ByLaws 13.1 before the Council meeting? It seems that the Board itself does not have "constiuent bodies". The Board has Committees. The constiuent bodies in ICANN are those that advise the Board I think.
Thank you,
Anne
Anne Aikman-Scalese
GNSO Councilor
NomCom Non-Voting 2022-2026
anneicanngnso@gmail.com
On Thu, May 8, 2025 at 7:24 AM Anne ICANN <anneicanngnso@gmail.com> wrote:
Thanks Steve. It's an interesting procedural point that the policy has already been approved by the Board. As I read Section 13.1 of the ByLaws, the Expert Advice tool is intended for use in the policy* development* process. We are actually beyond "policy development" here as that was done by the IDN PDP and the policy was adopted by the Board as you point out. (Incidentally, it also appears from 13.1 that "constituent bodies" may take advantage of the External Expert Advice tool. I would assume that the GNSO is a "constituent body". Can you please confirm? )
The relevant text is as follows (bold emphasis added):
"Section 13.1. EXTERNAL EXPERT ADVICE
(a) Purpose. The purpose of seeking external expert advice is to *allow the policy-development process within ICANN to take advantage of existing expertise *that resides in the public or private sector but outside of ICANN. In those cases where there are relevant public bodies with expertise, or where access to private expertise could be helpful, *the Board and constituent bodies *should be encouraged to seek advice from such expert bodies or individuals."
It would seem the "constituent bodies" language in the ByLaws could affect your comparison chart. In other words, is the External Expert Advice tool equally available to the GNSO Council?
On the topic of "pulling away the implementation" of a previously Board-approved policy from ICANN Org, I would note that the GGP process was specifically designed to address Implementation when difficulties in implementation arise. It can be initiated either by the Board or by the Council, Recommendations coming out of a GGP are always subject to Board review and approval so there is no aspect of a GGP that takes the authority of an approved policy recommendation away from the Board. (See Annex A-2 of the ByLaws.)
Anne
Anne Aikman-Scalese
GNSO Councilor
NomCom Non-Voting 2022-2026
anneicanngnso@gmail.com
On Thu, May 8, 2025 at 12:37 AM Steve Chan <steve.chan@icann.org> wrote:
Hi Anne,
The purpose of the discussion paper was to provide the Council with hopefully helpful information to make an informed decision on next steps for EPDP-IDNs Rec 3.17. When drafting the document, I was hoping to differentiate that there are at least two paths for the Council pursue. In brief, path 1 is for the Council to pull the implementation away from ICANN org and the IRT, and to have the implementation take place in the context of a GGP, EWG, or External Expert Advice process, or path 2, the Council provides more limited guidance to essentially remove a roadblock for implementation. The last two sentences were included to provide potential context and rationale around path 2, and therefore to aid in Council decision-making. In other words, it was not the intention of this discussion paper to provide an official ICANN org position on this topic.
Best,
Steve
*From: *Anne ICANN <anneicanngnso@gmail.com> *Date: *Thursday, May 8, 2025 at 8:09 AM *To: *Steve Chan <steve.chan@icann.org> *Cc: *"council@gnso.icann.org" <council@gnso.icann.org> *Subject: *[Ext] Re: [council] Discussion Paper on Mechanism to Address EPDP-IDNs Phase 1 Recommendation 3.17
Thank you Steve. Regarding the last two sentences of your analysis, *do we have an ICANN Org position on the handling of this single character HAN script issue*? At the IRT level, staff understood that Susan and I were bringing this to Council with the urging of the IRT. The question you raise is whether it's appropriate for Council to be supervising this work going forward given that the Recommendation has already been approved by the Board.
Your thoughts?
Anne
Anne Aikman-Scalese
GNSO Councilor
NomCom Non-Voting 2022-2026
anneicanngnso@gmail.com
On Fri, May 2, 2025 at 10:59 AM Steve Chan via council <council@icann.org> wrote:
Dear Councilors,
Pursuant to the Council’s April meeting, staff was tasked with providing a briefing document that helps evaluate several options on how to address the issues in implementing EPDP-IDNs Phase 1 Recommendation 3.17. Please find the proposed paper attached, which can be discussed during the Council’s May meeting (and on list of course).
Best,
Steve
*Steven Chan*
VP, Policy Development Support & GNSO Relations
Internet Corporation for Assigned Names and Numbers (ICANN)
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