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


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

 

 

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

 

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Email: steve.chan@icann.org

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