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From: council <council-bounces@gnso.icann.org> On Behalf Of Ayden Férdeline
Sent: Sunday, June 30, 2019 6:25 AM
To: Steve Chan <steve.chan@icann.org>
Cc: gnso-secs@icann.org; council@gnso.icann.org
Subject: Re: [council] ICANN's Legislative/Regulatory Tracker -- Recommended Improvements

I have drafted a message on behalf of the Council for Council's consideration on this topic. This is based upon our previous conversations. Please find attached and pasted below my signature. Thanks.

Ayden Férdeline

Recommended Improvements from the GNSO Council on ICANN Org Legislative Statement

The GNSO Council supports ICANN org in its initiative to identify legislative and regulatory efforts across the globe that may have impacts on ICANN activities. However, we have some recommended improvements to the approach that ICANN org takes.

First, the GNSO Council believes that the current, crowdsourced approach where the community is expected to identify errors and omissions in the Global Legislative and Regulatory Developments Report is inappropriate. If ICANN is a professional organization then its professional staff should be comprehensively monitoring the regulatory landscape within which we operate.
Second, we encourage ICANN org to conduct proper regulatory impact assessments so that the community can understand the intended rationale for a law/regulation/directive, specific extracts of the proposed text that could have implications on activities within ICANN’s remit, and outline concretely what implications are anticipated for ICANN. A timeline should be included so we understand how imminent the law/regulation/directive is and when we need to take action.
Third, we encourage ICANN org to partner with a professional firm to receive regular updates (at least every three months) focused on those key regions which cause the majority of concerns. These reports must be made available to ICANN community members in a timely manner.
Fourth, while the GNSO Council would be pleased to accept ongoing monitoring reports, we would also welcome the opportunity to be briefed at our face-to-face meetings by ICANN’s government relations team and to enter into a dialogue about issues that have the potential to cause us concern.
Fifth, once a law or regulation has been adopted, ICANN org must undertake a compliance assessment in order to fully understand what implications there may or may not be on ICANN activities.
Sixth, the GNSO Council considers the GAC to be an important partner in these discussions and we would be delighted if they are able to alert us to potentially problematic legislation. However, we understand that often the GAC is not in a position to be able to do so, so we believe the onus must ultimately fall on ICANN org to structure the dialogue and to monitor regulatory and legislative developments.

Thank you for welcoming our input.

‐‐‐‐‐‐‐ Original Message ‐‐‐‐‐‐‐

On Sunday, 23 June 2019 18:01, Steve Chan <steve.chan@icann.org> wrote:

Dear Ayden, Darcy, Erika, Flip, Michele, Phillipe and Tatiana,

In reviewing the Council’s action items, we recognized that the item below is still outstanding:

Small group of Councilors to develop draft message to ICANN Org to provide input on legislative tracker. Based on feedback, Council leadership to consider scheduling follow up discussion at ICANN65.

We wanted to bring this to your attention, as you all volunteered to work on this item. While the latter part of the action item (e.g., engaging at ICANN65) is likely impractical at this point, you may still want to draft a message to send to ICANN org. As Keith noted, please work together and let staff know if you need any assistance.

Best,

Steve

From: council <council-bounces@gnso.icann.org> on behalf of "Drazek, Keith via council" <council@gnso.icann.org>
Reply-To: "Drazek, Keith" <kdrazek@verisign.com>
Date: Thursday, April 4, 2019 at 7:35 PM
To: "council@gnso.icann.org" <council@gnso.icann.org>
Cc: "gnso-secs@icann.org" <gnso-secs@icann.org>
Subject: [council] ICANN's Legislative/Regulatory Tracker -- Recommended Improvements

Ayden, Darcy, Erika, Flip, Michele, Phillipe and Tatiana:

During our GNSO Working Session in Kobe, the seven of you volunteered to help develop GNSO Council recommendations for improvements to ICANN’s current Legislative/Regulatory tracking effort.

As we discussed, ICANN’s work in this area is relatively new and still evolving, and we have an opportunity to engage with Theresa’s group to help shape their approach to ensure it is applicable to our policy work and process management responsibilities. While their work product is currently a spreadsheet, I recall we agreed it needs to go much deeper in analysis and demonstrate a predictive capability for where future or existing regulations impact GNSO policies, in effect now or under future development.

Please work together and with Staff to help kick off this important and timely work.

Thanks,

Keith