Dear all, Please find below the final proposed agenda for the GNSO Council Meeting taking place on Wednesday, 13 November 2024 at 10:15 UTC for 2 hours This has been posted on the agenda wiki page<https://community.icann.org/x/EYDyEg> for part 1 and agenda wiki page for part 2. Thank you. Kind regards, Terri Policy Team Supporting the GNSO Draft GNSO Council Agenda 13 November 2024 - Part I 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/ygAiFg 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 Istanbul, Türkiye 13:15 - 15:15 EEST: https://tinyurl.com/25kf4xs6 Coordinated Universal Time: 10:15 - 12:15 UTC 02:12 Los Angeles; 05:15 Washington DC; 10:15 London; 11:15 Paris; 13:15 Moscow; 21:15 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/2024/minutes/minutes-gnso-...> of the GNSO Council Meeting on 19 September 2024 were posted on 07 October 2024. Minutes<https://gnso.icann.org/sites/default/files/policy/2024/minutes/minutes-gnso-...> of the GNSO Council Meeting on 17 October 2024 were posted on 01 November 2024. Item 2: Opening Remarks / Review of Projects & Action List (0 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) * Motion to Defer the Rights Protection Mechanisms (RPMs) Policy Development Process (PDP) Phase 2 for an Additional Six Months * Motion to Adopt the Revised Charter for Permanent Standing Committee on Continuous Improvements (SCCI) Item 4: COUNCIL VOTE - Expedited Policy Development Process on Internationalized Domain Names (EPDP-IDNs) Phase 2 Final Report (15 minutes) In May 2021, the GNSO Council voted to initiate<https://gnso.icann.org/en/council/resolutions/2020-current#20210520-3> the EPDP-IDNs that was tasked to develop policy recommendations that will eventually allow for the introduction of variant gTLDs at the top-level and build on the existing body of policy work on the IDN subject, specifically the Outputs produced by the GNSO New gTLD Subsequent Procedures Policy Development Process (SubPro PDP). The Team’s focus was to fill the gaps not addressed by the SubPro PDP, including applying SubPro PDP Outputs to existing gTLDs and second-level variant domains. In November 2022, the Council approved an EPDP Team request<https://gnso.icann.org/en/council/resolutions/2020-current#20221117-2> to divide its work into two phases, with Phase 1 covering topics related to top-level gTLD definition and variant management and Phase 2 pertaining to second-level variant management. The two-phased approach was intended to allow the EPDP Team to focus on the charter questions that are most likely to impact the implementation of the Next Round of the new gTLDs and avoid potential delays. As a result, the EPDP Team submitted its Phase 1 Final Report<https://gnso.icann.org/sites/default/files/policy/2023/correspondence/epdp-i...> to the GNSO Council in November 2023. The Council approved the Final Report, including all sixty-nine (69) policy recommendations and implementation guidance, and the Board adopted a scorecard<https://www.icann.org/en/system/files/files/scorecard-idn-epdp-phase-1-recom...> on the Phase 1 Final Report on 8 June 2024, plus another scorecard<https://www.icann.org/en/system/files/files/scorecard-idn-epdp-phase-1-recom...> on 7 September 2024, leaving two (2) pending recommendations out of fifty-eight (58). The Phase 2 Final Report<https://gnso.icann.org/sites/default/files/policy/2024/draft/gnso-idn-epdp-p...> covers charter questions pertaining to second-level variant management on the following topics: * “Same entity” at the second-level and IDN Table harmonization * Adjustments in registry agreement, registry service, registry transition process, and other processes/procedures related to the domain name lifecycle * Adjustments in registration dispute-resolution procedures and trademark protection mechanisms * Process to update the IDN Implementation Guidelines During its October meeting, the Council received a comprehensive overview from Donna Austin, Chair of the EPDP-IDNs, on the Final Report and the policy recommendations. The Phase 2 recommendations and implementation guidance all received full consensus designations. Here, the Council will vote on the Phase 2 Final Report from the EPDP on IDNs. 4.1 - Introduction of Topic (Manju Chen, GNSO Council Liaison to EPDP-IDNs) 4.2 - Council Vote (threshold: supermajority) 4.3 - Next Steps Item 5: COUNCIL VOTE - Initiation of Policy Development Process for Latin Script Diacritics (15 minutes) On 16 May 2024, the GNSO Council passed a motion<https://gnso.icann.org/en/council/resolutions/2020-current#202405>, requesting ICANN’s Policy Support Staff to draft a Preliminary Issue Report on Latin Script Diacritics. The objective of the Preliminary Issue Report was for ICANN org to assess all relevant issues related to the GNSO Council request, and, following Community Input during the Public Comment phase, to recommend a course of action to the GNSO Council. The Final Issue Report is focused on the circumstance when an ASCII gTLD and the Latin script diacritic version of the gTLD are not variants of each other AND may be found to be visually similar to each other. The issue is theoretically possible for any existing ASCII or Latin script IDN gTLD pairs, and is essentially infinite for future applied-for ASCII or Latin script IDN gTLDs, where diacritics are involved. On 16 May 2024, the GNSO Council requested an Issue Report on this topic which once received, will aid in determining next steps. The Preliminary Issue Report opened for public comment on 18 July 2024 and closed with 41 submissions on 27 August 2024, a summary of which can be found in Annex B. The Final Issue Report<https://gnso.icann.org/sites/default/files/policy/2024/draft/final-issue-rep...> includes a draft charter <https://gnso.icann.org/sites/default/files/policy/2024/draft/final-issue-rep...> prepared by ICANN org supporting the GNSO Council. The Council may determine that edits are required before adopting the charter, in the event a PDP is initiated. Here, the Council will vote on the recommendation from the Final Issue Report to initiate a Policy Development Process on Latin Diacritics. 5.1 - Introduction of Topic (Greg DiBiase, GNSO Chair) 5.2 - Council Vote (threshold: an affirmative vote of more than one-third (1/3) of each House or more than two-thirds (2/3) of one House) 5.3 - Next Steps Item 6: COUNCIL DISCUSSION - Policy Status Report (PSR) on Rights Protection Mechanisms PDP Phase 2 (15 minutes) On 18 February 2016, the GNSO Council resolved<https://gnso.icann.org/en/council/resolutions/1999-2019#20160218-3> to initiate a two-phased PDP to review all existing Rights Protection Mechanisms (RPMs) in all gTLDs. The Phase 1 Final Report<https://gnso.icann.org/sites/default/files/file/field-file-attach/rpm-phase-...> issued by the PDP Working Group assessed the effectiveness of the relevant RPMs established as safeguards in the 2012 New gTLD Program, including the Trademark Post-Delegation Dispute Resolution Procedure (TM-PDDRP); Sunrise and Trademark Claims services offered through the Trademark Clearinghouse (TMCH); and the Uniform Rapid Suspension (URS) dispute resolution procedure. Phase 2, when launched, will focus on a review of the Uniform Domain-Name Dispute-Resolution Policy (UDRP), which has been an ICANN Consensus Policy since 1999. ICANN org published a Policy Status Report (PSR) on the UDRP<https://www.icann.org/en/announcements/details/icann-policy-status-report-un...> in March 2022. The Council considered the PSR and expressed some concerns, such as that the manner of presentation of some of the data was rather misleading or indeed, in some cases, incorrect. The Council agreed that it needed to further discuss those concerns prior to the Org engaging in any further work on the PSR. Here, the Council will discuss preparatory elements for RPMS Phase 2, including the Policy Status Report. 6.1 - Introduction of Topic (Greg DiBiase, GNSO Chair) 6.2 - Council Discussion 6.3 - Next Steps Item 7: COUNCIL DISCUSSION: Draft Charter on Latin Diacritics (20 minutes) Pursuant to item four on this Council agenda, the Final Issue Report includes a draft charter prepared by ICANN org supporting the GNSO Council. Some Councilors expressed concerns with the membership model suggested in the charter and requested additional time to review the details with their respective groups. Here, the Council will discuss if updates are needed to the draft charter <https://gnso.icann.org/sites/default/files/policy/2024/draft/final-issue-rep...> for the PDP on Latin Diacritics. 7.1 - Introduction of Topic (Greg DiBiase, GNSO Chair) 7.2 - Council Discussion 7.3 - Next Steps Item 8: COUNCIL UPDATE: Registration Data Request Service (RDRS) Standing Committee Update (20 minutes) In June 2023, the GNSO Council approved a Charter for the Registration Data Request Service Standing Committee, which outlines the Standing Committee’s tasks. Specifically, the Standing Committee is tasked to review the data that will be produced by ICANN org on a monthly basis following the launch of the RDRS (see data points outlined here). The Scoping Team is expected to analyze the data and consider: * Assignment #1. Trends that can be identified over a month-by-month period; * Assignment #2. Possible technical updates that should be considered to RDRS and/or related messaging and promotion (recognizing that the RDRS will only be running for a two-year period and limited resources may be available to implement such updates); * Assignment #3. Specific lessons learned that should be factored into the consideration of how to proceed with the SSAD recommendations; * Assignment #4. Suggestions to the Council for a proposed recommendation(s) to the ICANN Board in relation to the consideration of the SSAD recommendations. The Standing Committee has been reviewing monthly data since the inception of the RDRS in November 2023. Here, the Council will receive an update on the RDRS Standing Committee’s observations to date. 8.1 - Introduction of Topic (Sebastien Ducos, Chair of RDRS Standing Committee) 8.2 - Council Discussion 8.3 - Next Steps Item 9: 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 from the Liaison. 9.1 - Introduction of Topic (Jeff Neuman, GNSO Liaison to the GAC) 9.2 - Council Discussion 9.3 - Next Steps Item 10: Any Other Business (15 minutes) 10.1 - Update from GNSO Council Liaison to the Registration Data Policy Implementation Review Team 10.2 - Ethics Policy & Statements of Interest (SOIs) 10.3 - Review of Project Management Tools - Post-ICANN81 10.4 - Farewell to Outgoing Councilors 10.5 - Open Mic _______________________________ 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 10:15 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 (PST) UTC-8 02:15 San José, Costa Rica (CST) UTC-6 04:15 New York/Washington DC, USA (EST) UTC-5 05:15 Buenos Aires, Argentina (ART) UTC-3 07:15 Kinshasa, Democratic Republic of Congo (WAT) UTC+1 11:15 Paris, France (CET) UTC+1 11:15 Moscow, Russia (MSK) UTC+3 13:15 Singapore (SGT) UTC+8 18:15 Melbourne, Australia (AEDT) UTC+11 21:15 ---------------------------------------------------------------------------- For other places see http://www.timeanddate.com<http://www.timeanddate.com/> and https://tinyurl.com/25kf4xs6 ************** Draft GNSO Council Agenda 13 November 2024 - Part II (Admin) 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/ygAiFg 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 Istanbul, Türkiye 15:30-16:00 EEST: https://tinyurl.com/55n6wswb Coordinated Universal Time: 12:30-13:00 UTC 04:30 Los Angeles; 07:30 Washington DC; 12:30 London; 13:30 Paris; 15:30 Moscow; 23:30 Melbourne GNSO Council Meeting Remote Participation: posted 24 hours before meeting 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 2024-2025 Council (10 minutes) 1.1 - Roll Call 1.2 - Statements of Interest INCOMING COUNCILORS & LIAISONS: Samantha Demetriou: SOI<https://community.icann.org/x/eoIHAw> Registries Stakeholder Group (RySG) Hong-Fu Meng: SOI<https://community.icann.org/x/YoFXDg> Registrars Stakeholder Group (RrSG) Vivek Goyal: SOI<https://community.icann.org/x/D5sWBg> Commercial Stakeholder Group (CSG - BC) Farzaneh Badiei: SOI<https://community.icann.org/x/UhgnAw> Non-commercial Stakeholder Group (NCSG) Julf Helsingius: SOI <https://community.icann.org/x/-KlYAw> Non-commercial Stakeholder Group (NCSG) Sebastien Ducos: SOI<https://community.icann.org/x/5QBpBQ> GNSO Liaison to the Governmental Advisory Committee (GAC) Antonia Chu: SOI <https://community.icann.org/x/DYUzBw> ccNSO appointed Liaison to the GNSO Council 1.3 - Review / Amend Agenda Item 2. Election of the Chair (10 minutes) One nomination was received for this position from Gregory DiBiase of the Contracted Party House. Gregory circulated his candidate statement to the GNSO Council on 25 October 2024. Here the GNSO Council will proceed to hold the election for its Chair for 2024-2025, 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 2024-2025 (05 minutes) Non-Contracted Party House - TBD Contracted Party House - TBD Item 4. ANY OTHER BUSINESS (05 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. a. 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. b. 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. c. 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.” d. 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.” e. 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.