FW: [gnso-chairs] FW: [Ext] Update on Board review of clarifying statements.
Dear Council Colleagues, Please find below the communication Paul and I received from Becky and Avril yesterday and attached the redline prepared by Steve. As indicated by Becky, there are a number of points of then Clarifying Statements which the Board is asking us to hold on while they work on offering wording alternatives for us to review. As you know that Board was in recess until Monday, Becky sent apologies for the very late input. Steve’s edits reflect the request by setting Topics 30 and 31 and most of the Topic 9 Recommendations aside. For us to discuss later today. Kindly, Sebastien Ducos GoDaddy Registry | Senior Client Services Manager [signature_2093298213] +33612284445 France & Australia sebastien@registry.godaddy<mailto:sebastien@registry.godaddy> From: Gnso-chairs <gnso-chairs-bounces@icann.org> on behalf of Steve Chan via Gnso-chairs <gnso-chairs@icann.org> Date: Thursday, 24 August 2023 at 12:16 am To: gnso-chairs@icann.org <gnso-chairs@icann.org> Subject: Re: [gnso-chairs] FW: [Ext] Update on Board review of clarifying statements. Caution: This email is from an external sender. Please do not click links or open attachments unless you recognize the sender and know the content is safe. Forward suspicious emails to isitbad@. Dear Sebastian, John, and Greg, Assuming you agree with the approach (Greg, thanks for your comments so far), here is some proposed text to send to the Council, to try and prepare them for action during tomorrow’s meeting. Thanks, Steve Dear Councilors Colleagues, In respect of item 4 and the Council’s SubPro Clarifying Statement, I have some news to share and a proposed path forward. Council leadership and Paul received a note from Avri and Becky (co-leads of the Board SubPro caucus), informing us that the Board wishes to have a little more time to refine the language regarding the enforceability of PICs and RVCs (i.e., the majority of Topic 9 and by implication, Topics 30 and 31). From a leadership perspective, we believe that removing the text in the Clarifying Statement that relates to PICs and RVCs, and having the Council approve what remains, is a pragmatic path forward to allow progress on at least some of the recommendations. Once the Board reverts with suggested refinements to the PICs and RVCs language in the Clarifying Statement, separate Council action can be taken when appropriate. We believe the alternative approach is to delay any action on the Clarifying Statement until all of the language is ready for approval. While it is not ideal to break the Clarifying Statement into two parts, we believe incremental progress is preferred. To be clear, we are proposing that a revised Clarifying Statement (attached as a redlined document), that removes the topics related to PICs and RVCs, be approved by the Council’s meeting on 24 August. While time is allocated for discussion on this item, we do encourage you to voice any concerns you may have on the mailing list. Kindly, Sebastien From: Gnso-chairs <gnso-chairs-bounces@icann.org> on behalf of Steve Chan via Gnso-chairs <gnso-chairs@icann.org> Reply-To: Steve Chan <steve.chan@icann.org> Date: Wednesday, August 23, 2023 at 2:49 PM To: "gnso-chairs@icann.org" <gnso-chairs@icann.org> Subject: [gnso-chairs] FW: [Ext] Update on Board review of clarifying statements. FYI… From: Becky Burr <becky.burr@board.icann.org> Date: Wednesday, August 23, 2023 at 2:48 PM To: "Sebastien@registry.godaddy" <Sebastien@registry.godaddy> Cc: Paul McGrady <paul@elstermcgrady.com>, Steve Chan <steve.chan@icann.org>, Lars HOFFMANN <lars.hoffmann@icann.org>, Avri Doria <avri.doria@board.icann.org> Subject: [Ext] Update on Board review of clarifying statements. Sebastian Ducos, Chair GNSO Council Dear Seb, We wanted to let you know in advance of the Council meeting that the Board’s SubPro Caucus has reviewed the clarifying statements provided by the Council and we are comfortable that all but one of the clarifications address the Board’s concerns. We are still working on and need a little more time on the language regarding the enforceability of PICs and RVCs. The Board would like to propose a small tweak to the language to ensure that it is crystal clear. We will revert with this as soon as possible and apologize for the delay. Best, avri and Becky
Thanks Sebastien, dividing the Clarifying Statement would therefore seem to make sense. I think perhaps the "Whereas" section of the Motion should be slightly revised to reflect this. Whilst this might not be absolutely essential, it would provide greater clarity for the record. I would therefore like to propose a friendly amendment as follows (see mark-up): Whereas, 1. The GNSO Council adopted<https://gnso.icann.org/en/council/resolutions/2020-current#202102> the Final Report<https://gnso.icann.org/sites/default/files/file/field-file-attach/final-report-newgtld-subsequent-procedures-pdp-02feb21-en.pdf> of the New gTLD Subsequent Procedures (SubPro) PDP on 18 February 2021. 2. On 16 March 2023, the ICANN Board adopted the majority of the SubPro Outputs, as identified in Section A of the Scorecard<https://www.icann.org/en/system/files/files/scorecard-subpro-pdp-board-action-16mar23-en.pdf>, while designating a select set of recommendations as pending, identified in Section B<https://www.icann.org/en/system/files/files/scorecard-subpro-pdp-board-action-16mar23-en.pdf> of the Scorecard. 3. The GNSO Council established a small team to carefully review the pending SubPro recommendations and identify the best path forward to seek to resolve the issues that were preventing Board adoption of the pending recommendations. 4. The GNSO Council's small team benefited greatly from the open and frank dialogue with the co-leads of the Board's Caucus on SubPro. 5. On 22 May 2023, the GNSO Council and ICANN Board discussed the expectation that for certain pending recommendations, a Clarifying Statement from the Council may be sufficient to mitigate the concerns preventing adoption of some of the pending recommendations. 6. At ICANN77, the GNSO Council and ICANN Board reached agreement on the specific set of pending recommendations that may be resolved via a Clarifying Statement from the Council. 7. The GNSO Council's small team developed a draft Clarifying Statement<https://gnso.icann.org/sites/default/files/policy/2023/draft/draft-sub-pro-pending-recommendations-10jul23-en.pdf> that was discussed with the Council during its July meeting and was subsequently shared with the ICANN Board for their consideration of whether the Clarifying Statement does indeed address the Board's concerns. 8. The GNSO Council's small team took into account the feedback from the ICANN Board and finalized the Council's Clarifying Statement<https://gnso.icann.org/sites/default/files/policy/2023/draft/draft-sub-pro-pending-recommendations-10jul23-en.pdf> [will need the new link] by removing the text in the Clarifying Statement relating to the enforceability of PICs and RVCs and holding this over, pending further feedback from the ICANN Board. 9. The Clarifying Statement should be read as complementary to the relevant pending recommendation(s) and should be considered jointly with the recommendations for the purposes of implementation. Resolved, 1. The GNSO Council approves the Clarifying Statement<https://gnso.icann.org/sites/default/files/policy/2023/draft/draft-sub-pro-pending-recommendations-10jul23-en.pdf> regarding select pending SubPro recommendations and stresses that the statement should be read as complementary to the relevant pending recommendation(s) and should be considered jointly with the recommendations for the purposes of implementation. 2. The GNSO Council requests that the GNSO Secretariat communicate resolved #1 to the ICANN Board and provide the Board with the Clarifying Statement. 3. The GNSO Council extends its thanks to the ICANN Board for its collegial, constructive, and pragmatic approach to addressing select pending recommendations and in particular, extends thanks to the co-leads of the Board's Caucus on SubPro, Avri Doria and Becky Burr. Susan Payne Head of Legal Policy Com Laude T +44 (0) 20 7421 8250 Ext 255 [cid:image002.png@01D9D688.97828530]<https://comlaude.com/> Follow us on Linkedin<https://t-uk.xink.io/Tracking/Index/pRkAAGVfAADw_RQA0> and YouTube<https://t-uk.xink.io/Tracking/Index/bhkAAGVfAADw_RQA0> From: council <council-bounces@gnso.icann.org> On Behalf Of Sebastien--- via council Sent: Thursday, August 24, 2023 11:53 AM To: COUNCIL@GNSO.ICANN.ORG; GNSO-Chairs <gnso-chairs@icann.org>; gnso-secs@icann.org Subject: [council] FW: [gnso-chairs] FW: [Ext] Update on Board review of clarifying statements. Dear Council Colleagues, Please find below the communication Paul and I received from Becky and Avril yesterday and attached the redline prepared by Steve. As indicated by Becky, there are a number of points of then Clarifying Statements which the Board is asking us to hold on while they work on offering wording alternatives for us to review. As you know that Board was in recess until Monday, Becky sent apologies for the very late input. Steve's edits reflect the request by setting Topics 30 and 31 and most of the Topic 9 Recommendations aside. For us to discuss later today. Kindly, Sebastien Ducos GoDaddy Registry | Senior Client Services Manager [signature_2093298213] +33612284445 France & Australia sebastien@registry.godaddy<mailto:sebastien@registry.godaddy> From: Gnso-chairs <gnso-chairs-bounces@icann.org<mailto:gnso-chairs-bounces@icann.org>> on behalf of Steve Chan via Gnso-chairs <gnso-chairs@icann.org<mailto:gnso-chairs@icann.org>> Date: Thursday, 24 August 2023 at 12:16 am To: gnso-chairs@icann.org<mailto:gnso-chairs@icann.org> <gnso-chairs@icann.org<mailto:gnso-chairs@icann.org>> Subject: Re: [gnso-chairs] FW: [Ext] Update on Board review of clarifying statements. Caution: This email is from an external sender. Please do not click links or open attachments unless you recognize the sender and know the content is safe. Forward suspicious emails to isitbad@. Dear Sebastian, John, and Greg, Assuming you agree with the approach (Greg, thanks for your comments so far), here is some proposed text to send to the Council, to try and prepare them for action during tomorrow's meeting. Thanks, Steve Dear Councilors Colleagues, In respect of item 4 and the Council's SubPro Clarifying Statement, I have some news to share and a proposed path forward. Council leadership and Paul received a note from Avri and Becky (co-leads of the Board SubPro caucus), informing us that the Board wishes to have a little more time to refine the language regarding the enforceability of PICs and RVCs (i.e., the majority of Topic 9 and by implication, Topics 30 and 31). From a leadership perspective, we believe that removing the text in the Clarifying Statement that relates to PICs and RVCs, and having the Council approve what remains, is a pragmatic path forward to allow progress on at least some of the recommendations. Once the Board reverts with suggested refinements to the PICs and RVCs language in the Clarifying Statement, separate Council action can be taken when appropriate. We believe the alternative approach is to delay any action on the Clarifying Statement until all of the language is ready for approval. While it is not ideal to break the Clarifying Statement into two parts, we believe incremental progress is preferred. To be clear, we are proposing that a revised Clarifying Statement (attached as a redlined document), that removes the topics related to PICs and RVCs, be approved by the Council's meeting on 24 August. While time is allocated for discussion on this item, we do encourage you to voice any concerns you may have on the mailing list. Kindly, Sebastien From: Gnso-chairs <gnso-chairs-bounces@icann.org<mailto:gnso-chairs-bounces@icann.org>> on behalf of Steve Chan via Gnso-chairs <gnso-chairs@icann.org<mailto:gnso-chairs@icann.org>> Reply-To: Steve Chan <steve.chan@icann.org<mailto:steve.chan@icann.org>> Date: Wednesday, August 23, 2023 at 2:49 PM To: "gnso-chairs@icann.org<mailto:gnso-chairs@icann.org>" <gnso-chairs@icann.org<mailto:gnso-chairs@icann.org>> Subject: [gnso-chairs] FW: [Ext] Update on Board review of clarifying statements. FYI... From: Becky Burr <becky.burr@board.icann.org<mailto:becky.burr@board.icann.org>> Date: Wednesday, August 23, 2023 at 2:48 PM To: "Sebastien@registry.godaddy<mailto:Sebastien@registry.godaddy>" <Sebastien@registry.godaddy<mailto:Sebastien@registry.godaddy>> Cc: Paul McGrady <paul@elstermcgrady.com<mailto:paul@elstermcgrady.com>>, Steve Chan <steve.chan@icann.org<mailto:steve.chan@icann.org>>, Lars HOFFMANN <lars.hoffmann@icann.org<mailto:lars.hoffmann@icann.org>>, Avri Doria <avri.doria@board.icann.org<mailto:avri.doria@board.icann.org>> Subject: [Ext] Update on Board review of clarifying statements. Sebastian Ducos, Chair GNSO Council Dear Seb, We wanted to let you know in advance of the Council meeting that the Board's SubPro Caucus has reviewed the clarifying statements provided by the Council and we are comfortable that all but one of the clarifications address the Board's concerns. We are still working on and need a little more time on the language regarding the enforceability of PICs and RVCs. The Board would like to propose a small tweak to the language to ensure that it is crystal clear. We will revert with this as soon as possible and apologize for the delay. Best, avri and Becky ________________________________ The contents of this email and any attachments are confidential to the intended recipient. They may not be disclosed, used by or copied in any way by anyone other than the intended recipient. If you have received this message in error, please return it to the sender (deleting the body of the email and attachments in your reply) and immediately and permanently delete it. Please note that Com Laude Group Limited (the "Com Laude Group") does not accept any responsibility for viruses and it is your responsibility to scan or otherwise check this email and any attachments. The Com Laude Group does not accept liability for statements which are clearly the sender's own and not made on behalf of the group or one of its member entities. The Com Laude Group is a limited company registered in England and Wales with company number 10689074 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England. The Com Laude Group includes Nom-IQ Limited t/a Com Laude, a company registered in England and Wales with company number 5047655 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England; Valideus Limited, a company registered in England and Wales with company number 6181291 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England; Demys Limited, a company registered in Scotland with company number SC197176 and registered office at 15 William Street, South West Lane, Edinburgh, EH3 7LL Scotland; Consonum, Inc. dba Com Laude USA and Valideus USA, a corporation incorporated in the State of Washington and principal office address at Suite 332, Securities Building, 1904 Third Ave, Seattle, WA 98101; Com Laude (Japan) Corporation, a company registered in Japan with company number 0100-01-190853 and registered office at 1-3-21 Shinkawa, Chuo-ku, Tokyo, 104-0033, Japan; Com Laude Domain ESP S.L.U., a company registered in Spain and registered office address at Calle Barcas 2, 2, Valencia, 46002, Spain. For further information see www.comlaude.com<https://comlaude.com>
+1 Susan Kind regards, Justine On Thu, 24 Aug 2023 at 19:46, Susan Payne via council < council@gnso.icann.org> wrote:
Thanks Sebastien, dividing the Clarifying Statement would therefore seem to make sense. I think perhaps the “Whereas” section of the Motion should be slightly revised to reflect this. Whilst this might not be absolutely essential, it would provide greater clarity for the record. I would therefore like to propose a friendly amendment as follows (see mark-up):
Whereas,
1. The GNSO Council adopted <https://gnso.icann.org/en/council/resolutions/2020-current#202102> the Final Report <https://gnso.icann.org/sites/default/files/file/field-file-attach/final-report-newgtld-subsequent-procedures-pdp-02feb21-en.pdf> of the New gTLD Subsequent Procedures (SubPro) PDP on 18 February 2021. 2. On 16 March 2023, the ICANN Board adopted the majority of the SubPro Outputs, as identified in Section A of the Scorecard <https://www.icann.org/en/system/files/files/scorecard-subpro-pdp-board-action-16mar23-en.pdf>, while designating a select set of recommendations as pending, identified in Section B <https://www.icann.org/en/system/files/files/scorecard-subpro-pdp-board-action-16mar23-en.pdf> of the Scorecard. 3. The GNSO Council established a small team to carefully review the pending SubPro recommendations and identify the best path forward to seek to resolve the issues that were preventing Board adoption of the pending recommendations. 4. The GNSO Council’s small team benefited greatly from the open and frank dialogue with the co-leads of the Board’s Caucus on SubPro. 5. On 22 May 2023, the GNSO Council and ICANN Board discussed the expectation that for certain pending recommendations, a Clarifying Statement from the Council may be sufficient to mitigate the concerns preventing adoption of some of the pending recommendations. 6. At ICANN77, the GNSO Council and ICANN Board reached agreement on the specific set of pending recommendations that may be resolved via a Clarifying Statement from the Council. 7. The GNSO Council’s small team developed a draft Clarifying Statement <https://gnso.icann.org/sites/default/files/policy/2023/draft/draft-sub-pro-pending-recommendations-10jul23-en.pdf> that was discussed with the Council during its July meeting and was subsequently shared with the ICANN Board for their consideration of whether the Clarifying Statement does indeed address the Board’s concerns. 8. The GNSO Council’s small team took into account the feedback from the ICANN Board and finalized the Council’s Clarifying Statement <https://gnso.icann.org/sites/default/files/policy/2023/draft/draft-sub-pro-pending-recommendations-10jul23-en.pdf> [will need the new link] *by **removing the text in the Clarifying Statement relating to the enforceability of PICs and RVCs and holding this over, pending further feedback from the ICANN Board.* 9. The Clarifying Statement should be read as complementary to the relevant pending recommendation(s) and should be considered jointly with the recommendations for the purposes of implementation.
Resolved,
1. The GNSO Council approves the Clarifying Statement <https://gnso.icann.org/sites/default/files/policy/2023/draft/draft-sub-pro-pending-recommendations-10jul23-en.pdf> regarding select pending SubPro recommendations and stresses that the statement should be read as complementary to the relevant pending recommendation(s) and should be considered jointly with the recommendations for the purposes of implementation. 2. The GNSO Council requests that the GNSO Secretariat communicate resolved #1 to the ICANN Board and provide the Board with the Clarifying Statement. 3. The GNSO Council extends its thanks to the ICANN Board for its collegial, constructive, and pragmatic approach to addressing select pending recommendations and in particular, extends thanks to the co-leads of the Board’s Caucus on SubPro, Avri Doria and Becky Burr.
Susan Payne Head of Legal Policy Com Laude *T* +44 (0) 20 7421 8250 *Ext* 255
*Follow us on Linkedin <https://t-uk.xink.io/Tracking/Index/pRkAAGVfAADw_RQA0> and YouTube <https://t-uk.xink.io/Tracking/Index/bhkAAGVfAADw_RQA0>*
*From:* council <council-bounces@gnso.icann.org> *On Behalf Of *Sebastien--- via council *Sent:* Thursday, August 24, 2023 11:53 AM *To:* COUNCIL@GNSO.ICANN.ORG; GNSO-Chairs <gnso-chairs@icann.org>; gnso-secs@icann.org *Subject:* [council] FW: [gnso-chairs] FW: [Ext] Update on Board review of clarifying statements.
Dear Council Colleagues,
Please find below the communication Paul and I received from Becky and Avril yesterday and attached the redline prepared by Steve.
As indicated by Becky, there are a number of points of then Clarifying Statements which the Board is asking us to hold on while they work on offering wording alternatives for us to review. As you know that Board was in recess until Monday, Becky sent apologies for the very late input.
Steve’s edits reflect the request by setting Topics 30 and 31 and most of the Topic 9 Recommendations aside.
For us to discuss later today.
Kindly,
*Sebastien Ducos*
GoDaddy Registry | Senior Client Services Manager
[image: signature_2093298213]
+33612284445
France & Australia
sebastien@registry.godaddy
*From: *Gnso-chairs <gnso-chairs-bounces@icann.org> on behalf of Steve Chan via Gnso-chairs <gnso-chairs@icann.org> *Date: *Thursday, 24 August 2023 at 12:16 am *To: *gnso-chairs@icann.org <gnso-chairs@icann.org> *Subject: *Re: [gnso-chairs] FW: [Ext] Update on Board review of clarifying statements.
Caution: This email is from an external sender. Please do not click links or open attachments unless you recognize the sender and know the content is safe. Forward suspicious emails to isitbad@.
Dear Sebastian, John, and Greg,
Assuming you agree with the approach (Greg, thanks for your comments so far), here is some proposed text to send to the Council, to try and prepare them for action during tomorrow’s meeting.
Thanks,
Steve
Dear Councilors Colleagues,
In respect of item 4 and the Council’s SubPro Clarifying Statement, I have some news to share and a proposed path forward. Council leadership and Paul received a note from Avri and Becky (co-leads of the Board SubPro caucus), informing us that the Board wishes to have a little more time to refine the language regarding the enforceability of PICs and RVCs (i.e., the majority of Topic 9 and by implication, Topics 30 and 31). From a leadership perspective, we believe that removing the text in the Clarifying Statement that relates to PICs and RVCs, and having the Council approve what remains, is a pragmatic path forward to allow progress on at least some of the recommendations. Once the Board reverts with suggested refinements to the PICs and RVCs language in the Clarifying Statement, separate Council action can be taken when appropriate. We believe the alternative approach is to delay any action on the Clarifying Statement until all of the language is ready for approval.
While it is not ideal to break the Clarifying Statement into two parts, we believe incremental progress is preferred. To be clear, we are proposing that a revised Clarifying Statement (attached as a redlined document), that removes the topics related to PICs and RVCs, be approved by the Council’s meeting on 24 August. While time is allocated for discussion on this item, we do encourage you to voice any concerns you may have on the mailing list.
Kindly,
Sebastien
*From: *Gnso-chairs <gnso-chairs-bounces@icann.org> on behalf of Steve Chan via Gnso-chairs <gnso-chairs@icann.org> *Reply-To: *Steve Chan <steve.chan@icann.org> *Date: *Wednesday, August 23, 2023 at 2:49 PM *To: *"gnso-chairs@icann.org" <gnso-chairs@icann.org> *Subject: *[gnso-chairs] FW: [Ext] Update on Board review of clarifying statements.
FYI…
*From: *Becky Burr <becky.burr@board.icann.org> *Date: *Wednesday, August 23, 2023 at 2:48 PM *To: *"Sebastien@registry.godaddy" <Sebastien@registry.godaddy> *Cc: *Paul McGrady <paul@elstermcgrady.com>, Steve Chan < steve.chan@icann.org>, Lars HOFFMANN <lars.hoffmann@icann.org>, Avri Doria <avri.doria@board.icann.org> *Subject: *[Ext] Update on Board review of clarifying statements.
Sebastian Ducos, Chair
GNSO Council
Dear Seb,
We wanted to let you know in advance of the Council meeting that the Board’s SubPro Caucus has reviewed the clarifying statements provided by the Council and we are comfortable that all but one of the clarifications address the Board’s concerns. We are still working on and need a little more time on the language regarding the enforceability of PICs and RVCs. The Board would like to propose a small tweak to the language to ensure that it is crystal clear. We will revert with this as soon as possible and apologize for the delay.
Best,
avri and Becky ------------------------------ The contents of this email and any attachments are confidential to the intended recipient. They may not be disclosed, used by or copied in any way by anyone other than the intended recipient. If you have received this message in error, please return it to the sender (deleting the body of the email and attachments in your reply) and immediately and permanently delete it. Please note that Com Laude Group Limited (the “Com Laude Group”) does not accept any responsibility for viruses and it is your responsibility to scan or otherwise check this email and any attachments. The Com Laude Group does not accept liability for statements which are clearly the sender's own and not made on behalf of the group or one of its member entities. The Com Laude Group is a limited company registered in England and Wales with company number 10689074 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England. The Com Laude Group includes Nom-IQ Limited t/a Com Laude, a company registered in England and Wales with company number 5047655 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England; Valideus Limited, a company registered in England and Wales with company number 6181291 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England; Demys Limited, a company registered in Scotland with company number SC197176 and registered office at 15 William Street, South West Lane, Edinburgh, EH3 7LL Scotland; Consonum, Inc. dba Com Laude USA and Valideus USA, a corporation incorporated in the State of Washington and principal office address at Suite 332, Securities Building, 1904 Third Ave, Seattle, WA 98101; Com Laude (Japan) Corporation, a company registered in Japan with company number 0100-01-190853 and registered office at 1-3-21 Shinkawa, Chuo-ku, Tokyo, 104-0033, Japan; Com Laude Domain ESP S.L.U., a company registered in Spain and registered office address at Calle Barcas 2, 2, Valencia, 46002, Spain. For further information see www.comlaude.com <https://comlaude.com> _______________________________________________ council mailing list council@gnso.icann.org https://mm.icann.org/mailman/listinfo/council
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Thank you both. I’ll make sure that Paul, who will lead the topic, will take it into consideration. Kindly, Sebastien Ducos GoDaddy Registry | Senior Client Services Manager [signature_2004779075] +33612284445 France & Australia sebastien@registry.godaddy<mailto:sebastien@registry.godaddy> From: council <council-bounces@gnso.icann.org> on behalf of Justine Chew via council <council@gnso.icann.org> Date: Thursday, 24 August 2023 at 2:30 pm To: Susan Payne <susan.payne@comlaude.com> Cc: gnso-secs@icann.org <gnso-secs@icann.org>, COUNCIL@GNSO.ICANN.ORG <council@gnso.icann.org> Subject: Re: [council] [gnso-chairs] FW: [Ext] Update on Board review of clarifying statements. Caution: This email is from an external sender. Please do not click links or open attachments unless you recognize the sender and know the content is safe. Forward suspicious emails to isitbad@. +1 Susan Kind regards, Justine On Thu, 24 Aug 2023 at 19:46, Susan Payne via council <council@gnso.icann.org<mailto:council@gnso.icann.org>> wrote: Thanks Sebastien, dividing the Clarifying Statement would therefore seem to make sense. I think perhaps the “Whereas” section of the Motion should be slightly revised to reflect this. Whilst this might not be absolutely essential, it would provide greater clarity for the record. I would therefore like to propose a friendly amendment as follows (see mark-up): Whereas, 1. The GNSO Council adopted<https://gnso.icann.org/en/council/resolutions/2020-current#202102> the Final Report<https://gnso.icann.org/sites/default/files/file/field-file-attach/final-report-newgtld-subsequent-procedures-pdp-02feb21-en.pdf> of the New gTLD Subsequent Procedures (SubPro) PDP on 18 February 2021. 2. On 16 March 2023, the ICANN Board adopted the majority of the SubPro Outputs, as identified in Section A of the Scorecard<https://www.icann.org/en/system/files/files/scorecard-subpro-pdp-board-action-16mar23-en.pdf>, while designating a select set of recommendations as pending, identified in Section B<https://www.icann.org/en/system/files/files/scorecard-subpro-pdp-board-action-16mar23-en.pdf> of the Scorecard. 3. The GNSO Council established a small team to carefully review the pending SubPro recommendations and identify the best path forward to seek to resolve the issues that were preventing Board adoption of the pending recommendations. 4. The GNSO Council’s small team benefited greatly from the open and frank dialogue with the co-leads of the Board’s Caucus on SubPro. 5. On 22 May 2023, the GNSO Council and ICANN Board discussed the expectation that for certain pending recommendations, a Clarifying Statement from the Council may be sufficient to mitigate the concerns preventing adoption of some of the pending recommendations. 6. At ICANN77, the GNSO Council and ICANN Board reached agreement on the specific set of pending recommendations that may be resolved via a Clarifying Statement from the Council. 7. The GNSO Council’s small team developed a draft Clarifying Statement<https://gnso.icann.org/sites/default/files/policy/2023/draft/draft-sub-pro-pending-recommendations-10jul23-en.pdf> that was discussed with the Council during its July meeting and was subsequently shared with the ICANN Board for their consideration of whether the Clarifying Statement does indeed address the Board’s concerns. 8. The GNSO Council’s small team took into account the feedback from the ICANN Board and finalized the Council’s Clarifying Statement<https://gnso.icann.org/sites/default/files/policy/2023/draft/draft-sub-pro-pending-recommendations-10jul23-en.pdf> [will need the new link] by removing the text in the Clarifying Statement relating to the enforceability of PICs and RVCs and holding this over, pending further feedback from the ICANN Board. 9. The Clarifying Statement should be read as complementary to the relevant pending recommendation(s) and should be considered jointly with the recommendations for the purposes of implementation. Resolved, 1. The GNSO Council approves the Clarifying Statement<https://gnso.icann.org/sites/default/files/policy/2023/draft/draft-sub-pro-pending-recommendations-10jul23-en.pdf> regarding select pending SubPro recommendations and stresses that the statement should be read as complementary to the relevant pending recommendation(s) and should be considered jointly with the recommendations for the purposes of implementation. 2. The GNSO Council requests that the GNSO Secretariat communicate resolved #1 to the ICANN Board and provide the Board with the Clarifying Statement. 3. The GNSO Council extends its thanks to the ICANN Board for its collegial, constructive, and pragmatic approach to addressing select pending recommendations and in particular, extends thanks to the co-leads of the Board’s Caucus on SubPro, Avri Doria and Becky Burr. Susan Payne Head of Legal Policy Com Laude T +44 (0) 20 7421 8250 Ext 255 [cid:18a2784dbb65b16b21]<https://comlaude.com/> Follow us on Linkedin<https://t-uk.xink.io/Tracking/Index/pRkAAGVfAADw_RQA0> and YouTube<https://t-uk.xink.io/Tracking/Index/bhkAAGVfAADw_RQA0> From: council <council-bounces@gnso.icann.org<mailto:council-bounces@gnso.icann.org>> On Behalf Of Sebastien--- via council Sent: Thursday, August 24, 2023 11:53 AM To: COUNCIL@GNSO.ICANN.ORG<mailto:COUNCIL@GNSO.ICANN.ORG>; GNSO-Chairs <gnso-chairs@icann.org<mailto:gnso-chairs@icann.org>>; gnso-secs@icann.org<mailto:gnso-secs@icann.org> Subject: [council] FW: [gnso-chairs] FW: [Ext] Update on Board review of clarifying statements. Dear Council Colleagues, Please find below the communication Paul and I received from Becky and Avril yesterday and attached the redline prepared by Steve. As indicated by Becky, there are a number of points of then Clarifying Statements which the Board is asking us to hold on while they work on offering wording alternatives for us to review. As you know that Board was in recess until Monday, Becky sent apologies for the very late input. Steve’s edits reflect the request by setting Topics 30 and 31 and most of the Topic 9 Recommendations aside. For us to discuss later today. Kindly, Sebastien Ducos GoDaddy Registry | Senior Client Services Manager [signature_2093298213] +33612284445 France & Australia sebastien@registry.godaddy<mailto:sebastien@registry.godaddy> From: Gnso-chairs <gnso-chairs-bounces@icann.org<mailto:gnso-chairs-bounces@icann.org>> on behalf of Steve Chan via Gnso-chairs <gnso-chairs@icann.org<mailto:gnso-chairs@icann.org>> Date: Thursday, 24 August 2023 at 12:16 am To: gnso-chairs@icann.org<mailto:gnso-chairs@icann.org> <gnso-chairs@icann.org<mailto:gnso-chairs@icann.org>> Subject: Re: [gnso-chairs] FW: [Ext] Update on Board review of clarifying statements. Caution: This email is from an external sender. Please do not click links or open attachments unless you recognize the sender and know the content is safe. Forward suspicious emails to isitbad@. Dear Sebastian, John, and Greg, Assuming you agree with the approach (Greg, thanks for your comments so far), here is some proposed text to send to the Council, to try and prepare them for action during tomorrow’s meeting. Thanks, Steve Dear Councilors Colleagues, In respect of item 4 and the Council’s SubPro Clarifying Statement, I have some news to share and a proposed path forward. Council leadership and Paul received a note from Avri and Becky (co-leads of the Board SubPro caucus), informing us that the Board wishes to have a little more time to refine the language regarding the enforceability of PICs and RVCs (i.e., the majority of Topic 9 and by implication, Topics 30 and 31). From a leadership perspective, we believe that removing the text in the Clarifying Statement that relates to PICs and RVCs, and having the Council approve what remains, is a pragmatic path forward to allow progress on at least some of the recommendations. Once the Board reverts with suggested refinements to the PICs and RVCs language in the Clarifying Statement, separate Council action can be taken when appropriate. We believe the alternative approach is to delay any action on the Clarifying Statement until all of the language is ready for approval. While it is not ideal to break the Clarifying Statement into two parts, we believe incremental progress is preferred. To be clear, we are proposing that a revised Clarifying Statement (attached as a redlined document), that removes the topics related to PICs and RVCs, be approved by the Council’s meeting on 24 August. While time is allocated for discussion on this item, we do encourage you to voice any concerns you may have on the mailing list. Kindly, Sebastien From: Gnso-chairs <gnso-chairs-bounces@icann.org<mailto:gnso-chairs-bounces@icann.org>> on behalf of Steve Chan via Gnso-chairs <gnso-chairs@icann.org<mailto:gnso-chairs@icann.org>> Reply-To: Steve Chan <steve.chan@icann.org<mailto:steve.chan@icann.org>> Date: Wednesday, August 23, 2023 at 2:49 PM To: "gnso-chairs@icann.org<mailto:gnso-chairs@icann.org>" <gnso-chairs@icann.org<mailto:gnso-chairs@icann.org>> Subject: [gnso-chairs] FW: [Ext] Update on Board review of clarifying statements. FYI… From: Becky Burr <becky.burr@board.icann.org<mailto:becky.burr@board.icann.org>> Date: Wednesday, August 23, 2023 at 2:48 PM To: "Sebastien@registry.godaddy<mailto:Sebastien@registry.godaddy>" <Sebastien@registry.godaddy<mailto:Sebastien@registry.godaddy>> Cc: Paul McGrady <paul@elstermcgrady.com<mailto:paul@elstermcgrady.com>>, Steve Chan <steve.chan@icann.org<mailto:steve.chan@icann.org>>, Lars HOFFMANN <lars.hoffmann@icann.org<mailto:lars.hoffmann@icann.org>>, Avri Doria <avri.doria@board.icann.org<mailto:avri.doria@board.icann.org>> Subject: [Ext] Update on Board review of clarifying statements. Sebastian Ducos, Chair GNSO Council Dear Seb, We wanted to let you know in advance of the Council meeting that the Board’s SubPro Caucus has reviewed the clarifying statements provided by the Council and we are comfortable that all but one of the clarifications address the Board’s concerns. We are still working on and need a little more time on the language regarding the enforceability of PICs and RVCs. The Board would like to propose a small tweak to the language to ensure that it is crystal clear. We will revert with this as soon as possible and apologize for the delay. Best, avri and Becky ________________________________ The contents of this email and any attachments are confidential to the intended recipient. They may not be disclosed, used by or copied in any way by anyone other than the intended recipient. If you have received this message in error, please return it to the sender (deleting the body of the email and attachments in your reply) and immediately and permanently delete it. Please note that Com Laude Group Limited (the “Com Laude Group”) does not accept any responsibility for viruses and it is your responsibility to scan or otherwise check this email and any attachments. The Com Laude Group does not accept liability for statements which are clearly the sender's own and not made on behalf of the group or one of its member entities. The Com Laude Group is a limited company registered in England and Wales with company number 10689074 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England. The Com Laude Group includes Nom-IQ Limited t/a Com Laude, a company registered in England and Wales with company number 5047655 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England; Valideus Limited, a company registered in England and Wales with company number 6181291 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England; Demys Limited, a company registered in Scotland with company number SC197176 and registered office at 15 William Street, South West Lane, Edinburgh, EH3 7LL Scotland; Consonum, Inc. dba Com Laude USA and Valideus USA, a corporation incorporated in the State of Washington and principal office address at Suite 332, Securities Building, 1904 Third Ave, Seattle, WA 98101; Com Laude (Japan) Corporation, a company registered in Japan with company number 0100-01-190853 and registered office at 1-3-21 Shinkawa, Chuo-ku, Tokyo, 104-0033, Japan; Com Laude Domain ESP S.L.U., a company registered in Spain and registered office address at Calle Barcas 2, 2, Valencia, 46002, Spain. For further information see www.comlaude.com<https://comlaude.com/> _______________________________________________ council mailing list council@gnso.icann.org<mailto:council@gnso.icann.org> https://mm.icann.org/mailman/listinfo/council _______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and the website Terms of Service (https://www.icann.org/privacy/tos). You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on.
HI all - just now seeing this as I was traveling all day yesterday. Please note in Item 8 (along with Susan's modification) that we should delete the reference to the small team taking the Board feedback into account. For whatever reason, the small team was never asked to review or deliberate on the the Board feedback on the Clarifying Statement. Thank you, Anne Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2024 anneicanngnso@gmail.com On Thu, Aug 24, 2023 at 5:53 AM Sebastien--- via council < council@gnso.icann.org> wrote:
Thank you both.
I’ll make sure that Paul, who will lead the topic, will take it into consideration.
Kindly,
*Sebastien Ducos*
GoDaddy Registry | Senior Client Services Manager
[image: signature_2004779075]
+33612284445
France & Australia
sebastien@registry.godaddy
*From: *council <council-bounces@gnso.icann.org> on behalf of Justine Chew via council <council@gnso.icann.org> *Date: *Thursday, 24 August 2023 at 2:30 pm *To: *Susan Payne <susan.payne@comlaude.com> *Cc: *gnso-secs@icann.org <gnso-secs@icann.org>, COUNCIL@GNSO.ICANN.ORG < council@gnso.icann.org> *Subject: *Re: [council] [gnso-chairs] FW: [Ext] Update on Board review of clarifying statements.
Caution: This email is from an external sender. Please do not click links or open attachments unless you recognize the sender and know the content is safe. Forward suspicious emails to isitbad@.
+1 Susan
Kind regards, Justine
On Thu, 24 Aug 2023 at 19:46, Susan Payne via council < council@gnso.icann.org> wrote:
Thanks Sebastien, dividing the Clarifying Statement would therefore seem to make sense. I think perhaps the “Whereas” section of the Motion should be slightly revised to reflect this. Whilst this might not be absolutely essential, it would provide greater clarity for the record. I would therefore like to propose a friendly amendment as follows (see mark-up):
Whereas,
1. The GNSO Council adopted <https://gnso.icann.org/en/council/resolutions/2020-current#202102> the Final Report <https://gnso.icann.org/sites/default/files/file/field-file-attach/final-report-newgtld-subsequent-procedures-pdp-02feb21-en.pdf> of the New gTLD Subsequent Procedures (SubPro) PDP on 18 February 2021. 2. On 16 March 2023, the ICANN Board adopted the majority of the SubPro Outputs, as identified in Section A of the Scorecard <https://www.icann.org/en/system/files/files/scorecard-subpro-pdp-board-action-16mar23-en.pdf>, while designating a select set of recommendations as pending, identified in Section B <https://www.icann.org/en/system/files/files/scorecard-subpro-pdp-board-action-16mar23-en.pdf> of the Scorecard. 3. The GNSO Council established a small team to carefully review the pending SubPro recommendations and identify the best path forward to seek to resolve the issues that were preventing Board adoption of the pending recommendations. 4. The GNSO Council’s small team benefited greatly from the open and frank dialogue with the co-leads of the Board’s Caucus on SubPro. 5. On 22 May 2023, the GNSO Council and ICANN Board discussed the expectation that for certain pending recommendations, a Clarifying Statement from the Council may be sufficient to mitigate the concerns preventing adoption of some of the pending recommendations. 6. At ICANN77, the GNSO Council and ICANN Board reached agreement on the specific set of pending recommendations that may be resolved via a Clarifying Statement from the Council. 7. The GNSO Council’s small team developed a draft Clarifying Statement <https://gnso.icann.org/sites/default/files/policy/2023/draft/draft-sub-pro-pending-recommendations-10jul23-en.pdf> that was discussed with the Council during its July meeting and was subsequently shared with the ICANN Board for their consideration of whether the Clarifying Statement does indeed address the Board’s concerns. 8. The GNSO Council’s small team took into account the feedback from the ICANN Board and finalized the Council’s Clarifying Statement <https://gnso.icann.org/sites/default/files/policy/2023/draft/draft-sub-pro-pending-recommendations-10jul23-en.pdf> [will need the new link] *by **removing the text in the Clarifying Statement relating to the enforceability of PICs and RVCs and holding this over, pending further feedback from the ICANN Board.* 9. The Clarifying Statement should be read as complementary to the relevant pending recommendation(s) and should be considered jointly with the recommendations for the purposes of implementation.
Resolved,
1. The GNSO Council approves the Clarifying Statement <https://gnso.icann.org/sites/default/files/policy/2023/draft/draft-sub-pro-pending-recommendations-10jul23-en.pdf> regarding select pending SubPro recommendations and stresses that the statement should be read as complementary to the relevant pending recommendation(s) and should be considered jointly with the recommendations for the purposes of implementation. 2. The GNSO Council requests that the GNSO Secretariat communicate resolved #1 to the ICANN Board and provide the Board with the Clarifying Statement. 3. The GNSO Council extends its thanks to the ICANN Board for its collegial, constructive, and pragmatic approach to addressing select pending recommendations and in particular, extends thanks to the co-leads of the Board’s Caucus on SubPro, Avri Doria and Becky Burr.
Susan Payne Head of Legal Policy Com Laude *T* +44 (0) 20 7421 8250 *Ext* 255
*Follow us on Linkedin <https://t-uk.xink.io/Tracking/Index/pRkAAGVfAADw_RQA0> and YouTube <https://t-uk.xink.io/Tracking/Index/bhkAAGVfAADw_RQA0>*[image: Image removed by sender.]
*From:* council <council-bounces@gnso.icann.org> *On Behalf Of *Sebastien--- via council *Sent:* Thursday, August 24, 2023 11:53 AM *To:* COUNCIL@GNSO.ICANN.ORG; GNSO-Chairs <gnso-chairs@icann.org>; gnso-secs@icann.org *Subject:* [council] FW: [gnso-chairs] FW: [Ext] Update on Board review of clarifying statements.
Dear Council Colleagues,
Please find below the communication Paul and I received from Becky and Avril yesterday and attached the redline prepared by Steve.
As indicated by Becky, there are a number of points of then Clarifying Statements which the Board is asking us to hold on while they work on offering wording alternatives for us to review. As you know that Board was in recess until Monday, Becky sent apologies for the very late input.
Steve’s edits reflect the request by setting Topics 30 and 31 and most of the Topic 9 Recommendations aside.
For us to discuss later today.
Kindly,
*Sebastien Ducos*
GoDaddy Registry | Senior Client Services Manager
[image: signature_2093298213]
+33612284445
France & Australia
sebastien@registry.godaddy
*From: *Gnso-chairs <gnso-chairs-bounces@icann.org> on behalf of Steve Chan via Gnso-chairs <gnso-chairs@icann.org> *Date: *Thursday, 24 August 2023 at 12:16 am *To: *gnso-chairs@icann.org <gnso-chairs@icann.org> *Subject: *Re: [gnso-chairs] FW: [Ext] Update on Board review of clarifying statements.
Caution: This email is from an external sender. Please do not click links or open attachments unless you recognize the sender and know the content is safe. Forward suspicious emails to isitbad@.
Dear Sebastian, John, and Greg,
Assuming you agree with the approach (Greg, thanks for your comments so far), here is some proposed text to send to the Council, to try and prepare them for action during tomorrow’s meeting.
Thanks,
Steve
Dear Councilors Colleagues,
In respect of item 4 and the Council’s SubPro Clarifying Statement, I have some news to share and a proposed path forward. Council leadership and Paul received a note from Avri and Becky (co-leads of the Board SubPro caucus), informing us that the Board wishes to have a little more time to refine the language regarding the enforceability of PICs and RVCs (i.e., the majority of Topic 9 and by implication, Topics 30 and 31). From a leadership perspective, we believe that removing the text in the Clarifying Statement that relates to PICs and RVCs, and having the Council approve what remains, is a pragmatic path forward to allow progress on at least some of the recommendations. Once the Board reverts with suggested refinements to the PICs and RVCs language in the Clarifying Statement, separate Council action can be taken when appropriate. We believe the alternative approach is to delay any action on the Clarifying Statement until all of the language is ready for approval.
While it is not ideal to break the Clarifying Statement into two parts, we believe incremental progress is preferred. To be clear, we are proposing that a revised Clarifying Statement (attached as a redlined document), that removes the topics related to PICs and RVCs, be approved by the Council’s meeting on 24 August. While time is allocated for discussion on this item, we do encourage you to voice any concerns you may have on the mailing list.
Kindly,
Sebastien
*From: *Gnso-chairs <gnso-chairs-bounces@icann.org> on behalf of Steve Chan via Gnso-chairs <gnso-chairs@icann.org> *Reply-To: *Steve Chan <steve.chan@icann.org> *Date: *Wednesday, August 23, 2023 at 2:49 PM *To: *"gnso-chairs@icann.org" <gnso-chairs@icann.org> *Subject: *[gnso-chairs] FW: [Ext] Update on Board review of clarifying statements.
FYI…
*From: *Becky Burr <becky.burr@board.icann.org> *Date: *Wednesday, August 23, 2023 at 2:48 PM *To: *"Sebastien@registry.godaddy" <Sebastien@registry.godaddy> *Cc: *Paul McGrady <paul@elstermcgrady.com>, Steve Chan < steve.chan@icann.org>, Lars HOFFMANN <lars.hoffmann@icann.org>, Avri Doria <avri.doria@board.icann.org> *Subject: *[Ext] Update on Board review of clarifying statements.
Sebastian Ducos, Chair
GNSO Council
Dear Seb,
We wanted to let you know in advance of the Council meeting that the Board’s SubPro Caucus has reviewed the clarifying statements provided by the Council and we are comfortable that all but one of the clarifications address the Board’s concerns. We are still working on and need a little more time on the language regarding the enforceability of PICs and RVCs. The Board would like to propose a small tweak to the language to ensure that it is crystal clear. We will revert with this as soon as possible and apologize for the delay.
Best,
avri and Becky ------------------------------
The contents of this email and any attachments are confidential to the intended recipient. They may not be disclosed, used by or copied in any way by anyone other than the intended recipient. If you have received this message in error, please return it to the sender (deleting the body of the email and attachments in your reply) and immediately and permanently delete it. Please note that Com Laude Group Limited (the “Com Laude Group”) does not accept any responsibility for viruses and it is your responsibility to scan or otherwise check this email and any attachments. The Com Laude Group does not accept liability for statements which are clearly the sender's own and not made on behalf of the group or one of its member entities. The Com Laude Group is a limited company registered in England and Wales with company number 10689074 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England. The Com Laude Group includes Nom-IQ Limited t/a Com Laude, a company registered in England and Wales with company number 5047655 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England; Valideus Limited, a company registered in England and Wales with company number 6181291 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England; Demys Limited, a company registered in Scotland with company number SC197176 and registered office at 15 William Street, South West Lane, Edinburgh, EH3 7LL Scotland; Consonum, Inc. dba Com Laude USA and Valideus USA, a corporation incorporated in the State of Washington and principal office address at Suite 332, Securities Building, 1904 Third Ave, Seattle, WA 98101; Com Laude (Japan) Corporation, a company registered in Japan with company number 0100-01-190853 and registered office at 1-3-21 Shinkawa, Chuo-ku, Tokyo, 104-0033, Japan; Com Laude Domain ESP S.L.U., a company registered in Spain and registered office address at Calle Barcas 2, 2, Valencia, 46002, Spain. For further information see www.comlaude.com <https://comlaude.com/>
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Hi All: I agree with Anne that the Resolution might include the collaboration with the Board. But I THINK the small team includes Board member membership, so there would be nothing extraordinary with the small team receiving that input. So that would reduce or eliminate the need to call that collaboration out, but it is probably better to indicate that the small team is comprised of Council and Board members. Best regards, Kurt On 24 Aug 2023, at 10:55 pm, Anne ICANN via council <council@gnso.icann.org<mailto:council@gnso.icann.org>> wrote: HI all - just now seeing this as I was traveling all day yesterday. Please note in Item 8 (along with Susan's modification) that we should delete the reference to the small team taking the Board feedback into account. For whatever reason, the small team was never asked to review or deliberate on the the Board feedback on the Clarifying Statement. Thank you, Anne Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2024 anneicanngnso@gmail.com<mailto:anneicanngnso@gmail.com> On Thu, Aug 24, 2023 at 5:53 AM Sebastien--- via council <council@gnso.icann.org<mailto:council@gnso.icann.org>> wrote: Thank you both. I’ll make sure that Paul, who will lead the topic, will take it into consideration. Kindly, Sebastien Ducos GoDaddy Registry | Senior Client Services Manager <image001.png> +33612284445 France & Australia sebastien@registry.godaddy<mailto:sebastien@registry.godaddy> From: council <council-bounces@gnso.icann.org<mailto:council-bounces@gnso.icann.org>> on behalf of Justine Chew via council <council@gnso.icann.org<mailto:council@gnso.icann.org>> Date: Thursday, 24 August 2023 at 2:30 pm To: Susan Payne <susan.payne@comlaude.com<mailto:susan.payne@comlaude.com>> Cc: gnso-secs@icann.org<mailto:gnso-secs@icann.org> <gnso-secs@icann.org<mailto:gnso-secs@icann.org>>, COUNCIL@GNSO.ICANN.ORG<mailto:COUNCIL@GNSO.ICANN.ORG> <council@gnso.icann.org<mailto:council@gnso.icann.org>> Subject: Re: [council] [gnso-chairs] FW: [Ext] Update on Board review of clarifying statements. Caution: This email is from an external sender. Please do not click links or open attachments unless you recognize the sender and know the content is safe. Forward suspicious emails to isitbad@. +1 Susan Kind regards, Justine On Thu, 24 Aug 2023 at 19:46, Susan Payne via council <council@gnso.icann.org<mailto:council@gnso.icann.org>> wrote: Thanks Sebastien, dividing the Clarifying Statement would therefore seem to make sense. I think perhaps the “Whereas” section of the Motion should be slightly revised to reflect this. Whilst this might not be absolutely essential, it would provide greater clarity for the record. I would therefore like to propose a friendly amendment as follows (see mark-up): Whereas, 1. The GNSO Council adopted<https://gnso.icann.org/en/council/resolutions/2020-current#202102> the Final Report<https://gnso.icann.org/sites/default/files/file/field-file-attach/final-report-newgtld-subsequent-procedures-pdp-02feb21-en.pdf> of the New gTLD Subsequent Procedures (SubPro) PDP on 18 February 2021. 2. On 16 March 2023, the ICANN Board adopted the majority of the SubPro Outputs, as identified in Section A of the Scorecard<https://www.icann.org/en/system/files/files/scorecard-subpro-pdp-board-action-16mar23-en.pdf>, while designating a select set of recommendations as pending, identified in Section B<https://www.icann.org/en/system/files/files/scorecard-subpro-pdp-board-action-16mar23-en.pdf> of the Scorecard. 3. The GNSO Council established a small team to carefully review the pending SubPro recommendations and identify the best path forward to seek to resolve the issues that were preventing Board adoption of the pending recommendations. 4. The GNSO Council’s small team benefited greatly from the open and frank dialogue with the co-leads of the Board’s Caucus on SubPro. 5. On 22 May 2023, the GNSO Council and ICANN Board discussed the expectation that for certain pending recommendations, a Clarifying Statement from the Council may be sufficient to mitigate the concerns preventing adoption of some of the pending recommendations. 6. At ICANN77, the GNSO Council and ICANN Board reached agreement on the specific set of pending recommendations that may be resolved via a Clarifying Statement from the Council. 7. The GNSO Council’s small team developed a draft Clarifying Statement<https://gnso.icann.org/sites/default/files/policy/2023/draft/draft-sub-pro-pending-recommendations-10jul23-en.pdf> that was discussed with the Council during its July meeting and was subsequently shared with the ICANN Board for their consideration of whether the Clarifying Statement does indeed address the Board’s concerns. 8. The GNSO Council’s small team took into account the feedback from the ICANN Board and finalized the Council’s Clarifying Statement<https://gnso.icann.org/sites/default/files/policy/2023/draft/draft-sub-pro-pending-recommendations-10jul23-en.pdf> [will need the new link] by removing the text in the Clarifying Statement relating to the enforceability of PICs and RVCs and holding this over, pending further feedback from the ICANN Board. 9. The Clarifying Statement should be read as complementary to the relevant pending recommendation(s) and should be considered jointly with the recommendations for the purposes of implementation. Resolved, 1. The GNSO Council approves the Clarifying Statement<https://gnso.icann.org/sites/default/files/policy/2023/draft/draft-sub-pro-pending-recommendations-10jul23-en.pdf> regarding select pending SubPro recommendations and stresses that the statement should be read as complementary to the relevant pending recommendation(s) and should be considered jointly with the recommendations for the purposes of implementation. 2. The GNSO Council requests that the GNSO Secretariat communicate resolved #1 to the ICANN Board and provide the Board with the Clarifying Statement. 3. The GNSO Council extends its thanks to the ICANN Board for its collegial, constructive, and pragmatic approach to addressing select pending recommendations and in particular, extends thanks to the co-leads of the Board’s Caucus on SubPro, Avri Doria and Becky Burr. Susan Payne Head of Legal Policy Com Laude T +44 (0) 20 7421 8250 Ext 255 <image002.png><https://comlaude.com/> Follow us on Linkedin<https://t-uk.xink.io/Tracking/Index/pRkAAGVfAADw_RQA0> and YouTube<https://t-uk.xink.io/Tracking/Index/bhkAAGVfAADw_RQA0> From: council <council-bounces@gnso.icann.org<mailto:council-bounces@gnso.icann.org>> On Behalf Of Sebastien--- via council Sent: Thursday, August 24, 2023 11:53 AM To: COUNCIL@GNSO.ICANN.ORG<mailto:COUNCIL@GNSO.ICANN.ORG>; GNSO-Chairs <gnso-chairs@icann.org<mailto:gnso-chairs@icann.org>>; gnso-secs@icann.org<mailto:gnso-secs@icann.org> Subject: [council] FW: [gnso-chairs] FW: [Ext] Update on Board review of clarifying statements. Dear Council Colleagues, Please find below the communication Paul and I received from Becky and Avril yesterday and attached the redline prepared by Steve. As indicated by Becky, there are a number of points of then Clarifying Statements which the Board is asking us to hold on while they work on offering wording alternatives for us to review. As you know that Board was in recess until Monday, Becky sent apologies for the very late input. Steve’s edits reflect the request by setting Topics 30 and 31 and most of the Topic 9 Recommendations aside. For us to discuss later today. Kindly, Sebastien Ducos GoDaddy Registry | Senior Client Services Manager <image003.png> +33612284445 France & Australia sebastien@registry.godaddy<mailto:sebastien@registry.godaddy> From: Gnso-chairs <gnso-chairs-bounces@icann.org<mailto:gnso-chairs-bounces@icann.org>> on behalf of Steve Chan via Gnso-chairs <gnso-chairs@icann.org<mailto:gnso-chairs@icann.org>> Date: Thursday, 24 August 2023 at 12:16 am To: gnso-chairs@icann.org<mailto:gnso-chairs@icann.org> <gnso-chairs@icann.org<mailto:gnso-chairs@icann.org>> Subject: Re: [gnso-chairs] FW: [Ext] Update on Board review of clarifying statements. Caution: This email is from an external sender. Please do not click links or open attachments unless you recognize the sender and know the content is safe. Forward suspicious emails to isitbad@. Dear Sebastian, John, and Greg, Assuming you agree with the approach (Greg, thanks for your comments so far), here is some proposed text to send to the Council, to try and prepare them for action during tomorrow’s meeting. Thanks, Steve Dear Councilors Colleagues, In respect of item 4 and the Council’s SubPro Clarifying Statement, I have some news to share and a proposed path forward. Council leadership and Paul received a note from Avri and Becky (co-leads of the Board SubPro caucus), informing us that the Board wishes to have a little more time to refine the language regarding the enforceability of PICs and RVCs (i.e., the majority of Topic 9 and by implication, Topics 30 and 31). From a leadership perspective, we believe that removing the text in the Clarifying Statement that relates to PICs and RVCs, and having the Council approve what remains, is a pragmatic path forward to allow progress on at least some of the recommendations. Once the Board reverts with suggested refinements to the PICs and RVCs language in the Clarifying Statement, separate Council action can be taken when appropriate. We believe the alternative approach is to delay any action on the Clarifying Statement until all of the language is ready for approval. While it is not ideal to break the Clarifying Statement into two parts, we believe incremental progress is preferred. To be clear, we are proposing that a revised Clarifying Statement (attached as a redlined document), that removes the topics related to PICs and RVCs, be approved by the Council’s meeting on 24 August. While time is allocated for discussion on this item, we do encourage you to voice any concerns you may have on the mailing list. Kindly, Sebastien From: Gnso-chairs <gnso-chairs-bounces@icann.org<mailto:gnso-chairs-bounces@icann.org>> on behalf of Steve Chan via Gnso-chairs <gnso-chairs@icann.org<mailto:gnso-chairs@icann.org>> Reply-To: Steve Chan <steve.chan@icann.org<mailto:steve.chan@icann.org>> Date: Wednesday, August 23, 2023 at 2:49 PM To: "gnso-chairs@icann.org<mailto:gnso-chairs@icann.org>" <gnso-chairs@icann.org<mailto:gnso-chairs@icann.org>> Subject: [gnso-chairs] FW: [Ext] Update on Board review of clarifying statements. FYI… From: Becky Burr <becky.burr@board.icann.org<mailto:becky.burr@board.icann.org>> Date: Wednesday, August 23, 2023 at 2:48 PM To: "Sebastien@registry.godaddy<mailto:Sebastien@registry.godaddy>" <Sebastien@registry.godaddy<mailto:Sebastien@registry.godaddy>> Cc: Paul McGrady <paul@elstermcgrady.com<mailto:paul@elstermcgrady.com>>, Steve Chan <steve.chan@icann.org<mailto:steve.chan@icann.org>>, Lars HOFFMANN <lars.hoffmann@icann.org<mailto:lars.hoffmann@icann.org>>, Avri Doria <avri.doria@board.icann.org<mailto:avri.doria@board.icann.org>> Subject: [Ext] Update on Board review of clarifying statements. Sebastian Ducos, Chair GNSO Council Dear Seb, We wanted to let you know in advance of the Council meeting that the Board’s SubPro Caucus has reviewed the clarifying statements provided by the Council and we are comfortable that all but one of the clarifications address the Board’s concerns. We are still working on and need a little more time on the language regarding the enforceability of PICs and RVCs. The Board would like to propose a small tweak to the language to ensure that it is crystal clear. We will revert with this as soon as possible and apologize for the delay. Best, avri and Becky ________________________________ The contents of this email and any attachments are confidential to the intended recipient. They may not be disclosed, used by or copied in any way by anyone other than the intended recipient. If you have received this message in error, please return it to the sender (deleting the body of the email and attachments in your reply) and immediately and permanently delete it. Please note that Com Laude Group Limited (the “Com Laude Group”) does not accept any responsibility for viruses and it is your responsibility to scan or otherwise check this email and any attachments. 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For further information see www.comlaude.com<https://comlaude.com/> _______________________________________________ council mailing list council@gnso.icann.org<mailto:council@gnso.icann.org> https://mm.icann.org/mailman/listinfo/council _______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and the website Terms of Service (https://www.icann.org/privacy/tos). You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on. _______________________________________________ council mailing list council@gnso.icann.org<mailto:council@gnso.icann.org> https://mm.icann.org/mailman/listinfo/council _______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and the website Terms of Service (https://www.icann.org/privacy/tos). You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on. _______________________________________________ council mailing list council@gnso.icann.org<mailto:council@gnso.icann.org> https://mm.icann.org/mailman/listinfo/council _______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and the website Terms of Service (https://www.icann.org/privacy/tos). You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on.
participants (5)
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Anne ICANN -
Justine Chew -
kurt kjpritz.com -
Sebastien＠registry.godaddy -
Susan Payne