Dear GNSO Councilors, On behalf of Council Leadership, pursuant to the Proposed GNSO Council meeting agenda below, please see the attached document for discussion relating to the following agenda item: Item 6: COUNCIL DISCUSSION - Review of All Rights Protection Mechanisms in All gTLDs (RPM) PDP Phase 2, Review of UDRP Next Steps Council Leadership requests that Councilors review the attached document for discussion at the next Council meeting. Kind regards, Julie Julie Hedlund, Policy Director From: council <council-bounces@gnso.icann.org> on behalf of Michelle DeSmyter via council <council@gnso.icann.org> Reply-To: Michelle DeSmyter <michelle.desmyter@icann.org> Date: Monday, July 12, 2021 at 8:39 PM To: "council@gnso.icann.org" <council@gnso.icann.org> Cc: "gnso-secs@icann.org" <gnso-secs@icann.org> Subject: [council] Proposed Agenda GNSO Council Meeting - 22 July 2021 at 19:00 UTC Dear all, Please find below the final proposed agenda for the GNSO Council Meeting on 22 July 2021 at 19:00 UTC. Draft GNSO Council Agenda 22 July 2021 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/cYL8CQ This agenda was established according to the GNSO Operating Procedures [gnso.icann.org]<https://urldefense.com/v3/__https:/gnso.icann.org/sites/default/files/file/f...> 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 19:00 UTC Coordinated Universal Time: 19:00 UTC: https://tinyurl.com/ybavc84m [tinyurl.com]<https://urldefense.com/v3/__https:/tinyurl.com/ybavc84m__;!!PtGJab4!u3v1cUbz...> 12:00 Los Angeles; 15:00 Washington; 20:00 London; 21:00 Paris; 22:00 Moscow; (Friday) 05:00 Melbourne GNSO Council Meeting Remote Participation: https://icann.zoom.us/j/99805526507?pwd=MlRKaTAzdDZIQ3Q1azJsc2JSWXRSZz09 [icann.zoom.us]<https://urldefense.com/v3/__https:/icann.zoom.us/j/99805526507?pwd=MlRKaTAzd...> 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 (10 mins) 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 [gnso.icann.org]<https://urldefense.com/v3/__https:/gnso.icann.org/sites/default/files/policy...> of the GNSO Council meeting on 20 May 2021 were posted on 03 June 2021. Minutes [gnso.icann.org]<https://urldefense.com/v3/__https:/gnso.icann.org/sites/default/files/policy...> of the GNSO Council meeting on 16 June 2021 were posted on 03 July 2021. Item 2: Opening Remarks / Review of Projects & Action List (10 minutes) 2.1 - Review focus areas and provide updates on specific key themes / topics, to include review of Projects List [gnso.icann.org]<https://urldefense.com/v3/__https:/gnso.icann.org/en/council/project__;!!PtGJab4!u3v1cUbzj2zgqEhxq6Kf48cLB08DxIW6RdBJRsYT20PC0V_oIqcP8m8cSCeFB231zxQSlg8wAg$>and Action Item List. <https://community.icann.org/x/RgZlAg> Item 3: Consent Agenda (5 minutes) * * * Approval of the Chair for the EPDP on Internationalized Domain Names - Edmon Chung * (SOI<https://community.icann.org/display/gnsosoi/Edmon+Chung+SOI>) * * * * Acknowledgment of the GNSO Council liaison to EPDP on Internationalized Domain Names * - Farrell Folly * * * * Motion<https://community.icann.org/display/gnsocouncilmeetings/Motions+22+July+2021> * to adopt the GNSO Review of the GAC ICANN71 Virtual Policy Forum Communiqué for submission to the ICANN Board * Item 4: COUNCIL VOTE - Accuracy Scoping Team (15 minutes) During its October 2020 meeting, the GNSO Council confirmed its intent to launch a scoping team on the topic of accuracy based on a proposal from the previous Council leadership team (see here [gnso.icann.org]<https://urldefense.com/v3/__https:/gnso.icann.org/sites/default/files/file/field-file-attach/epdp-2-priority-2-items-10sep20-en.pdf__;!!PtGJab4!u3v1cUbzj2zgqEhxq6Kf48cLB08DxIW6RdBJRsYT20PC0V_oIqcP8m8cSCeFB231zxTcNgi4AQ$>for the proposal). On 4 November 2020, the GNSO Council wrote<https://www.icann.org/en/system/files/correspondence/fouquart-to-swinehart-0...> to ICANN org, requesting the preparation of a briefing document outlining both the existing accuracy requirements and programs as well as the impact that GDPR has had on implementing and enforcing the identified requirements and programs. This briefing is intended to inform an accuracy scoping team that the GNSO Council envisioned initiating, which would be tasked with furthering the community’s understanding of the issue and assist in scoping and defining the issue (see here [gnso.icann.org]<https://urldefense.com/v3/__https:/gnso.icann.org/sites/default/files/file/f...>). On 10 December 2020, ICANN org responded<https://www.icann.org/en/system/files/correspondence/swinehart-to-fouquart-1...> to confirm its understanding of the request and to commit to delivering that briefing by 26 February 2021. ICANN org timely delivered the briefing<https://www.icann.org/en/system/files/correspondence/swinehart-to-fouquart-2...>. In addition to the briefing providing an overview of accuracy requirements and programs and the impact of GDPR on these, ICANN org also included a suggestion that a study to measure accuracy of registration data might be beneficial. In parallel to the request for the briefing, ICANN SO/AC/SG/Cs were requested to start thinking about whether their groups would be interested to participate in a scoping team once created. At or around that time, the BC, ISPCP, RySG, IPC and GAC expressed an interest and identified potential volunteers with relevant knowledge and expertise. The Council discussed this briefing and potential next steps during its Extraordinary Meeting on 08 April 2021. Following the meeting, Council leadership, with the support of the GNSO Support Staff, worked together to develop a set of proposed next steps<https://mm.icann.org/pipermail/council/2021-April/024662.html> for dealing with the topic of accuracy, which was shared on 23 April 2021. Feedback was sought from Councilors by 07 May 2021 and the topic was discussed again during the Council’s May meeting. The Council agreed to convene a small team to refine the proposed next steps, particularly around clarifying the remit of the eventual scoping team. That small team met regularly to clearly document the remit of the scoping team and provided a brief update during the June Council meeting. The small team has reached agreement on the formation and instructions to the scoping team, which it shared<https://mm.icann.org/pipermail/council/2021-July/024851.html> with the Council on 9 July 2021. Here, the Council will vote to confirm the formation and instructions to the Registration Data Accuracy Scoping Team as developed by the Council small team. 4.1 – Presentation of motion<https://community.icann.org/display/gnsocouncilmeetings/Motions+22+July+2021> (Pam Little, Council vice-chair) 4.2 – Council discussion 4.3 – Council vote (Voting Threshold: simple majority vote of each House) Item 5: COUNCIL DISCUSSION - Operational Design Phase (ODP) on the Standardized System for Access/Disclosure - Update from the GNSO Council Liaison (15 minutes) On 25 March 2021, the ICANN Board launched the Operational Design Phase (ODP) for the System for the Standardized Access/Disclosure to Nonpublic Registration Data (SSAD) policy recommendations as set out in the SSAD ODP Scoping Document<https://www.icann.org/en/system/files/files/ssad-non-public-registration-dat...>. As part of the general ODP process, it is recommended that a GNSO Council liaison be appointed, in order to serve as primary contact between the ODP team and Council to facilitate and streamline communications on identified issues that pertain to the intent or substance of the policy recommendations. On 12 April 2021, the Council received a letter<https://www.icann.org/en/system/files/correspondence/botterman-to-fouquart-1...> from the Board, recommending the appointment of a Council liaison to the ODP. On 20 May 2021, the GNSO Council appointed Janis Karklins, the Chair of the Temporary Specification for gTLD Registration Data Phase 2 Expedited Policy Development Process. Here, the Council will receive an update from the Council liaison to the ODP. 5.1 - Presentation (Janis Karklins) 5.2 – Council discussion 5.3 – Next steps Item 6: COUNCIL DISCUSSION - Review of All Rights Protection Mechanisms in All gTLDs (RPM) PDP Phase 2, Review of UDRP Next Steps (15 minutes) On 21 January 2021, the GNSO Council approved the recommendations from the Phase 1 Final Report of the GNSO Policy Development Process (PDP) on the Review of All Rights Protection Mechanisms (RPMs) in All gTLDs, covering RPMs applicable to gTLDs launched under the 2012 New gTLD Program. The Council has discussed the need to review the RPMs charter in advance of launching Phase 2 of the PDP, which is focused on the UDRP. Council leadership has considered the best path forward to initiating this work and has shared their thoughts for advancing this effort on [date], which considers a Policy Status Report (PSR) as a possible next step. The leadership team recognizes that a significant amount of time has passed since the 2011 UDRP Issue Report such that it will be helpful to know if new issues or information have emerged that could be relevant to a comprehensive policy review. Leadership also believes that a PSR will support a data-driven policy development effort and will result in a more tightly scoped Charter, that is consistent with the principles of PDP 3.0. Here, the Council will discuss possible next steps, including a PSR for advancing RPMs Phase 2. 6.1 – Introduction of topic (Council leadership) 6.2 – Council discussion 6.3 – Next steps Item 7: COUNCIL DISCUSSION - IGO Work Track Questions for Council (20 minutes) On 18 April 2019, the Council voted<https://community.icann.org/display/gnsocouncilmeetings/Motions+18+April+201...> to approve recommendations 1-4 of the Final Report from the IGO-INGO Access to Curative Rights Protection Mechanisms PDP WG. The Council also resolved to not approve Recommendation 5 and, ”directs the Review of All Rights Protection Mechanisms in All gTLDs (RPM) PDP to consider, as part of its Phase 2 work, whether an appropriate policy solution can be developed that is generally consistent with Recommendations 1, 2, 3 & 4 of the PDP Final Report and: * * * accounts for the possibility that an IGO may enjoy jurisdictional immunity in certain * circumstances; * * * * does not affect the right and ability of registrants to file judicial proceedings in * a court of competent jurisdiction; * * * * preserves registrants’ rights to judicial review of an initial UDRP or URS decision; * and * * * * recognizes that the existence and scope of IGO jurisdictional immunity in any particular * situation is a legal issue to be determined by a court of competent jurisdiction.” * In respect of that resolution, the GNSO Council prepared an Addendum [gnso.icann.org]<https://urldefense.com/v3/__https:/gnso.icann.org/sites/default/files/file/f...> to the RPMs PDP charter to support work related to Recommendation 5 and approved [gnso.icann.org]<https://urldefense.com/v3/__https:/gnso.icann.org/en/council/resolutions/202...> it during its January 2020 Council meeting. During its September 2020 Council meeting, the Council agreed to initiate both the Expressions of Interest process to identify a single, qualified Work Track Chair and issue a call for Members and Observers to join the IGO Work Track. Led by Chris Disspain as the Chair, the Work Track has been meeting since late February of 2021. The Work Track has sought to make meaningful progress within the bounds of the Addendum, with members recognizing that this foundational discussion will influence how the group will work and thus, what its work plan should look like. During its April meeting, the Council received a brief update and acknowledged the work track’s Work Plan<https://community.icann.org/download/attachments/164626455/RPM-IGO-CRWT_Proj...> (April package here<https://community.icann.org/download/attachments/164626455/RPM-IGO-CRWT_Proj...>). In chartering this work, the GNSO Council expected that the work should be completed in an efficient manner and that frequent updates to the Council would be helpful to ensure an effective outcome. The Council has already received updates during the April and May meetings. The Work Track has made steady progress in evaluating recommendation 5 and determining an appropriate policy path forward. According to the work plan, the Work Track is expected to deliver its Initial Report for public comment in early August, but due to the need to migrate the current Public Comment platform on the ICANN org website to a substantially new feature that will be compliant with the Information Transparency Initiative and its requirements, ICANN org needs to impose a moratorium on launching Public Comment proceedings between late July and end August. The Work Track has submitted a Policy Change Request in light of this external factor. With the Work Track nearing a stage where it will be able to publish its Initial Report, notwithstanding the moratorium, it is timely to bring two questions to the Council for their consideration. The first question relates to the fact that the IGO Work Track was originally convened under the auspices of the then-ongoing Review of All Rights Protection Mechanisms (RPM) Policy Development Process (PDP) Working Group, which has since delivered its Final Report to the Council and subsequently approved; planning for Phase 2 of the RPM work is ongoing, which leaves the Work Track without a parent Working Group. The second question relates to the requirements imposed on the Work Track via the Addendum. The Work Track has kept Recommendation #5 (regarding IGO jurisdictional immunity) at the forefront in its work. However, it has concluded that a feasible and appropriate policy solution cannot be crafted simply by looking at that recommendation in isolation. Accordingly, the Work Track is seeking feedback to determine whether the approach and solution are in accordance with the limitations in the addendum. The Work Track leadership and staff have drafted a briefing document to support this agenda item. Here, the Council will discuss the two questions and seek to reach agreement on answers/solutions. 7.1 – Update (John McElwaine, GNSO Council Liaison) 7.2 – Council discussion 7.3 – Next steps Item 8: COUNCIL UPDATE - Update on the Customer Standing Committee and Next Steps for the Council (10 minutes) The GNSO Council will soon have two responsibilities regarding the Customer Standing Committee, per the ICANN Bylaws. The first requirement is that, in accordance with Section 17.2 (d) of the ICANN Bylaw and per the CSC Charter, the full membership of the CSC must be approved by the GNSO Council. This is expected to occur no later than September of 2021. The second responsibility relates to the Customer Standing Committee (CSC) Effectiveness Review, which would represent the second such review. The ICANN Bylaws, Section 17.3 (b) states, "The effectiveness of the CSC shall be reviewed two years after the first meeting of the CSC; and then every three years thereafter. The method of review will be determined by the ccNSO and GNSO and the findings of the review will be published on the Website." The Customer Standing Committee (CSC) was established and conducted its first meeting on 6 October 2016, so the first review needed to take place in 2018. As required, the GNSO and ccNSO established a process to conduct the review, which per the Council’s resolution “concluded that the most practical and efficient path forward is for the ccNSO and GNSO to each appoint two members to conduct the CSC Effectiveness Review that will consider the effectiveness of the CSC in performing its responsibilities as outlined in the CSC Charter and that the findings of the Review, as adopted by both the GNSO and ccNSO Councils, will become an input to the IANA Naming Function Review.” The Council approved [gnso.icann.org]<https://urldefense.com/v3/__https:/gnso.icann.org/en/council/resolutions*201...> this process in September of 2018. After completing an Initial Report<https://www.icann.org/en/system/files/files/csc-effectiveness-initial-16jan1...> and publishing it for public comment, the Final Report<https://community.icann.org/x/VQpIBg> was delivered 05 March 2019; the Council adopted [gnso.icann.org]<https://urldefense.com/v3/__https:/gnso.icann.org/en/council/resolutions*201...> the Final Report on 13 March 2019. With an October 2016 first meeting for the CSC, the time for the second review of the CSC is October 2021. The GNSO and ccNSO will need to establish the terms of reference for the second review, which may be able to highly leverage the ToR<https://community.icann.org/display/CRT/Terms+of+Reference> from the first review. At a minimum, this second review will need to include a determination whether the recommendations from the first effectiveness review were successfully implemented. Here, the Council will discuss the expectations of the Council as it relates to the two CSC items. 8.1 – Introduction of topic (Council leadership) 8.2 – Council discussion 8.3 – Next steps Item 9: ANY OTHER BUSINESS (5 minutes) 9.1 - Transfer Policy Review PDP - Review of Work Plan<https://community.icann.org/x/MQDQCQ> _______________________________ 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... [gnso.icann.org]<https://urldefense.com/v3/__https:/gnso.icann.org/sites/default/files/file/f...> References for Coordinated Universal Time of 19:00 UTC Local time between November and March Winter in the NORTHERN hemisphere ---------------------------------------------------------------------------- California, USA (PDT) UTC-7 12:00 San José, Costa Rica (CST) UTC-6 13:00 New York/Washington DC, USA (EDT) UTC-4 15:00 Buenos Aires, Argentina (ART) UTC-3 16:00 Rio de Janeiro, Brazil (BRST) UTC-3 16:00 London, United Kingdom (GMT) UTC+1 20:00 Kinshasa, Democratic Republic of Congo (WAT) UTC+1 20:00 Paris, France (CEST) UTC+2 21:00 Moscow, Russia (MST) UTC+3 22:00 Singapore (SGT) (+1day) UTC+8 03:00 Melbourne, Australia (AEDT)(+1day) UTC+11 05:00 ---------------------------------------------------------------------------- DST starts/ends on Sunday 31 October 2021, 2:00 or 3:00 local time (with exceptions) for EU countries and on Sunday 7 November 2021 for the US. ---------------------------------------------------------------------- For other places see http://www.timeanddate.com [timeanddate.com]<https://urldefense.com/v3/__http:/www.timeanddate.com/__;!!PtGJab4!u3v1cUbzj...> and https://tinyurl.com/ybavc84m [tinyurl.com]<https://urldefense.com/v3/__https:/tinyurl.com/ybavc84m__;!!PtGJab4!u3v1cUbz...>