Thank you Terri, happy to accept that change to the Motion as friendly Susan Payne Head of Legal Policy Com Laude T +44 (0) 20 7421 8250 Ext 255 [cid:image001.png@01DC818C.43314820] <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: Terri Agnew <terri.agnew@icann.org> Sent: 09 January 2026 16:08 To: jen@dot.asia; council@icann.org Cc: Susan Payne <susan.payne@comlaude.com>; GNSO-Secs <gnso-secs@icann.org> Subject: Re: [council] Friendly Amendment: Motion - DNS Abuse PDP1 Charter Hi Jen and Susan. Before we make the friendly amendment to the motion, checking in with Susan – if she agrees to it (as seconded by). Motion wiki page: https://icann-community.atlassian.net/wiki/x/QYA0J Thanks! Terri From: jen--- via council <council@icann.org<mailto:council@icann.org>> Reply-To: "jen@dot.asia<mailto:jen@dot.asia>" <jen@dot.asia<mailto:jen@dot.asia>> Date: Friday, January 9, 2026 at 9:51 AM To: "council@icann.org<mailto:council@icann.org>" <council@icann.org<mailto:council@icann.org>> Subject: [council] Friendly Amendment: Motion - DNS Abuse PDP1 Charter Dear All, Please note that the Charter linked to the Motion is now in final form. Many thanks to the Charter drafting small team for their work and constructive efforts to get us here. Key changes from the previous version include: Charter: https://gnso.icann.org/sites/default/files/policy/2025/draft/charter-dns-abu... [gnso.icann.org]<https://urldefense.com/v3/__https:/gnso.icann.org/sites/default/files/policy...> * A rewording of q5 to focus on remedies and avoid duplication of language * A swap in some of the text in the description of Members and Participants criteria for logic flow The friendly amendment to the Motion includes the updated link to this Charter in clause 6, and additional word (“Alternates”) to resolved clause 2 which will now read: 2. The GNSO Council requests that the GNSO Secretariat publish the Call for Volunteers for Members, Participants, Alternates, Observers, and relevant liaisons per the membership structure within the PDP WG charter. Best, Jen From: jen@dot.asia<mailto:jen@dot.asia> <jen@dot.asia<mailto:jen@dot.asia>> Sent: Tuesday, December 23, 2025 7:35 PM To: 'council@icann.org' <council@icann.org<mailto:council@icann.org>> Subject: Motion – DNS Abuse PDP1 Charter Dear All, Please find attached the Motion for the DNS Abuse PDP1 Charter. Please note that the Charter Drafting small team is currently resolving editorial comments on the charter, and the current linked charter represents the clean version received by the 23:59 UTC deadline today. When this gets resolved, this will be updated in the link in the motion as well. Wishing all a restful holiday season. Best, Jen ________________________________ 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 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 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 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/>

It was my thinking that the small team agreed that the impact around human rights would be limited to the ICANN Board approved HRIA and it is my expectation that the PDP working group will work off the attending checklist. If the working group then determines that further resources will be needed, they can then come back to Council with justification for same. Not only is question 3 under the Impact on Human Rights Section ambiguous in interpretation on the word “Legitimate” question 2 states “2) is the proposed action proportionate, -Proportionate to what Please? The action taken by the Registrar, the damage caused to the business and brand, or other third party providers down the chain. I would appeal we do not seek to over engineer issues at this point and lean towards deleting all three questions and language contrasting the ICANN Board approved HRIA checklist as previously agreed on one of our calls. All groups have all been encouraged to ensure participants from their constituencies are subject matter experts and the working group membership is now considered balanced, hence i do not see a need to engage external human rights experts. At any rate where the leadership and members of the PDP feel there is a strong need for such expertise, mechanisms exist within the Council to accommodate such issues. Lawrence. ----- [Image] [Image] Lawrence Olawale-Roberts Global President & Managing Director Mobile: +234 8070892705, (0)8056 3333 97 Lawrence@microboss.org<mailto:Lawrence@microboss.org> [Image] [Image] …collaboration to enhance communication. [Image] https://www.microboss.org<https://www.microboss.org/> | [Image]<https://www.facebook.com/microbosstech/> [Image]<https://www.linkedin.com/company/microbosstech/> [Image]<https://mobile.twitter.com/microbosstech> [Image]<https://www.instagram.com/microbosstech/?hl=en> [Image]<https://www.youtube.com/@microboss> This e-mail and any attachments are confidential and may be protected by legal, professional or other privilege. If you are not the intended recipient, you should not store it, copy it, re-transmit it, use it or disclose its contents, but should return it to the sender immediately and delete your copy from your system. The views expressed are those of the sender and his company MicroBoss. Kindly note that whilst we scan all e-mails for viruses, we cannot guarantee that any e-mail is virus-free. | Do consider the environment before printing this email. ________________________________ From: farzaneh badii via council <council@icann.org> Sent: Friday, January 9, 2026 11:33:46 PM To: Anne ICANN <anneicanngnso@gmail.com> Cc: council@icann.org <council@icann.org> Subject: [council] Re: Friendly Amendment: Motion - DNS Abuse PDP1 Charter Dear Anne, Thank you for the note. I need to clarify a few points to ensure the record accurately reflects NCSG’s position 1. NCSG has never stated that the very goal of this PDP poses a threat to Article 19. That characterization is incorrect. We have documented many many times our concerns with ADC which I invite you to have a look at. 2. The decision on whether to engage an external human rights expert should rest with the PDP Working Group, in consultation with the Council, if the WG deems this necessary. I do not support the Council pre-judging that decision at the chartering stage. Just like in EPDP on data registration when we needed external courses or experts we asked the council. 3. The description of “legitimacy” is not “Farzi’s definition.” It reflects standard human rights analysis used by practitioners and experts, including in human rights impact assessments. Determining how to apply HRIA tools including legitimacy analysis is squarely within the remit of the PDP Working Group. It is not within the Council’s mandate to prescribe or redefine what “legitimacy” means in human rights terms. 4. The human rights section included in PDP charters is a standard, Council adopted boilerplate. It was adopted following discussions with human rights experts. Any interpretation, expansion, or modification of those questions should occur through community processes, not unilateral Council reinterpretation. The section on human rights checklist is only there to provide guidance for the PDP. It will not lead to expansion of PDP, it will not circumvent community decisions. Best regards Farzaneh On Fri, Jan 9, 2026 at 4:46 PM Anne ICANN via council <council@icann.org<mailto:council@icann.org>> wrote: Thanks Jen. I look forward to the discussion on this Charter in relation to informing the Council members as to: (1) PDP WG Option to hire an outside expert firm to conduct a formal Human Rights Impact Assessment. (I agree with Farzi that this was a much simpler question in relation to the Latin Diacritics PDP. I understand from our December meeting the NCSG position that the very goal of this DNS Abuse EPDP poses a threat to Article 19 free speech rights.) (2) Farzi's explanation of the elements contained in the charge to the Working Group to answer Question 3 in the Human Rights paragraph, i.e. whether the proposed action is "legitimate" which she detailed as follows: "if the law and policies 1) were enacted through consent and participation 2) don't go against fundamental rights themselves - 3) there is fairness in enforcement." As you know, we did not reach consensus in the drafting team as to the meaning of "legitimate" with respect to Question (3). I also note (as raised in our small team work) that the Board adopted the Accountability Workstream 2 Final Report setting out the ICANN Human Rights - Framework of Interpretation (HR-FOI within ICANN. This is mentioned and linked here for information since all Councilors may not be aware of this governing document: https://www.icann.org/en/system/files/files/ccwg-acct-ws2-annex-3-hr-foi-fin... Thank you, Anne Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2026 anneicanngnso@gmail.com<mailto:anneicanngnso@gmail.com> On Fri, Jan 9, 2026 at 8:51 AM jen--- via council <council@icann.org<mailto:council@icann.org>> wrote: Dear All, Please note that the Charter linked to the Motion is now in final form. Many thanks to the Charter drafting small team for their work and constructive efforts to get us here. Key changes from the previous version include: Charter: https://gnso.icann.org/sites/default/files/policy/2025/draft/charter-dns-abu... * A rewording of q5 to focus on remedies and avoid duplication of language * A swap in some of the text in the description of Members and Participants criteria for logic flow The friendly amendment to the Motion includes the updated link to this Charter in clause 6, and additional word (“Alternates”) to resolved clause 2 which will now read: 2. The GNSO Council requests that the GNSO Secretariat publish the Call for Volunteers for Members, Participants, Alternates, Observers, and relevant liaisons per the membership structure within the PDP WG charter. Best, Jen From: jen@dot.asia<mailto:jen@dot.asia> <jen@dot.asia<mailto:jen@dot.asia>> Sent: Tuesday, December 23, 2025 7:35 PM To: 'council@icann.org<mailto:council@icann.org>' <council@icann.org<mailto:council@icann.org>> Subject: Motion – DNS Abuse PDP1 Charter Dear All, Please find attached the Motion for the DNS Abuse PDP1 Charter. Please note that the Charter Drafting small team is currently resolving editorial comments on the charter, and the current linked charter represents the clean version received by the 23:59 UTC deadline today. When this gets resolved, this will be updated in the link in the motion as well. Wishing all a restful holiday season. Best, Jen _______________________________________________ council mailing list -- council@icann.org<mailto:council@icann.org> To unsubscribe send an email to council-leave@icann.org<mailto:council-leave@icann.org> _______________________________________________ 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@icann.org<mailto:council@icann.org> To unsubscribe send an email to council-leave@icann.org<mailto:council-leave@icann.org> _______________________________________________ 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.

Below shows the language that I am requesting be reinserted into the draft DNS Abuse Charter based on Article 27.2 of the ICANN ByLaws which invokes the Human Rights Framework of Interpretation. A member of the drafting team expressed the opinion that the Human Rights paragraph could not be amended without Council approval. The language in red is an important addition because of Article 27.2 of the ICANN Bylaws. Thank you, Anne *Impact on Human Rights* The WG is expected to consider the potential impact of any recommendations on human rights in accordance with the Human Rights Framework of Interpretation as adopted by the ICANN Board. Based on the information included in the request for an Issue Report and the Issue Report, the WG is expected to further consider whether there is a likely human rights impact, and if so, who are the groups expected to be impacted and the expected severity of the impact (high / medium / low). If an impact is anticipated, the WG is expected to address the following questions: 1) is the proposed action necessary to achieve the desired outcome, 2) is the proposed action proportionate, 3) is the proposed action legitimate. Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2026 anneicanngnso@gmail.com On Wed, Jan 14, 2026 at 9:00 AM Anne ICANN <anneicanngnso@gmail.com> wrote:

Thanks Farzi. I can appreciate the desire to respect a previous template as well as practice in the Human Rights field. For me, what is missing from this Charter is a specific reference to the Human Rights Core Value in the ICANN Bylaws which is to be applied in accordance with the Human Rights - Framework of Interpretation as recommended by Accountability Workstream 2 and as adopted by the ICANN Board. In the drafting team work, I asked for this governing document to be specifically referenced. John Emery added it as well as Annexing the Final Report of the Accountability Workstream II Sub Group on Human Rights. However, it was later deleted without further discussion in the drafting team other than a statement that the Latin Diacritics template governs, but the HR-FOI Report states as follows:

"The interpretation of the Human Rights Core Value should be driven by the Framework of Interpretation. It is expected that the Core Value will be taken into account when future ICANN *policies and procedures are developed, and interpreted in accordance with the Framework of Interpretation*." (emphasis added)

Accordingly I do not understand why anyone thinks that the Human Rights paragraph should not contain an express reference to the HR-FOI as adopted by the Board. Again, that document is linked here:

https://gnso.icann.org/sites/default/files/policy/2025/draft/charter-dns-abu...

My suggested change - which I understand from Jen is still open for discussion - is that the first sentence of the Human Rights paragraph in the Charter be modified by *adding these simple words "in accordance with the Human Rights Framework of Interpretation as adopted by the ICANN Board."* Again, staff had inserted this but it disappeared from the "final" version of the Charter.

Please consider this a formal request for Council to add back that language into the Charter. Thank you, Anne

Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2026 anneicanngnso@gmail.com

On Fri, Jan 9, 2026 at 3:33 PM farzaneh badii <farzaneh.badii@gmail.com> wrote:

...

Dear Anne,

Thank you for the note. I need to clarify a few points to ensure the record accurately reflects NCSG’s position

1.

NCSG has never stated that the very goal of this PDP poses a threat to Article 19. That characterization is incorrect. We have documented many many times our concerns with ADC which I invite you to have a look at. 2.

The decision on whether to engage an external human rights expert should rest with the PDP Working Group, in consultation with the Council, if the WG deems this necessary. I do not support the Council pre-judging that decision at the chartering stage. Just like in EPDP on data registration when we needed external courses or experts we asked the council. 3.

The description of “legitimacy” is not “Farzi’s definition.” It reflects standard human rights analysis used by practitioners and experts, including in human rights impact assessments. Determining how to apply HRIA tools including legitimacy analysis is squarely within the remit of the PDP Working Group. It is not within the Council’s mandate to prescribe or redefine what “legitimacy” means in human rights terms. 4.

The human rights section included in PDP charters is a standard, Council adopted boilerplate. It was adopted following discussions with human rights experts. Any interpretation, expansion, or modification of those questions should occur through community processes, not unilateral Council reinterpretation.

The section on human rights checklist is only there to provide guidance for the PDP. It will not lead to expansion of PDP, it will not circumvent community decisions.

Best regards

Farzaneh

On Fri, Jan 9, 2026 at 4:46 PM Anne ICANN via council <council@icann.org> wrote:

...

Thanks Jen. I look forward to the discussion on this Charter in relation to informing the Council members as to:

(1) PDP WG Option to hire an outside expert firm to conduct a formal Human Rights Impact Assessment. (I agree with Farzi that this was a much simpler question in relation to the Latin Diacritics PDP. I understand from our December meeting the NCSG position that the very goal of this DNS Abuse EPDP poses a threat to Article 19 free speech rights.)

(2) Farzi's explanation of the elements contained in the charge to the Working Group to answer Question 3 in the Human Rights paragraph, i.e. whether the proposed action is "legitimate" which she detailed as follows:

*"if the law and policies 1) were enacted through consent and participation 2) don't go against fundamental rights themselves - 3) there is fairness in enforcement."*

*As you know, we did not reach consensus in the drafting team as to the meaning of "legitimate" with respect to Question (3).*

I also note (as raised in our small team work) that the Board adopted the Accountability Workstream 2 Final Report setting out the ICANN Human Rights - Framework of Interpretation (HR-FOI within ICANN. This is mentioned and linked here for information since all Councilors may not be aware of this governing document:

https://www.icann.org/en/system/files/files/ccwg-acct-ws2-annex-3-hr-foi-fin...

Thank you, Anne

Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2026 anneicanngnso@gmail.com

On Fri, Jan 9, 2026 at 8:51 AM jen--- via council <council@icann.org> wrote:

...

Dear All,

Please note that the Charter linked to the Motion is now in final form. Many thanks to the Charter drafting small team for their work and constructive efforts to get us here.

Key changes from the previous version include:

Charter: https://gnso.icann.org/sites/default/files/policy/2025/draft/charter-dns-abu...

- A rewording of q5 to focus on remedies and avoid duplication of language - A swap in some of the text in the description of Members and Participants criteria for logic flow

The friendly amendment to the Motion includes the updated link to this Charter in clause 6, and additional word (“Alternates”) to resolved clause 2 which will now read:

2. The GNSO Council requests that the GNSO Secretariat publish the Call for Volunteers for Members, Participants, Alternates, Observers, and relevant liaisons per the membership structure within the PDP WG charter.

Best,

Jen

*From:* jen@dot.asia <jen@dot.asia> *Sent:* Tuesday, December 23, 2025 7:35 PM *To:* 'council@icann.org' <council@icann.org> *Subject:* Motion – DNS Abuse PDP1 Charter

Dear All,

Please find attached the Motion for the DNS Abuse PDP1 Charter.

Please note that the Charter Drafting small team is currently resolving editorial comments on the charter, and the current linked charter represents the clean version received by the 23:59 UTC deadline today. When this gets resolved, this will be updated in the link in the motion as well.

Wishing all a restful holiday season.

Best,

Jen _______________________________________________ council mailing list -- council@icann.org To unsubscribe send an email to council-leave@icann.org

_______________________________________________ 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.

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_______________________________________________ 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.