Dear all, Please find below the final proposed agenda for the GNSO Council Meeting on 17 November 2022. Draft GNSO Council Agenda 17 November 2022 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/nwjVD. This agenda was established according to the GNSO Operating Procedures<https://gnso.icann.org/sites/default/files/file/field-file-attach/op-procedu...> v3.5, updated on 24 October 2019 For convenience: * An excerpt of the ICANN Bylaws defining the voting thresholds is provided in Appendix 1 at the end of this agenda. * An excerpt from the Council Operating Procedures defining the absentee voting procedures is provided in Appendix 2 at the end of this agenda. GNSO Council meeting on Thursday, 17 November 2022 at 05:00 UTC: https://tinyurl.com/eff6e79n (Wednesday) 21:00 Los Angeles; (Thursday) 00:00 Washington DC; 05:00 London; 06:00 Paris; 08:00 Moscow; 16:00 Melbourne GNSO Council Meeting Remote Participation: https://icann.zoom.us/j/92399217049?pwd=WU1GZmlaOTh6NzJ1NndkRVF0MnJEUT09 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 minutes) 1.1 - Roll Call 1.2 - Updates to Statements of Interest 1.3 - Review / Amend Agenda 1.4 - Note the status of minutes for the previous Council meetings per the GNSO Operating Procedures: Minutes of the GNSO Council meeting on 21 September 2022 part 1<https://icann.zoom.us/j/92399217049?pwd=WU1GZmlaOTh6NzJ1NndkRVF0MnJEUT09> and part 2<https://gnso.icann.org/sites/default/files/policy/2022/minutes/minutes-gnso-...> were posted on 15 October 2022. Minutes<https://gnso.icann.org/sites/default/files/policy/2022/minutes/minutes-gnso-...> of the GNSO Council meeting on 20 October 2022 were posted on 04 November 2022. Item 2: Opening Remarks / Review of Projects & Action List (0 minutes) 2.1 - Review focus areas and provide updates on specific key themes / topics, to include review of Projects List <https://gnso.icann.org/en/council/project> and Action Item List. <https://community.icann.org/x/RgZlAg> Item 3: Consent Agenda (5 minutes) * Acknowledgment of John McElwaine to serve as Council liaison to the Rights Protection Mechanisms (RPMs) Implementation Review Team (IRT) * Acknowledgment of the Expedited PDP on Internationalized Domain Names (IDNs) Project Change Request <https://gnso.icann.org/sites/default/files/policy/2022/correspondence/folly-...> (PCR) Item 4: COUNCIL VOTE - Whois Disclosure System Next Steps (15 minutes) The proposed design of the Whois Disclosure System was published prior to ICANN75 and ICANN org provided a presentation of the system design to the EPDP Phase 2 small team during ICANN75. Subsequently, the small team and Council held initial discussions amongst themselves, as well as with the Board. The small team has continued to meet to determine whether 1) does the Whois Disclosure System align with the expectations as set out in the small team’s preliminary report, 2) will implementation of the Whois Disclosure System deliver the information to help inform Council-Board consultations on the cost-benefit of the SSAD recommendations, 3) Does the small team recommend to the GNSO Council that it requests the ICANN Board to proceed with the implementation of the Whois Disclosure System. The small team was working to record its conclusions in an addendum to the preliminary report but had not yet completed its work in time for the October Council meeting; instead, the Council received an update on the status of the small team. The small team completed the addendum<https://gnso.icann.org/sites/default/files/policy/2022/correspondence/ducos-...> to the preliminary report, which was circulated on 7 November 2022 for the Council’s review. Here, the Council will vote to adopt the addendum to the report from the small team on the Whois Disclosure System. 4.1 – Presentation of motion<https://community.icann.org/x/oQjVD> (Sebastien Ducos, small team lead) 4.2 – Council discussion 4.3 - Council vote (voting threshold: simple majority) Item 5: COUNCIL VOTE - Registration Data Accuracy Scoping Team - Adoption of Recommendation #3 (15 minutes) The Registration Data Accuracy (RDA) Scoping Team was initiated by the GNSO Council in July 2021 per the formation instructions<https://gnso.icann.org/sites/default/files/file/field-file-attach/registrati...>. The Scoping Team was tasked with considering a number of accuracy-related factors such as the current enforcement, reporting, measurement, and overall effectiveness of accuracy-related efforts. These considerations are to help inform the team’s deliberations and development of recommendations to the GNSO Council on whether any changes are recommended to improve accuracy levels, and, if so, how and by whom these changes would need to be developed (for example, if changes to existing contractual requirements are recommended, a PDP or contractual negotiations may be necessary to effect a change). The Scoping Team has completed Assignment #1 (enforcement and reporting) and Assignment #2 (measurement of accuracy) and submitted its write up<https://mm.icann.org/pipermail/council/2022-September/025950.html> to the Council on 5 September 2022. In the write up, the group is suggesting moving forward with two proposals that would not require access to registration data, namely a registrar survey (recommendation #1) and a possible registrar audit (recommendation #2) that may help further inform the team’s work on assignment #3 (effectiveness) and #4 (impact & improvements), while it awaits the outcome of the outreach to the European Data Protection Board (EDPB) by ICANN org in relation to proposals that would require access to registration data (recommendation #3). As has been communicated previously, Michael Palage has confirmed his resignation as Chair of this group to the Council. The Council will need to consider the proper timing for identifying a new Chair for this effort. During the October Council meeting, the Council discussed whether to approve recommendations #1 and #2 put forward by the Scoping Team (e.g., registrar survey and/or registrar audit) or instead, to defer consideration of recommendations #1 and #2, pending resolution of recommendation #3 (pausing the work on proposals that require access to registration data until there is clarity from ICANN org on if/how it anticipates the requesting and processing of registration data to be undertaken in the context of measuring accuracy). Here, the Council will decide how to proceed with the recommendations of the Registration Data Accuracy Scoping Team. 5.1 – Presentation of motion<https://community.icann.org/x/oQjVD> (Greg Dibiase, Council vice-chair) 5.2 – Council discussion 5.3 - Council vote (voting threshold: simple majority) Item 6: COUNCIL VOTE - DNS Abuse Small Team Report (15 minutes) At ICANN72, the GNSO Council agreed to establish a small team to consider and recommend next steps for the Council related to DNS abuse, if any. An assignment form<https://community.icann.org/download/attachments/178587048/Small%20Team%20As...> was drafted and the team held its first meeting 9 February 2022. The team performed outreach to interested community groups to better understand what DNS abuse related issues need to be addressed specifically via gTLD policy development. The small team considered this same question amongst its members and respective SG/Cs. The Council sent outreach letters to the ALAC, GAC, SSAC, and the DNS Abuse Institute and received input from all of these groups, as well as from a number of the SG/Cs. The small team carefully considered all input received and has reached agreement on a set of 4 recommendations. The small team reached these conclusions by thinking of DNS abuse as taking place in phases (e.g., malicious domain registration/domain being compromised, DNS abuse being reported, action being taken by a well-positioned party). These phases helped the small team to better understand which elements are best addressed via policy development versus another mechanism. To that end, the small team has concluded that improvements in DNS abuse mitigation can be sought via three buckets: through education / communication / outreach, through contractual negotiations, and/or policy development. The small team delivered its report<https://gnso.icann.org/sites/default/files/policy/2022/correspondence/dns-ab...> to Council on 10 October 2022 and the report was discussed during the October Council meeting. Here, the Council will vote to accept recommendations #2 (bulk registrations), #3 (reporting of DNS Abuse), and #4 (action & enforcement) as contained in the report. The Council will also vote to commit to considering the requested actions under recommendation #1 (malicious registrations), after assessing the impact from recommendations #2, #3, and #4. 6.1 – Presentation of motion<https://community.icann.org/x/oQjVD> (Mark Datysgeld, small team co-lead) 6.2 – Council discussion 6.3 - Council vote (voting threshold: simple majority) Item 7: COUNCIL DISCUSSION - Uniform Domain Name Dispute Resolution Policy (UDRP) Review 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 discussed the need to review the RPMs charter in advance of launching Phase 2 of the PDP, which is focused on the UDRP. The Council discussed the best path forward and determined that a Policy Status Report (PSR) should be requested to understand if new issues or information have emerged that could be relevant to a comprehensive policy review. The Council discussed the approach for the PSR with ICANN org’s Global Domains & Strategy (GDS) team over the course of several meetings in 2021, agreeing on the scope and purpose of the PSR during the October 2021 Council meeting. GDS completed the draft PSR and published it for public comment on 3 March 2022; the revised PSR was shared with the Council on 18 July 2022 and the Council then received a briefing from GDS during the July meeting. Based on discussion during that meeting, there seemed to be support from a number of Councilors to delay next steps for various reasons, including the considerable amount of existing Council work competing for attention. Here, the Council will consider appropriate next steps for the review of the UDRP, which could include delaying work currently and identifying a triggering mechanism to recommence the work in the future. 7.1 – Introduction of topic (Council leadership) 7.2 – Council discussion 7.3 – Next steps Item 8: COUNCIL DISCUSSION - Expired Domain Deletion Policy and the Expired Registration Recovery Policy Next Steps (15 minutes) In October 2020, the GNSO Council considered when to request a Policy Status Report to conduct a review of the two Expiration Policies, the Expired Domain Deletion Policy (EDDP) and the Expired Registration Recovery Policy (ERRP). Given concerns about capacity, along with the general perception that no known issues have presented themselves, the Council agreed in November 2020 to delay the request for the Policy Status Report (PSR) that had been identified by the Action Decision Radar as requiring consideration; the deferral was for a period of 24 months, necessitating consideration November 2022. In July 2022, the Council agreed that it would be helpful to check with the registrars and ICANN Compliance to help determine if there are any known issues or concerns with either of the two Expiration Policies which could warrant requesting a PSR. A report from Contractual Compliance<https://mm.icann.org/pipermail/council/2022-November/026164.html> was shared with the Council on 1 November 2022 and feedback from the registrars has been shared in the past on previous Council calls. Here, the Council will receive a briefing on the report from ICANN Compliance and time permitting, consider potential next steps. 8.1 – Introduction of topic (Council leadership) 8.2 – Presentation (ICANN Compliance) 8.3 – Council discussion 8.4 – Next steps Item 9: COUNCIL DISCUSSION - Council Committee for Overseeing and Implementing Continuous Improvements (CCOICI) - Work Stream 2 (WS2) (10 minutes) The Council received a brief update on WS2 from ICANN org during its September 2021 meeting and received a more detailed update in February 2022, to better understand the level of progress it has already made via already completed work (e.g., the development of guidelines and templates to support the GNSO as a Decisional Participant in the Empowered Community) and the limited set of remaining WS2 tasks. The Council then considered the best path forward to complete the remaining work and agreed to extend the CCOICI pilot to include the WS2 work. The CCOICI has now completed this assignment and shared its WS2 Recommendations Report<https://mm.icann.org/pipermail/council/attachments/20221104/e04b754d/CCOICIW...> on 4 November 2022. Here, the Council will receive an update on the report, in advance of a potential vote on the report in December 2022. 9.1 – Introduction of topic (Olga Cavalli, Chair of the CCOICI) 9.2 – Council discussion 9.3 – Next steps Item 10: COUNCIL DISCUSSION - SPS planning (10 minutes) The GNSO Council will hold its Strategic Planning Session (SPS) from 14-16 December in Los Angeles, a return to the face to face format. The Council leadership team has been coordinating with GNSO support staff on the planning of this event and has put together a proposed agenda for the SPS. The themes and agenda for the SPS are inspired by and take into account input received to date from Councilors through the early input survey that was circulated in July of this year and discussion during October. Here, Council leadership will review the agenda for the SPS. 10.1 – Introduction of topic (Council leadership) 10.2 – Council discussion 10.3 – Next steps Item 11: ANY OTHER BUSINESS (10 minutes) 11.1 – New CCOICI Chair - Olga Cavalli agreed to finish the CCOICI’s assignment on WS2 following her departure from the Council at ICANN75. Now that the CCOICI has submitted the WS2 recommendations report, a new chair will need to be found. Per the CCOICI charter<https://community.icann.org/x/xoMZCg> “The committee would be chaired by a member of the Council who would serve in ex-officio capacity”. Note that the only remaining CCOICI activity as part of the pilot project is to review any public comments received in relation to the WG Self-Assessment and finalize the report for submission to the GNSO Council. 11.2 - Vacant Council Liaison positions (TPR) _______________________________ Appendix 1: GNSO Council Voting Thresholds (ICANN Bylaws, Article 11, Section 11.3(i)) See https://www.icann.org/resources/pages/governance/bylaws-en/#article11. Appendix 2: GNSO Council Absentee Voting Procedures (GNSO Operating Procedures, Section 4.4) See https://gnso.icann.org/sites/default/files/file/field-file-attach/op-procedu... References for Coordinated Universal Time of 05:00 UTC Local time between November and March in the NORTHERN hemisphere ---------------------------------------------------------------------------- California, USA (PST) UTC-8 (Wednesday) 21:00 San José, Costa Rica (CST) UTC-6 (Wednesday) 23:00 New York/Washington DC, USA (EST) UTC-5 (Thursday) 00:00 Buenos Aires, Argentina (ART) UTC-3 02:00 Rio de Janeiro, Brazil (BRT) UTC-3 02:00 London, United Kingdom (GMT) UTC+0 05:00 Kinshasa, Democratic Republic of Congo (WAT) UTC+1 06:00 Paris, France (CET) UTC+1 06:00 Moscow, Russia (MSK) UTC+3 08:00 Singapore (SGT) UTC+8 13:00 Melbourne, Australia (AEDT) UTC+11 16:00 ---------------------------------------------------------------------------- DST starts on Sunday 26 March 2023, 2:00 or 3:00 local time (with exceptions) for EU countries and on Sunday 12 March 2023 for the U.S. DST ends on Sunday 29 October 2023 for EU countries, and on Sunday 05 November 2023 for the US. ---------------------------------------------------------------------- For other places see http://www.timeanddate.com<http://www.timeanddate.com/> and https://tinyurl.com/eff6e79n