Apologies, the letter has already been sent I see! E. — On Mon, Jul 29, 2019 at 9:32 AM Elsa S <elsa.saade@gmail.com> wrote:

Hi Marie and Pam,

Thank you both for the emails and apologies for the late response.

If that is the case Pam, and the GNSO council’s vision is that ICANN org is best equipped to lead the effort, I feel stronger on Point five not being a distinctive point in the list. I would suggest adding that we’ve considered other avenues such as the GAC, in the introduction to the points instead!

My two cents here,

E. —

On Fri, Jul 26, 2019 at 12:57 AM Pam Little <pam.little@alibaba-inc.com> wrote:

...

Hi Marie & Elsa.

Apologies for the late response. The attached letter has been sent to Mandy Carver (VP for Government Engagement - Global Coordination) before Marie's email to the Council list.

With regard to Marie's question, I would note in our letter we (the Council) "encourage ICANN Org to establish a standardized process for community members to submit important legislative or regulatory changes to ICANN". So hopefully ICANN will take that into consideration and implement an appropriate process for community feedback and follow-up actions. As ICANN org and the community are still exploring how best to tackle this, I am confident that there will be more opportunities in the future for the Council to engage with ICANN org and get more clarity, if necessary.

With regard to Elsa's question, I agree with Marie's take. I seem to recall the idea of seeking GAC's assistance came from one of the Council members during our earlier discussions. But our subsequent conversations with the GAC were not encouraging. In short, #5 was not intended to single out the GAC but to let ICANN org know we did explore other avenues but it seems that, in the end, ICANN org is best equipped to lead this effort.

I hope this helps.

Kind regards,

Pam

------------------------------------------------------------------ Sender:Marie Pattullo <marie.pattullo@aim.be> Sent At:2019 Jul. 25 (Thu.) 01:55 Recipient:Elsa S <elsa.saade@gmail.com>; "Drazek, Keith" < kdrazek@verisign.com> Cc:gnso-secs@icann.org <gnso-secs@icann.org>; council-bounces@gnso.icann.org <council-bounces@gnso.icann.org>; council@gnso.icann.org <council@gnso.icann.org>

Subject:Re: [council] ICANN's Legislative/Regulatory Tracker -- Recommended Improvements

Hi all,

Sorry if I missed it, but where are we on this, please?

Also repeating my question from last week, “do we know how this will be used, as in: when they get community feedback, what will they actually do with it? Just add it to a list? Or is there a process envisaged to (e.g.) forward relevant updates to SOs/SGs/Cs or even external consultants/experts etc.? Should we ask them for clarity on that?”

Elsa, to your point below, as we suggested in the redraft, I think the highlighted bit may answer your question?

5. The GNSO Council considers the GAC to be an important partner in these discussions and we would be delighted if GAC members could alert us to draft legislation which might have an impact on ICANN’s contracts and policies. However, we understand that often the GAC is not in a position to be able to do so, so we believe the onus must ultimately fall on ICANN org to structure the dialogue and to monitor regulatory and legislative developments.

They/their colleagues will be the one doing such drafting so they should be a good resource, I think.

Kind regards.

Marie

*From:* council <council-bounces@gnso.icann.org> *On Behalf Of *Elsa S *Sent:* Wednesday, July 17, 2019 4:37 PM *To:* Drazek, Keith <kdrazek@verisign.com> *Cc:* council@gnso.icann.org; gnso-secs@icann.org; council-bounces@gnso.icann.org *Subject:* Re: [council] ICANN's Legislative/Regulatory Tracker -- Recommended Improvements

Thanks to all who worked on this draft. I have a question about the fifth line: i don’t see the point of singling out the GAC given that we have already mentioned the importance of community input and the need for ICANN to take the lead on structuring dialogue and monitoring in the other points.

For reference:

Fifth, the GNSO Council considers the GAC to be an important partner in these discussions and we would be delighted if they are able to alert us to potentially problematic legislation. However, we understand that often the GAC is not in a position to be able to do so, so we believe the onus must ultimately fall on ICANN org to structure the dialogue and to monitor regulatory and legislative developments.

Best,

Elsa

—

On Tue, Jul 16, 2019 at 5:59 AM Drazek, Keith via council < council@gnso.icann.org> wrote:

Hi all,

Thanks for all the good work on this response. I have added one more bullet to the letter, which acknowledges and supports further consideration of the potential for the CCEG-IG to serve a formal or informal collaborating function between ICANN Board, ICANN Org, and the community (including GAC) on this important work.

Best,

Keith

*From:* council <council-bounces@gnso.icann.org> *On Behalf Of *Pam Little *Sent:* Tuesday, July 16, 2019 10:08 AM *To:* Darcy Southwell <darcy.southwell@endurance.com>; philippe.fouquart@orange.com; council <council-bounces@gnso.icann.org> *Cc:* gnso-secs@icann.org; council@gnso.icann.org *Subject:* [EXTERNAL] Re: [council] ICANN's Legislative/Regulatory Tracker -- Recommended Improvements

Hi all,

Apologies - I inadvertently omitted the version that Flip posted earlier, which contained further changes to the third issue. Please use the attached version instead.

Kind regards,

Pam

------------------------------------------------------------------

Sender:PAMELALITTLE <pam.little@alibaba-inc.com>

Sent At:2019 Jul. 16 (Tue.) 09:01

Recipient:Darcy Southwell <darcy.southwell@endurance.com>; philippe.fouquart@orange.com <philippe.fouquart@orange.com>; council < council-bounces@gnso.icann.org>

Cc:gnso-secs@icann.org <gnso-secs@icann.org>; council@gnso.icann.org < council@gnso.icann.org>

Subject:Re: [council] ICANN's Legislative/Regulatory Tracker -- Recommended Improvements

Thank you very much to those who contributed to the draft.

I have made a few more suggested edits, including the following for clarity and to avoid repetition:

- add a definition: *ICANN’s contracts with registries and registrars, consensus policies, and policies in effect or in development (“ICANN’s Contracts and Policies”)*

- merge the second and fifth points to read:

· *Second, we encourage ICANN **org** to conduct standard regulatory impact assessments so that the community can understand the intended rationale for a law/regulation/directive, specific extracts of the proposed text that could have implications on ICANN’s Contracts and Policies, and outline concretely what implications are anticipated. A timeline should be included so the community can understand how imminent the law/regulation/directive is and when it needs to take action. Once such law or regulation has been adopted, ICANN **org** should undertake a compliance assessment as soon as possible to ensure sufficient time to address any deficiencies or issues.*

I suggest we aim to send the finalized version by COB this Friday 19th July. So if you have further edits or any concerns or objections, please post to the Council mailing list.

Kind regards,

Pam

------------------------------------------------------------------

Sender:Flip Petillion <fpetillion@petillion.law>

Sent At:2019 Jul. 16 (Tue.) 00:39

Recipient:Darcy Southwell <darcy.southwell@endurance.com>; philippe.fouquart@orange.com <philippe.fouquart@orange.com>

Cc:gnso-secs@icann.org <gnso-secs@icann.org>; council@gnso.icann.org < council@gnso.icann.org>

Subject:Re: [council] ICANN's Legislative/Regulatory Tracker -- Recommended Improvements

All:

I made a change in the third issue.

Best

Flip

Flip Petillion

fpetillion@petillion.law

+32484652653

www.petillion.law

[image: signature_2145422569] <http://www.petillion.law/>

Attorneys – Advocaten - Avocats

*From: *council <council-bounces@gnso.icann.org> on behalf of Darcy Southwell <darcy.southwell@endurance.com> *Date: *Friday, 12 July 2019 at 17:07 *To: *"philippe.fouquart@orange.com" <philippe.fouquart@orange.com> *Cc: *"gnso-secs@icann.org" <gnso-secs@icann.org>, " council@gnso.icann.org" <council@gnso.icann.org> *Subject: *Re: [council] ICANN's Legislative/Regulatory Tracker -- Recommended Improvements

All, I made a minor clarification in the fifth issue.

Thanks,

Darcy

On Tue, Jul 9, 2019 at 8:26 AM <philippe.fouquart@orange.com> wrote:

Thanks (and I don’t even have the holidays to blame :s ). Both Ayden’s points, and the rephrasing suggested by Darcy are excellent.

The first item relative to community’s input has been raised a number of times; I remember asking a question during a CSG meeting with the Board in Kobe. Not that the answer was unsatisfactory but it was hardly practical.

Ultimately, I think we need to keep in mind the primary goal of all this, ie (I think) should there be a “new GDPR in the making” (in terms of having an impact on policies), the community should be able to detect it with this tool. I’m not sure it would in its current state, so the points are well made.

Regards,

Philippe

*From:* council [mailto:council-bounces@gnso.icann.org] *On Behalf Of *McGrady, Paul D. *Sent:* Monday, July 08, 2019 1:30 PM *To:* Darcy Southwell; Ayden Férdeline; Steve Chan *Cc:* gnso-secs@icann.org; council@gnso.icann.org *Subject:* Re: [council] ICANN's Legislative/Regulatory Tracker -- Recommended Improvements

Thanks Darcy. These edits look great. Sorry so slow in responding. I was overtaken by the holiday!

Best,

Paul

*From:*Darcy Southwell <darcy.southwell@endurance.com> *Sent:* Monday, July 1, 2019 6:58 PM *To:* McGrady, Paul D. <PMcGrady@taftlaw.com>; Ayden Férdeline < icann@ferdeline.com>; Steve Chan <steve.chan@icann.org> *Cc:* gnso-secs@icann.org; council@gnso.icann.org *Subject:* Re: [council] ICANN's Legislative/Regulatory Tracker -- Recommended Improvements

Thanks for taking the lead, Ayden, and for your edits, Paul. I support Paul’s edits. I have proposed some additional edits in addition to Paul’s in the attached.

I think it may be better received if we qualify what we’re seeking from ICANN Org, rather than referencing ICANN activities, which could be perceived as so sweepingly broad that it’s not doable.

Thanks,

Darcy

*From: *council <council-bounces@gnso.icann.org> on behalf of "McGrady, Paul D." <PMcGrady@taftlaw.com> *Date: *Sunday, June 30, 2019 at 8:28 AM *To: *Ayden Férdeline <icann@ferdeline.com>, Steve Chan < steve.chan@icann.org> *Cc: *"gnso-secs@icann.org" <gnso-secs@icann.org>, " council@gnso.icann.org" <council@gnso.icann.org> *Subject: *Re: [council] ICANN's Legislative/Regulatory Tracker -- Recommended Improvements

Thanks Ayden.

All, attached is a revision version with a few edits, mostly around tone.

Best,

Paul

This message may contain information that is attorney-client privileged, attorney work product or otherwise confidential. If you are not an intended recipient, use and disclosure of this message are prohibited. If you received this transmission in error, please notify the sender by reply e-mail and delete the message and any attachments.

*From:* council <council-bounces@gnso.icann.org> *On Behalf Of *Ayden Férdeline *Sent:* Sunday, June 30, 2019 6:25 AM *To:* Steve Chan <steve.chan@icann.org> *Cc:* gnso-secs@icann.org; council@gnso.icann.org *Subject:* Re: [council] ICANN's Legislative/Regulatory Tracker -- Recommended Improvements

I have drafted a message on behalf of the Council for Council's consideration on this topic. This is based upon our previous conversations. Please find attached and pasted below my signature. Thanks.

Ayden Férdeline

--

*Recommended Improvements from the GNSO Council on ICANN Org Legislative Statement*

The GNSO Council supports ICANN org in its initiative to identify legislative and regulatory efforts across the globe that may have impacts on ICANN activities. However, we have some recommended improvements to the approach that ICANN org takes.

- First, the GNSO Council believes that the current, crowdsourced approach where the community is expected to identify errors and omissions in the Global Legislative and Regulatory Developments Report is inappropriate. If ICANN is a professional organization then its professional staff should be comprehensively monitoring the regulatory landscape within which we operate. - Second, we encourage ICANN org to conduct proper regulatory impact assessments so that the community can understand the intended rationale for a law/regulation/directive, specific extracts of the proposed text that could have implications on activities within ICANN’s remit, and outline concretely what implications are anticipated for ICANN. A timeline should be included so we understand how imminent the law/regulation/directive is and when we need to take action. - Third, we encourage ICANN org to partner with a professional firm to receive regular updates (at least every three months) focused on those key regions which cause the majority of concerns. These reports must be made available to ICANN community members in a timely manner. - Fourth, while the GNSO Council would be pleased to accept ongoing monitoring reports, we would also welcome the opportunity to be briefed at our face-to-face meetings by ICANN’s government relations team and to enter into a dialogue about issues that have the potential to cause us concern. - Fifth, once a law or regulation has been adopted, ICANN org must undertake a compliance assessment in order to fully understand what implications there may or may not be on ICANN activities. - Sixth, the GNSO Council considers the GAC to be an important partner in these discussions and we would be delighted if they are able to alert us to potentially problematic legislation. However, we understand that often the GAC is not in a position to be able to do so, so we believe the onus must ultimately fall on ICANN org to structure the dialogue and to monitor regulatory and legislative developments.

Thank you for welcoming our input.

‐‐‐‐‐‐‐ Original Message ‐‐‐‐‐‐‐

On Sunday, 23 June 2019 18:01, Steve Chan <steve.chan@icann.org> wrote:

Dear Ayden, Darcy, Erika, Flip, Michele, Phillipe and Tatiana,

In reviewing the Council’s action items, we recognized that the item below is still outstanding:

*Small group of Councilors* to develop draft message to ICANN Org to provide input on legislative tracker. Based on feedback, Council leadership to consider scheduling follow up discussion at ICANN65.

We wanted to bring this to your attention, as you all volunteered to work on this item. While the latter part of the action item (e.g., engaging at ICANN65) is likely impractical at this point, you may still want to draft a message to send to ICANN org. As Keith noted, please work together and let staff know if you need any assistance.

Best,

Steve

*From: *council <council-bounces@gnso.icann.org> on behalf of "Drazek, Keith via council" <council@gnso.icann.org> *Reply-To: *"Drazek, Keith" <kdrazek@verisign.com> *Date: *Thursday, April 4, 2019 at 7:35 PM *To: *"council@gnso.icann.org" <council@gnso.icann.org> *Cc: *"gnso-secs@icann.org" <gnso-secs@icann.org> *Subject: *[council] ICANN's Legislative/Regulatory Tracker -- Recommended Improvements

Ayden, Darcy, Erika, Flip, Michele, Phillipe and Tatiana:

During our GNSO Working Session in Kobe, the seven of you volunteered to help develop GNSO Council recommendations for improvements to ICANN’s current Legislative/Regulatory tracking effort.

As we discussed, ICANN’s work in this area is relatively new and still evolving, and we have an opportunity to engage with Theresa’s group to help shape their approach to ensure it is applicable to our policy work and process management responsibilities. While their work product is currently a spreadsheet, I recall we agreed it needs to go much deeper in analysis and demonstrate a predictive capability for where future or existing regulations impact GNSO policies, in effect now or under future development.

Please work together and with Staff to help kick off this important and timely work.

Thanks,

Keith

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Elsa Saade Consultant Gulf Centre for Human Rights Twitter: @Elsa_Saade

-- -- Elsa Saade Consultant Gulf Centre for Human Rights Twitter: @Elsa_Saade