Having said that, I would like to caution against charging staff with such an assignment as I don't think we would be in a position to take responsibility for identifying what does and what does not constitute public policy implications as that is really within the GAC's remit to determine. Of course, if there are any specific objective criteria that would assist the GAC in this task, those could possibly be added to the one-pagers. Best regards, Marika From: Olof Nordling <olof.nordling@icann.org> Date: Friday 10 January 2014 18:32 To: "Winterfeldt, Brian J." <brian.winterfeldt@kattenlaw.com>, "GAC-GNSO-CG@icann.org" <GAC-GNSO-CG@icann.org> Subject: Re: [Gac-gnso-cg] TO DO: GNSO / GAC Early Engagement Document Brian and all, Actually, there is a system in place already, close to what you are requesting: for each active GNSO PDP (and for ccNSO as well), a monthly one-pager update is produced, posted on the GAC website, notified on the GAC mailing list and translated into six languages. That said, currently these one-pagers do not specifically identify or highlight public policy implications, so I believe your request can be focused on that aspect, given the existing information structure as a basis. Very best regards Olof From: gac-gnso-cg-bounces@icann.org [mailto:gac-gnso-cg-bounces@icann.org] On Behalf Of Winterfeldt, Brian J. Sent: Friday, January 10, 2014 5:00 PM To: GAC-GNSO-CG@icann.org Subject: Re: [Gac-gnso-cg] TO DO: GNSO / GAC Early Engagement Document Dear all: I think the updated version of the document looks great, and would only add one inquiry to the Working Group phase of the PDP, namely whether it is possible to create a neutral party, possibly within ICANN staff, charged with flagging any PDPs with clear public policy implications for the GAC. The aim is to lighten their load in making sure that PDPs with obvious policy implications, such as the recently initiated Privacy and Proxy Services Accreditation PDP, do not slip through any cracks. It would be great to hear views on this suggestion. Thank you, Brian Brian J. Winterfeldt Head of Internet Practice Katten Muchin Rosenman LLP 2900 K Street NW, North Tower - Suite 200 / Washington, DC 20007-5118 p / (202) 625-3562 f / (202) 339-8244 brian.winterfeldt@kattenlaw.com / www.kattenlaw.com <http://www.kattenlaw.com/> From: gac-gnso-cg-bounces@icann.org [mailto:gac-gnso-cg-bounces@icann.org] On Behalf Of Jonathan Robinson Sent: Tuesday, January 07, 2014 8:53 AM To: GAC-GNSO-CG@icann.org Subject: [Gac-gnso-cg] GNSO / GAC Early Engagement Document All, For our records, an updated version of document which tracks current and purposed mechanisms for GAC engagement in the GNSO PDP. Jonathan =========================================================== CIRCULAR 230 DISCLOSURE: Pursuant to Regulations Governing Practice Before the Internal Revenue Service, any tax advice contained herein is not intended or written to be used and cannot be used by a taxpayer for the purpose of avoiding tax penalties that may be imposed on the taxpayer. =========================================================== CONFIDENTIALITY NOTICE: This electronic mail message and any attached files contain information intended for the exclusive use of the individual or entity to whom it is addressed and may contain information that is proprietary, privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any viewing, copying, disclosure or distribution of this information may be subject to legal restriction or sanction. Please notify the sender, by electronic mail or telephone, of any unintended recipients and delete the original message without making any copies. =========================================================== NOTIFICATION: Katten Muchin Rosenman LLP is an Illinois limited liability partnership that has elected to be governed by the Illinois Uniform Partnership Act (1997). ===========================================================

Marika Thanks - yes, good point. The GAC needs to get into a position of being able to sift the PDPs quickly in order to identify only those where it has a substantial public policy interest which would merit direct involvement in the policy development. How we get to that decision stage is dependant on the information submitted to the GAC. This information should capture the essence of each proposal as concisely as possible but should not pre-empt GAC consideration of its response: it should not be in the form of advice or a recommendation. I expect in more complex proposals, some discussion around the GAC table may be needed with the ability to ask questions of experts for clarification but I hope that this step of GAC assessment of public policy interest will be easier to facilitate than it sounds! I expect it is also quite possible that a substantive public policy interest may not emerge until some time after the PDP has been launched so I guess some kind of a trigger would be required for reverting the PDP notification process back to the GAC for it to consider possible involvement. I hope that these comments are helpful. Kind regards Mark Mark Carvell United Kingdom Representative on the Governmental Advisory Committee of ICANN From: gac-gnso-cg-bounces@icann.org [mailto:gac-gnso-cg-bounces@icann.org] On Behalf Of Marika Konings Sent: 10 January 2014 17:39 To: Olof Nordling; Winterfeldt, Brian J.; GAC-GNSO-CG@icann.org Subject: Re: [Gac-gnso-cg] TO DO: GNSO / GAC Early Engagement Document Having said that, I would like to caution against charging staff with such an assignment as I don't think we would be in a position to take responsibility for identifying what does and what does not constitute public policy implications as that is really within the GAC's remit to determine. Of course, if there are any specific objective criteria that would assist the GAC in this task, those could possibly be added to the one-pagers. Best regards, Marika From: Olof Nordling <olof.nordling@icann.org<mailto:olof.nordling@icann.org>> Date: Friday 10 January 2014 18:32 To: "Winterfeldt, Brian J." <brian.winterfeldt@kattenlaw.com<mailto:brian.winterfeldt@kattenlaw.com>>, "GAC-GNSO-CG@icann.org<mailto:GAC-GNSO-CG@icann.org>" <GAC-GNSO-CG@icann.org<mailto:GAC-GNSO-CG@icann.org>> Subject: Re: [Gac-gnso-cg] TO DO: GNSO / GAC Early Engagement Document Brian and all, Actually, there is a system in place already, close to what you are requesting: for each active GNSO PDP (and for ccNSO as well), a monthly one-pager update is produced, posted on the GAC website, notified on the GAC mailing list and translated into six languages. That said, currently these one-pagers do not specifically identify or highlight public policy implications, so I believe your request can be focused on that aspect, given the existing information structure as a basis. Very best regards Olof From: gac-gnso-cg-bounces@icann.org<mailto:gac-gnso-cg-bounces@icann.org> [mailto:gac-gnso-cg-bounces@icann.org] On Behalf Of Winterfeldt, Brian J. Sent: Friday, January 10, 2014 5:00 PM To: GAC-GNSO-CG@icann.org<mailto:GAC-GNSO-CG@icann.org> Subject: Re: [Gac-gnso-cg] TO DO: GNSO / GAC Early Engagement Document Dear all: I think the updated version of the document looks great, and would only add one inquiry to the Working Group phase of the PDP, namely whether it is possible to create a neutral party, possibly within ICANN staff, charged with flagging any PDPs with clear public policy implications for the GAC. The aim is to lighten their load in making sure that PDPs with obvious policy implications, such as the recently initiated Privacy and Proxy Services Accreditation PDP, do not slip through any cracks. It would be great to hear views on this suggestion. Thank you, Brian Brian J. Winterfeldt Head of Internet Practice Katten Muchin Rosenman LLP 2900 K Street NW, North Tower - Suite 200 / Washington, DC 20007-5118 p / (202) 625-3562 f / (202) 339-8244 brian.winterfeldt@kattenlaw.com<mailto:brian.winterfeldt@kattenlaw.com> / www.kattenlaw.com<http://www.kattenlaw.com/> From: gac-gnso-cg-bounces@icann.org<mailto:gac-gnso-cg-bounces@icann.org> [mailto:gac-gnso-cg-bounces@icann.org] On Behalf Of Jonathan Robinson Sent: Tuesday, January 07, 2014 8:53 AM To: GAC-GNSO-CG@icann.org<mailto:GAC-GNSO-CG@icann.org> Subject: [Gac-gnso-cg] GNSO / GAC Early Engagement Document All, For our records, an updated version of document which tracks current and purposed mechanisms for GAC engagement in the GNSO PDP. Jonathan =========================================================== CIRCULAR 230 DISCLOSURE: Pursuant to Regulations Governing Practice Before the Internal Revenue Service, any tax advice contained herein is not intended or written to be used and cannot be used by a taxpayer for the purpose of avoiding tax penalties that may be imposed on the taxpayer. =========================================================== CONFIDENTIALITY NOTICE: This electronic mail message and any attached files contain information intended for the exclusive use of the individual or entity to whom it is addressed and may contain information that is proprietary, privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any viewing, copying, disclosure or distribution of this information may be subject to legal restriction or sanction. Please notify the sender, by electronic mail or telephone, of any unintended recipients and delete the original message without making any copies. =========================================================== NOTIFICATION: Katten Muchin Rosenman LLP is an Illinois limited liability partnership that has elected to be governed by the Illinois Uniform Partnership Act (1997). =========================================================== This email was received from the INTERNET and scanned by the Government Secure Intranet anti-virus service supplied by Vodafone in partnership with Symantec. (CCTM Certificate Number 2009/09/0052.) In case of problems, please call your organisation's IT Helpdesk. Communications via the GSi may be automatically logged, monitored and/or recorded for legal purposes. **************************************************************************** This email and its contents are the property of the Department for Culture, Media and Sport. 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Many thanks Brian for the suggestion .. As Olof mentioned there is a system already in place which, I believe, is not yet fully utilized .. When we first discussed this, I recall that the GAC requested to receive everything and make its own decision on what involves public policy and what does not .. Having said that, I just want to make sure that this is still the case .. So my understanding, and I would very much appreciate being corrected by my GAC colleagues, my understanding is that GAC members want to receive everything, yet in a shorter, brief, well-structured format highlighting any developments or differences from previous versions .. Is this correct? Does this still hold? So Gema, does the text below mean that: - The GAC would like to receive Only issues revealing public policy interests as scanned by GAC Secretariat, or - The GAC would like to receive everything and make its own decision, or - The GAC would like to receive everything and make its own decision, yet the GAC would also like to receive further notifications from GAC secretariat on certain important issues? Do we have criteria for those? Sincere apologies if I have misunderstood the text .. Kind Regards --Manal From: gac-gnso-cg-bounces@icann.org [mailto:gac-gnso-cg-bounces@icann.org] On Behalf Of Campillos Gonzalez, Gema Maria Sent: Monday, January 13, 2014 1:50 PM To: Olof Nordling; Winterfeldt, Brian J.; GAC-GNSO-CG@icann.org Subject: Re: [Gac-gnso-cg] TO DO: GNSO / GAC Early Engagement Document Dear all, I´m glad the importance of highlighting public policy issues is noted. This need was also underlined in the proposals made by the WG on GAC working methods, but we assigned this task to the GAC Secretariat. I copy the paragraphs dealing with this issue in the recap paper for BA of the work done by the WG. Drafting papers containing background information and explaining the public policy aspects relating to each agenda issue along with other interests affected and if known, the positions of other constituencies in ICANN. (Page 2 of the recap paper for BA) In relation to the GAC Early Engagement in GNSO Policy Development Process, GAC members would appreciate if the GAC Secretariat, who is the recipient of notices of new developments in a PDP, prepared each time a brief note to the GAC summarizing the main new elements since the previous notice, and advising the GAC of public policy issues that deserve attention. Early Engagement documents are available at the GAC website in different languages and the GAC is advised of these postings through its mailing list. The latest post is an October update from the GNSO PDPs. At the bottom of the page, there´s a link to the monthly policy updates provided by ICANN. As this information can be hard to follow and assess for GAC members, the Secretariat could scan these notices to find issues revealing public policy interests and prepare a brief note to grab the attention of the GAC to them. (Pages 9-10 of recap paper for BA) Cheers, Gema De: gac-gnso-cg-bounces@icann.org [mailto:gac-gnso-cg-bounces@icann.org] En nombre de Olof Nordling Enviado el: viernes, 10 de enero de 2014 18:32 Para: Winterfeldt, Brian J.; GAC-GNSO-CG@icann.org Asunto: Re: [Gac-gnso-cg] TO DO: GNSO / GAC Early Engagement Document Brian and all, Actually, there is a system in place already, close to what you are requesting: for each active GNSO PDP (and for ccNSO as well), a monthly one-pager update is produced, posted on the GAC website, notified on the GAC mailing list and translated into six languages. That said, currently these one-pagers do not specifically identify or highlight public policy implications, so I believe your request can be focused on that aspect, given the existing information structure as a basis. Very best regards Olof From: gac-gnso-cg-bounces@icann.org [mailto:gac-gnso-cg-bounces@icann.org] On Behalf Of Winterfeldt, Brian J. Sent: Friday, January 10, 2014 5:00 PM To: GAC-GNSO-CG@icann.org Subject: Re: [Gac-gnso-cg] TO DO: GNSO / GAC Early Engagement Document Dear all: I think the updated version of the document looks great, and would only add one inquiry to the Working Group phase of the PDP, namely whether it is possible to create a neutral party, possibly within ICANN staff, charged with flagging any PDPs with clear public policy implications for the GAC. The aim is to lighten their load in making sure that PDPs with obvious policy implications, such as the recently initiated Privacy and Proxy Services Accreditation PDP, do not slip through any cracks. It would be great to hear views on this suggestion. Thank you, Brian Brian J. Winterfeldt Head of Internet Practice Katten Muchin Rosenman LLP 2900 K Street NW, North Tower - Suite 200 / Washington, DC 20007-5118 p / (202) 625-3562 f / (202) 339-8244 brian.winterfeldt@kattenlaw.com / www.kattenlaw.com <http://www.kattenlaw.com/> From: gac-gnso-cg-bounces@icann.org [mailto:gac-gnso-cg-bounces@icann.org] On Behalf Of Jonathan Robinson Sent: Tuesday, January 07, 2014 8:53 AM To: GAC-GNSO-CG@icann.org Subject: [Gac-gnso-cg] GNSO / GAC Early Engagement Document All, For our records, an updated version of document which tracks current and purposed mechanisms for GAC engagement in the GNSO PDP. Jonathan =========================================================== CIRCULAR 230 DISCLOSURE: Pursuant to Regulations Governing Practice Before the Internal Revenue Service, any tax advice contained herein is not intended or written to be used and cannot be used by a taxpayer for the purpose of avoiding tax penalties that may be imposed on the taxpayer. =========================================================== CONFIDENTIALITY NOTICE: This electronic mail message and any attached files contain information intended for the exclusive use of the individual or entity to whom it is addressed and may contain information that is proprietary, privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any viewing, copying, disclosure or distribution of this information may be subject to legal restriction or sanction. Please notify the sender, by electronic mail or telephone, of any unintended recipients and delete the original message without making any copies. =========================================================== NOTIFICATION: Katten Muchin Rosenman LLP is an Illinois limited liability partnership that has elected to be governed by the Illinois Uniform Partnership Act (1997). ===========================================================

Many thanks Gema for your prompt clarification .. As you said this particular aspect of the proposal was not discussed in BA .. So it's good that we explicitly agree on what's intended by the text .. Kind Regards --Manal Sent from my iPhone On Jan 14, 2014, at 7:34 PM, "Campillos Gonzalez, Gema Maria" <GCAMPILLOS@minetur.es> wrote:

Dear Manal and colleagues,

I´ve been carefully going through the set of proposals we, at the WG on GAC Working methods, prepared for the Buenos Aires meeting and I can´t find any which recommends to filter information to the GAC on initiated PDPs or generally speaking, any issues discussed at ICANN constituencies on the basis of its public policy implications. So, I would say the third option is the correct one. I didn´t attend the BA meeting, but as far as I know, this particular aspect of the proposals was not discussed.

I dare to say that the GAC prefers to receive notices of all issues to assess by itself if they deserve public policy attention, in case some implications are overlooked at the beginning of the PDP or only transpire later when the policy is developed.

The criteria for the GAC Secretariat to highlight some issues over others are only their possible effects on public policy goals. We didn´t provided specific examples or elaborated this further.

Best regards,

Gema

De: Manal Ismail [mailto:manal@tra.gov.eg] Enviado el: martes, 14 de enero de 2014 14:15 Para: Campillos Gonzalez, Gema Maria; Olof Nordling; Winterfeldt, Brian J.; GAC-GNSO-CG@icann.org Asunto: RE: [Gac-gnso-cg] TO DO: GNSO / GAC Early Engagement Document

Many thanks Brian for the suggestion .. As Olof mentioned there is a system already in place which, I believe, is not yet fully utilized ..

When we first discussed this, I recall that the GAC requested to receive everything and make its own decision on what involves public policy and what does not .. Having said that, I just want to make sure that this is still the case .. So my understanding, and I would very much appreciate being corrected by my GAC colleagues, my understanding is that GAC members want to receive everything, yet in a shorter, brief, well-structured format highlighting any developments or differences from previous versions .. Is this correct? Does this still hold?

So Gema, does the text below mean that: - The GAC would like to receive Only issues revealing public policy interests as scanned by GAC Secretariat, or - The GAC would like to receive everything and make its own decision, or - The GAC would like to receive everything and make its own decision, yet the GAC would also like to receive further notifications from GAC secretariat on certain important issues? Do we have criteria for those? Sincere apologies if I have misunderstood the text ..

Kind Regards --Manal

From: gac-gnso-cg-bounces@icann.org [mailto:gac-gnso-cg-bounces@icann.org] On Behalf Of Campillos Gonzalez, Gema Maria Sent: Monday, January 13, 2014 1:50 PM To: Olof Nordling; Winterfeldt, Brian J.; GAC-GNSO-CG@icann.org Subject: Re: [Gac-gnso-cg] TO DO: GNSO / GAC Early Engagement Document

Dear all,

I´m glad the importance of highlighting public policy issues is noted. This need was also underlined in the proposals made by the WG on GAC working methods, but we assigned this task to the GAC Secretariat. I copy the paragraphs dealing with this issue in the recap paper for BA of the work done by the WG.

Drafting papers containing background information and explaining the public policy aspects relating to each agenda issue along with other interests affected and if known, the positions of other constituencies in ICANN. (Page 2 of the recap paper for BA)

In relation to the GAC Early Engagement in GNSO Policy Development Process, GAC members would appreciate if the GAC Secretariat, who is the recipient of notices of new developments in a PDP, prepared each time a brief note to the GAC summarizing the main new elements since the previous notice, and advising the GAC of public policy issues that deserve attention.

Early Engagement documents are available at the GAC website in different languages and the GAC is advised of these postings through its mailing list. The latest post is an October update from the GNSO PDPs. At the bottom of the page, there´s a link to the monthly policy updates provided by ICANN. As this information can be hard to follow and assess for GAC members, the Secretariat could scan these notices to find issues revealing public policy interests and prepare a brief note to grab the attention of the GAC to them. (Pages 9-10 of recap paper for BA)

Cheers,

Gema

De: gac-gnso-cg-bounces@icann.org [mailto:gac-gnso-cg-bounces@icann.org] En nombre de Olof Nordling Enviado el: viernes, 10 de enero de 2014 18:32 Para: Winterfeldt, Brian J.; GAC-GNSO-CG@icann.org Asunto: Re: [Gac-gnso-cg] TO DO: GNSO / GAC Early Engagement Document

Brian and all, Actually, there is a system in place already, close to what you are requesting: for each active GNSO PDP (and for ccNSO as well), a monthly one-pager update is produced, posted on the GAC website, notified on the GAC mailing list and translated into six languages. That said, currently these one-pagers do not specifically identify or highlight public policy implications, so I believe your request can be focused on that aspect, given the existing information structure as a basis. Very best regards Olof

From: gac-gnso-cg-bounces@icann.org [mailto:gac-gnso-cg-bounces@icann.org] On Behalf Of Winterfeldt, Brian J. Sent: Friday, January 10, 2014 5:00 PM To: GAC-GNSO-CG@icann.org Subject: Re: [Gac-gnso-cg] TO DO: GNSO / GAC Early Engagement Document

Dear all:

I think the updated version of the document looks great, and would only add one inquiry to the Working Group phase of the PDP, namely whether it is possible to create a neutral party, possibly within ICANN staff, charged with flagging any PDPs with clear public policy implications for the GAC.

The aim is to lighten their load in making sure that PDPs with obvious policy implications, such as the recently initiated Privacy and Proxy Services Accreditation PDP, do not slip through any cracks. It would be great to hear views on this suggestion.

Thank you,

Brian

Brian J. Winterfeldt Head of Internet Practice Katten Muchin Rosenman LLP 2900 K Street NW, North Tower - Suite 200 / Washington, DC 20007-5118 p / (202) 625-3562 f / (202) 339-8244 brian.winterfeldt@kattenlaw.com / www.kattenlaw.com

From: gac-gnso-cg-bounces@icann.org [mailto:gac-gnso-cg-bounces@icann.org] On Behalf Of Jonathan Robinson Sent: Tuesday, January 07, 2014 8:53 AM To: GAC-GNSO-CG@icann.org Subject: [Gac-gnso-cg] GNSO / GAC Early Engagement Document

All,

For our records, an updated version of document which tracks current and purposed mechanisms for GAC engagement in the GNSO PDP.

Jonathan

=========================================================== CIRCULAR 230 DISCLOSURE: Pursuant to Regulations Governing Practice Before the Internal Revenue Service, any tax advice contained herein is not intended or written to be used and cannot be used by a taxpayer for the purpose of avoiding tax penalties that may be imposed on the taxpayer. =========================================================== CONFIDENTIALITY NOTICE: This electronic mail message and any attached files contain information intended for the exclusive use of the individual or entity to whom it is addressed and may contain information that is proprietary, privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any viewing, copying, disclosure or distribution of this information may be subject to legal restriction or sanction. Please notify the sender, by electronic mail or telephone, of any unintended recipients and delete the original message without making any copies. =========================================================== NOTIFICATION: Katten Muchin Rosenman LLP is an Illinois limited liability partnership that has elected to be governed by the Illinois Uniform Partnership Act (1997). ===========================================================