Regarding question 3, my aim is to adopt language that actually expresses a standard that can be determined.  "Legitimate" is extremely vague.  I note some have said not much would be lost by deleting it but I also note the interpretation that it has to do with compliance with applicable law and rules so I suggest replacement language as follows in Question 3 of the Human  Rights paragraph:

(3) Does the proposed action conform with applicable law and rules?

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


On Thu, Jan 8, 2026 at 7:53 AM Vivek Goyal via gnso-dnsabuse-smallteam <gnso-dnsabuse-smallteam@icann.org> wrote:
Agree with Susan and Sam’s suggestions.

Vivek

From: Mohr, Susan via gnso-dnsabuse-smallteam <gnso-dnsabuse-smallteam@icann.org>
Date: Thursday, 8 January 2026 at 5:16 AM
To: farzaneh badii <farzaneh.badii@gmail.com>, Demetriou, Samantha <sdemetriou@verisign.com>
Cc: justine.chew.icann@gmail.com <justine.chew.icann@gmail.com>, jen@dot.asia <jen@dot.asia>, gnso-dnsabuse-smallteam@icann.org <gnso-dnsabuse-smallteam@icann.org>
Subject: [gnso-dnsabuse-smallteam] Re: Happy New Year - closing out/resolving some open comments on the Charter

Happy New Year! 

  1. On Question 8, I agree with keeping the original wording, “What metrics will be used to evaluate the policy’s effectiveness?”.
  2. On Questions 3 and 5, I support Justine’s proposed Option 2 below. Question 3 would address aspects of the investigation while Question 5 would address remedies. I recall this discussion during one of the calls and support this approach.
  3. I don’t have a strong opinion on this one.

Regards,

Susan

 

 

From: farzaneh badii via gnso-dnsabuse-smallteam <gnso-dnsabuse-smallteam@icann.org>
Sent: Wednesday, January 7, 2026 3:37 PM
To: Demetriou, Samantha <sdemetriou@verisign.com>
Cc: justine.chew.icann@gmail.com; jen@dot.asia; gnso-dnsabuse-smallteam@icann.org
Subject: [gnso-dnsabuse-smallteam] Re: Happy New Year - closing out/resolving some open comments on the Charter

 

Hello The impact on the registrant is not a repetition. The impact in Question 3 is about the proportionality of the investigative act itself; Question 5 is about the broader investigative and cumulative consequences of associated domain checks

Hello 

 

The impact on the registrant is not a repetition. 

The impact in Question 3 is about the proportionality of the investigative act itself; Question 5 is about the broader investigative and cumulative consequences of associated domain checks as a mechanism, and whether remedies are sufficient to address those harms. 

As such I don’t agree with the change Justine is suggesting. 

As to our addition, can you please provide a rational on why it should not be added? It is not necessarily prescriptive, doesn’t expand the scope and just makes the PDP think more broadly about reporting. 

 

 

 


Farzaneh 

 

 

On Wed, Jan 7, 2026 at 5:04 PM Demetriou, Samantha via gnso-dnsabuse-smallteam <gnso-dnsabuse-smallteam@icann.org> wrote:

Hi all,

 

Happy new year to everyone and thanks for the ongoing work to get this Charter done. Just to weigh in on the items from this thread that are still outstanding:

 

  1. On Question 8, I agree that the original wording, “What metrics will be used to evaluate the policy’s effectiveness?” is sufficient.

 

  1. On the potentially duplicative text in Questions 3 and 5, I would support Justine’s proposed Option 2 below.

 

  1. I don’t have a strong opinion about the inclusion of the question, “Is the proposed action legitimate?” under the “Impact on Human Rights” paragraph of the Charter. I think Justine’s interpretation is valid, but I also don’t think that paragraph would lose much if that question were struck.

 

 

Thanks,

Sam

 

From: Justine Chew via gnso-dnsabuse-smallteam <gnso-dnsabuse-smallteam@icann.org>
Reply-To: Justine Chew <justine.chew.icann@gmail.com>
Date: Wednesday, January 7, 2026 at 4:28 PM
To: "jen@dot.asia" <jen@dot.asia>
Cc: "gnso-dnsabuse-smallteam@icann.org" <gnso-dnsabuse-smallteam@icann.org>
Subject: [EXTERNAL] [gnso-dnsabuse-smallteam] Re: Happy New Year - closing out/resolving some open comments on the Charter

 

Caution: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. 

Hi Jen,

In reply to your questions --

1) I concur with you that “8. What metrics will be used to evaluate the policy's effectiveness?” is sufficient.

2) On q3 and q5, my proposal and preference for Option 2 still stands

Option 1 - to alleviate duplication on the question of impact on DN registrants in q5

1.      Defining "investigation": What constitutes a "reasonable investigation" by a registrar? What investigation steps are required or recommended? Are the criteria for investigation proportionate and necessary? What is the impact of this investigation on domain name registrants?

1.      Do associated domain checks have a negative impact on domain name registrants and if they do, are there remedies?

 

Option 2 -  to focus q5 squarely on the question of remedies and to alleviate duplication on the question of impact on DN registrants in q5

1.      Defining "investigation": What constitutes a "reasonable investigation" by a registrar? What investigation steps are required or recommended? Are the criteria for investigation proportionate and necessary? What is the impact of this investigation on domain name registrants?

1.      Do associated domain checks have a negative impact on domain name registrants and if they do, are there remedies? If the associated domain checks have an adverse impact on domain name registrants, are there corresponding remedies?


3) Regarding Anne's comment about "3. is the proposed action legitimate", I understand "legitimate" to mean conformity to applicable laws (or rules) and would support keeping it.


Kind regards,
Justine

 

 

On Thu, 8 Jan 2026 at 03:46, jen--- via gnso-dnsabuse-smallteam <gnso-dnsabuse-smallteam@icann.org> wrote:

Thank you Anne and Farzi for this discussion. This current question 8 in the charter “What metrics will be used to evaluate the policy's effectiveness?” does I think encompasses the contemplation for the PDP to work on this topic, including considerations that Farzi has articulated. IMHO, I think the current formulation gives the PDP the flexibility and less directed specificity to work on recommendations and solutions.  Would like to hear others’ thoughts on this.

 

Also a reminder for us to please weigh in on the open comment on q3 and q5.

 

Finally, as I am not an expert on Human Rights, Anne brings up a suggestion to delete the very last part of the paragraph “Impact on Human Rights” (bottom of page 4) namely to delete “3) is the proposed action legitimate.” Could NCSG and other colleagues more familiar with this please also opine. Many thanks!

 

https://docs.google.com/document/d/1LKQqjuSY-puI8cTfaAktad60IimVkuHSmBikC2P6JpI/edit?tab=t.0

 

Best,

Jen

 

From: farzaneh badii via gnso-dnsabuse-smallteam <gnso-dnsabuse-smallteam@icann.org>
Sent: Wednesday, January 7, 2026 10:45 AM
To: Anne ICANN <anneicanngnso@gmail.com>
Cc: Justine Chew <justine.chew.icann@gmail.com>; jen@dot.asia; gnso-dnsabuse-smallteam@icann.org
Subject: [gnso-dnsabuse-smallteam] Re: Happy New Year - closing out/resolving some open comments on the Charter

 

Hi Anne. Under compliance section, question number 8:

What metrics will be used to evaluate the policy's effectiveness?

 

Farzaneh 

 

 

On Wed, Jan 7, 2026 at 9:30 AM Anne ICANN <anneicanngnso@gmail.com> wrote:

Hi Farzi,

I searched the doc for a reference to "effectiveness" in relation to this suggestion on metrics.  I couldn't find that term so I'm wondering what would be the standard for measuring "effectiveness" or what is it's definition?

 

Thank you,

Anne

 

Anne Aikman-Scalese

GNSO Councilor

NomCom Non-Voting 2022-2026

anneicanngnso@gmail.com

 

 

On Mon, Jan 5, 2026 at 10:22 PM farzaneh badii via gnso-dnsabuse-smallteam <gnso-dnsabuse-smallteam@icann.org> wrote:

We have to look over these changes as NCSG tomorrow but wanted to suggest adding a paragraph under metrics: 

 

Are there any aggregated, high-level metrics that could support evaluation of effectiveness, and if so, should such information be made available publicly or through other mechanisms?

 

Would that be acceptable? 

Farzaneh 

 

 

On Mon, Jan 5, 2026 at 11:59 PM Justine Chew via gnso-dnsabuse-smallteam <gnso-dnsabuse-smallteam@icann.org> wrote:

Thanks, Jen.

Hello all,

Happy New Year 2026.

Regarding the query on duplication of impact of investigation/checks, I proposed Option 2 which I believe preserves the intent of all concerned:

 

Option 1 - to alleviate duplication on the question of impact on DN registrants in q5

3.       Defining "investigation": What constitutes a "reasonable investigation" by a registrar? What investigation steps are required or recommended? Are the criteria for investigation proportionate and necessary? What is the impact of this investigation on domain name registrants?

5.       Do associated domain checks have a negative impact on domain name registrants and if they do, are there remedies?


Option 2 -  to focus q5 squarely on the question of remedies and to alleviate duplication on the question of impact on DN registrants in q5

3.       Defining "investigation": What constitutes a "reasonable investigation" by a registrar? What investigation steps are required or recommended? Are the criteria for investigation proportionate and necessary? What is the impact of this investigation on domain name registrants?

5.       Do associated domain checks have a negative impact on domain name registrants and if they do, are there remedies? If the associated domain checks have an adverse impact on domain name registrants, are there corresponding remedies?


Thanks for your consideration.

Kind regards,
Justine

 

 

On Tue, 6 Jan 2026 at 12:34, jen--- via gnso-dnsabuse-smallteam <gnso-dnsabuse-smallteam@icann.org> wrote:

Happy New Year to all!

 

Noting that we have a motion before Council for the adoption of the Charter, I wanted to remind us all and also make sure we are comfortable with where the text of the Charter now stands. Thank you to the work that we have collectively done to get to this stable version. Thank you to all who have reviewed and provided input, thank you also to staff who have resolved a few requests in the text. I note that there is still one (by my reading) open comment regarding q3 and q5 in the charter questions.

 

Charter: https://docs.google.com/document/d/1LKQqjuSY-puI8cTfaAktad60IimVkuHSmBikC2P6JpI/edit?usp=sharing

 

If I may suggest, that the first choice is we could either keep the text as is (even with the slight duplication on impact) as it represents compromise text between several SG/Cs after a series of productive calls – I note this is the preference of NCSG as articulated by Farzi in the link above.

 

Alternatively, if we do want to streamline for the sake of the PDP’s work to focus impact on q5, I will suggest again here (extracted from the link above, for more context and comments from small team member please go to the document):

 

  1. Defining "investigation": What constitutes a "reasonable investigation" by a registrar? What investigation steps are required or recommended? Are the criteria for investigation proportionate and necessary? What is the impact of this investigation on domain name registrants?
  1. Do associated domain checks have a negative impact on domain name registrants and if they do, are there remedies?

 

Justine also has an alternate formulation for q5, extracted here for your convenience:

  1. If the associated domain checks have an adverse impact on domain name registrants, are there corresponding remedies?

 

Thoughts from the small team members on the above and any other comments?

 

Best,

Jen

 

From: jen@dot.asia <jen@dot.asia>
Sent: Tuesday, December 23, 2025 7:34 PM
To: 'gnso-dnsabuse-smallteam@icann.org' <gnso-dnsabuse-smallteam@icann.org>
Subject: Comments and items to be resolved - Updated Charter and Action Items

 

Dear All,

 

Thank you for those who input edits and comments by the deadline – we note that there are a few unresolved comments. We can take this up when ICANN returns from holiday break. Please also note that I will be sending the draft motion to the council list shortly as well for those of us who would like some time to take a look or still have working days ahead before we all return fresh for 2026.

 

Charter: https://docs.google.com/document/d/1LKQqjuSY-puI8cTfaAktad60IimVkuHSmBikC2P6JpI/edit?usp=sharing

 

Wishing all a restful holiday season.

 

Best,

Jen

 

From: John Emery via gnso-dnsabuse-smallteam <gnso-dnsabuse-smallteam@icann.org>
Sent: Saturday, December 20, 2025 12:42 AM
To: gnso-dnsabuse-smallteam@icann.org
Subject: [gnso-dnsabuse-smallteam] Updated Charter and Action Items

 

Hello All,

 

Thank you again for working diligently this week, we appreciate all the compromises that have been made to get to this stage of the Charter. Staff has cleaned up the Charter questions and updated the agreed upon Membership Structure.

 

ACTION ITEM: Please review the Charter with your respective groups and add any input into the document (and comment on other’s input) by 23:59 UTC on Tuesday 23 December.(This timing will allow U.S.-based staff to send to Council prior to the ICANN holiday closure).

 

Please pay special attention to the charter questions and the membership model in your review.

 

https://docs.google.com/document/d/1LKQqjuSY-puI8cTfaAktad60IimVkuHSmBikC2P6JpI/edit?usp=sharing

 

Thank you,

 

John R. Emery, Ph.D.

Policy Development Support Senior Specialist

Generic Names Supporting Organization (GNSO)

Internet Corporation for Assigned Names and Numbers (ICANN)

www.icann.org

 

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