Dear All,

Please see below the action items and brief notes from today’s SOI Task Force meeting on Monday, 29 August 2022 at 13:00 UTC.  These also are posted to the wiki at: https://community.icann.org/x/yYXOCg.

Kind regards,

Marika and Julie

SOI Task Force Meeting #13

Monday, 29 August 2022 at 13.00 UTC

HOMEWORK/ACTION ITEMS:

1. Request for interested SOI TF members to provide SOI Samples as soon as possible but not later than Monday, 05 September.
2. Staff to consider whether and/or how to incorporate into the Recommendations Report the issue of conflicts of interest.
3. Final call for SOI TF members to review the attached GNSO SOI TF Recommendations Report and the public comment forum text.  Provide comments if any as soon as possible but not later than Monday, 05 September.
4. Staff to cancel the meeting scheduled on 12 September. [COMPLETED]

Notes:

1. Welcome

2. Review of GNSO Sample Form – see https://docs.google.com/forms/d/e/1FAIpQLSd9yV2CguA7tcX7g_djhvzm-mUjTH0lStNOXTYpuMxU4Qbs2g/viewform [docs.google.com]

• Example, in Google form format, but not necessarily the final format.
• Copy and pasted from what is in the report and the TF has developed.
• Helpful approach, but a wish-list item – use as a template for future ICANN events; link the SOI to the registration form.
• Feedback section allows us to capture feedback; but make these settings non-mandatory, except perhaps the name.
• Very useable. Main feedback, was that it would be useful to have guidance along with the questions. However, note that we have already raised the need for guidance and I think we will be discussing case examples at a later point.

3. Review of SOI Samples – see https://docs.google.com/document/d/1-i7oTXv_7eRibJK8a8FQ8Df9CCClWuH_/edit [docs.google.com]

• No samples provided yet, so may not be able to include for public comment.
• Do we want to wait for examples, or do we just go to public comment without it and add them later?
• This is a small group so it might help if we go to public comment to get more exposure for the revised SOI.
• Make it clear that if by publication date then we could take note of the desire to have sample SOIs and that this is a work in progress.
• Staff to take the action to put out a last call for action for SOI TF members to provide SOI samples.

ACTION ITEM: Request for interested SOI TF members to provide SOI Samples as soon as possible but not later than Monday, 05 September.  See: https://docs.google.com/document/d/1-i7oTXv_7eRibJK8a8FQ8Df9CCClWuH_/edit.

4. Any further input on GNSO SOI TF Recommendations Report (see attached)

• Question whether Conflict of Interest policy applies.  Staff notes that the GNSO Operating Procedures in Section 4.0 Voting, 4.5.2 Abstention Categories, b. Obligational Abstentions: specifically emphasizes that conflict of interest does not apply to GNSO Councilors:
  • “Disclaimer concerning the term “Conflict of Interest” : There are certain financial interests and, possibly, incentives associated with GNSO actions that affect Internet domain name policies.  As they pertain to GNSO Council voting actions, such interests are expected to be documented in a Councilor's required Statement of Interest (see Chapter 5.0) and do not require that the Councilor abstain from participating and voting.  GNSO Councilors do not have a fiduciary responsibility to act in the best interests of ICANN in discharging their responsibilities on the Council.  While the deliberations and decisions of ICANN are made in the interests of the global Internet community as a whole, GNSO Councilors are understood, in some cases, to represent the views of organizations and interest groups that would materially benefit from policies recommended by the GNSO.  It is understood that Councilors are often employed by or represent those affected parties and such relationships could engender subsequent benefit to Councilors as individuals.  As a result of these special circumstances and to avoid confusion with ICANN’s Conflict of Interest Policy, which does not pertain to GNSO Council matters, the term “Conflict of Interest” will not pertain when a GNSO Councilor argues for and votes “Yes” or “No” on a matter which, by virtue of that action, directly or indirectly benefits that individual financially or economically; however, that interpretation does not imply that circumstances cannot occur in which a Councilor may perceive his/her situation as obligating a formal abstention.”
  • Staff will take the action to determine whether and/or how to incorporate the issue of conflicts of interest in the Recommendations Report.

ACTION ITEM: Staff to consider whether and/or how to incorporate into the Recommendations Report the issue of conflicts of interest.

5. Any further input on public comment forum text (see attached)

• Combined changes resulting from the CCOICI revisions to the WG Self-Assessment, the SOI TF recommendations, and minor edits resulting from a general review.
• Desire to open public comment before ICANN75 to cover the time of the meeting and travel.  Goal to open on the 7^th of September.  Encourage TF members to highlight the public comment at their ICANN75 meetings.  Extend to 30 days after ICANN75.

ACTION ITEM:  Final call for SOI TF members to review the attached GNSO SOI TF Recommendations Report and the public comment forum text.  Provide comments if any as soon as possible but not later than Monday, 05 September.

6. Confirm next steps and next meeting (if necessary)

• Action items/homework to be circulated (see above).
• Request for CCOICI to review report and public comment forum text.
• SOI TF not to meet prior to public comment (cancel meeting on 12 September), but will meet after public comment period ends to review comments.

ACTION ITEM: Staff to cancel the meeting scheduled on 12 September. [COMPLETED]