[Gnso-bylaws-dt] REMINDER - ACTION ITEM re: Section 18.12 Special IFRs & GNSO Input Process

Fri Apr 26 19:49:19 UTC 2019

Thanks Heather and Julie,

I have taken a look at the doc and at Heather’s comments.

I think I will wait until after the call with ccNSO GRC on Monday to weigh-in on this. Good food for thought so far.

Best wishes,

David

David McAuley

Sr International Policy & Business Development Manager

Verisign Inc.

703-948-4154

From: Gnso-bylaws-dt <gnso-bylaws-dt-bounces at icann.org> On Behalf Of Heather Forrest
Sent: Thursday, April 25, 2019 9:58 PM
To: Julie Hedlund <julie.hedlund at icann.org>
Cc: gnso-bylaws-dt at icann.org
Subject: [EXTERNAL] Re: [Gnso-bylaws-dt] REMINDER - ACTION ITEM re: Section 18.12 Special IFRs & GNSO Input Process

Sincere thanks to Julie and Ariel for their continued work to support our DT.

On the Bylaws s 18.12 Special IFR initiation process, you'll see that Julie and Ariel have dropped the GNSO GIP process into a Google Doc for us to comment upon. I have added several comments after a thorough review. In summary, I believe that with a degree of tweaking we can make the GIP functional for the particular situation of Special IFR initiation without having to invent a new, bespoke process. There are two ways to do this:

1. Develop a Special IFR GIP that uses the GIP text as a base, with some modifications; or

2. Develop a 'GIP for Special IFR Initiation' guidance document for Council that highlights only those changes made to the base GIP, without having to set out the GIP in its entirety.

Based on my experience as Council Chair and Councillor, I am inclined towards option 2. I take very seriously the points made by Steve about the gravity of the situation of considering a Special IFR. I do believe that we should not simply approach this by directing Council to "Apply the GIP, as appropriate.", as I believe this leaves Council in the position of having to do unnecessary work (read through the GIP and decide what works/what doesn't, at a time when energy and time needs to be put into the substance of deciding whether to initiate a Special IFR, rather than the process of how to make that decision!). The alternative is to do this work in advance for Council, by providing an instruction: "Apply the GIP, with the following modifications to allow for the particular context, time constraints and gravity of a Special IFR initiation.....". This is what my notes in the margin of the Google Doc are aimed at, with the idea that these notes could form a standalone document headed, for example: "Guidance for using the GIP in the case of s 18.12(a) of the ICANN Bylaws".

I look forward to your thoughts and comments, either in the Google Doc (here, with my comments added: https://docs.google.com/document/d/1_y4Qm2TdV2g2JthY4PvXRTEFn6Froz5Jw-fxemUjiz4/edit) or during our next call (for which staff will circulate the agenda soon). We have an excellent opportunity to interact directly with the ccNSO - staff shall provide details - I encourage everyone to seize the opportunity so that we can swiftly work out the requisite process for collaborating with the ccNSO on the Special IFR situation.

Very best wishes to all,

Heather

On Tue, Apr 23, 2019 at 12:32 AM Julie Hedlund <julie.hedlund at icann.org<mailto:julie.hedlund at icann.org>> wrote:

   Dear all,

   Per action item 3 below from the meeting on 10 April:

   Section 18.12 Special IFRs – GNSO Input Process: Staff to put text of GNSO Input Procedure into a Google document for DT members to edit as possible Special IFR procedures/guidelines

   Staff has created a Google Document for you to edit at: https://docs.google.com/document/d/1_y4Qm2TdV2g2JthY4PvXRTEFn6Froz5Jw-fxemUjiz4/edit?usp=sharing [docs.google.com]<https://urldefense.proofpoint.com/v2/url?u=https-3A__docs.google.com_document_d_1-5Fy4Qm2TdV2g2JthY4PvXRTEFn6Froz5Jw-2DfxemUjiz4_edit-3Fusp-3Dsharing&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=adDIs0WEx_lLwFfrsdovxTYY8GkRHo5ibc8SR3Npdh8&m=UBPlY0BIFFlD4eKQ9uRAS18Tqs04V1JdQB8gFBvAc34&s=oPb57gBzMvqE14_G91c0TE0iAoYvBMJF38xZKWWr2Uc&e=>.  The action is for DT members to edit or comment on the text of the GNSO Input Process as guidelines for how the process could be customized for the GNSO in deciding whether to request the initiation of a Special IRF in consultation with the ccNSO.  The edits and comments will be discussed at the next meeting.

   Thank you for your assistance.

   Kind regards,

   Julie

   Julie Hedlund, Policy Director

   From: Gnso-bylaws-dt <gnso-bylaws-dt-bounces at icann.org<mailto:gnso-bylaws-dt-bounces at icann.org>> on behalf of Julie Hedlund <julie.hedlund at icann.org<mailto:julie.hedlund at icann.org>>
   Date: Friday, April 12, 2019 at 2:08 PM
   To: "gnso-bylaws-dt at icann.org<mailto:gnso-bylaws-dt at icann.org>" <gnso-bylaws-dt at icann.org<mailto:gnso-bylaws-dt at icann.org>>
   Subject: [Gnso-bylaws-dt] Actions & Notes: GNSO Drafting Team Meeting 10 April 21:00 UTC

   Dear all,

   Please see below the action items and notes captured by staff from the GNSO Drafting Team meeting held on 10 April 2019 (21:00-22:00 UTC).  Staff have posted to the wiki space the action items and notes.  Please note that these are high-level notes and are not meant as a substitute for the recording, chat room, or transcript. The recording, AC chat, transcript and attendance records are posted on the wiki.

   Best Regards,

   Julie

   Julie Hedlund, Policy Director

   ACTIONS & NOTES:

   Actions:

   1. Meeting Timing: Staff will send a Doodle to see whether the current time is still preferable or whether a new time will encourage more attendance.

   2. Article 4 Accountability and Review – Sections 4.2 & 4.3: Staff will a) develop a new draft with David McAuley and b) circulate to the DT for review.

   3. Section 18.12 Special IFRs – GNSO Input Process: Staff to put text of GNSO Input Procedure into a Google document for DT members to edit as possible Special IFR procedures/guidelines.

   Notes:

   1. Updates to Statements of Interest (SOIs): No updates provided.

   2. Revised Draft of Guidelines/Templates for Article 4 Accountability and Review – Sections 4.2 & 4.3:

   Comments from David McAuley:

   -- Page 2 and 3: References to 4.2 and 4.3 -- highlight the fact that one is in annex D and one is in the main body of the Bylaws.

   -- Page 3, para 4, change to "request or support"

   -- Page 4, Add language/template for whether and when the GNSO wants to support an IRP (not covered by the Reconsideration Request form).

   ACTION ITEM: Staff will 1) develop a new draft with David McAuley and 2) circulate to the DT for review.

   3. Review and Discuss Approach for Guidelines for 18.12 Special IANA Naming Function Reviews (IFRs):

   a.  GNSO Input Process: DT members should review the GIP and in the context of the initiation of a Special IFR on the IANA function. See questions below.  The GIP is at: https://gnso.icann.org/en/council/annex-3-input-process-manual-18jun18-en.pdf [gnso.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_en_council_annex-2D3-2Dinput-2Dprocess-2Dmanual-2D18jun18-2Den.pdf&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=adDIs0WEx_lLwFfrsdovxTYY8GkRHo5ibc8SR3Npdh8&m=Va_fus_ZnBC6TNp77ZQp4XhF5HjnE7SxTCBq-_G-15Y&s=pzHAByhFhXd88k_sGmg5Z_h9W_lvl9s3rp_qSmOXHGo&e=>

   -- Is it useful, is anything missing -- a gap analysis.  Should help to identify any GNSO-specific items.  If we do need something else suggest what that could be.

   Discussion:

   -- Note that changes to GNSO Operating Procedures need to go out for public comment and be approved by the Council.

   -- Could consider referencing the GIP or using another process.

   -- GIP seems to be fairly broad with flexibility.

   -- Link back to a Special IFR -- doesn't seem to quite fit.  Doesn't arise to the level of seriousness of a Special IFR.

   -- Could use the form of the GIP but adjust it to a Special IFR.

   -- Impossible to know in advance what is necessary.

   -- Not sure we need to add points to the GIP -- could it be sufficient; rather than redrafting the GIP produce guidance for using the GIP for a Special IFR.

   ACTION ITEM: Put GIP language in a Google doc to customize for Special IFRs as a guidance document.  Highlight what we think is necessary for the Special IFR.  Can note time requirements for specific steps.

   b.  Coordination with the ccNSO Guidelines Review Committee: DT members should think about what needs to be documented such as timing, consultation, and how to make a final joint decision.

   Discussion:

   -- Might want a formal process based on the seriousness of the subject matter.

   -- Having some sort of a record that the GNSO and ccNSO have discussed whether or not to bring a Special IFR.  Such as a letter.

   4. Next Meeting:

   -- The next meeting is in 3 weeks on 01 May.

   -- The Sub Team will take up the question of coordination with ccNSO.

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