[Gnso-sc-budget] strategic plan - impact of legislation and regulation

[Ayden Férdeline]

Dear all,

In relation to the following line in the vision statement:

- Anticipate and manage the impact of legislation and regulation; and

We currently have the following text in our comment:

- This statement is acceptable and important. The GNSO Council supports the continued examination of legislation and regulations so to foster an understanding of ICANN’s roles and responsibilities. We consider ICANN’s headstrung refusal for over 20 years to adhere to its legal obligations vis-à-vis privacy law to have been an institutional failure which poses a significant threat to the organization’s legitimacy, sustainability, and reputation.

On our call today, concerns were expressed that this language may be too strong. This was not a unanimous view, as one Subject Matter Expert noted that the requirement for an Expedited PDP and the need for the Temp Spec in the first place was a sign of failure.

In order to move us forward I am suggesting that we revise this bullet point to read:

- This statement is acceptable and important. The GNSO Council supports the continued examination of legislation and regulations so to foster a fuller understanding of ICANN’s roles and responsibilities. If ICANN continues to have difficulties in recognizing, understanding, and balancing its legal obligations in relation to activities within its remit (as was for the case, for instance, with the European Union's General Data Protection Regulation), this could pose a significant threat to the organization’s legitimacy, sustainability, and reputation.

Can you please advise if you have any concerns with this new language. Thank you.

Kind regards,
Ayden Férdeline
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