[council] Regarding meeting to discuss contractual and compliance requirements that relate to registrants carrying out activities contrary to applicable law

[Bruce Tonkin]

Hello All,

I want to make the GNSO council aware of the email below, by which I have invited the Chairs of key constituencies within ICANN to attend a session at ICANN 56 to encourage and enable a dialogue with interested stakeholders in the ICANN community regarding the scope of ICANN’s responsibilities and remit with respect to matters such as abuse, illegal activity, distribution of malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting and similar matters; and to facilitate a clearer understanding among the community of the key provisions in ICANN’s contracts that refer to such matters and the scope of ICANN’s enforcement of those provisions.  
 
We recognize that we are scheduling this session on short notice, but want to take the opportunity to meet while members of the community are here in Helsinki.  One of the desired outcomes of the meeting is to discuss a structure and framework for future discussions of these issues, including at ICANN 57.   We will record the session and make a transcript available.     It is not an decisional meeting - it is an opportunity to share information and perspectives to help frame the issue.
 
As noted in the email below, due to space limitations, we have asked each of the Chairs to invite no more than two representatives to this initial session from their respective organizations.  We plan to conduct a longer session at ICANN 57 with greater capacity for participation.  
 
Please feel free to coordinate with the Chairs regarding the appropriate representatives to attend this session.
 
Regards,
Bruce Tonkin

ICANN Board Director



-----Original Message-----
From: Bruce Tonkin 
Sent: Sunday, 26 June 2016 10:20 AM

Subject: Invitation to Meeting Monday 1500 to 1630 to discuss contractual and compliance requirements that relate to registrants carrying out activities contrary to applicable law

Hello All,

This is an invitation to the chairs of the GNSO stakeholder groups and constituencies, as well as the chairs of GNSO, ALAC and GAC.

As a result of discussions during a Board workshop on June 24, 2016 in Helsinki with respect to recent correspondence from the intellectual property constituency (https://www.icann.org/en/system/files/correspondence/shatan-to-crocker-11apr16-en.pdf),  the Board wishes to encourage and enable a dialogue with interested stakeholders in the ICANN community regarding the scope of ICANN’s responsibilities and remit with respect to matters such as abuse, illegal activity, distribution of malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting and similar matters; and to facilitate a clearer understanding among the community of the key provisions in ICANN’s contracts that refer to such matters and the scope of ICANN’s enforcement of those provisions. 
 
We believe this will be an ongoing discussion, but we would like to begin that dialogue with a session at ICANN 56.  We are inviting each of you to attend (or send a representative to attend) a session from in Restaurant Hall 3 from 1500 to 1630 on Monday, June 27.  We will record the session and make a transcript available.  Because space in the room is limited, we ask that each of you send no more than two representatives from your respective committee/organization/group (including yourself).  I am sending this email to the Chairs of NCSG, Business Constituency, IPC, ISPs, NCUC, NPOC, RrSG, RySG, ALAC, GAC and GNSO.   We will send a separate email to the GNSO council members to make them aware of this meeting.  

We recognize that we are scheduling this session on short notice, but want to take the opportunity to meet while members of the community are here in Helsinki.  As noted below, one of the desired outcomes of the meeting is to discuss a structure and framework for future discussions of these issues, including at ICANN 57.  We plan to conduct a longer session at ICANN 57 with greater capacity for participation from the broader community. 
 
The preliminary agenda for the session is as follows:
 
ICANN to identify the key relevant provisions in the registry and registrar agreements -- 15 mins
 
ICANN contractual compliance to describe the general process for investigating allegations that a registrar or registrar is not complying with one or more of these provisions -- 15 mins
 
If available, a representative from the IPC and a representative of the GAC Public Safety Working Group to identify examples of instances where they believe they are not receiving appropriate responses -- 15 mins
 
If available, a representative from the Registrar Stakeholder Group and/or the Registry Stakeholder Group to explain how registrars and registries typically respond to allegations of non-compliance in these areas and to discuss what they believe is the appropriate role of ICANN in enforcing contractual provisions addressing these issues -- 15 mins
 
Open discussion to solicit views of others in attendance, to identify divergent views regarding the scope of ICANN’s responsibilities and remit in these areas and the appropriate interpretation and enforcement of key contractual provisions, and to determine how we can best frame these issues for further discussion at ICANN 57 in Hyderabad – 30 minutes

Please feel free to reach out to me separately if you want some more background.   

Regards,


Bruce Tonkin

ICANN Board Director
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