[council] Please review: GNSO Council motions 27 June 2018

Wed Jun 27 21:29:22 UTC 2018

Dear all,

Please find below the resolutions voted during the GNSO Council meeting held today in Panama, on Wednesday 27 June 2018.

These will be posted shortly on the Resolutions page<https://gnso.icann.org/en/council/resolutions> of the GNSO web site.

Motion to approve the Customer Standing Committee Amended Charter

Submitted by Donna Austin

Seconded by Heather Forrest

Whereas:

  1.  The Customer Standing Committee (CSC) was established as one of the post IANA Transition entities and conducted its first meeting on 6 October 2016.
  2.  The ICANN Bylaws, Section 17.3 (c) and the CSC Charter required the ccNSO and RySG to conduct a review of the CSC Charter one year after the first meeting of the CSC.
  3.  In May 2017, a drafting team appointed by the ccNSO and RySG developed a Terms of Reference for the Charter Review, which was subsequently adopted by the ccNSO and RySG in July 2017.
  4.  The ccNSO and RySG appointed members to form the Charter Review Team from their respective SO and SG to conduct a review of the CSC Charter in accordance with the Terms of Reference.
  5.  The Charter Review Team conducted a series of consultations with the CSC, the direct customers of the IANA naming function, the independent PTI Directors, and the community at large and published an Initial Report of their findings and an Amended CSC Charter for public comment on 11 April 2018 until 1 June 2018.
  6.  The GNSO Council discussed the Initial Report during their meeting of 24 May 2018, and submitted comments on the Initial Report as part of the public comment process.
  7.  The public comment period resulted in a number of comments that were considered and addressed by the Charter Review Team in their Final Report and Amended Charter.
  8.  The GNSO Council, along with the ccNSO Council, is required to ratify any recommended changes to the CSC Charter.
  9.  The ccNSO and GNSO Councils discussed the Charter Review process during their most recent face-to-face meeting in San Juan, on 12 March 2018, and are expected to discuss the Final Review<https://gnso.icann.org/sites/default/files/file/field-file-attach/csc-charter-review-26jun18-en.pdf> and Amended Charter<https://gnso.icann.org/sites/default/files/file/field-file-attach/csc-revised-amended-charter-26jun18-en.pdf> at the forthcoming ICANN meeting in Panama, on 27 June 2018.

Resolved:

  1.  The GNSO Council approves the changes made to the CSC Charter as a result of the Charter Review Process, and will inform the ccNSO Council accordingly.
  2.  The GNSO Council will work on a joint communication with the ccNSO Council to inform the CSC that the Amended Charter has been ratified and should now be put into place.
  3.  The GNSO Council also notes the recommendation in the Final Report that the ccNSO and GNSO Councils conduct an analysis of the requirements of the IANA Naming Function Review and the CSC Effectiveness Review with a view to creating synergies and avoiding overlap and has appointed two Councilors to conduct the recommended analysis in cooperation with two representatives from the ccNSO.
  4.  The GNSO Council thanks the CSC Review Team for their efforts in undertaking the Review.

Vote results<https://gnso.icann.org/sites/default/files/file/field-file-attach/gnso-council-motion-recorder-27jun18-en.pdf>

Motion – Completion of the Final Report of the IGO/INGO Access to Curative Rights Protection Mechanisms PDP (Curative Rights PDP)

Submitted by Heather Forrest

Seconded by Michele Neylon

Whereas,

  1.  The origin of the IGO/INGO Access to Curative Rights Protection Mechanisms Policy Development Process (Curative Rights PDP) traces back to a consensus recommendation from a previous PDP, the Protection of IGO and INGO Identifiers in All gTLDs PDP (IGO/INGO Protection PDP). The IGO/INGO Protection PDP considered whether and how the names and acronyms of international governmental organizations (IGOs) and international non-governmental organizations (INGOs) should be protected at the top and second levels of the domain name system (DNS). This earlier PDP resulted in a number of recommendations that were inconsistent with GAC advice on this topic. On 30 April 2014, the ICANN Board approved the PDP recommendations that were consistent with GAC advice, so that the GAC, GNSO and the affected community groups could continue to work on reconciling the remaining inconsistencies.
  2.  A faciliated dialogue between the GAC and GNSO took place at ICANN58 in March 2017. Based on these discussions, in May 2017, the GNSO Council agreed to initiate a new PDP to revisit the IGO/INGO Protection PDP’s recommendation concerning certain Red Cross names.
  3.  On 5 June 2014, the Council of the Generic Names Supporting Organization (GNSO) chartered the Curative Rights PDP. This new PDP was initiated to evaluate (i) whether the UDRP and/or URS should be amended to enable their access and use by IGOs and INGOs whose identifiers had been recommended for protection by the IGO-INGO Protection PDP and if so, in what way; or (ii) whether a separate narrowly-tailored procedure modeled on these curative rights protection measures to apply only to protected IGO and INGO identifiers should be developed.
  4.  The Curative Rights PDP Working Group commenced its work in August 2014 and issued its Initial Report for public comments in January 2017, with the public comment period closing on 30 March 2017. Following its analysis of the input received, the Curative Rights PDP Working Group came to agreement on modifying one of its initial recommendations by ICANN59 in June 2017.
  5.  Since June 2017, the Curative Rights PDP WG has been engaged in trying to reach consensus on one remaining issue concerning IGO jurisdictional immunity. In December 2017, a Working Group member filed an appeal pursuant to Section 3.7 of the GNSO Working Group Guidelines<https://gno.icann.org/sites/default/files/file/field-file-attach/annex-1-gnso-wg-guidelines-30jan18-en.pdf> (the Guidelines) to challenge the mechanisms the Co-Chairs proposed be used to determine consensus in relation to this remaining issue. An attempt to resolve the member’s concerns with the PDP Co-Chairs took place in January 2018 in accordance with the Guidelines. Following unsuccessful resolution with the Co-Chairs, the matter was raised with the GNSO Council Chair as prescribed by Section 3.7. Discussions between the GNSO Council Chair, the GNSO Council liaison, the appellants and the PDP Co-Chairs culminated in a proposal for the GNSO Council Liaison to meet with and gather inputs from WG members at and after ICANN61 to assist in the consensus-building process by providing WG members with an opportunity to express their views on the WG’s draft recommendations. A summary report of those meetings was prepared and shared with the Working Group in April 2018 in resolution of the Section 3.7 appeal, and the GNSO Council liaison offered to continue to support the WG in developing its Final Report. As of 16 June 2018, the Working Group is continuing to work toward a Final Report.
  6.  In January 2018, the GNSO Council held a Strategic Planning Session at which the Council agreed that, to ensure effective allocation of resources and improve management of the community’s workload, a timely resolution of policy development processes should be a priority.
  7.  At its May 2018 meeting, the GNSO Council liaison informed the Council that the Curative Rights PDP would aim to wind up its work by June 2018.
  8.  As the scope of the Curative Rights PDP includes consideration of the applicability and usability of existing second level dispute resolution processes (i.e. curative mechanisms) in relation to IGO/INGO names and acronyms, its outcome is likely to affect the full scope of the final protections that are ultimately decided upon for IGO acronyms, and thus the differences that remain between GAC advice and conclusions of the earlier IGO/INGO Protection PDP. Given the length of time that has elapsed since the Board first placed IGO acronyms on a temporary reserved list and the possibility of additional conflict between GAC advice and GNSO policy on the topic of IGO protections, the GNSO Council believes it is imperative that the Curative Rights PDP is concluded in a timely and effective manner.
  9.  On 10 June 2018, a new Section 3.7 appeal was made under the GNSO Working Group Guidelines challenging the involvement of the PDP Chair (the other Co-Chair having resigned in May), the GNSO Council liaison and policy staff in developing the PDP’s Final Report. This new appeal is currently proceeding through the recommended steps in the GNSO Working Group Guidelines. The appellant has expressed willingness for the substantive work of the PDP to continue towards resolution of the Final Report while the appeal process progresses.
  10. Following consultation with the Working Group Chair, GNSO Council Liaison, and GNSO Council leadership team, and notwithstanding the most recent appeal, the GNSO Chair proposed on 13 June 2018 that the target date for completing and submitting the Curative Rights PDP Final Report to the GNSO Council be revised to July 2018 to provide the Working Group with additional time necessary to complete its work and finalize the Final Report.

Resolved,

1.The GNSO Council acknowledges the effort of the Curative Rights PDP Working Group since ICANN60 to reach consensus on its final recommendations, and requests that the Final Report be submitted in time to meet the July 2018 GNSO Council meeting document deadline. The GNSO Council directs ICANN staff to inform the Working Group that, in line with the Council’s priority to ensure responsible allocation of resources and timely management of the PDP, the GNSO Council expects to consider this matter at its July 2018 meeting.

2. The GNSO Council acknowledges and appreciates the effort of Susan Kawaguchi in the role of GNSO Council Liaison to assist in resolving the Section 3.7 appeals and to facilitate the group’s efforts to achieve the milestone of a Final Report in a timely manner.

Vote results<https://gnso.icann.org/sites/default/files/file/field-file-attach/gnso-council-motion-recorder-27jun18-en.pdf>

Kind regards,

Nathalie

Nathalie Peregrine
Manager, Operations Support (GNSO)
Internet Corporation for Assigned Names and Numbers (ICANN)
Email: nathalie.peregrine at icann.org <nathalie.peregrine at icann.org%20>
Skype: nathalie.peregrine.icann

Find out more about the GNSO by taking our interactive courses<applewebdata://EB3A6F47-9760-400D-A39B-A7EFFC56B467/learn.icann.org/courses/gnso> and visiting the GNSO Newcomer pages<https://urldefense.proofpoint.com/v2/url?u=http-3A__gnso.icann.org_sites_gnso.icann.org_files_gnso_presentations_policy-2Defforts.htm-23newcomers&d=DgMFAg&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=PDd_FX3f4MVgkEIi9GHvVoUhbecsvLhgsyXrxgtbL10DTBs0i1jYiBM_uTSDzgqG&m=-d9m4sr16OXloyLjz4TF6npbe51hgE0EHtoX1U6WUOA&s=Bw2Uzbh2Pu1X0lObLtbwtN5ZNEP3ECdPAfcqzVvIOYE&e=>

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