[council] GNSO Council motions 27 September 2018

Nathalie Peregrine nathalie.peregrine at icann.org
Fri Sep 28 14:01:03 UTC 2018 

Dear all,

Please find below the resolutions from the GNSO Council at its meeting on Thursday, 27 September 2018. These have also been published<https://gnso.icann.org/en/council/resolutions#201809> on the GNSO website.


Consent Agenda:

Approval of the process for the Customer Standing Committee (CSC) Effectiveness Review and appointment of GNSO representatives

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 (b) states, “The effectiveness of the CSC shall be reviewed two years after the first meeting of the CSC; and then every three years thereafter. The method of review will be determined by the ccNSO and GNSO and the findings of the review will be published on the Website.”
  3.  On 27 June 2018, in the process of adopting the amended CSC Charter as required by the ICANN Bylaws, Section 17.3 (c), the Council resolved [gnso.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_en_council_resolutions-23201806&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=PDd_FX3f4MVgkEIi9GHvVoUhbecsvLhgsyXrxgtbL10DTBs0i1jYiBM_uTSDzgqG&m=eUS9kL0soykUCA4opwQnfopPVuo6S6ZtixtqC5gA_6Q&s=r8On6CaNjqNr9Vj6uqvL3SA0Ux69f9h_rT3U4MxITC4&e=> that it, “… 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.  Donna Austin and Philippe Fouquart, as the two appointed GNSO Councilors, and Debbie Monahan and Martin Boyle from the ccNSO, have met and discussed the requirements of the IANA Naming Function Review and the CSC Effectiveness Review and explored a number of options for addressing any potential or perceived overlap.
  5.  These discussions have concluded that the most practical and efficient path forward is for the ccNSO and GNSO to each appoint two members to conduct the CSC Effectiveness Review that will consider the effectiveness of the CSC in performing its responsibilities as outlined in the CSC Charter and that the findings of the Review, as adopted by both the GNSO and ccNSO Councils, will become an input to the IANA Naming Function Review.
  6.  This is on the basis that the recently concluded CSC Charter Review established that the CSC is working well and is non-controversial; the Final Report of the CSC Charter Review provides a good platform from which to conduct an effectiveness Review; and that the primary purpose of the IANA Naming Function Review is to review the performance of PTI in performing the IANA Function and therefore is not likely to spend too much time reviewing the effectiveness of the CSC.

Resolved,

  1.  The GNSO Council approves the method of review as suggested;
  2.  The GNSO Council appoints Donna Austin and Philippe Fouquart as the GNSO Council representatives of the CSC Effectiveness Review; and
  3.  The GNSO Council requests that the GNSO Secretariat notify ICANN Org no later than 30 September that the GNSO has approved of the method of review and GNSO representatives for CSC Effectiveness Review.

Approval of the Members and Liaisons of the Customer Standing Committee (CSC)

Whereas,

  1.  The inaugural slate of the CSC was confirmed by the GNSO Council on 9 August 2016;
  2.  The initial term of some of the inaugural CSC members and liaisons is due to expire on 6 October 2018;
  3.  The GNSO Council was notified [icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_en_system_files_correspondence_nguyen-2Dto-2Dforest-2Dsataki-2D07sep18-2Den.pdf&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=PDd_FX3f4MVgkEIi9GHvVoUhbecsvLhgsyXrxgtbL10DTBs0i1jYiBM_uTSDzgqG&m=eUS9kL0soykUCA4opwQnfopPVuo6S6ZtixtqC5gA_6Q&s=0AI6KHyUD5MoBAvtLB5oYW_FL05p88-TOCb38Nh0Q_4&e=> on 7 September 2018 by ICANN Org that the ccNSO and RySG have appointed Brett Carr and Gaurav Vedi respectively to serve as members of the CSC for the period 1 October 2018 to 30 September 2020; the RSSAC has re-appointed Lars-Johan Liman to continue service as a liaison to the CSC through 30 September 2020; and the GAC has appointed Nigel Cassimire to serve as a liaisons to the CSC for the period 1 October 2018 to 30 September 2020;
  4.  In accordance with Section 17.2.d of the ICANN Bylaws, “... the ccNSO and GNSO shall approve each annual slate of members and liaisons being recommended for a new term”;
  5.  The CSC Charter provides that “… while it will not be the role of the ccNSO and GNSO to question the validity of any recommended appointments to the CSC they will take into account the overall composition of the proposed CSC in terms of geographic diversity and skill sets”; and
  6.  The GNSO Council has reviewed the list of CSC members and liaisons.

Resolved,

  1.  The GNSO Council approves the full slate of members and liaisons:

Members:

Byron Holland (Chair). Appointing Organization: ccNSO. Term: 2016 – 2019

Brett Carr. New appointment Appointing Organization: ccNSO. Expected Term: 01 October 2018 to 30 September 2020

Elaine Pruis. Appointing Organization: RySG. Term: 2016 – 2019

Gaurav Vedi, new appointment.  Appointing Organization: RySG. Expected Term: 01 October 2018 to 30 September 2020

Liaisons:

Lars-Johan Liman, re-appointment. Appointing Organization: RSSAC. Expected Term: 01 October 2018 to 30 September 2020

Nigel Cassimire, new appointment. Appointing Organization: GAC. Expected Term: 01 October 2018 to 30 September 2020

Jeff Bedser. Appointing Organization: SSAC. Term: 2016 -2019

Mohamed El Bashir. Appointing Organization: ALAC. Term: 2016 - 2019

James Gannon. Appointing Organization: GNSO (Non-Registry). Term: 2016 -2019

Naela Sarras. Appointing Organization: PTI. Term: no term limit

(see also: https://www.icann.org/en/system/files/correspondence/nguyen-to-forest-sataki-07sep18-en.pdf [icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_en_system_files_correspondence_nguyen-2Dto-2Dforest-2Dsataki-2D07sep18-2Den.pdf&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=PDd_FX3f4MVgkEIi9GHvVoUhbecsvLhgsyXrxgtbL10DTBs0i1jYiBM_uTSDzgqG&m=eUS9kL0soykUCA4opwQnfopPVuo6S6ZtixtqC5gA_6Q&s=0AI6KHyUD5MoBAvtLB5oYW_FL05p88-TOCb38Nh0Q_4&e=>.)



  1.  The GNSO Council requests that the GNSO Secretariat notify ICANN Org no later than 30 September that the GNSO has approved the full list of CSC liaisons and members.

Vote results [gnso.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_sites_default_files_file_field-2Dfile-2Dattach_gnso-2Dcouncil-2Dmotion-2Drecorder-2D27sep18-2Den.pdf&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=PDd_FX3f4MVgkEIi9GHvVoUhbecsvLhgsyXrxgtbL10DTBs0i1jYiBM_uTSDzgqG&m=eUS9kL0soykUCA4opwQnfopPVuo6S6ZtixtqC5gA_6Q&s=8qKdWxbBLd2FvUEmY_A8q7J2WoPpl-0RG9W7UUrEF_k&e=>





GNSO Council consideration of CCWG-Accountability WS2 Final Report and Recommendations

Submitted by Heather Forrest

Seconded by Darcy Southwell

Whereas,

  1.  The GNSO Council, together with other ICANN Supporting Organizations and Advisory Committees, chartered the Cross-Community Working Group on Enhancing ICANN Accountability (CCWG-Accountability) on 13 November 2014 'to deliver proposals that would enhance ICANN's accountability towards all stakeholders’.
  2.  The GNSO Council approved the CCWG-Accountability Supplemental Final Proposal on Work Stream 1 Recommendations on 9 March 2016, which included recommendation #12: Committing to Further Accountability Work in Work Stream 2 (WS2).
  3.  The GNSO Council approved on 18 May 2017 the extension of WS2 for one year to the end of June 2018.
  4.  The CCWG-Accountability published its WS2 Final Report for public comment on 30 March 2018 (see https://www.icann.org/public-comments/ccwg-acct-ws2-final-2018-03-30-en [icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_public-2Dcomments_ccwg-2Dacct-2Dws2-2Dfinal-2D2018-2D03-2D30-2Den&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=PDd_FX3f4MVgkEIi9GHvVoUhbecsvLhgsyXrxgtbL10DTBs0i1jYiBM_uTSDzgqG&m=eUS9kL0soykUCA4opwQnfopPVuo6S6ZtixtqC5gA_6Q&s=9L4lV1fRg6LUL0GhRWcWqZKFlzYKWOUbXSzU1i4iw2s&e=> ).
  5.  Several GNSO Stakeholder Groups (SGs) and/or Constituencies (Cs) submitted their input on WS2 Final Report (see https://mm.icann.org/pipermail/comments-ccwg-acct-ws2-final-30mar18/2018q2/date.html).
  6.  The CCWG-Accountability reviewed all the input received and submitted its WS2 Final Report Recommendations to the Chartering Organizations on 9 July 2018 (see https://mm.icann.org/pipermail/accountability-cross-community/2018-July/014458.htmln) for their consideration.
  7.  The GNSO Council has reviewed and discussed the CCWG-Accountability WS2 Final Report and Recommendations.



Resolved,

  1.  The GNSO Council adopts the CCWG-Accountability WS2 Final Report and Recommendations (see https://community.icann.org/display/WEIA?preview=/59640761/88575033/FULL%20WS2%20REPORT%20WITH%20ANNEXES.pdf w<https://community.icann.org/display/WEIA?preview=/59640761/88575033/FULL%20WS2%20REPORT%20WITH%20ANNEXES.pdf%20w>)
  2.  The GNSO Council instructs the GNSO Secretariat to share the results of this motion with the Chairs of the CCWG-Accountability as soon as possible.
  3.  The GNSO Council expresses its sincere appreciation to the CCWG-Accountability, the GNSO members and participants in that effort, and especially the GNSO-appointed Chair, Thomas Rickert, for all their hard work in achieving the delivery of the WS2 Final Report and Recommendations.

Vote results [gnso.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_sites_default_files_file_field-2Dfile-2Dattach_gnso-2Dcouncil-2Dmotion-2Drecorder-2D27sep18-2Den.pdf&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=PDd_FX3f4MVgkEIi9GHvVoUhbecsvLhgsyXrxgtbL10DTBs0i1jYiBM_uTSDzgqG&m=eUS9kL0soykUCA4opwQnfopPVuo6S6ZtixtqC5gA_6Q&s=8qKdWxbBLd2FvUEmY_A8q7J2WoPpl-0RG9W7UUrEF_k&e=>



Approval of the Final Recommendations from the Reconvened Working Group on Red Cross Names - deferred to September Council meeting from Council meeting held on August 2018

Submitted by Heather Forrest

Seconded by Donna Austin



Whereas:

  1.  In November 2013, the Working Group for the Protection of International Governmental Organizations (IGO) and International Non-Governmental Organizations (INGO) in All gTLDs completed a Policy Development Process (PDP) and submitted its Final Report to the GNSO Council (https://gnso.icann.org/en/issues/igo-ingo-final-10nov13-en.pdf [gnso.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_en_issues_igo-2Dingo-2Dfinal-2D10nov13-2Den.pdf&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=PDd_FX3f4MVgkEIi9GHvVoUhbecsvLhgsyXrxgtbL10DTBs0i1jYiBM_uTSDzgqG&m=eUS9kL0soykUCA4opwQnfopPVuo6S6ZtixtqC5gA_6Q&s=opCvb6A-cbulU6kgxps_L-zBbE_lQ1xKwcUzPQhtN8E&e=>, including Minority Statements: https://gnso.icann.org/en/issues/igo-ingo-final-minority-positions-10nov13- en.pdf [gnso.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_en_issues_igo-2Dingo-2Dfinal-2Dminority-2Dpositions-2D10nov13-2D-2520en.pdf&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=PDd_FX3f4MVgkEIi9GHvVoUhbecsvLhgsyXrxgtbL10DTBs0i1jYiBM_uTSDzgqG&m=eUS9kL0soykUCA4opwQnfopPVuo6S6ZtixtqC5gA_6Q&s=ZHy8QPLLGpASbNRMNj1dHwVGeaN81HXhPE-CPRtrUTs&e=>);
  2.  On 20 November 2013, the GNSO Council approved all the consensus recommendations in the PDP Final Report (http://gnso.icann.org/en/council/resolutions#20131120-2 [gnso.icann.org]<https://urldefense.proofpoint.com/v2/url?u=http-3A__gnso.icann.org_en_council_resolutions-2320131120-2D2&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=PDd_FX3f4MVgkEIi9GHvVoUhbecsvLhgsyXrxgtbL10DTBs0i1jYiBM_uTSDzgqG&m=eUS9kL0soykUCA4opwQnfopPVuo6S6ZtixtqC5gA_6Q&s=izcAnXjO-4Aia3n3ubqvMAcorAxZ0QNGTiQJcmJK2pg&e=>);
  3.  On 30 April 2014, the ICANN Board approved those of the GNSO’s consensus recommendations that were consistent with advice received from the Governmental Advisory Committee (GAC) on the topic of IGO and INGO protections (which approval, in relation to the Red Cross, was limited to withholding from registration at both the top and second levels the specific terms designated as so-called “Scope 1” identifiers by the PDP Working Group (i.e., “Red Cross”, “Red Crescent”, “Red Crystal” and “Red Lion & Sun” in all six official languages of the United Nations)) and requested additional time to consider those remaining consensus PDP recommendations that were not consistent with GAC advice (http://www.icann.org/en/groups/board/documents/resolutions-30apr14-en.htm#2.a [icann.org]<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.icann.org_en_groups_board_documents_resolutions-2D30apr14-2Den.htm-232.a&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=PDd_FX3f4MVgkEIi9GHvVoUhbecsvLhgsyXrxgtbL10DTBs0i1jYiBM_uTSDzgqG&m=eUS9kL0soykUCA4opwQnfopPVuo6S6ZtixtqC5gA_6Q&s=O_Dri_gE-AjwnzM0eGqSjRhxGFoGPR-CiAswe6UUZ-I&e=>);
  4.  In March 2017, representatives of the GAC and GNSO held a discussion at the ICANN58 Public Meeting in Copenhagen, facilitated by former ICANN Board member Dr. Bruce Tonkin, to discuss a possible path forward for reconciling GAC advice and GNSO policy on the topic of protection at the second level of the domain name system for IGO acronyms and the remaining names and acronyms associated with the Red Cross (being those designated by the IGO-INGO PDP Working Group as “Scope 2” identifiers);
  5.  Following the March 2017 facilitated discussion, the ICANN Board passed a resolution requesting that the GNSO Council consider initiating the Policy Amendment Process documented in the GNSO PDP Manual in respect of certain of the so-called “Scope 2” identifiers for the Red Cross, i.e., the full names of the National Societies recognized within the International Red Cross and Red Crescent movement, and the full names of the International Red Cross and Red Crescent Movement, the International Committee of the Red Cross, and the International Federation of Red Cross and Red Crescent Societies (in the six official languages of the United Nations) (https://www.icann.org/resources/board-material/resolutions-2017-03-16- en#2.e.i<file:///C:/Users/Berry/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/707X05B7/65236743>);
  6.  In May 2017, the GNSO Council passed a resolution noting that the March 2017 facilitated discussions had highlighted a set of exceptional circumstances (in the availability of a finite list of names and documented evidence of the legal basis for their protection) constituting a justifiable basis for the Council’s taking the extraordinary step of reconvening the original IGO-INGO PDP Working Group pursuant to Section 16 of the GNSO PDP Manual for the specific purpose of considering possible modifications to its previous consensus policy recommendations concerning and limited to the so-called “Scope 2” Red Cross full names noted by the Board, and including a defined, finite list of variants of those names, and with acronyms and any other names not falling within the scope of this reconvened effort (https://gnso.icann.org/en/council/resolutions#20170503-071 [gnso.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_en_council_resolutions-2320170503-2D071&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=PDd_FX3f4MVgkEIi9GHvVoUhbecsvLhgsyXrxgtbL10DTBs0i1jYiBM_uTSDzgqG&m=eUS9kL0soykUCA4opwQnfopPVuo6S6ZtixtqC5gA_6Q&s=Yqa6puI1et72KQUJeR_SJ2TC06ZHbfJ1YqawQBYVtIY&e=>);
  7.  The Reconvened PDP Working Group held its first meeting on 14 June 2017, and has since worked diligently to develop a set of recommendations that were published for public comment on 21 June 2018 (https://www.icann.org/public-comments/red-cross-protection-initial-2018-06-21-en [icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_public-2Dcomments_red-2Dcross-2Dprotection-2Dinitial-2D2018-2D06-2D21-2Den&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=PDd_FX3f4MVgkEIi9GHvVoUhbecsvLhgsyXrxgtbL10DTBs0i1jYiBM_uTSDzgqG&m=eUS9kL0soykUCA4opwQnfopPVuo6S6ZtixtqC5gA_6Q&s=BZdeRz0wUTVCoBLx7mOdWIsBKzdbRqW8O5lVgpyFvTk&e=>); and
  8.  Following the close of the public comment period on 31 July 2018, the Reconvened PDP Working Group reviewed the comments that were received and completed its Final Report and finite List of names, which it submitted to the GNSO Council for its consideration on 6 August 2018 (https://gnso.icann.org/en/issues/igo-ingo/red-cross-protection-policy-amend-process-final-06aug18-en.pdf [gnso.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_en_issues_igo-2Dingo_red-2Dcross-2Dprotection-2Dpolicy-2Damend-2Dprocess-2Dfinal-2D06aug18-2Den.pdf&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=PDd_FX3f4MVgkEIi9GHvVoUhbecsvLhgsyXrxgtbL10DTBs0i1jYiBM_uTSDzgqG&m=eUS9kL0soykUCA4opwQnfopPVuo6S6ZtixtqC5gA_6Q&s=0WdiKHBBXEHJs8KzgDl3Ib0MMWgijeqfU7ulDIVnqEU&e=>)( https://gnso.icann.org/en/issues/igo-ingo/red-cross-identifiers-proposed-reservation-06aug18-en.pdf [gnso.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_en_issues_igo-2Dingo_red-2Dcross-2Didentifiers-2Dproposed-2Dreservation-2D06aug18-2Den.pdf&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=PDd_FX3f4MVgkEIi9GHvVoUhbecsvLhgsyXrxgtbL10DTBs0i1jYiBM_uTSDzgqG&m=eUS9kL0soykUCA4opwQnfopPVuo6S6ZtixtqC5gA_6Q&s=I1yUNGoBuQnwrYDPSEyzYdWYvg3UotkCjkVg1D3G5I8&e=>).



Resolved:

  1.  The GNSO Council has reviewed the Final Report and approves all of the consensus recommendations made by the Reconvened PDP Working Group;
  2.  The GNSO Council thanks the Reconvened PDP Working Group for its diligence and its successful work in attaining consensus on all recommendations;
  3.  The GNSO Council thanks the International Red Cross and Red Crescent Movement for its efforts in providing the documentation and information needed to justify and underpin the consensus recommendations; and
  4.  The GNSO Council directs ICANN staff to prepare a Recommendations Report for delivery to the ICANN Board in accordance with the process outlined in the ICANN Bylaws.

Vote results [gnso.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_sites_default_files_file_field-2Dfile-2Dattach_gnso-2Dcouncil-2Dmotion-2Drecorder-2D27sep18-2Den.pdf&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=PDd_FX3f4MVgkEIi9GHvVoUhbecsvLhgsyXrxgtbL10DTBs0i1jYiBM_uTSDzgqG&m=eUS9kL0soykUCA4opwQnfopPVuo6S6ZtixtqC5gA_6Q&s=8qKdWxbBLd2FvUEmY_A8q7J2WoPpl-0RG9W7UUrEF_k&e=>

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