[council] FYI - Board adoption of GAC scorecard

Wed Jan 30 16:33:02 UTC 2019

For your information (see https://www.icann.org/resources/board-material/resolutions-2019-01-27-en#2.c):
•  GAC Advice: Barcelona Communiqué (October 2018)

Whereas, the Governmental Advisory Committee (GAC) met during the ICANN63 meeting in Barcelona, Spain and issued advice to the ICANN Board in a communiqué<https://www.icann.org/en/system/files/correspondence/gac-to-icann-25oct18-en.pdf> on 25 October 2018 ("Barcelona Communiqué").

Whereas, the Barcelona Communiqué was the subject of an exchange<https://gac.icann.org/sessions/gac-and-icann-board-conference-call-regarding-icann62-communique> between the Board and the GAC on 28 November 2018.

Whereas, in a 20 December 2018 letter<https://www.icann.org/en/system/files/correspondence/ismail-to-chalaby-botterman-20dec18-en.pdf>, the GAC provided additional clarification of language contained in the Barcelona Communiqué Annex titled Follow-up to Original Joint Statement by ALAC and GAC (Abu Dhabi, 2 November 2017).

Whereas, in a 21 December 2018 letter<https://www.icann.org/en/system/files/correspondence/drazek-et-al-to-icann-board-21dec18-en.pdf>, the GNSO Council provided its feedback to the Board concerning advice in the Barcelona Communiqué relevant to generic top-level domains to inform the Board and the community of gTLD policy activities that may relate to advice provided by the GAC.

Whereas, the ICANN organization published a memorandum<https://www.icann.org/en/system/files/files/implementation-memo-two-character-ascii-labels-22jan19-en.pdf> and historical briefing paper<https://www.icann.org/en/system/files/files/historical-overview-two-character-ascii-labels-22jan19-en.pdf> providing clarification regarding the development and evolution of ICANN organization's procedure for the release of two-character labels at the second level and the standard framework of measures for avoiding confusion with corresponding country codes.

Whereas, the Board developed a scorecard to respond to the GAC's advice in the Barcelona Communiqué, taking into account the dialogue between the Board and the GAC, the clarification letter provided by the GAC Chair, the information provided by the GNSO Council, and the memorandum and briefing paper released by the ICANN org.

Whereas, the Board has considered the previously deferred GAC advice<https://www.icann.org/en/system/files/files/resolutions-panamacity62-gac-advice-scorecard-16sep18-en.pdf> regarding two-character country codes at the second level from the Panama Communiqué, and has included a response in the current scorecard "GAC Advice – Barcelona Communiqué: Actions and Updates (25 January 2019)".

Resolved (2019.01.27.18), the Board adopts the scorecard titled "GAC Advice – Barcelona Communiqué: Actions and Updates (25 January 2019)<https://www.icann.org/en/system/files/files/resolutions-barcelona63-gac-advice-scorecard-27jan19-en.pdf>" in response to items of GAC advice in the Barcelona Communiqué and the Panama Communiqué.

Rationale for Resolution 2019.01.27.18

Article 12, Section 12.2(a)(ix) of the ICANN Bylaws permits the GAC to "put issues to the Board directly, either by way of comment or prior advice, or by way of specifically recommending action or new policy development or revision to existing policies." In its Barcelona Communiqué (25 October 2018), the GAC issued advice to the Board on: two-character country codes at the second level and protection of names and acronyms of Intergovernmental Organizations (IGOs) in gTLDs. The GAC also provided a follow-up to previous advice GDPR and WHOIS, the Dot Amazon applications, protection of the Red Cross and Red Crescent designations and identifiers, and a follow-up to the joint statement by ALAC and GAC (Abu Dhabi, 2 November 2017). The ICANN Bylaws require the Board to take into account the GAC's advice on public policy matters in the formulation and adoption of the polices. If the Board decides to take an action that is not consistent with the GAC advice, it must inform the GAC and state the reasons why it decided not to follow the advice. Any GAC advice approved by a full consensus of the GAC (as defined in the Bylaws) may only be rejected by a vote of no less than 60% of the Board, and the GAC and the Board will then try, in good faith and in a timely and efficient manner, to find a mutually acceptable solution.

The Board is taking action today on all items in the Barcelona Communiqué, including the items related to two-character country codes at the second level as well as protections of IGOs. The Board is also taking action on the items regarding two-character country codes at the second level from the Panama Communiqué, consideration of which had been previously deferred.

The Board will continue to defer consideration of five items from the San Juan Communiqué, including: four advice items related to GDPR and WHOIS and one advice item related to IGO reserved acronyms, pending further discussion with the GAC. The Board will consider if further action is needed following these discussions.

The Board's actions are described in the scorecard dated 25 January 2019<https://www.icann.org/en/system/files/files/resolutions-barcelona63-gac-advice-scorecard-27jan19-en.pdf>.

In adopting its response to the GAC advice in the Barcelona Communiqué, the Board reviewed various materials, including, but not limited to, the following materials and documents:

  *   Panama Communiqué (28 June 2018): https://www.icann.org/en/system/files/correspondence/gac-to-icann-28jun18-en.pdf [PDF, 576 KB]
  *   Barcelona Communiqué (25 October 2018): https://www.icann.org/en/system/files/correspondence/gac-to-icann-25oct18-en.pdf
  *   The GNSO Council's review of the advice in the Barcelona Communiqué as presented in the 21 December 2018 letter to the Board: https://www.icann.org/en/system/files/correspondence/drazek-et-al-to-icann-board-21dec18-en.pdf
  *   The GAC's clarification of Barcelona Communqiué Attach Language – Follow-up to Original Joint Statement by ALAC and GAC (Abu Dhabi, 2 November 2017): https://www.icann.org/en/system/files/correspondence/ismail-to-chalaby-botterman-20dec18-en.pdf
  *   The ICANN Organization's memorandum providing clarification regarding the development and evolution of ICANN organization's procedure for the release of two-character labels at the second level and the standard framework of measures for avoiding confusion with corresponding country codes: https://www.icann.org/en/system/files/files/implementation-memo-two-character-ascii-labels-22jan19-en.pdf
  *   The ICANN Organization's Historical Overview of Events Regarding Two-Character Labels at the Second Level in the New gTLD Namespace: https://www.icann.org/en/system/files/files/historical-overview-two-character-ascii-labels-22jan19-en.pdf

The adoption of the GAC advice as provided in the scorecard will have a positive impact on the community because it will assist with resolving the advice from the GAC concerning gTLDs and other matters. There are no foreseen fiscal impacts associated with the adoption of this resolution. Approval of the resolution will not impact security, stability or resiliency issues relating to the DNS. This is an Organizational Administrative function that does not require public comment.
Marika Konings
Vice President, Policy Development Support – GNSO, Internet Corporation for Assigned Names and Numbers (ICANN)
Email: marika.konings at icann.org<mailto:marika.konings at icann.org>

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