[council] ICANN's Legislative/Regulatory Tracker -- Recommended Improvements

[Darcy Southwell]

All, I made a minor clarification in the fifth issue.

Thanks,
Darcy

On Tue, Jul 9, 2019 at 8:26 AM <philippe.fouquart at orange.com> wrote:

> Thanks (and I don’t even have the holidays to blame :s ). Both Ayden’s
> points, and the rephrasing suggested by Darcy are excellent.
>
>
>
> The first item relative to community’s input has been raised a number of
> times; I remember asking a question during a CSG meeting with the Board in
> Kobe. Not that the answer was unsatisfactory but it was hardly practical.
>
>
>
> Ultimately, I think we need to keep in mind the primary goal of all this,
> ie (I think) should there be a “new GDPR in the making” (in terms of having
> an impact on policies), the community should be able to detect it with this
> tool. I’m not sure it would in its current state, so the points are well
> made.
>
>
>
> Regards,
>
> Philippe
>
>
>
> *From:* council [mailto:council-bounces at gnso.icann.org] *On Behalf Of *McGrady,
> Paul D.
> *Sent:* Monday, July 08, 2019 1:30 PM
> *To:* Darcy Southwell; Ayden Férdeline; Steve Chan
> *Cc:* gnso-secs at icann.org; council at gnso.icann.org
> *Subject:* Re: [council] ICANN's Legislative/Regulatory Tracker --
> Recommended Improvements
>
>
>
> Thanks Darcy.  These edits look great.  Sorry so slow in responding.  I
> was overtaken by the holiday!
>
>
>
> Best,
>
> Paul
>
>
>
>
>
> *From:* Darcy Southwell <darcy.southwell at endurance.com>
> *Sent:* Monday, July 1, 2019 6:58 PM
> *To:* McGrady, Paul D. <PMcGrady at taftlaw.com>; Ayden Férdeline <
> icann at ferdeline.com>; Steve Chan <steve.chan at icann.org>
> *Cc:* gnso-secs at icann.org; council at gnso.icann.org
> *Subject:* Re: [council] ICANN's Legislative/Regulatory Tracker --
> Recommended Improvements
>
>
>
> Thanks for taking the lead, Ayden, and for your edits, Paul. I support
> Paul’s edits.  I have proposed some additional edits in addition to Paul’s
> in the attached.
>
>
>
> I think it may be better received if we qualify what we’re seeking from
> ICANN Org, rather than referencing ICANN activities, which could be
> perceived as so sweepingly broad that it’s not doable.
>
>
>
> Thanks,
>
> Darcy
>
>
>
> *From: *council <council-bounces at gnso.icann.org> on behalf of "McGrady,
> Paul D." <PMcGrady at taftlaw.com>
> *Date: *Sunday, June 30, 2019 at 8:28 AM
> *To: *Ayden Férdeline <icann at ferdeline.com>, Steve Chan <
> steve.chan at icann.org>
> *Cc: *"gnso-secs at icann.org" <gnso-secs at icann.org>, "council at gnso.icann.org"
> <council at gnso.icann.org>
> *Subject: *Re: [council] ICANN's Legislative/Regulatory Tracker --
> Recommended Improvements
>
>
>
> Thanks Ayden.
>
>
>
> All, attached is a revision version with a few edits, mostly around tone.
>
>
>
> Best,
>
> Paul
>
>
>
>
>
>
>
>
>
> This message may contain information that is attorney-client privileged,
> attorney work product or otherwise confidential. If you are not an intended
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>
> *From:* council <council-bounces at gnso.icann.org> *On Behalf Of *Ayden
> Férdeline
> *Sent:* Sunday, June 30, 2019 6:25 AM
> *To:* Steve Chan <steve.chan at icann.org>
> *Cc:* gnso-secs at icann.org; council at gnso.icann.org
> *Subject:* Re: [council] ICANN's Legislative/Regulatory Tracker --
> Recommended Improvements
>
>
>
> I have drafted a message on behalf of the Council for Council's
> consideration on this topic. This is based upon our previous conversations.
> Please find attached and pasted below my signature. Thanks.
>
>
>
> Ayden Férdeline
>
> --
>
>
>
> *Recommended Improvements from the GNSO Council on ICANN Org Legislative
> Statement*
>
>
>
> The GNSO Council supports ICANN org in its initiative to identify
> legislative and regulatory efforts across the globe that may have impacts
> on ICANN activities. However, we have some recommended improvements to the
> approach that ICANN org takes.
>
>    - First, the GNSO Council believes that the current, crowdsourced
>    approach where the community is expected to identify errors and omissions
>    in the Global Legislative and Regulatory Developments Report is
>    inappropriate. If ICANN is a professional organization then its
>    professional staff should be comprehensively monitoring the regulatory
>    landscape within which we operate.
>    - Second, we encourage ICANN org to conduct proper regulatory impact
>    assessments so that the community can understand the intended rationale for
>    a law/regulation/directive, specific extracts of the proposed text that
>    could have implications on activities within ICANN’s remit, and outline
>    concretely what implications are anticipated for ICANN. A timeline should
>    be included so we understand how imminent the law/regulation/directive is
>    and when we need to take action.
>    - Third, we encourage ICANN org to partner with a professional firm to
>    receive regular updates (at least every three months) focused on those key
>    regions which cause the majority of concerns. These reports must be made
>    available to ICANN community members in a timely manner.
>    - Fourth, while the GNSO Council would be pleased to accept ongoing
>    monitoring reports, we would also welcome the opportunity to be briefed at
>    our face-to-face meetings by ICANN’s government relations team and to enter
>    into a dialogue about issues that have the potential to cause us concern.
>    - Fifth, once a law or regulation has been adopted, ICANN org must
>    undertake a compliance assessment in order to fully understand what
>    implications there may or may not be on ICANN activities.
>    - Sixth, the GNSO Council considers the GAC to be an important partner
>    in these discussions and we would be delighted if they are able to alert us
>    to potentially problematic legislation. However, we understand that often
>    the GAC is not in a position to be able to do so, so we believe the onus
>    must ultimately fall on ICANN org to structure the dialogue and to monitor
>    regulatory and legislative developments.
>
>  Thank you for welcoming our input.
>
>
>
> ‐‐‐‐‐‐‐ Original Message ‐‐‐‐‐‐‐
>
> On Sunday, 23 June 2019 18:01, Steve Chan <steve.chan at icann.org> wrote:
>
>
>
> Dear Ayden, Darcy, Erika, Flip, Michele, Phillipe and Tatiana,
>
>
>
> In reviewing the Council’s action items, we recognized that the item below
> is still outstanding:
>
>
>
> *Small group of Councilors* to develop draft message to ICANN Org to
> provide input on legislative tracker. Based on feedback, Council leadership
> to consider scheduling follow up discussion at ICANN65.
>
>
>
> We wanted to bring this to your attention, as you all volunteered to work
> on this item. While the latter part of the action item (e.g., engaging at
> ICANN65) is likely impractical at this point, you may still want to draft a
> message to send to ICANN org. As Keith noted, please work together and let
> staff know if you need any assistance.
>
>
>
> Best,
>
> Steve
>
>
>
> *From: *council <council-bounces at gnso.icann.org> on behalf of "Drazek,
> Keith via council" <council at gnso.icann.org>
> *Reply-To: *"Drazek, Keith" <kdrazek at verisign.com>
> *Date: *Thursday, April 4, 2019 at 7:35 PM
> *To: *"council at gnso.icann.org" <council at gnso.icann.org>
> *Cc: *"gnso-secs at icann.org" <gnso-secs at icann.org>
> *Subject: *[council] ICANN's Legislative/Regulatory Tracker --
> Recommended Improvements
>
>
>
> Ayden, Darcy, Erika, Flip, Michele, Phillipe and Tatiana:
>
>
>
> During our GNSO Working Session in Kobe, the seven of you volunteered to
> help develop GNSO Council recommendations for improvements to ICANN’s
> current Legislative/Regulatory tracking effort.
>
>
>
> As we discussed, ICANN’s work in this area is relatively new and still
> evolving, and we have an opportunity to engage with Theresa’s group to help
> shape their approach to ensure it is applicable to our policy work and
> process management responsibilities. While their work product is currently
> a spreadsheet, I recall we agreed it needs to go much deeper in analysis
> and demonstrate a predictive capability for where future or existing
> regulations impact GNSO policies, in effect now or under future development.
>
>
>
> Please work together and with Staff to help kick off this important and
> timely work.
>
>
>
> Thanks,
>
> Keith
>
>
>
>
>
>
>
>
>
>
>
>
>
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