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

[Elsa S]

Apologies, the letter has already been sent I see!

E.
—

On Mon, Jul 29, 2019 at 9:32 AM Elsa S <elsa.saade at gmail.com> wrote:

> Hi Marie and Pam,
>
> Thank you both for the emails and apologies for the late response.
>
> If that is the case Pam, and the GNSO council’s vision is that ICANN org
> is best equipped to lead the effort, I feel stronger on Point five not
> being a distinctive point in the list. I would suggest adding that we’ve
> considered other avenues such as the GAC, in the introduction to the points
> instead!
>
> My two cents here,
>
> E.
> —
>
> On Fri, Jul 26, 2019 at 12:57 AM Pam Little <pam.little at alibaba-inc.com>
> wrote:
>
>> Hi Marie & Elsa.
>>
>> Apologies for the late response. The attached letter has been sent to Mandy
>> Carver (VP for Government Engagement - Global Coordination) before
>> Marie's email to the Council list.
>>
>> With regard to Marie's question, I would note in our letter we (the
>> Council) "encourage ICANN Org to establish a standardized process for
>> community members to submit important legislative or regulatory changes to
>> ICANN". So hopefully ICANN will take that into consideration and implement
>> an appropriate process for community feedback and follow-up actions. As
>> ICANN org and the community are still exploring how best to tackle this,
>> I am confident that there will be more opportunities in the future for
>> the Council to engage with ICANN org and get more clarity, if necessary.
>>
>> With regard to Elsa's question, I agree with Marie's take. I seem to
>> recall the idea of seeking GAC's assistance came from one of the Council
>> members during our earlier discussions. But our subsequent conversations
>> with the GAC were not encouraging. In short,  #5 was not intended to single
>> out the GAC but to let ICANN org know we did explore other avenues but
>> it seems that, in the end, ICANN org is best equipped to lead this
>> effort.
>>
>> I hope this helps.
>>
>> Kind regards,
>>
>> Pam
>>
>> ------------------------------------------------------------------
>> Sender:Marie Pattullo <marie.pattullo at aim.be>
>> Sent At:2019 Jul. 25 (Thu.) 01:55
>> Recipient:Elsa S <elsa.saade at gmail.com>; "Drazek, Keith" <
>> kdrazek at verisign.com>
>> Cc:gnso-secs at icann.org <gnso-secs at icann.org>;
>> council-bounces at gnso.icann.org <council-bounces at gnso.icann.org>;
>> council at gnso.icann.org <council at gnso.icann.org>
>>
>> Subject:Re: [council] ICANN's Legislative/Regulatory Tracker --
>> Recommended Improvements
>>
>> Hi all,
>>
>>
>>
>> Sorry if I missed it, but where are we on this, please?
>>
>>
>>
>> Also repeating my question from last week, “do we know how this will be
>> used, as in: when they get community feedback, what will they actually do
>> with it? Just add it to a list? Or is there a process envisaged to (e.g.)
>> forward relevant updates to SOs/SGs/Cs or even external
>> consultants/experts etc.? Should we ask them for clarity on that?”
>>
>>
>>
>> Elsa, to your point below, as we suggested in the redraft, I think the
>> highlighted bit may answer your question?
>>
>>
>>
>> 5.            The GNSO Council considers the GAC to be an important
>> partner in these discussions and we would be delighted if GAC members
>> could alert us to draft legislation which might have an impact on ICANN’s
>> contracts and policies. 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.
>>
>>
>>
>> They/their colleagues will be the one doing such drafting so they should
>> be a good resource, I think.
>>
>>
>>
>> Kind regards.
>>
>>
>>
>> Marie
>>
>>
>>
>>
>>
>> *From:* council <council-bounces at gnso.icann.org> *On Behalf Of *Elsa S
>> *Sent:* Wednesday, July 17, 2019 4:37 PM
>> *To:* Drazek, Keith <kdrazek at verisign.com>
>> *Cc:* council at gnso.icann.org; gnso-secs at icann.org;
>> council-bounces at gnso.icann.org
>> *Subject:* Re: [council] ICANN's Legislative/Regulatory Tracker --
>> Recommended Improvements
>>
>>
>>
>> Thanks to all who worked on this draft. I have a question about the fifth
>> line: i don’t see the point of singling out the GAC given that we have
>> already mentioned the importance of community input and the need for ICANN
>> to take the lead on structuring dialogue and monitoring in the other points.
>>
>>
>>
>> For reference:
>>
>>
>>
>> Fifth, 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.
>>
>>
>>
>>
>>
>> Best,
>>
>> Elsa
>>
>>
>>
>> —
>>
>> On Tue, Jul 16, 2019 at 5:59 AM Drazek, Keith via council <
>> council at gnso.icann.org> wrote:
>>
>>
>>
>> Hi all,
>>
>>
>>
>> Thanks for all the good work on this response. I have added one more
>> bullet to the letter, which acknowledges and supports further consideration
>> of the potential for the CCEG-IG to serve a formal or informal
>> collaborating function between ICANN Board, ICANN Org, and the community
>> (including GAC) on this important work.
>>
>>
>>
>> Best,
>>
>> Keith
>>
>>
>>
>> *From:* council <council-bounces at gnso.icann.org> *On Behalf Of *Pam
>> Little
>> *Sent:* Tuesday, July 16, 2019 10:08 AM
>> *To:* Darcy Southwell <darcy.southwell at endurance.com>;
>> philippe.fouquart at orange.com; council <council-bounces at gnso.icann.org>
>> *Cc:* gnso-secs at icann.org; council at gnso.icann.org
>> *Subject:* [EXTERNAL] Re: [council] ICANN's Legislative/Regulatory
>> Tracker -- Recommended Improvements
>>
>>
>>
>> Hi all,
>>
>>
>>
>> Apologies - I inadvertently omitted the version that Flip posted earlier,
>> which contained further changes to the third issue. Please use the attached
>> version instead.
>>
>>
>>
>> Kind regards,
>>
>>
>>
>> Pam
>>
>>
>>
>> ------------------------------------------------------------------
>>
>> Sender:PAMELALITTLE <pam.little at alibaba-inc.com>
>>
>> Sent At:2019 Jul. 16 (Tue.) 09:01
>>
>> Recipient:Darcy Southwell <darcy.southwell at endurance.com>;
>> philippe.fouquart at orange.com <philippe.fouquart at orange.com>; council <
>> council-bounces at gnso.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
>>
>>
>>
>> Thank you very much to those who contributed to the draft.
>>
>>
>>
>> I have made a few more suggested edits, including the following for
>> clarity and to avoid repetition:
>>
>>    - add a definition: *ICANN’s contracts with registries and
>>    registrars, consensus policies, and policies in effect or in development
>>    (“ICANN’s Contracts and Policies”)*
>>
>>
>>    - merge the second and fifth points to read:
>>
>> ·     *Second, we encourage ICANN **org** to conduct standard 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 ICANN’s Contracts and Policies, and
>> outline concretely what implications are anticipated. A timeline should be
>> included so the community can understand how imminent the
>> law/regulation/directive is and when it needs to take action. Once such law
>> or regulation has been adopted, ICANN **org** should undertake a
>> compliance assessment as soon as possible to ensure sufficient time to
>> address any deficiencies or issues.*
>>
>>
>>
>> I suggest we aim to send the finalized version by COB this Friday 19th
>> July. So if you have further edits or any concerns or objections, please
>> post to the Council mailing list.
>>
>>
>>
>> Kind regards,
>>
>>
>>
>> Pam
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>> ------------------------------------------------------------------
>>
>> Sender:Flip Petillion <fpetillion at petillion.law>
>>
>> Sent At:2019 Jul. 16 (Tue.) 00:39
>>
>> Recipient:Darcy Southwell <darcy.southwell at endurance.com>;
>> philippe.fouquart at orange.com <philippe.fouquart at orange.com>
>>
>> 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
>>
>>
>>
>> All:
>>
>>
>>
>> I made a change in the third issue.
>>
>> Best
>>
>>
>>
>> Flip
>>
>>
>>
>> Flip Petillion
>>
>> fpetillion at petillion.law
>>
>> +32484652653
>>
>> www.petillion.law
>>
>>
>>
>> [image: signature_2145422569] <http://www.petillion.law/>
>>
>>
>>
>>   Attorneys – Advocaten - Avocats
>>
>>
>>
>>
>>
>>
>>
>>
>>
>> *From: *council <council-bounces at gnso.icann.org> on behalf of Darcy
>> Southwell <darcy.southwell at endurance.com>
>> *Date: *Friday, 12 July 2019 at 17:07
>> *To: *"philippe.fouquart at orange.com" <philippe.fouquart at orange.com>
>> *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
>>
>>
>>
>> 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
>> recipient, use and disclosure of this message are prohibited. If you
>> received this transmission in error, please notify the sender by reply
>> e-mail and delete the message and any attachments.
>>
>> *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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>> By submitting your personal data, you consent to the processing of your
>> personal data for purposes of subscribing to this mailing list accordance
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>> the website Terms of Service (https://www.icann.org/privacy/tos). You
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>> --
> --
>
> Elsa Saade
> Consultant
> Gulf Centre for Human Rights
> Twitter: @Elsa_Saade
>
-- 
--

Elsa Saade
Consultant
Gulf Centre for Human Rights
Twitter: @Elsa_Saade
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