[council] GNSO Council resolution 21 October 2020

Wed Oct 21 12:04:11 UTC 2020

Dear all,

Please find below the resolution from the GNSO Council at the meeting Part 1 on Wednesday 21 October 2020 which will be posted shortly on the GNSO resolutions<https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_en_council_resolutions_2020&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=PDd_FX3f4MVgkEIi9GHvVoUhbecsvLhgsyXrxgtbL10DTBs0i1jYiBM_uTSDzgqG&m=ZSgASD1EuH-U7lIp4Tv5rZ7qbpaQd30Zx7zYM0-pUk0&s=fX9ASCG1j6_lmUZBaZPCSK8a5HGDv7G_X0ZM7ChsG_k&e=> page.

Item 3: Consent Agenda

3.1 - Action Decision Radar<https://community.icann.org/download/attachments/40175174/program_management_tool_20200924.pdf?version=1&modificationDate=1599834261000&api=v2> - Next Steps for WHOIS Conflicts Procedure Implementation Advisory Group

The GNSO Council has considered the proposed immediate actions and subsequent steps as outlined in the WHOIS Conflicts Procedure IAG (WHOIS IAG) Small Team’s proposal<http://mm.icann.org/pipermail/council/attachments/20201006/2a0c0c3e/SummaryofWHOISConflictsProcedureIAGSmallTeamProposal-0001.docx>. The proposal outlines recommended next steps to consider with respect to modifying the implementation of the WHOIS Conflicts Procedure, in light of public comments received and changes to data protection law that may have affected the implementation of the Procedure. Specifically, the GNSO Council requests:

  1.   ICANN org, in consultation with contracted parties, to draft a proposal for a modification to the existing Procedure based on its past experience with both the WHOIS Conflicts Procedure and the registrar data retention waiver process. In formulating the draft proposal, the GNSO Council recommends that ICANN org consider changes to data protection law that may have affected the previous implementation of this Procedure in light of the contractual requirements, e.g., the General Data Protection Regulation. For example, should the identification of a new trigger to activate the procedure be considered given potential financial penalties under GDPR?
  2.  Following receipt of the proposal from ICANN org, the GNSO Council will consider the proposal and assess next steps, including seeking input from the community, if appropriate, given the substance of the proposal. Following the GNSO Council’s consideration, the GNSO Council may choose to adopt the proposal.
  3.  If the GNSO Council does not deem the proposal appropriate:
     *   the GNSO Council will recommend a small group of Council volunteers to review the WHOIS IAG draft charter<https://gnso.icann.org/sites/default/files/file/field-file-attach/draft-icann-procedure-whois-conflicts-iag-23jan18-en.pdf> and confirm it is still fit for purpose; and
     *   Following confirmation of the Charter by the GNSO Council, the GNSO Council recommends launching the call for volunteers for the WHOIS IAG, taking into consideration the GNSO Council’s upcoming workload. For example, the call for volunteers may need to be postponed if no community bandwidth is available to immediately consider the issues. In the meantime, ICANN org, in conjunction with the EPDP Phase 1 IRT, will need to update relevant terminology pursuant to EPDP Phase 1, Rec. 27.
  4.  Should the GNSO Council consider the outcome developed from the WHOIS IAG unacceptable, the GNSO Council will consider initiating an EPDP to either change or repeal the Consensus Policy.

3.2 - Action Decision Radar<https://community.icann.org/download/attachments/40175174/program_management_tool_20200924.pdf?version=1&modificationDate=1599834261000&api=v2> - Per the rationale<https://gnso.icann.org/en/drafts/draft-epdp-idn-policy-2-11oct20-en> circulated on 11 October 2020, Council agrees to launch a call for volunteers for a small team to develop both a draft charter and an EPDP scoping document for the IDN Policy Track 2.

3.3 - Following the GNSO Council’s consideration of the proposed immediate actions and subsequent steps as outlined here<https://gnso.icann.org/sites/default/files/file/field-file-attach/epdp-2-priority-2-items-10sep20-en.pdf>, the GNSO Council directs:

EPDP Phase 2a – Legal/natural and feasibility of unique contacts

  1.  The GNSO Policy Support Team communicate to the groups that have appointed members to the EPDP Team that the Council is expected to instruct the EPDP Team to further consider the topics of legal/natural and feasibility of unique contacts per the instructions above, as well as the expected timeframe, provided herein for reference, “[a]t the latest 3 months after reconvening, the Chair of the EPDP Team and GNSO Council Liaison to the EPDP will report back to the GNSO Council on the status of deliberations. Based on this report, which is expected to include an update on progress made and the expected likelihood of consensus recommendations, the GNSO Council will decide on next steps, which could include providing additional time for the EPDP to finalize its recommendations or termination of the EPDP if it is clear that no progress is being made or consensus is unlikely). Request groups to:
     *   Commence process of confirming members availability and/or re- appointing members to work on these topics. Proposed deadline: 15 November.
     *   Start developing proposals to address these topics, factoring in deliberations to date, that will allow the EPDP Team to kickstart deliberations on these topics when it reconvenes.”
  2.  The Council leadership to initiate an Expression of Interest Process to identify a new Chair.

The EPDP Team shall recommence its deliberations upon selection and confirmation of a new Chair; however, should no suitable candidates be found or should the appointment process require significant time, Council leadership will inform the Council accordingly and recommend commencement of deliberations under the leadership of the GNSO Council liaison to the EPDP Team.

Accuracy:

  1.  The GNSO Policy Support Team communicates to GNSO SG/Cs, as well as ICANN Advisory Committees that have expressed an interest in the topic of accuracy, the intent of the GNSO Council to launch a scoping team on this topic. Request groups to:
     *   Start thinking about members that have relevant knowledge and expertise that should join this effort once the scoping team launches.
     *   Start compiling relevant information and suggestions that would allow kickstarting the discussions on 1. and 2. once the scoping team is formed (see here<https://gnso.icann.org/sites/default/files/file/field-file-attach/epdp-2-priority-2-items-10sep20-en.pdf> for resources already identified).
  2.  Council leadership to request ICANN Org to develop a briefing document that outlines both (i) existing accuracy requirements and programs and (ii) the corresponding impact that GDPR has had on implementing / enforcing these requirements and programs. The document, once delivered, will be provided to the scoping team to inform its deliberations.
  3.  GNSO Council to consider in the context of the Council Action / Decision Radar, the appropriate starting time for this effort, factoring in other projects that are in the pipeline.

3.4 - Confirmation of the Recommendations Report<https://gnso.icann.org/sites/default/files/file/field-file-attach/draft-epdp-phase-2-report-08oct20-en.pdf> to the ICANN Board regarding adoption of recommendations 1-22 contained in the Final Report from the EPDP Temporary Specification for gTLD Registration Data – Phase 2.

3.5 - Appointment of the GNSO Liaison to the Governmental Advisory Committee (motion<https://community.icann.org/x/OgebC>)

Vote results <https://gnso.icann.org/en/meetings/gnso-council-motion-recorder-21oct20-en.pdf>

Thank you.

Kind regards,

Nathalie

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