[council] EPDP Ph2 SSAD ODP and next steps

Tue Jan 4 19:12:58 UTC 2022

Dear Councilors,
Dear EPDP Phase 2 members,
Dear SG/C Chairs,

I trust this finds you all well.

Following the informal SSAD ODP update on 20 December, in which representatives from the ICANN Board GDPR Caucus, ICANN org, the GNSO Council and GNSO appointed members of the EPDP Phase 2 team participated, Council leadership has worked with the staff support team on the attached paper which aims to provide a high level outline of the different ideas and suggestions that were made during that meeting. This is intended to serve as a basis for further discussions within the GNSO community for how to prepare for next steps in the consultation with the ICANN Board, which is in the process of being scheduled.

To continue our conversation, obtain further input on possible next steps and assess whether there is possible convergence concerning next steps, we would like to schedule another call for the Council and GNSO appointed members of the EPDP Phase 2 on Wednesday 12 January at 6.00 UTC (a calendar invite will follow shortly). Of course, if there are any ideas or suggestions that have not been captured in the paper, or any new ones that have come to mind since our last meeting, please feel free to share these by replying all to this email.

And Best Wishes for the New Year.
Regards,
Philippe

From: FOUQUART Philippe INNOV/NET
Sent: Friday, December 3, 2021 4:15 PM
To: 'council at gnso.icann.org' <council at gnso.icann.org>
Cc: gnso-secs at icann.org
Subject: EPDP Ph2 SSAD ODP and next steps

Dear Councilors,

For those that have attended the recent SSAD ODP Webinars, you may be aware that the SSAD ODP Team is in the process of finalizing its analysis, including its work on the SSAD Cost Model. As a result, the Council requested consultation with the ICANN Board is expected to be scheduled in January 2022. To prepare accordingly for this consultation and possible next steps, Council leadership has worked with the staff support team to put forward the following proposed schedule:

  *   16 December 2021 at 14.00 UTC - GNSO Council meeting to discuss the approach outlined in this email
  *   20 December 2021 at 21.00 UTC - Update session on SSAD ODP, including SSAD Cost Model information for Council and GNSO appointed EPDP Team members (closed session)
  *   Between 21 December and January 2022, GNSO Council with input from SG/Cs to prepare for GNSO Council - ICANN Board consultation (e.g. informal conversations, formal meetings, mailing list discussion, small team - to be discussed)
  *   January 2022 (date TBC) - GNSO Council & ICANN Board consultation

Although at this stage we do not have any further insight into what the SSAD Cost Model will tell us or how it may, or may not, change the positions on the SSAD recommendations, there are roughly three scenarios that can be anticipated:

  1.  ICANN Board determines that the adoption of the recommendations is in the best interest of the ICANN community and ICANN and adopts the SSAD recommendations - no further action expected from the GNSO Council at this stage;
  2.  ICANN Board determines that the adoption of the recommendation is not in the best interest of the ICANN community or ICANN and does not adopt all or part of the recommendations - the GNSO Council will be requested to affirm or modify its recommendations in the form of a "Supplemental Recommendation".
  3.  The GNSO Council decides to avail itself of section 16 ("Amendments or Modifications of Approved Policies") and agrees to modify or amend the recommendations before the ICANN Board considers the recommendations for approval.

To be clear, Council Leadership does not want to get ahead of the discussion and as such, we are not making any kind of prediction about which scenario is most likely, but we would like the Council and SG/Cs to start thinking about these scenarios and consider what is needed to be prepared for the next steps.

Our main objective here is to make sure that conversations within the GNSO as well as with the ICANN Board are constructive and effective - it is on all of us to work towards an approach and outcome that we are all willing and able to defend and live with.

Please come prepared to share your feedback during the Council meeting on 16 December. Of course, you are encouraged to already start the conversation on the mailing list.

Best regards,
Philippe

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