[council] UPDATED IGO - amended as per email 18 May and accepted as friendly | GNSO Council resolutions 19 May 2022

Fri May 20 00:08:55 UTC 2022

** UPDATED below -  IGO, amended as per email 18 May 2022 and accepted as friendly

Dear all,

Please find below the resolution from the GNSO Council meeting on Thursday 19 May 2022 which have been posted on the GNSO Council resolutions <https://urldefense.com/v3/__https:/gnso.icann.org/en/council/resolutions/2020-current__;!!PtGJab4!sLlCB4cV9KdvFnPD2LwSl2p7z4Gk6tPXTWpUAhoW8SCziUIjp5aHd47AEUpgcVkTCRcwggmgOcyz$>  page.

20220519-1
Motion to Adopt Revised Charter for the GNSO Standing Selection Committee Following the SSC Charter Review
Submitted by: Tomslin Samme-Nlar
Seconded by: Sebastien Ducos
WHEREAS,

  1.  The GNSO Standing Selection Committee (SSC) was first chartered in 2017, and according to the Charter, “is tasked, as requested by the GNSO Council, to 1), where applicable, prepare and issue calls for applications related to the selection or nomination of candidates for ICANN structures such as ICANN review teams as well as structures related to the Empowered Community, 2) review and evaluate all relevant applicants/candidates, 3) rank candidates and make selection/appointment recommendations for review and approval by Council and 4) communicate selections to all interested parties.”
  2.  The SSC Charter states, “The SSC may request of the GNSO Council a review of the Charter annually or if the members identify a need for a specific review.”
  3.  The SSC charter was last reviewed and updated in 2018<https://gnso.icann.org/en/council/resolutions/1999-2019#201805>.
  4.  In the course of its work, the SSC identified several areas of the Charter that would benefit from clarification or update.
  5.  On 14 March 2022, the SSC requested<https://mm.icann.org/pipermail/council/2022-March/025523.html> of the GNSO Council a review of the Charter, which Council agreed<https://mm.icann.org/pipermail/council/2022-March/025539.html> was appropriate.
  6.  The SSC has completed a review of its Charter and proposed revisions to the Charter.
  7.  The GNSO Council has reviewed these proposed changes and agreed that these revisions are appropriate.

RESOLVED,

  1.  The GNSO Council adopts the revised Charter<https://community.icann.org/download/attachments/64077773/Standing%20Selection%20Committee%20-%20Charter%20Revision%20-%2028%20April%202022%20%282%29.docx?version=1&modificationDate=1651737623797&api=v2> of the SSC.
  2.  The GNSO Council requests that the SO/AC Support Team sends the updated Charter to the Stakeholder Groups (SGs)/Constituencies (Cs) and Nominating Committee (NomCom) appointees on the GNSO Council.
  3.  The GNSO Council thanks the SSC for its review of the Charter and looks forward to continuing to work with the SSC on future selection processes.
Vote result<https://gnso.icann.org/sites/default/files/policy/2022/vote-result/gnso-council-motion-recorder-19may22-en.pdf>
20220519-2
GNSO Council Motion to Approve the Recommendations from the EPDP on Specific Curative Rights Protections for Intergovernmental Organizations (IGOs) - (DEFERRED and amended as per email 18 May 2022, accepted as friendly during the Council meeting)

Submitted by: John McElwaine

Seconded by: Juan Manuel Rojas

Whereas:

  1.  In April 2019, the GNSO Council approved<https://gnso.icann.org/en/council/resolutions#201905> the first four recommendations from the IGO-INGO Access to Curative Rights Protection Policy Development Process (PDP), but not Recommendation #5, which the Council referred to the Review of All Rights Protection Mechanisms (RPMs) PDP, for it to consider as part of its Phase 2 work (UDRP review);
  2.  In January 2020, the GNSO Council approved<https://gnso.icann.org/en/council/resolutions/2020-current#20200123-2> an Addendum to the RPMs PDP Charter that created an IGO Work Track to address Recommendation #5 of the IGO-INGO Access to Curative Rights Protections PDP, which was not approved, requesting the Council toconsider whether an appropriate policy solution could be developed that is generally consistent with Recommendations 1, 2, 3 & 4 of the IGO-INGO Access to Curative Rights Protection PDP Final Report and:

  1.  accounts for the possibility that an IGO may enjoy jurisdictional immunity in certain circumstances;
  2.  does not affect the right and ability of registrants to file judicial proceedings in a court of competent jurisdiction;
  3.  preserves registrants' rights to judicial review of an initial UDRP or URS decision; and
  4.  recognizes that the existence and scope of IGO jurisdictional immunity in any particular situation is a legal issue to be determined by a court of competent jurisdiction.

  1.  In October 2020, the GNSO Council launched a call for expressions of interest<https://www.icann.org/en/system/files/files/eoi-igo-work-track-chair-26oct20-en.pdf> for a Chair of the IGO Work Track and a call for volunteers<https://gnso.icann.org/sites/default/files/file/field-file-attach/igo-work-track-call-volunteers-27oct20-en.pdf> from the community groups identified in the Addendum and the IGO Work Track commenced its work in February 2021;
  2.  In January 2021, Phase 1 of the RPMs PDP concluded with the GNSO Council’s approval of all its thirty-five recommendations while Phase 2 of the PRMs PDP was deferred in order for the Council to receive an updated Policy Status Report on UDRP;
  3.  In August 2021, considering the indeterminate timeline for the commencement of Phase 2 of the PRMs PDP while the IGO Work Track was close to complete its Initial Report, in accordance with its Expedited Policy Development Process (EPDP) Manual<https://gnso.icann.org/en/council/annex-4-epdp-manual-24oct19-en.pdf>, the GNSO Council approved the initiation of an EPDP to carry forward the work and momentum of the IGO Work Track as a purely procedural matter, with the EPDP Charter<https://gnso.icann.org/sites/default/files/file/field-file-attach/specific-crp-igo-epdp-charter-16aug21-en.pdf> reflecting the same scope of work as was outlined in the Addendum;
  4.  On 14 September 2021, the EPDP team published its Initial Report<https://gnso.icann.org/en/issues/specific-crp-igo-epdp-initial-report-preliminary-recommendations-14sep21-en.pdf> for Public Comment<https://www.icann.org/en/public-comment/proceeding/initial-report-epdp-specific-curative-rights-protections-igos-14-09-2021>;
  5.  Following the end of the Public Comment period, the EPDP team reviewed<https://community.icann.org/x/PASlCg> the comments that were submitted and amended its proposed recommendations<https://community.icann.org/x/PwG7Cg> as it considered necessary, based on the input received and the EPDP team’s continued deliberations;
  6.  The EPDP team is proposing five final recommendations in its Final Report, which are intended to be interdependent (as outlined in Section 13 of the PDP Manual<https://gnso.icann.org/sites/default/files/file/field-file-attach/specific-crp-igo-epdp-charter-16aug21-en.pdf>) and which have attained “Full Consensus” within the EPDP team;
  7.  The EPDP delivered its Final Report<https://gnso.icann.org/en/issues/epdp-specific-crp-igo-final-report-02apr22-en.pdf> to the GNSO Council on 4 April 2022;
  8.  The GNSO Council has determined that the five (5) final EPDP recommendations in the EPDP team's Final Report<https://gnso.icann.org/en/issues/epdp-specific-crp-igo-final-report-02apr22-en.pdf> are consistent with the scope and principles set out in the Addendum to the RPMs PDP Charter and the subsequent EPDP Charter<https://gnso.icann.org/sites/default/files/file/field-file-attach/specific-crp-igo-epdp-charter-16aug21-en.pdf>.

Resolved:

  1.  The GNSO Council approves, and recommends that the ICANN Board adopt, all five (5) final EPDP recommendations as documented in the EPDP team's Final Report<https://gnso.icann.org/en/issues/epdp-specific-crp-igo-final-report-02apr22-en.pdf>.
  2.  Should the EPDP recommendations be adopted by the ICANN Board, the GNSO Council requests that ICANN org convene an Implementation Review Team, to assist ICANN org in developing the implementation details for the EPDP recommendations and ensure that the resultant implementation conforms to the intent of the approved recommendations. The Implementation Review Team shall operate in accordance with the Implementation Review Team Principles and Guidelines<https://gnso.icann.org/sites/default/files/file/field-file-attach/2016-12/irt-principles-guidelines-23aug16-en.pdf> that the GNSO Council approved in June 2015.
  3.  The GNSO Council thanks the EPDP leadership team and the members of the EPDP team for their commitment and hard work in completing the policy work on this long-standing issue within the GNSO.

Vote result<https://gnso.icann.org/sites/default/files/policy/2022/vote-result/gnso-council-motion-recorder-19may22-en.pdf>
Thank you.
Kind regards,
Terri

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