[council] Proposed Agenda | GNSO Council Meeting | Thursday, 20 April 2023

[Terri Agnew]

Dear all,



Please find below the final proposed agenda for the GNSO Council Meeting on Thursday, 20 April 2023.

Please note that all documents referenced in the agenda have been gathered on a Wiki page for convenience and easier access: https://community.icann.org/x/5gE5Dg.

This agenda was established according to the GNSO Operating Procedures<https://gnso.icann.org/sites/default/files/file/field-file-attach/op-procedures-24oct19-en.pdf> v3.5, updated on 24 October 2019.
For convenience:

  *   An excerpt of the ICANN Bylaws defining the voting thresholds is provided in Appendix 1 at the end of this agenda.
  *   An excerpt from the Council Operating Procedures defining the absentee voting procedures is provided in Appendix 2 at the end of this agenda.

GNSO Council meeting on Thursday, 20 April at 21:00 UTC: https://tinyurl.com/55r3ef4s.

14:00 Los Angeles; 17:00 Washington DC; 22:00 London; 23:00 Paris; (Friday) 00:00 Moscow;
(Friday) 07:00 Melbourne

GNSO Council Meeting Remote Participation: https://icann.zoom.us/j/97891627902?pwd=RURCTitiNEVwd2UySEk1QkRESmlFZz09

Councilors should notify the GNSO Secretariat in advance if they will not be able to attend and/or need a dial out call.
___________________________________
Item 1: Administrative Matters (5 minutes)
1.1 - Roll Call
1.2 - Updates to Statements of Interest
1.3 - Review / Amend Agenda
1.4 - Note the status of minutes for the previous Council meetings per the GNSO Operating Procedures: .
Minutes<https://gnso.icann.org/sites/default/files/policy/2023/minutes/minutes-gnso-council-16feb23-en.pdf> of the GNSO Council meeting on 16 February 2023 were posted on 02 March 2023.
Minutes<https://gnso.icann.org/sites/default/files/policy/2023/minutes/minutes-gnso-council-15mar23-en.pdf> of the GNSO Council meeting on 15 March 2023 were posted on 30 March 2023.

Item 2: Opening Remarks / Review of Projects & Action List (5 minutes)
2.1 - Review focus areas and provide updates on specific key themes / topics, to include review of Projects List<https://gnso.icann.org/en/council/project> and Action Item List. <https://community.icann.org/x/RgZlAg>

Item 3: Consent Agenda (10 minutes)

  *   GNSO Review of GAC Communiqué
  *   GNSO Council Agreement on next steps for Expired Domain Deletion Policy (EDDP)/Expired Registration Recovery Policy (ERRP)
  *   Deferral of Rights Protection Mechanisms (RPMs) Phase 2 for 18 months (clock to begin in April 2023)
  *   GNSO Council Adoption of the Customer Standing Committee (CSC) Effectiveness Review Report

Item 4: COUNCIL DISCUSSION - Accuracy - Results of Scoping Team’s Self-Assessment Survey + Update from ICANN org (20 minutes)

The Registration Data Accuracy (RDA) Scoping Team was initiated by the GNSO Council in July 2021 per the formation instructions<https://gnso.icann.org/sites/default/files/file/field-file-attach/registration-data-accuracy-scoping-team-formation-instructions-09jul21-en.pdf>. The Scoping Team was tasked with considering a number of accuracy-related factors including the current enforcement, reporting, measurement, and overall effectiveness of accuracy-related efforts.

The Scoping Team completed Assignment #1 (enforcement and reporting) and Assignment #2 (measurement of accuracy) and submitted its write up<https://mm.icann.org/pipermail/council/2022-September/025950.html> to the Council on 5 September 2022. In the write up, the group suggested moving forward with two proposals that would not require access to registration data, namely a registrar survey (recommendation #1) and a possible registrar audit (recommendation #2) that may help further inform the team’s work on assignment #3 (effectiveness) and #4 (impact & improvements), while it awaits the outcome of the outreach to the European Data Protection Board (EDPB) by ICANN org in relation to proposals that would require access to registration data (recommendation #3).
During its November meeting, the Council adopted<https://gnso.icann.org/sites/default/files/policy/2022/minutes/minutes-gnso-council-17nov22-en.pdf> recommendation #3 of the Scoping Team’s write up, which recommended (i) pausing the work in relation to proposals that require access to registration data, (ii) encouraging ICANN org to proceed with their outreach to the EDPB as well as the Data Protection Impact Assessment in connection with the scenario(s) in which the request and processing of registration data takes place as a matter of urgency, and (iii) requesting that ICANN org and Contracted Parties finalize the negotiations on the Data Processing Agreement (DPA) as soon as practicable as the absence of a completed DPA may act as a roadblock for policy work before Council. In response to the Council’s requests<https://www.icann.org/en/system/files/correspondence/ducos-to-gutterman-01dec22-en.pdf>, ICANN org provided the following update<https://www.icann.org/en/system/files/correspondence/gutterman-to-ducos-14mar23-en.pdf> to the GNSO Council on 14 March 2023.
Taking into account the delay with which the write up was delivered, as well as some of the challenges that were shared with the Scoping Team’s Chair during his briefing to the Council, Council leadership reached out informally to Scoping Team members to better understand the issues encountered to help inform the Council’s review of the formation and instructions.
Here, the Council will hear an update from ICANN org on its recent letter and discuss the results of the Scoping Team’s Self-Assessment Survey.
4.1 – Introduction of Topic (Sebastien Ducos, Council Chair)
4.2 – Council discussion
4.3 - Next Steps


Item 5: COUNCIL DISCUSSION - Update from Council SubPro Small Team (20 minutes)
During its informal session at ICANN76 and the subsequent Council meeting, the Council discussed and agreed<https://gnso.icann.org/sites/default/files/policy/2023/minutes/minutes-gnso-council-15mar23-en.pdf> to task a small team of interested councilors to review the recommendations that the Board placed in a pending status and suggest to the full Council how the underlying concerns that caused the pending status can be best addressed (i.e., a limited triage exercise).. Interested Councilors were asked to volunteer for the Small Team by 15 March 2023.
Since ICANN76, the Council SubPro Small Team has met several times and has completed an initial run through of the issues chart, with an update from Board members on why the Board placed specific recommendations into a pending status. Following this review, the Small Team will begin discussions of how the Council should respond to these items.
Additionally, the Small Team closely reviewed the draft Implementation Review Team (IRT) documents and provided comments, which ICANN org incorporated as applicable; the updated documents were utilized to seek members and alternates from the SO/AC/SG/Cs and to seek participants via a call for volunteers.
Here, the Council will receive a brief update on the efforts of the small team.
5.1 – Introduction of topic (Paul McGrady, Small Team Lead)
5.2 – Council discussion
5.3 – Next steps


Item 6: COUNCIL DISCUSSION - Update from EPDP Phase 2 Small Team (20 minutes)

ICANN org published the Whois Disclosure System design paper<https://archive.icann.org/meetings/icann75/files/content=t_attachment,f_%22WHOIS%20Disclosure%20System%20Design%20Paper_03_FINAL.pdf%22/WHOIS%20Disclosure%20System%20Design%20Paper_03_FINAL.pdf> in September 2022 and presented it to the GNSO Council and the EPDP Phase 2 Small Team during ICANN75<https://archive.icann.org/meetings/icann75/meetings/wmhLk2gj2Dm6PQaz2.html>. The small team subsequently reviewed the design paper and continued its consultations with ICANN org, resulting in an addendum<https://gnso.icann.org/sites/default/files/policy/2022/correspondence/ducos-to-gnso-council-07nov22-en.pdf> to its preliminary report. The GNSO Council accepted the addendum and communicated to the ICANN Board its support for the request that the ICANN Board proceed with the implementation of the Whois Disclosure System, provided that the updates identified by the small team in the addendum are made.

On 27 February 2023, the Board directed<https://www.icann.org/en/board-activities-and-meetings/materials/approved-resolutions-special-meeting-of-the-icann-board-27-02-2023-en> ICANN org to develop and launch the Whois Disclosure System (System) as requested by the GNSO Council within 11 months from 27 February 2023. The Board also directed ICANN org to operate the System for up to two years from the date of launch, and collect and report on usage data. Furthermore, the ICANN Board has urged “the GNSO Council to consider a Policy Development Process or other means to require registrars to use the System”.

During ICANN76, the EPDP Phase 2 Small Team met<https://icann76.sched.com/event/1J2Kp/gnso-epdp-phase-2-ssad-implementation-of-whois-disclosure-system> with ICANN org to receive an update on the status of implementation of the Whois Disclosure System and continue its consideration of some of the aspects identified as requiring further discussion in the addendum.

Following ICANN76, the Small Team has been meeting to discuss the additional suggestions made during the ICANN76 session and how to define the success criteria for the system.

[The Council will also discuss the outstanding action item from its last meeting, Council to consider response to the ICANN Board request<https://www.icann.org/en/board-activities-and-meetings/materials/approved-resolutions-special-meeting-of-the-icann-board-27-02-2023-en> to consider a PDP or other means to require, or strongly encourage, registrars to use the WDS, noting that the small team has already been assigned the task to how to best to promote and secure comprehensive use of the system, both by potential requestors as well as ICANN-accredited registrars.]

Here, the Council will receive an update from the Small Team.

6.1 Introduction of topic (Sebastien Ducos)
6.2 Council Discussion
6.3 Next Steps


Item 7 - COUNCIL DISCUSSION - Next Steps on Closed Generics (20 minutes)

In March 2023, the ICANN Board requested that the GAC and GNSO Council consider engaging in a facilitated dialogue to develop a framework for further GNSO policy work on the issue of Closed Generics. The GAC and GNSO Council agreed to the Board’s suggestion and each appointed six participants for the dialogue. One participant and one alternate from the ALAC were also appointed. Should the GAC-GNSO facilitated dialogue result in an agreed framework, the agreements will be further developed through the appropriate GNSO policy process.

Following an initial, informal meeting at ICANN75 in Kuala Lumpur, the dialogue participants have since been meeting regularly via Zoom and held a substantive two-day face-to-face meeting in Washington, D.C. in late January 2023. The dialogue is hoping to deliver a draft framework around the end of April 2023 to the ALAC, GAC, GNSO and other SOACs for community input. At this stage, groups are expected to have approximately four weeks to review the document.

During its meeting at ICANN76, the ICANN Board passed a resolution<https://www.icann.org/en/board-activities-and-meetings/materials/approved-resolutions-regular-meeting-of-the-icann-board-16-03-2023-en> adopting a substantial portion of the outputs from the New gTLD Subsequent Procedures PDP, setting in motion the start of the implementation process for the next round of new gTLDs. As part of the resolution, the Board established deadlines for key deliverables that will impact the development of the implementation plan. By 15 June 2023, the Board expects to receive “A GNSO Council project plan and timeline for policy work, or an alternate path, on how to handle closed generics for the next round of new gTLDs.”

Here the Council will discuss its anticipated approach to reviewing the draft framework as well as consider next steps in preparing the timeline for subsequent policy work.

7.1 Introduction of topic (John McElwaine)
7.2 Council Discussion
7.3 Next Steps

Item 8: COUNCIL DISCUSSION - Next Steps on DNS Abuse (10 minutes)

In February 2022, the GNSO Council formed a small team<https://community.icann.org/pages/viewpage.action?pageId=228786793> of interested Council members to consider what policy efforts, if any, the GNSO Council should consider undertaking to support the efforts already underway in the different parts of the community to tackle DNS abuse.

On 7 October 2022, the DNS Abuse Small Team transmitted its Report<https://gnso.icann.org/sites/default/files/policy/2022/correspondence/dns-abuse-small-team-to-gnso-council-07oct22-en.pdf> to the GNSO Council. Recommendation #2 from the Report recommended the GNSO Council to request, et.al., the Registrar Stakeholder Group “to further the role that bulk registrations play in DNS Abuse as well as measures that Registrars may have already put in place to address this vector. Based on the feedback received, the GNSO Council will consider whether further action on bulk registrations is deemed necessary.”

The DNS Abuse Small Team received input from the following groups:


  *   Contractual Compliance, ICANN Org<https://gnso.icann.org/sites/default/files/policy/2023/correspondence/hedlund-to-ducos-22feb23-en.pdf>
  *   DNS Abuse Institute<https://gnso.icann.org/sites/default/files/policy/2023/correspondence/bunton-to-ducos-27feb23-en.pdf>
  *   gTLD Registries Stakeholder Group<https://gnso.icann.org/sites/default/files/policy/2023/correspondence/woods-to-ducos-03mar23-en.pdf>
  *   Registrar Stakeholder Group<https://gnso.icann.org/sites/default/files/policy/2023/correspondence/heineman-to-ducos-13mar23-en.pdf>

Here, the Council will discuss next steps for the DNS Abuse small team, including potentially reconstituting the Small Team to review the input received.

8.1 Introduction of topic (Greg DiBiase)
8.2 Council Discussion
8.3 Next Steps

Item 9: ANY OTHER BUSINESS (10 minutes)
9.1 ICANN77 Day 0 SubPro Session Planning
9.2 ICANN77 Planning
9.3 Appointment of Council Liaison to the SubPro Implementation Review Team

_______________________________
Appendix 1: GNSO Council Voting Thresholds (ICANN Bylaws, Article 11, Section 11.3(i))
See https://www.icann.org/resources/pages/governance/bylaws-en/#article11.
Appendix 2: GNSO Council Absentee Voting Procedures (GNSO Operating Procedures, Section 4.4)
See https://gnso.icann.org/sites/default/files/file/field-file-attach/op-procedures-30jan18-en.pdf

References for Coordinated Universal Time of 21:00 UTC
Local time between March and October in the NORTHERN hemisphere
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California, USA (PDT) UTC-7  14:00
San José, Costa Rica (CDT) UTC-6  15:00
New York/Washington DC, USA (EDT) UTC-4  17:00
Buenos Aires, Argentina (ART) UTC-3  18:00
Rio de Janeiro, Brazil (BRT) UTC-3  18:00
London, United Kingdom (BST) UTC+1  22:00
Kinshasa, Democratic Republic of Congo (WAT) UTC+1  22:00
Paris, France (CEST) UTC+2  23:00
Moscow, Russia (MSK) UTC+3  (Friday) 00:00
Singapore (SGT) UTC+8  (Friday) 05:00
Melbourne, Australia (AEDT) UTC+11  (Friday) 07:00
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DST starts on Sunday 26 March 2023, 2:00 or 3:00 local time (with exceptions) for EU countries and on Sunday 12 March 2023 for the U.S.
DST ends on Sunday 29 October 2023 for EU countries, and on Sunday 05 November 2023 for the US.
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For other places see http://www.timeanddate.com<http://www.timeanddate.com/> and https://tinyurl.com/55r3ef4s.
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