[council] [gnso-chairs] FW: [Ext] Update on Board review of clarifying statements.

[Justine Chew]

+1 Susan

Kind regards,
Justine



On Thu, 24 Aug 2023 at 19:46, Susan Payne via council <
council at gnso.icann.org> wrote:

> Thanks Sebastien, dividing the Clarifying Statement would therefore seem
> to make sense.  I think perhaps the “Whereas” section of the Motion should
> be slightly revised to reflect this.  Whilst this might not be absolutely
> essential, it would provide greater clarity for the record.  I would
> therefore like to propose a friendly amendment as follows (see mark-up):
>
>
>
> Whereas,
>
>    1. The GNSO Council adopted
>    <https://gnso.icann.org/en/council/resolutions/2020-current#202102>
>     the Final Report
>    <https://gnso.icann.org/sites/default/files/file/field-file-attach/final-report-newgtld-subsequent-procedures-pdp-02feb21-en.pdf> of
>    the New gTLD Subsequent Procedures (SubPro) PDP on 18 February 2021.
>    2. On 16 March 2023, the ICANN Board adopted the majority of the
>    SubPro Outputs, as identified in Section A of the Scorecard
>    <https://www.icann.org/en/system/files/files/scorecard-subpro-pdp-board-action-16mar23-en.pdf>,
>    while designating a select set of recommendations as pending, identified in Section
>    B
>    <https://www.icann.org/en/system/files/files/scorecard-subpro-pdp-board-action-16mar23-en.pdf> of
>    the Scorecard.
>    3. The GNSO Council established a small team to carefully review the
>    pending SubPro recommendations and identify the best path forward to seek
>    to resolve the issues that were preventing Board adoption of the pending
>    recommendations.
>    4. The GNSO Council’s small team benefited greatly from the open and
>    frank dialogue with the co-leads of the Board’s Caucus on SubPro.
>    5. On 22 May 2023, the GNSO Council and ICANN Board discussed the
>    expectation that for certain pending recommendations, a Clarifying
>    Statement from the Council may be sufficient to mitigate the concerns
>    preventing adoption of some of the pending recommendations.
>    6. At ICANN77, the GNSO Council and ICANN Board reached agreement on
>    the specific set of pending recommendations that may be resolved via a
>    Clarifying Statement from the Council.
>    7. The GNSO Council’s small team developed a draft Clarifying Statement
>    <https://gnso.icann.org/sites/default/files/policy/2023/draft/draft-sub-pro-pending-recommendations-10jul23-en.pdf> that
>    was discussed with the Council during its July meeting and was subsequently
>    shared with the ICANN Board for their consideration of whether the
>    Clarifying Statement does indeed address the Board’s concerns.
>    8. The GNSO Council’s small team took into account the feedback from
>    the ICANN Board and finalized the Council’s Clarifying Statement
>    <https://gnso.icann.org/sites/default/files/policy/2023/draft/draft-sub-pro-pending-recommendations-10jul23-en.pdf> [will
>    need the new link] *by **removing the text in the Clarifying Statement
>    relating to the enforceability of PICs and RVCs and holding this over,
>    pending further feedback from the ICANN Board.*
>    9. The Clarifying Statement should be read as complementary to the
>    relevant pending recommendation(s) and should be considered jointly with
>    the recommendations for the purposes of implementation.
>
>
>
> Resolved,
>
>    1. The GNSO Council approves the Clarifying Statement
>    <https://gnso.icann.org/sites/default/files/policy/2023/draft/draft-sub-pro-pending-recommendations-10jul23-en.pdf> regarding
>    select pending SubPro recommendations and stresses that the statement
>    should be read as complementary to the relevant pending recommendation(s)
>    and should be considered jointly with the recommendations for the purposes
>    of implementation.
>    2. The GNSO Council requests that the GNSO Secretariat communicate
>    resolved #1 to the ICANN Board and provide the Board with the Clarifying
>    Statement.
>    3. The GNSO Council extends its thanks to the ICANN Board for its
>    collegial, constructive, and pragmatic approach to addressing select
>    pending recommendations and in particular, extends thanks to the co-leads
>    of the Board’s Caucus on SubPro, Avri Doria and Becky Burr.
>
>
>
>
>
>
>
> Susan Payne
> Head of Legal Policy
> Com Laude
> *T* +44 (0) 20 7421 8250
> *Ext* 255
>
> <https://comlaude.com/>
>
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>
> *From:* council <council-bounces at gnso.icann.org> *On Behalf Of *Sebastien---
> via council
> *Sent:* Thursday, August 24, 2023 11:53 AM
> *To:* COUNCIL at GNSO.ICANN.ORG; GNSO-Chairs <gnso-chairs at icann.org>;
> gnso-secs at icann.org
> *Subject:* [council] FW: [gnso-chairs] FW: [Ext] Update on Board review
> of clarifying statements.
>
>
>
> Dear Council Colleagues,
>
>
>
> Please find below the communication Paul and I received from Becky and
> Avril yesterday and attached the redline prepared by Steve.
>
>
>
> As indicated by Becky, there are a number of points of then Clarifying
> Statements which the Board is asking us to hold on while they work on
> offering wording alternatives for us to review. As you know that Board was
> in recess until Monday, Becky sent apologies for the very late input.
>
> Steve’s edits reflect the request by setting Topics 30 and 31 and most of
> the Topic 9 Recommendations aside.
>
>
>
> For us to discuss later today.
>
>
>
> Kindly,
>
>
>
>
>
> *Sebastien Ducos*
>
> GoDaddy Registry | Senior Client Services Manager
>
> [image: signature_2093298213]
>
> +33612284445
>
> France & Australia
>
> sebastien at registry.godaddy
>
>
>
>
>
> *From: *Gnso-chairs <gnso-chairs-bounces at icann.org> on behalf of Steve
> Chan via Gnso-chairs <gnso-chairs at icann.org>
> *Date: *Thursday, 24 August 2023 at 12:16 am
> *To: *gnso-chairs at icann.org <gnso-chairs at icann.org>
> *Subject: *Re: [gnso-chairs] FW: [Ext] Update on Board review of
> clarifying statements.
>
> Caution: This email is from an external sender. Please do not click links
> or open attachments unless you recognize the sender and know the content is
> safe. Forward suspicious emails to isitbad at .
>
>
>
> Dear Sebastian, John, and Greg,
>
>
>
> Assuming you agree with the approach (Greg, thanks for your comments so
> far), here is some proposed text to send to the Council, to try and prepare
> them for action during tomorrow’s meeting.
>
>
>
> Thanks,
>
> Steve
>
>
>
>
>
> Dear Councilors Colleagues,
>
>
>
> In respect of item 4 and the Council’s SubPro Clarifying Statement, I have
> some news to share and a proposed path forward. Council leadership and Paul
> received a note from Avri and Becky (co-leads of the Board SubPro caucus),
> informing us that the Board wishes to have a little more time to refine the
> language regarding the enforceability of PICs and RVCs (i.e., the majority
> of Topic 9 and by implication, Topics 30 and 31). From a leadership
> perspective, we believe that removing the text in the Clarifying Statement
> that relates to PICs and RVCs, and having the Council approve what remains,
> is a pragmatic path forward to allow progress on at least some of the
> recommendations. Once the Board reverts with suggested refinements to the
> PICs and RVCs language in the Clarifying Statement, separate Council action
> can be taken when appropriate. We believe the alternative approach is to
> delay any action on the Clarifying Statement until all of the language is
> ready for approval.
>
>
>
> While it is not ideal to break the Clarifying Statement into two parts, we
> believe incremental progress is preferred. To be clear, we are proposing
> that a revised Clarifying Statement (attached as a redlined document), that
> removes the topics related to PICs and RVCs, be approved by the Council’s
> meeting on 24 August. While time is allocated for discussion on this item,
> we do encourage you to voice any concerns you may have on the mailing list.
>
>
>
> Kindly,
>
> Sebastien
>
>
>
>
>
> *From: *Gnso-chairs <gnso-chairs-bounces at icann.org> on behalf of Steve
> Chan via Gnso-chairs <gnso-chairs at icann.org>
> *Reply-To: *Steve Chan <steve.chan at icann.org>
> *Date: *Wednesday, August 23, 2023 at 2:49 PM
> *To: *"gnso-chairs at icann.org" <gnso-chairs at icann.org>
> *Subject: *[gnso-chairs] FW: [Ext] Update on Board review of clarifying
> statements.
>
>
>
> FYI…
>
>
>
> *From: *Becky Burr <becky.burr at board.icann.org>
> *Date: *Wednesday, August 23, 2023 at 2:48 PM
> *To: *"Sebastien at registry.godaddy" <Sebastien at registry.godaddy>
> *Cc: *Paul McGrady <paul at elstermcgrady.com>, Steve Chan <
> steve.chan at icann.org>, Lars HOFFMANN <lars.hoffmann at icann.org>, Avri
> Doria <avri.doria at board.icann.org>
> *Subject: *[Ext] Update on Board review of clarifying statements.
>
>
>
> Sebastian Ducos, Chair
>
> GNSO Council
>
>
>
> Dear Seb,
>
>
>
> We wanted to let you know in advance of the Council meeting that the
> Board’s SubPro Caucus has reviewed the clarifying statements provided by
> the Council and we are comfortable that all but one of the clarifications
> address the Board’s concerns.  We are still working on and need a little
> more time on the language regarding the enforceability of PICs and RVCs.
> The Board would like to propose a small tweak to the language to ensure
> that it is crystal clear.  We will revert with this as soon as possible and
> apologize for the delay.
>
>
>
> Best,
>
>
>
> avri and Becky
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