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

Thu Aug 24 13:12:13 UTC 2023

Hi All:

I agree with Anne that the Resolution might include the collaboration with the Board. But I THINK the small team includes Board member membership, so there would be nothing extraordinary with the small team receiving that input. So that would reduce or eliminate the need to call that collaboration out, but it is probably better to indicate that the small team is comprised of Council and Board members.

Best regards,

Kurt

On 24 Aug 2023, at 10:55 pm, Anne ICANN via council <council at gnso.icann.org<mailto:council at gnso.icann.org>> wrote:

HI all  - just now seeing this as I was traveling all day yesterday.  Please note in Item 8 (along with Susan's modification) that we should delete the reference to the small team taking the Board feedback into account. For whatever reason, the small team was never asked to review or deliberate on the the Board feedback on the Clarifying Statement.

Thank you,
Anne
Anne Aikman-Scalese
GNSO Councilor
NomCom Non-Voting 2022-2024
anneicanngnso at gmail.com<mailto:anneicanngnso at gmail.com>

On Thu, Aug 24, 2023 at 5:53 AM Sebastien--- via council <council at gnso.icann.org<mailto:council at gnso.icann.org>> wrote:
Thank you both.

I’ll make sure that Paul, who will lead the topic, will take it into consideration.

Kindly,

Sebastien Ducos
GoDaddy Registry | Senior Client Services Manager
<image001.png>
+33612284445
France & Australia
sebastien at registry.godaddy<mailto:sebastien at registry.godaddy>

From: council <council-bounces at gnso.icann.org<mailto:council-bounces at gnso.icann.org>> on behalf of Justine Chew via council <council at gnso.icann.org<mailto:council at gnso.icann.org>>
Date: Thursday, 24 August 2023 at 2:30 pm
To: Susan Payne <susan.payne at comlaude.com<mailto:susan.payne at comlaude.com>>
Cc: gnso-secs at icann.org<mailto:gnso-secs at icann.org> <gnso-secs at icann.org<mailto:gnso-secs at icann.org>>, COUNCIL at GNSO.ICANN.ORG<mailto:COUNCIL at GNSO.ICANN.ORG> <council at gnso.icann.org<mailto:council at gnso.icann.org>>
Subject: Re: [council] [gnso-chairs] FW: [Ext] Update on Board review of clarifying statements.
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+1 Susan

Kind regards,
Justine

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

<image002.png><https://comlaude.com/>

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From: council <council-bounces at gnso.icann.org<mailto: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<mailto:COUNCIL at GNSO.ICANN.ORG>; GNSO-Chairs <gnso-chairs at icann.org<mailto:gnso-chairs at icann.org>>; gnso-secs at icann.org<mailto: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
<image003.png>
+33612284445
France & Australia
sebastien at registry.godaddy<mailto:sebastien at registry.godaddy>

From: Gnso-chairs <gnso-chairs-bounces at icann.org<mailto:gnso-chairs-bounces at icann.org>> on behalf of Steve Chan via Gnso-chairs <gnso-chairs at icann.org<mailto:gnso-chairs at icann.org>>
Date: Thursday, 24 August 2023 at 12:16 am
To: gnso-chairs at icann.org<mailto:gnso-chairs at icann.org> <gnso-chairs at icann.org<mailto:gnso-chairs at icann.org>>
Subject: Re: [gnso-chairs] FW: [Ext] Update on Board review of clarifying statements.
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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<mailto:gnso-chairs-bounces at icann.org>> on behalf of Steve Chan via Gnso-chairs <gnso-chairs at icann.org<mailto:gnso-chairs at icann.org>>
Reply-To: Steve Chan <steve.chan at icann.org<mailto:steve.chan at icann.org>>
Date: Wednesday, August 23, 2023 at 2:49 PM
To: "gnso-chairs at icann.org<mailto:gnso-chairs at icann.org>" <gnso-chairs at icann.org<mailto: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<mailto:becky.burr at board.icann.org>>
Date: Wednesday, August 23, 2023 at 2:48 PM
To: "Sebastien at registry.godaddy<mailto:Sebastien at registry.godaddy>" <Sebastien at registry.godaddy<mailto:Sebastien at registry.godaddy>>
Cc: Paul McGrady <paul at elstermcgrady.com<mailto:paul at elstermcgrady.com>>, Steve Chan <steve.chan at icann.org<mailto:steve.chan at icann.org>>, Lars HOFFMANN <lars.hoffmann at icann.org<mailto:lars.hoffmann at icann.org>>, Avri Doria <avri.doria at board.icann.org<mailto: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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