[council] Proposed Agenda | GNSO Council Meeting | Wednesday, 15 March 2023

[Anne ICANN]

Many thanks, Terri.

For consideration by Councilors in relation to the AOB item re possible
initiation of a Policy Status Review of the Recommendations of the Policy
and Implementation Working Group - It has been pointed out that there are
several Recommendations of that group that bear on the Operating Procedures
relative to Implementation Review Teams.    As a former member of that
Working Group, one item I believe is particularly relevant to the current
work of the Council is pasted below.

"The WG noted that IRTs should not be used as an opportunity to reopen
policy
recommendations. The main objective of the IRT is to ensure that
implementation is carried out
in conformance with the intent of the policy recommendations. As such, it
would be important
to emphasize this aspect to any members joining an IRT, especially if they
were not involved in
developing the original policy recommendations. "

And as you all know, the Board is asking us to change Sub Pro policy it
finds problematic in connection with 38 different topics.   The Board has
suggested we might reconvene the Sub Pro WG but I'm a pragmatist and I
don't think that is a practical approach.   The Board apparently wants some
policy changes and in its presentation, it stated on the slides that it is
willing to make suggestions in this regard, although when I asked about
this, Avri Doria replied that any such suggestions right now would be
"premature."  Hopefully those suggestions will be forthcoming in a written
form in the near future but I don't recall a previous instance of so many
requests for policy changes.

Given the current work that needs to be done to move these Board requests
and a Sub Pro IRT forward, my own view is that a Policy Status Report on
the Recommendations of the Policy & Implementation Working Group is
premature.  I don't believe we should be reviewing ALL the Recommendations
of the Policy and Implementation Working Group at this time.  (Perhaps a
review of the EPDP process may be appropriate since we have some experience
there.)    There is no reason to review the GNSO Guidance Process or the
Input Process.     In fact, either EPDP or GGP may be the most appropriate
tool to address the Board's request for review of the 38 policy
recommendations it apparently wants the Council to modify before it will
move forward with assigning those to an IRT.

Regarding the proposed review of the P & I WG recommendations on IRTs, this
is not an appropriate time to call into question recommendations like the
one that IRTs should be mandatory except in extenuating circumstances (now
codified in the Council's Operating Procedures.)  The reason is that the
Board is about to institute an IRT for Sub Pro (we hope) and as noted in
the text above, an important role for the IRT is make sure that
"implementation is carried out in conformance with the intent of the policy
recommendations."    So why would we want to be reviewing that
Recommendation at this critical juncture?  And don't we have enough work to
do without this?

Again, I am non-voting.  I have retired from the practice of law effective
February 28.  I am not engaged in any consulting work and do not receive
any remuneration in connection with ICANN activities  (other than funded
travel.)  My only concern here is for organizational effectiveness and
respect for policy-making roles within the MSM.

Another issue in this regard is that the policy recommendations that came
out of Sub Pro were in fact an integrated "bundle", not necessarily
separable in the manner that is proposed for moving forward.  I have not
analyzed the Board's request in this regard but it may be worth looking at
those 38 items in relation to that principle.

Bottom line: I think we need to postpone a PSR on the Recommendations of
the Policy & Implementation Working Group and actively engage in an
analysis of the 38 items the Board proposes to modify.  Again, I'm a
pragmatist and would like to know the Board's proposed solutions for these
issues before sending the Council off on launching a mechanism, which once
again, might fail to meet the Board's requirements for moving forward.

Thank your for your consideration of the above.  I look forward to thoughts
from other Councilors.
Anne

Anne Aikman-Scalese
GNSO Councilor
NomCom Non-Voting 2022-2024
anneicanngnso at gmail.com


On Fri, Mar 3, 2023 at 2:56 PM Terri Agnew via council <
council at gnso.icann.org> wrote:

> Dear all,
>
>
>
> Please find below the final proposed agenda for the GNSO Council Meeting on
> 15 March 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/2QGjDQ
>
>
>
> 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 Wednesday, 15 March at 18:15 UTC:
> https://tinyurl.com/y4naum35.
>
>
>
> (Wednesday) 11:15 Los Angeles; 14:15 Washington DC; 18:15 London; 19:15
> Paris; 21:15 Moscow; (Thursday) 05:15 Melbourne
>
>
>
> *GNSO Council Meeting Remote Participation:* *[Published 24 hours prior
> to meeting]*
>
> 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 (10 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-19jan23-en.pdf>
> of the GNSO Council meeting on 19 January 2023 were posted on 02 February
> 2023.
>
> 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.
>
>
>
> *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 (5 minutes) *
>
> *TBD*
>
> *Item 4: COUNCIL VOTE - Adoption of the Council Committee for Overseeing
> and Implementing Continuous Improvement (CCOICI) Working Group
> Self-Assessment (WGSA) Recommendations Report  (10 Minutes)*
>
>
>
> The GNSO Council initiated
> <https://gnso.icann.org/en/council/resolutions/2020-current#202106> the
> GNSO Framework for Continuous Improvement Pilot Project on 16 June 2021,
> and, as part of this Framework, the Council established the Committee for
> Overseeing and Implementing Continuous Improvement (CCOICI). As part of the
> pilot, the CCOICI was tasked
> <https://community.icann.org/pages/viewpage.action?pageId=170787421> to
> consider if/how the GNSO WG Self-Assessment could be improved and possibly
> enhanced with a periodic assessment and an exit interview, with the goal of
> giving interested parties an opportunity to help identify potential issues
> and potential future improvements the GNSO Council could consider.
>
>
>
> The CCOICI started the Working Group Self-Assessment assignment in October
> 2021 and concluded its work on this assignment in February 2022. However,
> the CCOICI deferred conducting the public comment until it could be
> combined with recommendations related to the GNSO Statement of Interest
> (SOI). The consolidated public comment proceeding
> <https://www.icann.org/en/public-comment/proceeding/updates-to-the-gnso-statement-of-interest-soi-procedures-and-requirements-09-09-2022>
> on Proposed Updates to the GNSO Operating Procedures was initiated on 09
> September 2022 and closed on 14 November 2022. The CCOICI integrated public
> comments received as appropriate and submitted its Recommendations Report
> <https://gnso.icann.org/sites/default/files/policy/2023/correspondence/chen-to-gnso-council-05jan23-en.pdf>
> to the Council on 5 January 2023.
>
>
>
> Here, the Council will vote to adopt the Working Group Self-Assessment
> (WGSA) Recommendations Report.
>
>
>
> 4.1 – Presentation of motion - (Manju Chen, Chair, Committee for
> Overseeing and Implementing Continuous Improvement (CCOICI))
>
> 4.2 – Council discussion
>
> 4.3 – Council vote (voting threshold: simple majority)
>
>
>
> *Item 5: COUNCIL DISCUSSION - Next Steps for Consideration of Expired
> Domain Deletion Policy (“EDDP”) and Expired Registration Recovery Policy
> (“ERRP”) (15 minutes)*
>
>
>
> The GNSO Council previously considered when to request a Policy Status
> Report (“PSR”) for the purpose of conducting a review of the two Expiration
> Policies, the EDDP and the ERRP. In November 2020, given concerns about its
> capacity and no known issues with the policies, the Council agreed to delay
> the request for the Policy Status Report (PSR) for a period of 24 months.
> As 24 months have now passed, the Council is reconsidering whether now is
> an appropriate time to request a Policy Status Report.
>
>
>
> To that end, in July 2022, the Council agreed that it would be helpful to
> consult with both registrars and ICANN org to help determine if there are
> any known issues or concerns with either of the two Expiration Policies
> which could warrant requesting a PSR. ICANN org shared a report
> <https://mm.icann.org/pipermail/council/2022-November/026164.html> from
> Contractual Compliance colleagues on 1 November 2022, and GNSO Councilors
> from the Registrar Stakeholder Group shared feedback from registrars on
> previous Council calls.
>
>
>
> During its meeting on 17 November 2022
> <https://community.icann.org/display/gnsocouncilmeetings/Final+Proposed+Agenda+2022-11-17>,
> representatives from ICANN org’s Contractual Compliance Team provided a
> briefing of the report
> <https://mm.icann.org/pipermail/council/2022-November/026164.html>, and
> the Council briefly considered potential next steps. Following the meeting,
> Nacho Amodoz, Greg DiBiase, and Susan Payne volunteered to closely review
> the report
> <https://mm.icann.org/pipermail/council/2022-November/026164.html> from
> ICANN org and determine if any of the issues raised warrant a PSR request.
>
>
>
> Here, the Council will receive an update on the small team’s
> recommendation.
>
> 5.1 – Introduction of topic (Greg DiBiase, GNSO Council Vice-Chair)
>
> 5.2 – Council discussion
>
> 5.3 - Next steps
>
>
>
> *Item 6: COUNCIL DISCUSSION - Review GNSO-owned projects that may impact
> SubPro timeline (10 minutes)*
>
> During the Council’s Strategic Planning Session (SPS), a recurring theme
> emerged. The Council emphasized it should take care to ensure that any
> SubPro related work within its control should be carefully managed for
> timely delivery. The Council does not want its work to serve as an
> impediment to the timely implementation and launch of the next round of new
> gTLDs.
>
> In order to address this recurring theme, the Council agreed that it would
> like to receive frequent updates on the work that is connected to the next
> round of new gTLDs. Those projects include:
>
>    - IDNs EPDP Phase 1 (top-level charter questions)
>    - GNSO Guidance Process on Applicant Support
>    - Closed Generics Facilitated Discussion
>    - Yet to be formed Small Team to review SubPro recommendations likely
>    pending Board action.
>
> Here, the Council will receive a brief update on the above-referenced
> projects.
>
> 6.1 – Introduction of topic (Steve Chan)
>
> 6.2 – Council discussion
>
> 6.3 – Next steps
>
>
>
>
>
> *Item 7: COUNCIL DISCUSSION - Continuation of Informal GNSO Council SubPro
> Discussion (20 minutes)*
>
>
>
> On 12 September 2021 the ICANN Board directed
> <https://www.icann.org/resources/board-material/resolutions-2021-09-12-en#1.a>
> the ICANN President and CEO to organize the resources required to begin
> work on the Operational Design Phase (ODP) for the GNSO’s New gTLD
> Subsequent Procedures Final Report
> <https://gnso.icann.org/sites/default/files/file/field-file-attach/final-report-newgtld-subsequent-procedures-pdp-02feb21-en.pdf>
> and the Affirmations, Recommendations, and Implementation Guidance
> contained in that report. On 20 December 2021, ICANN org announced
> <https://www.icann.org/en/announcements/details/icann-launches-new-gtld-subsequent-procedures-operational-design-phase-20-12-2021-en>
> that the SubPro ODP had formally launched, starting at the beginning of
> January 2022. The ODP Team has shared numerous updates to the community and
> sent several sets of assumptions/questions to the GNSO Council via the
> Council’s liaison to the ODP.
>
> While ICANN org published the SubPro Operational Design Assessment (ODA)
> on 12 December, the Council received a briefing during a webinar on 7
> December. The Council formed a small team to review the ODA in detail and
> provided its input
> <https://www.icann.org/en/system/files/correspondence/ducos-to-sinha-20jan23-en.pdf>
> to the ICANN Board on 20 January, in advance of the Board's workshop in
> January 2023. As discussed in the Chair's blog
> <https://www.icann.org/en/blogs/details/chairs-blog-recap-of-the-january-board-workshop-12-02-2023-en>,
> the ICANN Board spent a full day reviewing the SubPro Outputs and ODA. On
> 28 February 2023, the Council and ICANN Board had a joint meeting
> <https://icann.zoom.us/rec/play/7rCLjaxCWtoD3dTl87DnB9A1WO-dHO5NFMqTOzmaxNALunj0DuYsyrJihlH5s4-G-p2vBATlIIMTSNF4.uuovVxPzd-BIpYqp%20%5bicann.zoom.us%5d>
> on SubPro, and the Council had a follow-up informal discussion on 7 March
> 2023.
>
> Here, the Council will discuss the joint meeting with the Board and the
> informal discussion, and consider appropriate next steps.
>
> 7.1 – Introduction of topic (Sebastien Ducos)
>
> 7.2 – Council discussion
>
> 7.3 – Next steps
>
>
>
> *Item 8: COUNCIL DISCUSSION - Whois Disclosure System Next Steps (15
> 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, on 11 March 2023, the EPDP Phase 2 Small Team will meet
> with ICANN org to receive an update 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.
>
>
>
> In addition to receiving an update from the Small Team on its meeting with
> ICANN org, the Council will consider if/how the instructions to the Small
> Team should be updated to reflect the Council’s expectations of the Small
> Team during the implementation phase as well as post-implementation, in
> addition to the ask from the Board to consider a Policy Development Process
> or other means to require registrars to use the System.
>
>
>
> 8.1 Introduction of topic (Greg DiBiase)
>
> 8.2 Council Discussion
>
> 8.3 Next
> Steps
>
>
>
> *Item 9: ANY OTHER BUSINESS (10 minutes)*
>
> 9.1 GNSO Chair Election Timeline Announcement
>
> 9.2 Policy Status Report on Policy and Implementation Working Group Final
> Recommendations Report
> <https://gnso.icann.org/sites/default/files/filefield_47703/policy-implementation-recommendations-01jun15-en.pdf>
>
>
>
> _______________________________
>
> 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 18:15 UTC*
>
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>
> Melbourne, Australia (AEDT) UTC+11 (Thursday) 05:15
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