[council] FW: Letter from GAC Chair to GNSO Chair - GAC input on SubPro recommendations marked as pending

[Anne ICANN]

Many thanks Sebastien, especially for clarifying all the timing in the
Board Resolution re Sub Pro, and thank you, Jeff, for your comment.  I do
not think it will be appropriate to add this March 23 GAC letter to the
task for those who will be responding to the GAC Communique. The reason is
that these March 23  letter stating items of importance to the GAC are ALL
related to the process being followed in the Sub Pro Triage Small Team and
cannot be adequately addressed until that Team has made a recommendation to
the GNSO Council as a whole.

Just to recap, a short list of certain items called out by the GAC in this
letter appears below.   The Triage Small Team has three 90 minute meetings
set in the next ten days and will certainly need to consider this GAC
letter in its discussions and recommendations to Council concerning this
list of items.  (my own notes on the items appear in parentheses following
the listed topic.)

● Predictability - (GAC appears most concerned about its own representation
on the SPIRT.)

● Public Interest Commitments (PICs)/Registry Voluntary Commitments (RVCs)
- (GAC appears more concerned about enforceability of PICs and deficiencies
in the PIC Dispute Resolution Process than it does about RVCs.  GAC likely
is aware that RVCs can be used to resolve GAC Early Warnings and may well
support the ByLaws amendment the Board reps have discussed.)

● Closed Generics - (This GAC letter makes clear that the GAC is
reiterating its Beijing advice that Closed Generics must serve a public
interest goal. Nothing is said about changing that advice to "serve the
Global Public Interest."  I think that is positive in terms of the
direction of future policy work.)

● Applicant Support Program - (This seems to be on track with the GGP - no
big disagreement here.)

● Auctions -   (GAC is apparently expressing support for the ALAC view
against private auctions.)

● GAC Consensus Advice/GAC Early Warnings - (GAC objects to the time limit
in the Sub Pro Final Report on issuing Early Warnings and states this is
outside the ByLaws.  GAC members are divided on the issue of whether the
presumption against a TLD should lie if there is a GAC warning on it.  To
my mind, that likely means that GAC Consensus Advice on that point alone is
unlikely.  The last point is that when an Early Warning issues, the Final
Report says the GAC Warning has to say why. and how the concern can be
addressed.  GAC wants to modify that to state they only  have to say how it
can be addressed "if feasible" to address it.)

● Community Applications - (It looks to me as though this is not
problematic as to policy. The GAC supports the Final Report and even
supports the new appeals process contained in the Final Report.  Support of
the appeals process appears significant.)

● Name collisions - (The GAC supports Recommendation 29.1 requiring a
system for testing Name Collisions prior to the launch of the next round.
They are also calling out two pieces of Implementation Guidance.  I am
active on the Name Collision Analysis Project Discussion Group.  I think
the DG is getting closer to a consensus solution to this issue and this
will be apparent when Study 2 is put out for public comment.  However, a
question here might be whether the Sub Pro Final Report "fallback" to
90-day controlled interruption might be considered to meet the requirement
of Recommendation 29.1 that ICANN MUST have a system in place for
EVALUATING name collisions before the next round moves forward.  The word,
"MUST", has a special meaning in the Sub Pro Final Report..)

The other topic not listed specifically as a bullet point in the letter is
DNS Abuse. The GAC states that it is disappointed this was not addressed by
Sub Pro.  During our deliberations, Sub Pro Leadership had written to the
GNSO Council that it considered that DNS Abuse would have to be addressed
in relation to all existing gTLDs, not just the next round of TLDs and so
Leadership believed this to be out of scope.  The GAC reiterates its
concern that DNS Abuse must be addressed before another round of TLDs is
launched.

I welcome any other comments on this GAC letter, but it's clear these
comments must be considered in the context of the work of the Triage Small
Team on pending Sub Pro issues. These are not appropriate topics for the
response to the GAC Communique.  The appropriate Response there is to say
that the Small Team s working on a recommendation to Council as to how to
proceed to resolve the 38 pending issues which it hopes to provide before
the April Council meeting.

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


On Thu, Mar 23, 2023 at 1:22 PM Sebastien--- via council <
council at gnso.icann.org> wrote:

> Dear Council Colleagues,
>
>
>
> Please find attached the GAC letter we just received pertaining to GAC
> Input on GAC Priority Topics Relative to SubPro Recommendations Marked as
> “Pending”.
>
>
>
> Kindly,
>
>
>
>
>
> *Sebastien Ducos*
>
> GoDaddy Registry | Senior Client Services Manager
>
> [image: signature_3228380999]
>
> +33612284445
>
> France & Australia
>
> sebastien at registry.godaddy
>
>
>
>
>
> *From: *Gnso-chairs <gnso-chairs-bounces at icann.org> on behalf of
> Benedetta Rossi via Gnso-chairs <gnso-chairs at icann.org>
> *Date: *Thursday, 23 March 2023 at 8:54 pm
> *To: *gnso-chairs at icann.org <gnso-chairs at icann.org>
> *Cc: *gac-staff at icann.org <gac-staff at icann.org>, gac-leadership at icann.org
> <gac-leadership at icann.org>
> *Subject: *[gnso-chairs] Letter from GAC Chair to GNSO Chair - GAC input
> on SubPro recommendations marked as pending
>
> 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 Sebastien,
>
>
>
> On behalf of the GAC Chair, Nicolas Caballero, please find attached a
> letter pertaining to GAC Input on GAC Priority Topics Relative to SubPro
> Recommendations Marked as “Pending”.
>
>
>
> Thank you,
>
>
>
> Kind regards,
>
>
>
> Benedetta
>
>
>
> --
>
> *Benedetta Rossi *| GAC Advice and Policy Support, Senior Manager
>
> benedetta.rossi at icann.org | +32.491.90.42.50
>
> *ICANN* | Internet Corporation for Assigned Names and Numbers
>
>
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