[council] Jeff's Take on GAC-related issues for ICANN 78 (Long)

Mark Datysgeld mark at governanceprimer.com
Mon Sep 25 16:44:05 UTC 2023


Thank you, Jeff. Please keep us up to date on the ".quebec" issue. :)

Best,

On 22 Sept 2023 17:01, jeff--- via council wrote:
> All,
>
> Full credit here to Paul McGrady who asked me a question on what I 
> personally thought the issues for the GAC would be at the upcoming 
> ICANN meeting and what if anything I believed may be subject to GAC 
> advice.   I thought I would share this with the full Council list so 
> that you all could have discussions on these issues and be prepared.
>
> */Please note that my thoughts are based on discussions with the GAC 
> Point of Contact and working on the agenda for ICANN 78.  I am not 
> speaking on behalf of the GAC PoC or the GAC as I cannot do that, nor 
> do I have the ability to do so. This is being sent to you all with the 
> huge caveat that everything is subject to change AND I have separated 
> my _personal_ take on the topics in blue./*
>
> I am going to send out a more comprehensive version of this to the 
> Council shortly before ICANN 78 which has the final agenda for the 
> GAC/GNSO bilateral as well as some potential talking points.  Some of 
> these items below will likely be on the GAC/GNSO agenda, but likely 
> not all of them due to time constraints.
>
> 1. _SubPro Topics:_
>
>      a.    Closed Generics - Status on the Facilitated Dialog and the 
> future of Closed Generic discussions / implementation.
> /_
> _/
> /_Jeff's note_:  If you recall the original draft letter proposed by 
> the GNSO/GAC/ALAC chairs recommended that the Board be instructed to 
> maintain the moratorium on Closed Generics from the last round, but 
> the GNSO discussed removing that from the letter.   The GAC has a very 
> strong interest in the issue of Closed Generics and does not believe 
> they should be allowed absent consensus policy on the topic (which of 
> course is developed with GAC input). /
>
>     b.      IRT Progress on Next Round - _/Jeff's take/:_ /No known 
> concerns here from GAC, just an update./
>
>     c.      Pending items still not addressed by the Board / Open Issues
>             - PICs / RVCs:
> /_
> _/
> /_Jeff's Take_:  As most GAC Advice on new gTLDs is implemented as a 
> PIC, or may be implemented as an RVC if Registries respond to Early 
> Warnings or comments, it is important to the GAC that these be 
> incorporated as contractual commitments into the agreements (See ICANN 
> 77 Communique Advice 2(a). GAC agrees that such commitments must be 
> enforceable by ICANN through clear contractual obligations, and that 
> consequences for the failure to meet those obligations should be 
> specified in the relevant agreements with the contracted parties. 
> However, they are looking to understand (as we are) the changes being 
> proposed by the ICANN Board to the language. /
>             - Private Auctions:
> /
> /
> /Jeff's take:  The GAC has previously expressed on several occasions, 
> including as Advice in its ICANN 77 Communique that, ICANN "ban or 
> strongly disincentivize private monetary means of resolution of 
> contention sets, including private auctions." (ICANN 77 Communique 
> 4(a)(ii).  They also do not want to see ICANN auctions of last resort 
> in contention sets involving non-commercial applicants. /
>
>                 - Opening up small team to GAC participation 
> (especially for items not accepted by the Board)
> /_
> _/
> /_Jeff's Take_:  GAC members want to make sure that they are 
> participating in the process to determine both the processes used, as 
> well as the substance, of revisions to recommendations, new 
> recommendations, not pursuing existing recommendations, etc.  This is 
> especially true for all of the issues that the GAC has already issued 
> advice on as well as items that they previously deemed were of 
> importance to the GAC./
>
>                 - Applicant Support (more than financial) -
> _
> _
> _Jeff's Take_: /Not surprisingly and also quite aligned with the GNSO, 
> the GAC issued advice on Applicant Support (ICANN Communique 77, 
> Advice #3).  The Applicant Support program to be incredibly important 
> to them and they want to make sure that applicants not only have 
> access to financial assistance with the application, but also 
> assistance in application preparation and ongoing registry management 
> (including potentially a reduction in ICANN ongoing registry fees).  
> They also want to make sure that the program is highly publicized to 
> those that are the intended beneficiaries of the program./
>             - GGP Initial Report -//
> /_
> _/
> /_Jeff's Take:_/  I would propose this/ gets combined with the topic 
> above and may just be an update./
>         - .quebec:  Is this an issue for the GAC?
> /_
> _/
> /_Jeff's Take_:  This issue of course is of interest to the GAC 
> Canadian Reps, but as of today this issue has not gotten on the GAC 
> agenda as a whole.  That is not an indication of whether this issue is 
> important or not, there just have not been any GAC-wide discussions on 
> the topic.  Because it was discussed within the GNSO Council this 
> week, I raised it at the meeting today and the GAC Point of Contact is 
> going to see if this is an issue for the GAC at this ICANN meeting./
> 2. _IGOs_
>     a. Implementation of Curative Rights (what is the status of the 
> IRT) -
> /_
> _/
> /_Jeff's Take_:  I believe The GAC is supposed to get a briefing at 
> ICANN78 from ICANN on the status of implementation of Curative Rights 
> as well as the Watch Service (see below).  They believe that these are 
> must haves before ICANN should consider lifting the reservation of IGO 
> Acronyms.  This was in their GAC Communique as advice a couple of 
> meetings ago.  They want to discuss this with the GNSO.  I do not 
> expect further advice on this unless they affirm their previous advice 
> or if it appears that ICANN is moving in a direction that is 
> inconsistent with the previous GAC Advice./
>     b.    Question of Moratorium on IGO acronyms / watch service 
> (which ICANN is supposed to develop) /- See Above./
> _
> _
> 3. _Future Policy Work on DNS Abuse_?
>
> Jeff's Take: /The GAC positions on this are well-known.  They are 
> supportive of the proposed contract amendments for the Contracted 
> Parties but of course want to see more done on the policy front before 
> the opening up of the next round.  But I do not expect any advice 
> here, just more of wanting an update on what is going on and making 
> sure it is progressing. /
>
> 4. _WHOIS / Data Protection_
>        a.   Access to non-public information / "urgent requests" - 
> /_Jeff's Take LONG):_ /
> /
> /
> /This relates to the pilot being lunched soon by ICANN with the 
> Registrars.  On August 23, 2023, the GAC Chair sent a letter to the 
> ICANN Board 
> (/https://www.icann.org/en/system/files/correspondence/caballero-to-sinha-23aug23-en.pdf), 
> /to express its concerns over the time line to respond to requests in 
> select emergency situations ("Urgent Requests").  They do not like the 
> proposed three (3) business days currently in the EPDP Phase 1 
> implementation report and want the ICANN Board to reconsider this. On 
> September 8, 2023, the Registrars sent a letter to the ICANN Board 
> (/https://www.icann.org/en/system/files/correspondence/heineman-to-sinha-08sep23-en.pdf)/ providing 
> some context to the 3 business days stating that this language has 
> been in the text since September 2021, but in August 2022 the language 
> changed to requiring a response, "no longer than two (2) business days 
> from receipt" which was put out for comment. This was a change from 
> the Implementation Pilot Team without consultation of the full IRT. 
> Once that was published, there were several meetings of the full IRT 
> to come up with a compromise solution.  The Compromise language 
> published following the July 24, 2023 meeting, which the Registrars 
> agree with, was:/
> /
> /
> /"10.6. For Urgent Requests for Lawful Disclosure, Registrar and 
> Registry Operator MUST respond, as defined in Section 10.7, without 
> undue delay, generally within 24 hours of receipt. /
> /
> /
> /10.6.1. If Registrar or Registry Operator cannot respond to an Urgent 
> Request for Lawful Disclosure within 24 hours, it MUST notify the 
> requestor within 24 hours of receipt of an Urgent Request for Lawful 
> Disclosure of the need for an extension to respond. Registrar or 
> Registry Operator’s extension notification to the requestor MUST 
> include (a) confirmation that it has reviewed and considered the 
> Urgent Request for Lawful Disclosure on its merits and determined 
> additional time to respond is needed, (b) rationale for why additional 
> time is needed, and (c) the time frame it will respond, as required by 
> Section 10.7, which cannot exceed two (2) business days from the time 
> of the initial receipt of the request. /
> /
> /
> /1//0.6.2. In addition to the extension provided for in Section 
> 10.6.1, if responding to an Urgent Request for Lawful Disclosure is 
> complex, or a large number of requests are received by Registrar or 
> Registry Operator, it MAY extend the time for response up to an 
> additional one (1) business day provided it notifies the requestor 
> within (2) business days from the time of the initial receipt of the 
> request of the updated time frame to respond explaining the need for 
> an additional extension of time. "/
>
> /So according to the registrars, they are only requesting 3 business 
> days if they have notified the requestor within 24 hours that it needs 
> more time and if it needs 3 business days it needs to notify the 
> requestor again within 2 business days from receipt of the original 
> request.  Registrars do not agree with the GAC's interpretation that 
> this will always be 3 business days and believes that the GAC should 
> have given the Board the full context. It is my impression that the 
> GAC may believe that because it allows 3 business days that this will 
> become the default./
> /
> /
> /This will be discussed by the GAC at ICANN 78./
> //
>        b.   Accuracy Issue and status of DPAs between the Contracted 
> Parties and ICANN (Since this has been the reason for delaying policy 
> work on accuracy).
>
> /_Jeff's Take:_  Accuracy of Registration data is of utmost importance 
> to the GAC and "remains committed to working within the Accuracy 
> Scoping Team to assess the current state of accuracy under ICANN's 
> contracts."  The GAC welcomes the completion of a Data Protection 
> Impact Assessment on a contractual compliance audit that could shed 
> light on the current state of accuracy.  Although I believe they were 
> ok with the initial 6-month delay of the Scoping Team work waiting for 
> the DPAs, they are looking for more meaningful updates on where ICANN 
> is with the DPAs .  They would like to see policy work ASAP.  I am not 
> sure if there will be Advice on this, but it certainly is an issue of 
> importance./
>
> 5. _SOI:_ Status of discussions on the representation of undisclosed 
> clients.
>
> /_Jeff's Take:_  The GAC Is following this one closely and I believe 
> they are aligned more with requiring disclosure of clients that are 
> directly being represented in policy processes. Governments 
> individually generally require full disclosure of clients when they 
> engage in discussions with representatives of industry, the community, 
> etc. Whether there will be advice on this at ICANN 78 or not, I don't 
> think so.  But it is an item of importance to them./
> /
> /
> /_Other GAC Activities / Issues (Jeff's Take)_/
> /
> /
> /1. /I discussed the proposed Charter for the Standing Committee on 
> RDRS to help inform the next steps on the SSAD policy recommendations 
> with the GAC PoC today.  Specifically I discussed the composition 
> which currently is made up of Councilors and members of the ePDP Phase 
> 2 small team members.  from the GAC, I believe Chris Lewis-Evans and 
> Laureen Kapin had a "shared membership."  Chris is no longer working 
> with the Public safety working group and is in the private sector.  So 
> I am sure being able to appoint a replacement (not an alternate) will 
> be important to them.
> /
> /
> /2.    GAC is having two days of outreach sessions at ICANN 78 during 
> the first weekend. The second day will focus on "emerging 
> technologies" and getting briefings from ICANN Org on Blockchain in 
> general and "alternative naming spaces" with an eye on trying to 
> figure out what, if anything, is the GAC role./
> /
> /
> /3.  GAC is also focused on the IANA Review, especially with respect 
> to Articles 18 and 19 of the Bylaws. 
> (https://www.icann.org/en/announcements/details/icann-board-convenes-second-iana-naming-function-review-ifr2-11-09-2023-en). 
> This review is taking a broader look athat includes identifying 
> whether the requirements identified in the IANA contract SOW are still 
> relevant or whether they need changing.  This is defined in Section 
> 18.3 of the Bylaws. /
> /
> /
> /4.  GAC will be looking at the Proposed Updates to Existing Rights 
> Protection Mechanisms documentation 
> (/https://www.icann.org/en/announcements/details/icanns-proposed-updates-to-existing-rights-protection-mechanisms-documentation-24-08-2023-en) 
> /posted on August 24, 2023. /
> /
> /
> /5.  There are a couple of ccTLD items the GAC will discuss including 
> input on ccNSO PDP4 (initial Report on (de-) selection of IDN ccTLDs 
> (/https://www.icann.org/en/announcements/details/icann-seeks-input-on-ccnso-pdp4-initial-report-on-de-selection-of-idncctlds-16-08-2023-en) 
> and the proposed ccLD related Review mechanism Policy Proposal 
> (https://www.icann.org/en/announcements/details/icann-seeks-input-on-a-specific-cctld-related-review-mechanism-policy-proposal-01-08-2023-en). 
>
>
> /
> /
>
>
>
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-- 
Mark W. Datysgeld [markwd.website <https://markwd.website>]
Director at Governance Primer [governanceprimer.com 
<https://governanceprimer.com>]
ICANN GNSO Councilor
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