[ALAC] Summary Report for GNSO Council 24 Aug 2023 meeting
Carlton Samuels
carlton.samuels at gmail.com
Mon Aug 28 15:38:32 UTC 2023
Thank you for making this drudge so much more bearable with this report
Justine.
Usually I go to the GNSO meeting notes for a matter I have an interest in
seeing how it goes in Council. I have all of 3 that are of interest to me
in current discussions.
This report truly helps me move it along.
Best,
Carlton
==============================
*Carlton A Samuels*
*Mobile: 876-818-1799Strategy, Process, Governance, Assessment & Turnaround*
=============================
On Sun, 27 Aug 2023 at 22:34, Justine Chew via ALAC <
alac at atlarge-lists.icann.org> wrote:
> Dear all,
>
> Here is my summary report of the GNSO Council's 24 Aug 2023 meeting,
> albeit a pretty long summary. You can also read this report posted at the
> ALAC Liaison to the GNSO workspace, or using the links included below.
>
> *Special Summary Report of 24 Aug 2023 Meeting to ALAC
> <https://community.icann.org/display/atlarge/GNSO+Liaison+Report%2C+post-Oct+2021#Aug2023-SumRep_Aug2023>*
>
> For brevity, I will just highlight a few things here. For some of the
> issues, you can glean a wider perspective from GNSO Council Aug 2023
> Matters of Interest
> <https://community.icann.org/display/atlarge/GNSO+Liaison+Report%2C+post-Oct+2021#Aug2023-MOI_Aug2023> and/or
> from GNSO Council Aug 2023 Meeting Records
> <https://community.icann.org/display/atlarge/GNSO+Liaison+Report%2C+post-Oct+2021#Aug2023-Meet_Aug2023>
> .
>
> *1. Consent Agenda Item - 2023 Customer Standing Committee (CSC)*
>
> - Council approved the slate of 2023 CSC Members and Liaison, which
> include the liaison and alternate appointed by ALAC, *Holly Raiche*
> and *Ejikeme Egbuogu*, respectively, for the 2023 - 2025 term.
>
> *2. Next Round of New gTLDs / Subsequent Procedures 38 Pending
> Recommendations & "Other Dependencies"*
>
> *a. The 38 Pending Recommendations*
>
> - Since after ICANN77, the GNSO Council Small Team on SubPro has
> continued to work with the Board SubPro Caucus co-leads, Avri Doria and
> Becky Burr, in developing the Council's 2 next sub-deliverables in respect
> of the 38 Pending Recommendations. This involves bifurcating the 38
> recommendations into 2 broad groups:
>
>
> -
> - *Group (1)* covers Recommendations on the following SubPro Topics
> which were assessed and are understood to merely require clarifying
> statements by Council for the Board's consideration in context of the
> Board's concerns, in order to facilitate adoption by the Board.
> - Due to a late request by the ICANN Board for more time as "*[t]he
> Board would like to propose a small tweak to the language* [in the
> clarifying statements for Recommendations 9.1, 9.4, 9.8, 9.9, 9.10, 9.12,
> 9.13, 30.1, 31.16 and 31.17 (all regarding the enforceability of PICs and
> RVCs) *to ensure that it is crystal clear*", the recommendations
> where there is an expectation that the GNSO Council can resolve the ICANN
> Board concerns via a Clarifying Statement was amended to cover:
> - Topic 3: Applications Assessed in Rounds - Recommendations
> 3.1,3.2, 3.5, 3.6, 3.7
> - Topic 6: Registry Service Provider Pre-Evaluation -
> Recommendation 6.8
> - Topic 9: Registry Voluntary Commitments / Public Interest
> Commitments - Recommendations 9.1, 9.4, 9.8, 9.9, 9.10, 9.12,
> 9.13, 9.15
> - Topic 26: Security and Stability - Recommendation 26.9
> - Topic 29: Name Collision - Recommendation 29.1
> - Topic 30: GAC Consensus Advice and GAC Early Warning -
> Recommendation 30.7
> - Topic 31: Objections - Recommendations 31.16, 31.17
> - Topic 34: Community Applications - Recommendation 34.12
> - Topic 35: Auctions - Recommendations 35.3, 35.5
> - The resulting Clarifying Statement as at 23 Aug which was adopted
> by Council for Group (1) recommendations is found at this link
> <https://gnso.icann.org/sites/default/files/policy/2023/draft/draft-subpro-pending-recommendations-clean-23aug23-en.pdf>
> .
>
> *Action by ALAC Liaison*
>
> -
> -
> - To continue participating in Small Team to ensure clarifying
> statement captures existing ALAC positions, as relevant/needed.
>
>
> -
> - *Group (2)* covers the remaining pending recommendations for
> which the Council Small Team will continue to work on in light of the clear
> signal by the Board SubPro Caucus co-leads that the Board will very
> likely decline to adopt as they currently read. The Small Team's scope of
> work here includes considering whether such recommendations should be
> revised, and if so, how - either through the 'GNSO Operating Procedures
> section 16' path (which would involve reconvening the SubPro PDP WG), or
> through a 'Supplemental Recommendation' path for which Council will need to
> determine the mechanism to produce such supplemental recommendation.
>
>
> *Action by ALAC Liaison*To continue participating in Small Team to ensure
> clarifying statement captures existing ALAC positions, as relevant/needed,
> or to advocate for the inclusion of input outside of GNSO where Council
> opts for the 'Supplemental Recommendation' path.
>
> *c. Closed Generics Framework*
>
> -
> - Council received a substantive update on the status of the Closed
> Generics Framework produced by the GAC-GNSO-ALAC Dialogue small team, post
> a review of community comments received in response to the request
> for comments on the Draft Closed Generics Framework
> <https://community.icann.org/x/Io6ZDg> which closed on 15 Jul 2023.
> - The Chairs of the GAC, GNSO and ALAC convened to discuss what
> should happen with this Closed Generics Framework, namely whether there was
> sufficient community consensus for it to move to a GNSO policy development
> process. They concluded there was not and that there was not sufficient
> demand to take it further through a policy process. As a result, the GNSO
> Chair, GAC Chair, and ALAC Chair plan to send a separate communication to
> the ICANN Board that reflects the decision they took and, as stated in the
> letter, expressing the collective view that:
> -
>
> (1) closed generic gTLDs should not be viewed as a dependency
> for the next round;
> -
>
> (2) until there is community-developed policy, the Board should
> maintain the position from the 2012 round (i.e., any applications seeking
> to impose exclusive registry access for "generic strings" to a single
> person or entity and/or that person's or entity's Affiliates (as defined in
> Section 2.9(c) of the Registry Agreement) should not proceed; and
> -
>
> (3) should the community decide in the future to resume the
> policy discussions, this should be based on the good work that has been
> done to date in the facilitated dialogue.
> - This outcome was pre-empted by ALAC Chair Jonathan Zuck at the
> CPWG call on 9 August.
>
> *3. Next Round of New gTLDs - Standing Predictability Implementation
> Review Team (SPIRT)*
>
> - In its Final Report
> <https://gnso.icann.org/sites/default/files/file/field-file-attach/final-report-newgtld-subsequent-procedures-pdp-02feb21-en.pdf>,
> the Subsequent Procedures Working Group recommended “the formation of a
> Standing Predictability Implementation Review Team (‘SPIRT’) (Pronounced
> ‘spirit’) to serve as the body responsible for reviewing potential issues
> related to the Program, to conduct analysis utilizing the framework, and to
> recommend the process/mechanism that should be followed to address the
> issue (i.e., utilize the Predictability Framework). The GNSO Council shall
> be responsible for oversight of the SPIRT and may review all
> recommendations of the SPIRT in accordance with the procedures outlined in
> the GNSO Operating Procedures and Annexes thereto.”
> - Council discussed the task of chartering (not constituting) the
> SPIRT and concluded that it would be useful to set up a chartering team to
> include participation from the At-Large/ALAC, GAC and other parts of the
> community.
>
>
> *Action by ALAC Liaison*To alert the ALAC on timing of the call to form
> the SPIRT chartering team, in due course.
>
> *4. Discussion Paper on .Quebec *
>
> - The GNSO Chair led the commentary on this issue which essentially
> concluded that the issue of .quebec (TLD) not being a variant of “.québec”
> did not require an immediate resolution and one that did not squarely sit
> in the remit of the Expedited Policy Development Process on
> Internationalized Domain Names (EPDP on IDNs).
>
> *5. GNSO Council Committee for Overseeing and Implementing Continuous
> Improvement (CCOICI) Recommendations Report on Review of the Statement of
> Interest (SOI) Requirements *
>
> - Council received an overview
> <https://gnso.icann.org/sites/default/files/policy/2023/presentation/presentation-ccoici-recommendations-report-24aug23-en.pdf> of
> the CCOICI Recommendations Report
> <https://gnso.icann.org/sites/default/files/policy/2023/correspondence/chen-to-gnso-council-14aug23-en.pdf>on
> the SOI Requirements which concluded that no consensus was reached on the
> ability to exempt participants from declaring in their GNSO SOI who
> they represented whenever they participated in a PDP in case of
> professional ethical obligations preventing complications
> - Although it was recommended that the GNSO SOI format be updated to
> form two parts (see below), *the existing SOI language in relation to
> exemption is to remain as is.*
> - a) General Statement of Interest which contains general information
> about a participant (parent).
> - b) Activity Specific Statement of Interest which contains
> information that is provided specific to the activity, for example,
> motivation for participation (child)
>
>
> Thanks for reading / considering.
>
> Justine Chew
> ALAC Liaison to the GNSO
> GNSO Liaison Report Workspace
> <https://community.icann.org/display/atlarge/GNSO+Liaison+Report%2C+post-Oct+2021>
> ------
>
>
>
> On Thu, 24 Aug 2023 at 20:00, Justine Chew <justine.chew.icann at gmail.com>
> wrote:
>
>> Dear all,
>>
>> I have just been informed that with regards to the agenda item 4 for the
>> GNSO Council Meeting which will take place in just over an hour today that
>> the Board has requested more time because "*[t]he Board would like to
>> propose a small tweak to the language* [to the clarifying statements for
>> Recommendations 9.1, 9.4, 9.8, 9.9, 9.10, 9.12, 9.13, 30.1, 30.16 and 31.17
>> (all regarding the enforceability of PICs and RVCs) *to ensure that it
>> is crystal clear*". Therefore the update to that agenda item is as
>> follows:
>>
>> *Item 4: COUNCIL VOTE - SubPro Small Team Clarifying Statement*
>>
>> - Hence the recommendations where there is an expectation that the
>> GNSO Council can resolve ICANN Board concerns via a Clarifying Statement
>> are now
>>
>>
>> - Topic 3: Applications Assessed in Rounds - Recommendations 3.1,
>> 3.2, 3.5, 3.6, 3.7
>> - *The SubPro Final Report recommendation envisions that “the next
>> application procedure should be processed in the form of a round” and
>> “Application procedures must take place at predictable, regularly occurring
>> intervals without indeterminable periods of review”. However, the GNSO
>> Council confirms its willingness to engage with the ICANN Board to explore
>> a shared vision for the long-term evolution of the program, which could be
>> materially different than what is envisioned for the next round of the New
>> gTLD Program in the Topic 3 recommendations.*
>> - Topic 6: Registry Service Provider Pre-Evaluation - Recommendation
>> 6.8
>> - *The GNSO Council confirms its understanding of the
>> Implementation Review Team (IRT) Principles & Guidelines that state that,
>> “the IRT is convened to assist staff in developing the implementation
>> details for the policy to ensure that the implementation conforms to the
>> intent of the policy recommendations.” The Council therefore recognizes
>> that ICANN org will be responsible for establishing the fees charged for
>> the RSP pre-evaluation program, in consultation with the IRT, as is
>> consistent with the roles and responsibilities captured in the IRT
>> Principles & Guidelines. The language used in Recommendation 6.8 is not
>> intended to alter the respective roles and responsibilities of staff and
>> the IRT.*
>> - *Topic 9: Registry Voluntary Commitments / Public Interest
>> Commitments* - Recommendations 9.1, 9.4, 9.8, 9.9, 9.10, 9.12, 9.13,
>> 9.15
>> - *Recommendations 9.1, 9.4, 9.8, 9.9, 9.10, 9.12, 9.13 - The GNSO
>> Council confirms that in respect to any new Public Interest Commitments
>> (PICs) and Registry Voluntary Commitments (RVCs), PICs/RVCs entered into
>> must be contractually enforceable, and in respect of RVCs, enforceability
>> is determined by both ICANN org and the applicant. And further, the Council
>> observes that among the purposes of PICs / RVCs is to address public
>> comments, in addressing strings deemed highly sensitive or related to
>> regulated industries, objections, whether formal or informal, GAC Early
>> Warnings, GAC Consensus Advice, and/or other comments from the GAC.*
>> - *Recommendation 9.15: The GNSO Council confirms that this
>> recommendation does not require any implementation nor creates any
>> dependencies for the Next Round of the New gTLD Program.*
>> - Topic 26: Security and Stability - Recommendation 26.9
>> - *The GNSO Council confirms that the “any level” language
>> referenced in the recommendation should be interpreted to only be in
>> respect of domain names that are allocated by the registry operator.*
>> - *Topic 29: Name Collision* - Recommendation 29.1
>> - *The GNSO Council believes that Recommendation 29.1 can be
>> adopted by the Board on the understanding that it does not need to be acted
>> on until such time any next steps for mitigating name collision risks are
>> better understood out of the Name Collision Analysis Project (NCAP) Study
>> 2.*
>> - Topic 30: GAC Consensus Advice and GAC Early Warning -
>> Recommendation 30.7
>> - *Please see the Council’s clarifying statement for
>> Recommendations 9.1, 9.4, 9.8, 9.9, 9.10, 9.12, 9.13.*
>> - Topic 31: Objections - Recommendations 31.16, 31.17
>> - *Please see the Council’s clarifying statement for
>> Recommendations 9.1, 9.4, 9.8, 9.9, 9.10, 9.12, 9.13.*
>> - *Topic 34: Community Applications *- Recommendation 34.12
>> - *The GNSO Council confirms its recommendation that terms
>> included in the contract between ICANN org and the CPE Provider regarding
>> the CPE process must be subject to public comment. This recommendation
>> however is not intended to require ICANN org to disclose any confidential
>> terms of the agreement between ICANN org and the CPE Provider.*
>> - *Topic 35: Auctions* - Recommendations 35.3, 35.5
>> - *The GNSO Council confirms that the references to private
>> auctions in Recommendations 35.3 and 35.5 merely acknowledge the existence
>> of private auctions in 2012 and should NOT be seen as an endorsement or
>> prohibition of their continued practice in future rounds of the New gTLD
>> Program. The Council notes that there were extensive discussions on the use
>> of private auctions in the SubPro working group. To the extent that draft
>> recommendations were developed as to private auctions, these did not
>> receive consensus support in the working group but did receive strong
>> support with significant opposition.*
>>
>>
>> - Council will vote on the clarifying statement to be submitted to
>> the ICANN Board.
>>
>>
>>
>> Justine Chew
>> ALAC Liaison to the GNSO
>> GNSO Liaison Report Workspace
>> <https://community.icann.org/display/atlarge/GNSO+Liaison+Report%2C+post-Oct+2021>
>> ------
>>
>>
>>
>> On Tue, 15 Aug 2023 at 17:47, Justine Chew <justine.chew.icann at gmail.com>
>> wrote:
>>
>>> Dear all,
>>>
>>> Just a note to inform you that the agenda for the GNSO Council meeting
>>> of 24 Aug 2023 at 13:00 UTC is out as follows:
>>>
>>> It's another packed agenda; for a curated version of the highlighted
>>> agenda items (especially item 4), please visit this link
>>> <https://community.icann.org/display/atlarge/GNSO+Liaison+Report%2C+post-Oct+2021#Aug2023-MOI_Aug2023>
>>> .
>>>
>>> *GNSO Council Meeting #8 of 2023 held on 24 Aug 2023*
>>>
>>> *Full Agenda <https://community.icann.org/x/0IBXDg> | Documents
>>> <https://community.icann.org/x/yIBXDg> | Motions
>>> <https://community.icann.org/x/voBXDg>*
>>>
>>> - *Item 1: Administrative Matters*
>>> - Item 2: Opening Remarks / 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*
>>> - Approval of the 2023 Customer Standing Committee (CSC) Slate
>>> - *Item 4: COUNCIL VOTE - SubPro Small Team Clarifying Statement*
>>> - *Item 5: COUNCIL DISCUSSION - GNSO Council Committee for
>>> Overseeing and Implementing Continuous Improvement (CCOICI) Recommendations
>>> Report on Review of the Statement of Interest (SOI) Requirements *
>>> - *Item 6: COUNCIL DISCUSSION - Chartering the Standing
>>> Predictability Implementation Review Team (“SPIRT”)*
>>> - *Item 7: COUNCIL DISCUSSION - SubPro Pending Recommendations -
>>> Expected Non-Adoption *
>>> - *Item 8: COUNCIL DISCUSSION - Closed Generics*
>>> - *Item 9: AOB*
>>> - *9.1 Update from NIS2 Outreach Team *
>>> - 9.2 ICANN78 Planning
>>> - *9.3 Discussion Paper on .Quebec*
>>> - *9.4 Grant Program Implementation update to Chartering
>>> Organizations*
>>>
>>>
>>> As usual, Council meetings are open to observers in listen-only
>>> mode. If you would like to observe the meeting, please check this link
>>> <http://community.icann.org/display/atlarge/GNSO+Liaison+Report%2C+post-Oct+2021#Aug2023-Meet_Aug2023temp> for
>>> details.
>>>
>>> Thanks for reading / considering.
>>>
>>> Justine Chew
>>> ALAC Liaison to the GNSO
>>> GNSO Liaison Report Workspace
>>> <https://community.icann.org/display/atlarge/GNSO+Liaison+Report%2C+post-Oct+2021>
>>>
>>> _______________________________________________
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