[ALAC] Summary Report for GNSO Council 24 Aug 2023 meeting
Justine Chew
justine.chew.icann at gmail.com
Mon Aug 28 15:55:55 UTC 2023
Thank you for your note, Carlton. It it helps at all, in the GNSO Liaison
Report Workspace
<https://community.icann.org/display/atlarge/GNSO+Liaison+Report%2C+post-Oct+2021>,
I have also tried to curate developments by key topics with less
details but with relevant links.
Kind regards,
Justine
On Mon, 28 Aug 2023 at 23:39, Carlton Samuels <carlton.samuels at gmail.com>
wrote:
> 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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