Please note that all documents 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/wRVpBQ
This agenda was established according to the GNSO Operating Procedures v3.3, updated on 30 January 2018
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Coordinated Universal Time: 11:00 UTC: https://tinyurl.com/y9663p2o
04:00 Los Angeles; 07:00 Washington; 10:00 London; 16:00 Islamabad; 20:00 Tokyo; 22:00 Hobart
GNSO Council Meeting remote participation details: https://63.schedule.icann.org/meetings/901654
Councilors should notify the GNSO Secretariat in advance if they will not be able to attend and/or need a dial out call.
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1.4 - Note the status of minutes for the previous Council meetings per the GNSO Operating Procedures:
Minutes of the GNSO Council meeting on the 26 August 2018 were posted on the 03 September 2018
Minutes of the GNSO Council meeting on the 25 September 2018 were posted on the 13 October 2018
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2.1 - Review focus areas and provide updates on specific key themes / topics, to include review of Projects List and Action Item List
Item 3. Consent Agenda (5 minutes)
Reconfirmation of Julf Helsingius as GNSO Council Liaison to the Governmental Advisory Committee (motion)
Recommendations Report to the ICANN Board regarding adoption of the Final Report from the Reconvened Working Group on Red Cross Names Policy Development Process (PDP) Working Group.
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Here, the Council will vote to adopt the charter of the SCBO on a permanent basis.
4.1 – Presentation of motion (Ayden Férdeline)
4.2 – Council discussion
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In January 2018, the GNSO Council held an inaugural three-day Strategic Planning Session. On Day 3 of this meeting, the GNSO Council reviewed the workload for the year ahead and identified potential milestones, noting that the current average timeline for delivery of an Initial Report has increased at least 2-4 times compared to previous PDPs. In addition to noting the increased duration of the PDP lifecycle, the Council began to identify challenges being encountered in PDPs, informed by a staff discussion paper on optimizing increased engagement and participation while ensuring efficient and effective policy development.
The effort to increase the effectiveness and efficiency of the GNSO PDP process is called GNSO PDP 3.0. On 11 May 2018, a summary paper was shared with the Council, summarizing input received to date, as well as some proposed incremental improvements. The Council members and their respective Stakeholder Groups and Constituencies were invited to provide input, after which a summary report was prepared and shared with the Council on 10 September 2018, followed by a dedicated webinar on 11 September 2018.
Based on the input received as well as the subsequent webinar, Council leadership developed a proposed GNSO Policy Development Process 3.0 How to increase the effectiveness and efficiency of the GNSO Policy Development Process documentfor Council consideration. The GNSO Council and broader community will have reviewed and discussed the GNSO PDP 3.0 Implementation Plan during the GNSO Weekend Session at ICANN63.
Here, the Council will vote to adopt the GNSO PDP 3.0 Implementation Plan.
5.1 – Presentation of motion (TBD)
5.2 – Council discussion
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On 19 November 2015, the GNSO Council adopted thecharter for the next-generation gTLD Registration Directory Service (RDS) to replace WHOIS Policy Development Process Working group. Following ICANN61 (March 2018), the RDS PDP Leadership decided to put on hold WG meetings indefinitely. This decision was made in light of the uncertain status of GDPR-related work and the possible duplication of efforts as a result of the adoption by the ICANN Board of the Temporary Specification for gTLD Registration Data.
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Here, the Council will vote to terminate the Next-Generation gTLD Registration Directory Service (RDS) to replace WHOIS Policy Development Process.
6.1 – Presentation of motion (Stephanie Perrin)
6.2 – Council discussion
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Taking this action is within the GNSO’s remit as indicated in section 11.3.i.vii of the ICANN Bylaws, where the Council may “Terminate a PDP: Once initiated, and prior to the publication of a Final Report, the GNSO Council may terminate a PDP only for significant cause, upon a motion that passes with a GNSO Supermajority Vote in favor of termination.”
Item 7: COUNCIL VOTE DISCUSSION – IGO-INGO Access to Curative Rights Protection Mechanisms (15 minutes)
The IGO-INGO Access to Curative Rights Protection Mechanisms PDP WG had worked to resolve a final recommendation relating to IGO jurisdictional immunity and registrants’ rights to file court proceedings. The WG has determined consensus on a set of options for this final recommendation, as well as for all other recommendations. The WG Chair proposed his determination of consensus levels for all recommendations, which the WG affirmed. On 27 June 2018, the GNSO Council passed a resolution, thanking the PDP WG for its efforts and requesting that it submit its Final Report in time for the 19 July 2018 Council meeting.
After having agreed on consensus levels for its final recommendations, the WG considered the text of its Final Report. On 9 July 2018, the PDP WG submitted its Final Report to the GNSO Council for its consideration, which contains five consensus recommendations and three minority statements, documenting their disagreement either with one or more of the final recommendations or other parts of the Final Report.
There remain several inconsistencies between GAC advice and consensus recommendations from the IGO-INGO PDP WG, which have yet to be reconciled, including on the topic of appropriate protections for IGO acronyms (both preventative and curative). During its 19 July Council meeting, the Council resolved to accept the Final Report from the IGO-INGO Access to Curative Rights Mechanisms PDP Working Group and has begun considering the topic of curative rights protections for IGOs in the broader context of appropriate overall scope of protection for all IGO identifiers.
On 9 October 2018, the Council held a question and answer webinar to review the recommendations and to ask itself a series of questions, 1) Does the Council believe that the PDP has addressed the issues that it was chartered to address (i.e. What questions/topics was the Working Group chartered to consider, did it consider those charter topics/questions, and did it do so in a legitimate way)?; 2) Has the PDP followed due process?; and 3) Did the PDP Working Group address GAC advice on the topic?
Here, the Council will vote on explain why the motion to accept to recommendation the recommendations and Final Report of the IGO-INGO Access to Curative Rights Protection Mechanisms PDP WG was withdrawn. In addition, the Council will have preliminary discussions on next steps.
7.1 – Presentation of motiontopic (TBDCouncil leadership)
7.2 – Council discussion
7.
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7.2.2: Has the PDP followed due process?
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7.3 – Council vote (voting threshold: approval of PDP recommendations imposing contractual obligations on Contracted Parties: Supermajority; approval of other PDP recommendations: 50% of each House plus 1 Councilor from 3 out of 4 Stakeholder Groups in favor)
Taking this action is within the GNSO’s remit as indicated in section 11.1 of the ICANN Bylaws, where it states that the GNSO is “responsible for developing and recommending to the Board substantive policies relating to generic top-level domains and other responsibilities of the GNSO as set forth in these Bylaws.”3 – Next steps
Item 8: COUNCIL UPDATE – Temporary Specification for Registration Data Expedited Policy Development Process - Recurring Update (15 minutes)
On 19 July 2018, the GNSO Council resolved to initiate the Expedited Policy Development Process (EPDP) on the Temporary Specification for gTLD Registration Data and adopt the EPDP Team Charter. Given the challenging timeline for the EPDP and the GNSO Council’s role in managing the PDP process, the Council has agreed that including a recurring update on the EPDP for each Council meeting is prudent.
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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 11:00 UTC
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