Board-GAC Consultation on GAC ICANN77 Advice (Commercial/Non-commercial)
- Jared Erwin
The ICANN Bylaws require the Board to take into account public policy advice from the GAC when formulating and adopting public policy matters. (Art. 12, Sec. 2.2(x)). When the Board intends to take an action that is inconsistent with GAC advice, the Bylaws and other ICANN governing procedures, including the GAC Operating Principles, establish a consultative process between the Board and the GAC to find a mutually acceptable solution. At the core of the consultative process is the requirement that the Board notify the GAC when it intends to take an inconsistent action and explain why it is doing so. Additionally, the GAC and the Board must engage with each other in good faith to try to find a solution to their differences. If in the end the Board and the GAC cannot find a solution, the Board is required to explain in its final decision why it is not following the GAC’s advice.
At issue in this Bylaws Consultation is item 4.a.i of the GAC’s advice from its ICANN77 Communiqué.
“To take steps to avoid the use of auctions of last resort in contentions between commercial and non-commercial applications; alternative means for the resolution of such contention sets, such as drawing lots, may be explored.”
The Board-GAC Consultation Call regarding ICANN77 Advice Item 4.a.i. will be held 3 September 2024. Below are the materials in support of that call.