Motions 2024-09-19

Consent Agenda:

Motion to Replace ANNEX 6: Registries Stakeholder Group and Registrars Stakeholder Group Process to Select ICANN Board Seat #13 Candidates, in the GNSO Operating Procedures

Submitted by: Nacho Amadoz

WHEREAS,

1. In September 2024, the Registries Stakeholder Group and Registrars Stakeholder Group will begin the process to select a new ICANN Board Seat #13 Candidate.
2. In advance of this process, the Registries Stakeholder Group and Registrars Stakeholder Group, undertook a joint review of the existing process to select a new ICANN Board Seat #13 Candidate in Annex 6 to ensure it was clear, effective, and appropriately balanced between Stakeholder Groups.
3. The review noted that the current Annex 6 procedure was very vague, imbalanced between the Stakeholder groups, and didn’t provide stability for future selection processes.
4. The proposed replacement for Annex 6 is intended to offer continuity in the selection process, prevent potential gaming of the process, provide balance between the Stakeholder groups, and encourage the selection of a consensus candidate.

RESOLVED,

1. The GNSO Council requests that the GNSO Operating Procedures be updated to include the new proposed Annex 6 process for immediate use by the Registries Stakeholder Group and Registrar Stakeholder Group to begin their selection process.

Consent Agenda: 

Approval of the 2024 Customer Standing Committee (CSC) Slate of Members and Liaisons 

Submitted by: Nacho Amadoz

Whereas, 

1. The Customer Standing Committee (CSC) was established as one of the post IANA Transition entities and conducted its first meeting on 6 October 2016.
2. In accordance with Section 17.2 (d) of the ICANN Bylaw and per the CSC Charter, the full membership of the CSC must be approved by the GNSO Council.
3. On 31 July 2024, the GNSO Council received a letter from ICANN org staff supporting the CSC, requesting that the GNSO Council approve the CSC slate of members and liaisons: 

Members: 

Dmitry Burkov (EU)

Appointing Organization: RySG

Term: 1 October 2023 - 30 September 2025

Federico Neves (LAC)

Appointing Organization: ccNSO

Term: 1 October 2023 - 30 September 2025

Pablo Rodriguez (NA)

Appointing Organization: ccNSO

Term: 1 October 2024 - 30 September 2026

Rick Wilhelm (NA)

Appointing Organization: RySG

Term: 1 October 2024 - 30 September 2026 

Liaisons: 

Joe Abley

Appointing Organization: SSAC

Term: 1 October 2024 - 30 September 2026

Tracy Hackshaw

Appointing Organization: GAC

Term: 1 October 2024 - 30 September 2026

Hiro Hotta

Appointing Organization: RSSAC

Term: 1 October 2024 - 30 September 2026

Milton Mueller

Appointing Organization: GNSO (Non-Registry)

Term: 1 October 2023 - 30 September 2025

Holly Raiche

Appointing Organization: ALAC

Term: 1 October 2023 - 30 September 2025

Amy Creamer

Appointing Organization: PTI

Term: No term limit

ASO has advised that it will not send a liaison to the CSC for the 2024 slate.

Alternates: 

Maarten Aertsen

Appointing Organization: SSAC

Term: 1 October 2024 – 30 September 2026

Gloria Atwine Katuuku

Appointing Organization: GAC

Term: 1 October 2024 – 30 September 2026

Ejikeme Egbuogu

Appointing Organization: ALAC

Term: 1 October 2023 – 30 September 2025

John Gbadamosi

Appointing Organization: GNSO (Non-Registry)

Term: 1 October 2023 – 30 September 2025

Daniel Migault

Appointing Organization: RSSAC

Term: 1 October 2024 – 30 September 2026

Nicklas Pousette

Appointing Organization: ccNSO

Term: 1 October 2024 – 30 September 2025

Resolved, 

1. The GNSO Council approves the 2024 CSC slate of members and liaisons.
2. The GNSO Council requests that the GNSO Secretariat notify ICANN Org staff supporting the CSC no later than 25 September 2024 that the GNSO has approved the 2024 CSC slate of members and liaisons.

(Updated with friendly amendment)

Motion to Approve Supplemental Recommendations for the Non-Adopted Topic 24: String Similarity Evaluation SubPro Recommendations

Submitted by: Paul McGrady

Seconded by: Susan Payne 

WHEREAS,

1. The GNSO Council adopted the Final Report of the New gTLD Subsequent Procedures (SubPro) PDP on 18 February 2021.
2. On 16 March 2023, the ICANN Board adopted the majority of the SubPro Outputs, as identified in Section A of the Scorecard, while designating a select set of recommendations as pending, identified in Section B of the Scorecard.
3. The GNSO Council established a small team to carefully review the pending SubPro recommendations and identify the best path forward to seek to resolve the issues that were preventing Board adoption of the pending recommendations.
4. For certain pending SubPro recommendations needing further community input, the GNSO Council established a Small Team Plus, consisting of GNSO Councilors and community members.
5. Leveraging the small team and the Small Team Plus, the GNSO Council was able to address the vast majority of pending recommendations, through a combination of dialogue with the ICANN Board, issuing two Clarifying Statements, and adopting several Supplemental Recommendations during its April 2024 meeting.
6. During the Council's April 2024 meeting, the Council elected to pursue further amendments to the Supplemental Recommendations related to Topic 24: String Similarity Evaluations, and accordingly, removed the relevant Supplemental Recommendations from consideration.
7. The Small Team Plus was reconvened to consider a draft proposal put forth by ICANN org to allow for singular and plurals of the same word in the same language to be identified and rejected or placed into a contention set.
8. The Small Team Plus developed a Supplemental Recommendation that allows for the identification of singular and plurals of the same word in the same language, and subsequent rejection or placement into a contention set. While the Small Team Plus considered the creation of an exception procedure, the Small Team Plus ultimately agreed on no exceptions.
9. On September 9, 2024, the Supplemental Recommendation regarding Topic 24: String Similarity Evaluations were shared with the GNSO Council.
10. Attached to the Supplemental Recommendation document as Annex 2 is the Small Team Plus’ explanation for the Supplemental Recommendation as well as a Minority Statement and a Plurality Statement.

RESOLVED,

1. The GNSO Council approves the Supplemental Recommendation for the non-adopted SubPro recommendations related to Topic 24: String Similarity Evaluations set forth on Annex 1 and instructs the GNSO Secretariat to transmit the Supplemental Recommendation to the ICANN Board.
2. The GNSO Council has been made aware of Minority and Plurality Views to the Supplemental Recommendation and, while not adopted by the Council, instructs the GNSO Secretariat to transmit these views to the ICANN Board for the Board’s information.

(Updated with friendly amendment)

Registration Data Accuracy Scoping Team Recommendations #1 and #2

Submitted by: Nacho Amadoz

Seconded by: Susan Payne 

Whereas, the GNSO Council resolved on 17 November 2022 to defer consideration of Recommendations #1 and #2 of the Registration Data Accuracy Scoping Team until such time as the Data Processing Agreement (DPA) negotiations between ICANN org and Contracted Parties have completed and there is feedback from ICANN org on if/how it anticipates the requesting and processing of registration data will be undertaken in the context of measuring accuracy, or for six months, whichever is the shorter;

Whereas, recommendation #1 from the Scoping Team recommended ICANN org to carry out a voluntary registrar survey regarding registrar practices for data accuracy;

Whereas, recommendation #2 from the Scoping Team recommended ICANN org to conduct a registrar audit;

Whereas the ICANN Board requested ICANN staff to prepare specific scenarios for which it would consult with the European Data Protection Board (EDPB) concerning the proposed data processing under the General Data Protection Regulation (GDPR).

Whereas, ICANN org proposed four scenarios, which included those proposed in recommendations #1 and #2 from the Scoping Team, on which it conducted a comprehensive assessment, and provided its “Assessment on Registration Data Accuracy Scenarios” on 19 October 2023.  ICANN org draws the following conclusions: 

1. It is unclear whether [the scenarios] would provide useful data to inform the Accuracy Scoping Team’s efforts;
2. The scenarios are not expected to provide data as it relates to identity verification of the registrant or veracity of the contact information (i.e., the data belongs to the data subject);
3. The costs associated with a full-scale registrar audit [Scoping Team Recommendation #2] may be prohibitive when taking into account the relatively low level of insight the audit may yield;
4. There is a concern that ICANN does not have the authority to mandate collection of nonpublic registration data necessary to conduct reviews outside of auditing current contractual requirements; and
5. ICANN may not be able to demonstrate the purpose of some of the data processing outweighs the rights of the impacted data subject;
6. Based on the voluntary nature of the survey [Scoping Team Recommendation #1], should a significant portion of registrars not participate, information collected may be statistically disproportionate to registration data that exists across all registered gTLD domain names.

Whereas, the GNSO Council discussed ICANN org’sduring its meeting on 16 November 2023.

Whereas, the GNSO Council deferred the consideration of the Scoping Team’s recommendations for an additional six months on 15 February 2024, noting that, barring (i) completion of the Data Processing Agreement, (ii) implementation of the NIS2 directive, or (iii) publication of the Inferential Analysis of Maliciously Registered Domains (INFERMAL) Study, it may not be the appropriate time to consider the Accuracy Scoping Team’s recommendations.

Whereas, the GNSO Council further discussed the limitations noted in ICANN org’s assessment during its meetings on 12 June 2024, 18 July 2024, and 8 August 2024 and discussed the limitations with proceeding with Recommendations #1 and #2 and the limitations with restarting the Accuracy Scoping Team.

Whereas, the GNSO Council recognizes the importance of Registration Data Accuracy to the ICANN community and commits to continue its discussion of how best to move forward on this topic.

Whereas, the GNSO Council believes further consideration of how to make meaningful progress on the topic of Registration Data Accuracy is necessary, and accordingly, will further defer consideration of the Accuracy Scoping Team’s Recommendations #1 and #2 for an additional six months while it discusses how to proceed.

Resolved,

1. The GNSO Council will defer consideration of the Registration Data Accuracy Scoping Team’s Recommendations #1 and #2 for an additional six months while it determines how to make meaningful progress on the topic.
2. The GNSO Council recognizes the importance of Registration Data Accuracy to the ICANN community and commits to continue its discussion of how best to move forward on this topic.