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GAC Advice

The GAC provides advice to the ICANN Board on policy matters where there may be an interaction between ICANN’s policies and various laws, international agreements and public policy objectives. GAC Advice is communicated to the ICANN Board through either a Communique or a formal piece of Correspondence. This area of the website provides you with full access to both types of GAC Advice as well as the comprehensive historical list of GAC advice provided to the Board and links connecting that advice to its outcome using the ICANN Board Advice Registry tool.

 

GAC Advice

Reference No. :

2019-03-14 - ICANN Board Consideration of the CCT Review Recommendations

First Delivered 14 Mar 2019 via :

ICANN64 Kobe Communique

Consenus:

Consensus met

2019-03-14 - ICANN Board Consideration of the CCT Review Recommendations

The GAC notes with concern the recent Board resolution in response to the Final Recommendations of the Competition, Consumer Trust and Consumer Choice Review Team, which approved only 6 of 35 consensus recommendations.

a. The GAC advises the Board to: 

  1. Promptly meet with the CCT Review Team leadership to discuss the Board’s resolution and
  2. Possibly reconsider certain decisions on recommendations if appropriate.
  3. Possibly reconsider certain decisions on recommendations if appropriate.

Rationale

The GAC is concerned that the recent Board resolution response to the Final Recommendations of the Competition, Consumer Trust and Consumer Choice Review Team approved only 6 of 35 consensus recommendations related to important competition and consumer protection issues. The CCT review is the first completed Bylaw-mandated review after the IANA Stewardship Transition and serves as a vital accountability mechanism. We urge the Board to promptly meet with the CCT Review Team leadership to discuss the Board’s resolution and consider the possibility of revisiting certain decisions if agreed appropriate.

*******

15 May 2019
Board Scorecard related to: 

a. The GAC advises the Board to: 

  1. Promptly meet with the CCT Review Team leadership to discuss the Board’s resolution

Board Understanding Following Board-GAC Call

Board Response

The Board acknowledges the GAC’s concern with the recent Board resolution response to the Final Recommendations of the Competition, Consumer Trust and Consumer Choice Review Team. The Board notes the CCT review is a vital accountability mechanism. The Board understands that the GAC urges the Board to promptly meet with the CCT Review Team leadership to discuss the Board’s resolution and consider the possibility of revisiting certain decisions if agreed appropriate.

The Board acknowledges the GAC’s concerns regarding the recent Board resolution in response to the Final Recommendations of the Competition, Consumer Trust and Consumer Choice Review Team and accepts the advice.

The Board has initiated communications with the CCT Review Team implementation shepherds (designated by the CCT Review Team) to address the areas related to CCT recommendations, having held a call on 23 April. The Board also understands the importance of working with the community to develop a process to prioritize and establish a sustainable cadence of implementations, with a defined protocol for handling specific review recommendations differently as compared to the past reviews. The Board has publicly committed to meet with the leaders of other specific review teams and to hold a public session at ICANN65 with the ICANN community, to address the broader issues around reviews and recommendations.

The Board stands by its decisions with respect to the CCT recommendations, for the reasons set forth in the letter issued in Kobe; however, the Board is reviewing the timing and communication of its responses to specific review teams to avoid surprises in the future.

The Board would also like to provide further clarification of its action. As noted in the communication to the CCT review team, the “intention was and remains to fully consider and thoughtfully act on each of the recommendations in the Final Report. To be clear, the Board has not rejected any of the recommendations in the Final Report. After careful consideration of the 35 recommendations, the Board determined to address each, in one of three ways:
• The Board accepted six recommendations and directed the ICANN org to develop a costing and implementation plan, to be shared with the community within six months from the Board action. We acknowledge that some members of the community believe that this timeline is unnecessarily extended; and we will review these recommendations with ICANN org to determine whether this timeline can be accelerated.

• Fourteen of the recommendations directed to the Board were actions that were not directly within the Board's remit at this stage in the bottom up multistakeholder process. The Board felt that some of these recommendations were excellent. We also had questions aboutothers. We ultimately concluded that expressing an opinion on policy recommendations outside the Board’s remit at this stage may be interpreted as the Board’s interfering with policy development authority allocated to the community under the ICANN Bylaws. The Board is also mindful of the relative role of the Board and ICANN org. Accordingly, we referred recommendations in this category to either the appropriate policy development body or to ICANN org to handle. Please keep in mind that the community is obligated to fully consider all input into PDPs and CCWGs, and that the Board is ultimately responsible for ensuring that such input is duly considered and appropriately addressed.

• Seventeen of the remaining recommendations were categorized as pending. The Board felt that recommendations in this category raised substantive questions or required more information. The Board directed ICANN org to take specific actions to resolve the pending status as soon as possible. We acknowledge that some members of the community believe that this amounts to rejecting the recommendations. This is not the case, and we will review these recommendations with ICANN org to determine whether a specific timeline can be established.

a. The GAC advises the Board to: 

ii. Possibly reconsider certain decisions on recommendations if appropriate.

Board Understanding Following Board-GAC Call

Board Response

The Board also acknowledges the GAC’s concern with the recent Board resolution response to the Final Recommendations of the Competition, Consumer Trust and Consumer Choice Review Team. The Board notes the CCT review is a vital accountability mechanism. The Board understands that the GAC urges the Board to promptly meet with the CCT Review Team leadership to discuss the Board’s resolution and consider the possibility of revisiting certain decisions if agreed appropriate.

See response on §2.a.i.