ICANN60 Abu Dhabi Meeting Minutes

Session Minutes

This remains an issue of concern to some, but not all, GAC members. Several members expressed concern that matters raised in Section 5 of the Johannesburg Communique, including creation of a task force, had not happened; and that ICANN engagement should be with the whole GAC rather than bilaterally.

At the face-to-face meeting with the Board, the ICANN CEO said that there had been discussions with some governments since Johannesburg, and ICANN Org was not closing these off. However, his main focus will continue to be on improved information flows between ICANN Org and GAC members as a matter of process rather than this specific issue.

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GAC members noted the current situation with this issue, including the need for governments to regularly update the GAC list of countries requiring notification of proposals to use their country/territory name at the second level. It was not clear whether names at the second level would be within the terms of reference of the new Work Track 5 (geographic names) of the PDP on New gTLD Subsequent Procedures.

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The GAC was informed that a new contract had been finalised between ICANN and ACIG extending independent secretariat services to the GAC to the end of 2018. However, a shortfall in funding meant that ACIG was preparing to conclude its services on 30 November 2017.

New funding commitments were made by GAC members by the end of the meeting as follows (See attachment for funding requirements)

Financing of 2017:

2017 à financing gap of 18‘550; confirmed pledge of 10‘000€ from Lux to be paid in quarter 4. 2017 + 10K€ NO and 5K€ DK (excess of 6’450€ will go to reserves)

Financing of 2018: overview of confirmed transfer pledges

• Transfers in quarter 4. 2017 (to pay quarter 1. 2018): 10K€ Austria + 25K€ Brazil (CGI.br) + 50K€ NL (to be paid in January 2018 / 25K€ in excess go to quarter 1.)
• Transfers in quarter 1. 2018 (to pay quarter 2. 2018): 9K€ Czech Rep + 10K€ Lux + 150K SEK[1] SWE + 25K€ NL (from excess in quarter 4.)
• Transfers in quarter 2. 2018 (to pay quarter 3. 2018): 50K€ EU + 25KCHF Switzerland (21’580€) (11’580 in excess of 60K€ go to quarter 3)
• Transfers in quarter 3. 2018 (to pay quarter 4. 2018): 11’580€ Switzerland (from excess in quarter 2.) + 20K€ Australia (AuDA)

GAC members agreed to continue efforts to widen the number of countries making contributions for 2018 and into 2019. Continuation of ACIG services beyond 30 November 2017 will be further discussed with the GAC Chair.

[1] SWE commits to contribute 150‘000 SEK. The resulting amount in Euro will depend on the applicable exchange rate. As of 27 October 2017 150K SEK would be around 15’420€

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The GAC agreed to adopt guidelines for its participation in the Empowered Community. These guidelines will be made available on the GAC website and reviewed periodically in the light of practical experience.

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See Agenda Item 5 a.

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GAC members again discussed possible ways to enable the most efficient and effective GAC participation in CCWGs and PDPs, including:

• Mentoring of newer participants by more experienced members.
• Coordination among GAC members of the same group to rotate attendance and flag upcoming issues of relevance.
• Extending the current GAC guidelines on participation in CCWGs to PDPs.
• Making better use of cross-community sessions at ICANN meetings.
• Avoiding “over-engineering” of the issue and acknowledging that it fundamentally requires some time commitment by members.

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The GAC Working Group on Human Rights and International Law received an update from the Human Rights Sub-Group of the Cross Community Working Group on Accountability on progress in developing the Framework of Interpretation (FoI) and Considerations relating to the Human Rights Core Value in the ICANN Bylaws, including reference to the UN Guiding Principles on Business and Human Rights. An information exchange on implementation efforts of the FoI was held with the Cross Community Working Party on ICANN's Corporate and Social Responsibility to Respect Human Rights (CCWP-HR). Information was also provided by ICANN's Senior Vice-President for strategy concerning actions being undertaken by ICANN Org to implement the framework in its operations and activities

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The GAC Working Group to Examine the Protection of Geographic Names in any Future Expansion of gTLDs met and analysed the ways for it and the GAC to participate in the new “Work Track 5” on geographic names of the New gTLD Subsequent Procedures PDP Working Group.

The Working Group decided to ask the GAC leadership to identify a small group of GAC colleagues to join Work Track 5 and organize the work of this group; and to continue its work as currently established and to act as a space for analysing the development of the activities of Work Track 5.

A summary of the two open sessions on geographic names as TLDs organized by the GNSO during the ICANN 59 meeting in Johannesburg was distributed.

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The GAC met with the PDP on New gTLD Subsequent Procedures and had a productive discussion on applicant support and community based applications.

With regard to applicant support, GAC members considered that the issues go beyond ICANN’s Applicant Support Program. The low number of new gTLD applications from some regions may reflect commercial realities and a lack of an obvious value proposition, although general awareness seems to have been low. The PDP would welcome feedback on application fee levels.

With regard to community based applications, GAC members noted that these often represented the lowest entry point for new gTLDs and were often not-for-profit based. The GAC agreed that there would be value in engaging with the PDP on possible application and review frameworks for community applications in future rounds.

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The GAC discussed the recommendations of the CCWG-Accountability WS2 Sub-Group on Jurisdiction with regard to OFAC[1] sanctions and choice of law in contracts. There was a range of views. Some members had concerns that the recommendations do not go far enough in addressing current and potential problems with US jurisdiction and ICANN. Other members supported both the recommendations and the process followed by the Sub-Group.

It was agreed that GAC members, and where appropriate the GAC as a whole, will continue to engage with development of recommendations on jurisdiction by the CCWG, both through the Working Group and through the public comment process in 2017-2018.

[1] [United States] Office of Foreign Assets Control

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The GAC met with representatives of Amazon.com, at their request, to discuss their applications for dot Amazon and related strings. Several GAC members expressed strong concerns about the process followed by the company, the importance of the Amazon Cooperation Treaty Organization (ACTO) as a legitimate political forum for this issue and the possibility of wider impact should Amazon’s applications succeed. A statement was circulated prior to the meeting by Brazil and Peru.

A compromise proposal from the company[1], using a public interest commitment framework, was noted as a matter for further discussion between the company and ACTO members with the ICANN Board in a facilitating role.

The GAC also discussed the request from the Board[2] for any additional information on the GAC’s current advice on this matter by the end of ICANN 61. The Board indicated at the face-to-face meeting with the GAC that it is not taking any action pending the GAC’s response, and that the request does not suggest any predisposition to a particular course of action. The GAC agreed to consider the Board’s request in a way that will avoid any damaging precedents being set.

[1] The Amazon.com presentation is on the GAC website at Agendas/ICANN60 GACX Agenda/Agenda Item 12.

[2] Board Resolutions 2017.10.29.02 and 2017.10.29.03 and letter of 29 October 2017 from Board Chair to GAC Chair.

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The GAC met with the Chair and members of the GNSO Council. The key issues raised were:

• The reconvened PDP to consider protections for certain Red Cross Red Crescent Names. It was noted that, while acronyms are outside the scope of the Board’s request. The issue could be considered after the current process is finalised.
• PDP on IGO Access to Curative Rights Protection Mechanisms. GAC members noted previously agreed views on the special role of IGOs.
• Update on PDPs. The need for continued GAC participation was noted. This does not necessarily mean attending every call, but rather being prepared if notified in advance. The information session from Registrars was agreed to be useful and worth expanding with others.
• GAC-GNSO Consultation Group Implementation Plan. The GAC noted that a new draft had been circulated, and will work on a response.
• GNO Liaison to the GAC. The GAC welcomed the new Liaison, Julf Helsingius. GAC members asked that he have a clear profile through attending at least some GAC sessions, briefing the GAC and being a point of contact.
• GNSO Chair elections. The GAC welcomed the election of Dr Heather Forrest as Chair of the GNSO Council.
• Work by GAC and ALAC on Enabling Inclusive, Informed and Meaningful Participation in ICANN. See Agenda Item 26. 

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The GAC was briefed by MSSI staff on the current and projected situation with regard to the specific and organisational reviews required by the ICANN Bylaws. Issues requiring further attention were noted, including selection of review team members, scope of work, simultaneous reviews and the need for expectations to be understood by all parties.

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GAC members attended the cross-community session Community Feedback on Concluding CCWG-Accountability WS2 and noted progress and the timeline for completion of this work.

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The GAC met with the NCUC for the first time, at their request, and had an exchange of views on:

• The work and general policy approach of the NCUC.
• ICANN jurisdiction, including the recommendations of the CCWG-Accountability Sub-Group on Jurisdiction.
• Geographic names as TLDs.
• Balancing law enforcement and privacy interests in relevant ICANN and GAC work.

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The BGRI-WG and the GAC met. A definition was adopted of what constitutes GAC advice and this will be made available on the GAC website. The Group agreed on a continuing program of work focused on how ICANN Org supports the Board in tracking and implementing GAC advice, and timelines for considering GAC advice.

Brief & Presentation Materials

Session Minutes

The GAC Public Safety Working Group (PSWG) thanked Alice Munyua, who has stepped down from her role as co-chair of the PSWG, for her valuable contribution in the creation and development of the PSWG.

 In relation to WHOIS/RDS, the PSWG highlighted the critical importance of maintaining access for public safety agencies and other users with legitimate purposes, including the general public. The PSWG will contribute to the development of practical solutions that are compliant with applicable laws, for consideration by the GAC.

The PSWG will assess and improve the effectiveness of safeguards against DNS Abuse, including through possible GAC comments on the new sections of the Competition, Consumer Choice and Consumer Trust Review Team draft report, and contributions to the development of the Consumer Safeguards Director role at ICANN.

 The PSWG will continue the development of its future strategy and work plan, as well as general criteria for leadership selection, for possible endorsement by the GAC at ICANN61.

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Elections for the position of GAC Chair were held using an online process for the first time.

The result was: Manal Ismail (Egypt) 59 votes. Olga Cavalli (Argentina) 50 votes.

The new Chair assumed full responsibilities from the end of this meeting.

The GAC elected as Vice Chairs, by acclamation:

Guo Feng (China)

Ghislain de Salins (France)

Milagros Castañon (Peru)

Chérif Diallo (Senegal)

Pär Brumark (Niue)

The GAC expressed its sincere appreciation to Thomas Schneider for his valuable service as GAC Chair since 2014. It also expressed thanks to outgoing Vice Chair Mark Carvell (United Kingdom) who is leaving the GAC.

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The GAC was briefed by ICANN staff on current and potential future services provided to the GAC by ICANN Org and feedback was invited for ongoing work on this inter-sessionally. This includes general support for members and the leadership group, record-keeping, the ICANN budget and meeting planning.

Session Minutes

2e: Protection of IGO Names and Acronyms

GAC members reviewed progress by the PDP on IGO Access to Curative Rights Protection Mechanisms and again expressed concern that the views of IGOs were not properly being taken into account, contrary to established GNSO procedures and ICANN Bylaws. It was agreed that the Board should be advised to consider these procedural concerns. On other IGO protections, which have been the subject of previous GAC interest and advice, it was noted that there do not appear to have been any major developments since the facilitated discussion in Copenhagen.

At the face-to-face meeting with the Board, the Board reiterated its response to the Johannesburg Communique on the Curative Rights PDP, noting that there are still opportunities for the GAC and IGOs to contribute to the final report, and that there are Bylaw-mandated procedures for dealing with any rejection by the Board of either GAC advice or PDP recommendations.

2f: Red Cross / Red Crescent / Red Crystal

The GAC welcomed important progress made by the re-convened PDP Working Group on Protection of IGO-INGO Identifiers in All gTLDs with regard to protections for Red Cross and Red Crescent identifiers following the GAC advice in its Copenhagen Communiqué. However, the GAC noted that protections for acronyms of the International Committee of the Red Cross fall outside the remit of the re-convened PDP and that there do not appear to be immediate opportunities for addressing this in accordance with the GAC’s advice in the Durban Communique (July 2013).

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The GAC discussed the public policy implications for ICANN of the European General Data Protection Regulation (GDPR), including their broader global impact on WHOIS services and how compliance should be implemented so that the intent of the 2007 GAC Principles Regarding gTLD WHOIS Services can be maintained.

Members supported the importance of timely access to accurate WHOIS data for investigations by public safety agencies, noting that the 2007 Principles seek to balance law enforcement and privacy interests and that mechanisms to ensure such a balance are available within the GDPR framework. It was noted that a coordinated process for access within the ICANN framework should be seen as being in the interests of all stakeholders, including ICANN, contracted parties, public safety agencies and data protection authorities.

These issues were raised at the GAC’s face to face meeting with the ICANN Board, which did not respond to the specific public policy concerns raised.

ICANN compliance with GDPR was also the subject of a cross-community session at ICANN 60.

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The GAC met with the Chair and other members of the ccNSO Council.  The main issues raised were:

• The use of geographic names as TLDs and the way forward, including conditions for GAC and ccNSO participation in the proposed Work Track 5 of the PDP on new gTLD Subsequent Procedures.
• An update on the ccNSO PDP on a retirement mechanism for ccTLDs.
• Work by GAC and ALAC on Enabling Inclusive, Informed and Meaningful Participation in ICANN: See Agenda Item 26.

Session Minutes

The GAC met with ALAC leadership and members and agreed to prepare a joint statement on Enabling Inclusive, Informed and Meaningful Participation in ICANN. This builds on previous work by the GAC and other community members at and since the Helsinki meeting. The joint statement was signed by the GAC and ALAC Chairs, and the GAC agreed to advise the ICANN Board to instruct ICANN Org with regard to its implementation. At the face to face meeting with the Board, the Board noted that it had provided a written statement on these issues earlier in the meeting.

There was also an exchange of views on:

• The use of geographic names as TLDs.
• Review of policy on community based applications.

Brief & Presentation Materials

Session Minutes

The GAC met with the ICANN Board and discussed the following issues:

• Next steps with the applications for dot Amazon and related strings: See 2.a above.
• Access to WHOIS data in the public interest and in the context of the GDPR: See 2.b above.
• 2-character country and territory codes at the second level: See 2.c above.
• The PDP on IGO Access to Curative Rights Protection Mechanisms: See 2.e above.
• The Board’s decision to seek a “temporary pause” for the Security, Stability and Resiliency Review. Several GAC members expressed concern at this unilateral action in what should be a community process. The Board noted that it was responding to community concerns and has fiduciary and oversight responsibilities to consider.[1]
• The joint statement by GAC and ALAC on Enabling Inclusive, Informed and Meaningful Participation in ICANN: See 3.d below.

[1] The GAC Chair later joined a joint statement by SO/AC leaders on this matter.

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The GAC was briefed on issues relevant to the current PDP to Review All Rights Protection Mechanisms in All gTLDs, including the Trademark Clearing House, Uniform Domain Name Dispute Resolution Policy and Uniform Rapid Suspension Service.

It was noted that GAC members will generally benefit from engaging with their national intellectual property authorities on these matters, including facilitating their participation in the current PDP.

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The GAC discussed options for reviewing its framework of Operating Principles, including their overall structure and specific areas not currently addressed, including outreach, confidentiality and guidance for Working Group Chairs.

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See corresponding ICANN60 Schedule page for full record

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The GAC Working Group on Under-Served Regions undertook its 4^th regional capacity development workshop for the year during ICANN60.

The WG presented a schedule of its upcoming capacity development workshops as follows:

1. Nepal, February 2018
2. Puerto Rico, March 2018
3. Senegal, April 2018
4. Panama, June 2018

 The USR WG continues to use a pre-workshop survey to determine the needs of participants and develop a demand driven agenda and approach.  Additionally, a post-survey workshop is administered to evaluate the workshops in order to inform and improve future approaches.

 As part of the capacity development and outreach work with the ICANN Government Engagement (GE) and the Global Stakeholder Engagement (GSE) teams, the USR WG will provide support in the form of summary documents containing details of the various work streams, Policy Development Processes (PDPs), Cross Community Working Groups (CCWGs) and activities taking place in ICANN to assist GAC members from under-served regions with effective participation and engagement.

Additionally, the USR WG discussed the following documents for endorsement by the GAC:

1. Capacity Development Evaluation Framework;
2. Templates for Planning and Reporting on the Capacity Development workshops;
3. The FAQ for delegation and re-delegation of ccTLDs

The USR WG appointed a new Co-Chair, Ms. Shelley-Ann Clarke Hinds, from Trinidad and Tobago.

 The USR WG called for volunteers to actively participate in the Policy Development Processes (PDPs) and Cross-Community Working Group (CCWG) work streams currently in progress; that is:

• The new gTLD Subsequent Procedures PDP, specifically Work Track 1 which is dealing with "Support for Applicants from Developing Countries".
• Work by the Competition, Consumer Trust and Consumer Choice Review on developing country issues.
• CCWG on New gTLD Auction Proceeds.
• CCWG Accountability WS2 subgroup on Diversity.

The USR WG provided the GAC with an update on the Onboarding program. This is designed to facilitate orientation for newcomers as part of an overall effort to reduce barriers to participation."

The USR WG will start working with GAC Support Staff to prepare GAC responses to a questionnaire provided by ICANN Org to help inform an upcoming community consultation regarding ICANN Community travel support guidelines.

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The GAC was briefed by its Public Safety Working Group (PSWG) on continuing review of the effectiveness of new gTLD safeguards against DNS abuse, and continuing dialogue with ICANN Org on abuse reporting and mitigation measures. The upcoming public comment process for the CCT Review Draft Report is an opportunity for GAC members to highlight the need for further work on assessing safeguards effectiveness.

It was agreed that the PSWG would update and circulate to the GAC for feedback draft high-level principles for dealing with DNS abuse.

Brief & Presentation Materials

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The GAC was briefed by ICANN GAC support and technical staff on the transition to the new GAC website which should be completed by ICANN 61. Several suggestions for improvement in access, layout and content were taken on board.

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The GAC was briefed by the Spanish Government on arrangements for the next High Level Governmental Meeting to take place in Barcelona during ICANN63 in October 2018. Arrangements for invitations to Ministers and senior officials and possible agenda topics were discussed.

Brief & Presentation Materials