ICANN Resolutions » Consideration of GAC Advice: Kobe Communiqué (March 2019)
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Whereas, the Governmental Advisory Committee (GAC) met during the ICANN64 meeting in Kobe, Japan and issued advice to the ICANN Board in a communiqué on 14 March 2019 ("Kobe Communiqué").
Whereas, the Kobe Communiqué was the subject of an exchange between the Board and the GAC on 15 April 2019.
Whereas, in a 23 April 2019 letter, the Generic Names Supporting Organization (GNSO) Council provided its feedback to the Board concerning advice in the Kobe Communiqué relevant to WHOIS and Data Protection Legislation and the ICANN Board's Consideration of the CCT Review Recommendations.
Whereas, in a 24 April 2019 letter, the GAC provided additional guidance on its advice regarding the GNSO's Expedited Policy Development Process on the Temporary Specification for gTLD Registration Data.
Whereas, the Board developed a scorecard to respond to the GAC's advice in the Kobe Communiqué, taking into account the dialogue between the Board and the GAC and the information provided by the GNSO Council.
Whereas, the Board has reviewed the previously deferred GAC advice from the San Juan Communiqué, and is taking action on one of the items of advice in the current scorecard titled "GAC Advice – Kobe Communiqué: Actions and Updates (15 May 2019)".
Resolved (2019.05.15.01), the Board adopts the scorecard titled "GAC Advice – Kobe Communiqué: Actions and Updates (15 May 2019)" in response to items of GAC advice in the Kobe Communiqué and the San Juan Communiqué.
Article 12, Section 12.2(a)(ix) of the ICANN Bylaws permits the Governmental Advisory Committee (GAC) to "put issues to the Board directly, either by way of comment or prior advice, or by way of specifically recommending action or new policy development or revision to existing policies." In its Kobe Communiqué (14 March 2019), the GAC issued advice to the Board on WHOIS and Data Protection Legislation and the ICANN Board's Consideration of the CCT Review Recommendations. The GAC also provided a follow-up to previous advice regarding Subsequent Rounds of New gTLDs. The ICANN Bylaws require the Board to take into account the GAC's advice on public policy matters in the formulation and adoption of the policies. If the Board decides to take an action that is not consistent with the GAC advice, it must inform the GAC and state the reasons why it decided not to follow the advice. Any GAC advice approved by a full consensus of the GAC (as defined in the Bylaws) may only be rejected by a vote of no less than 60% of the Board, and the GAC and the Board will then try, in good faith and in a timely and efficient manner, to find a mutually acceptable solution.
The Board is taking action today on all items in the Kobe Communiqué, including the items related to WHOIS and data protection legislation and the ICANN Board's Consideration of the CCT Review Recommendations. The Board is also taking action on one item from the San Juan Communiqué which was previously deferred.
The Board will continue to defer consideration of four other items from the San Juan Communiqué, including: three advice items related to the General Data Protection Regulation (GDPR) and WHOIS and one advice item related to IGO reserved acronyms, pending the results of a feasibility study initiated by ICANN organization and further discussion with the GAC. The Board will consider if further action is needed following these discussions.
The Board's actions are described in the scorecard dated 15 May 2019.
In adopting its response to the GAC advice in the Kobe Communiqué, the Board reviewed various materials, including, but not limited to, the following materials and documents:
San Juan Communiqué (15 March 2018): https://www.icann.org/en/system/files/correspondence/gac-to-icann-15mar1...
Kobe Communiqué (14 March 2019): https://gac.icann.org/content-generic-migrated/public/icann64%20gac%20co...
The GNSO Council's review of the advice in the Kobe Communiqué as presented in the 23 April 2019 letter to the Board: https://www.icann.org/en/system/files/correspondence/drazek-et-al-to-cha... and
The GAC's additional guidance regarding the Expedited Policy Development Process on the Temporary Specification for gTLD Registration Data: https://www.icann.org/en/system/files/correspondence/ismail-to-chalaby-2...
The adoption of the GAC advice as provided in the scorecard will have a positive impact on the community and is consistent with ICANN's mission and in the public interest because it will assist with resolving the advice from the GAC concerning gTLDs and other matters. There are no foreseen fiscal impacts associated with the adoption of this resolution. Approval of the resolution will not impact security, stability or resiliency issues relating to the DNS. This is an Organizational Administrative Function that does not require public comment.