ICANN Resolutions » GAC Advice: ICANN72 Virtual Annual General Meeting Communiqué (October 2021)
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Whereas, the Governmental Advisory Committee (GAC) met during the ICANN72 Virtual Annual General Meeting and issued advice to the ICANN Board in a communiqué on 01 November 2021 ("ICANN72 Virtual Annual General Meeting Communiqué").
Whereas, the ICANN72 Virtual Annual General Meeting Communiqué was the subject of an exchange between the Board and the GAC on 21 December 2021.
Whereas, in a 18 November 2021 letter, the GNSO Council provided its feedback to the Board concerning advice in the ICANN72 Virtual Annual General Meeting Communiqué relevant to the Board Scorecard on SSR2 Review Final Report, Domain Name Registration Directory Service and Data Protection, and EPDP Phase 1 Policy Implementation.
Whereas, the Board developed a scorecard to respond to the GAC's advice in the ICANN72 Virtual Annual General Meeting Communiqué, taking into account the dialogue between the Board and the GAC and the information provided by the GNSO Council.
Resolved (2022.01.16.16), the Board adopts the scorecard titled "GAC Advice – ICANN72 Virtual Annual General Meeting Communiqué: Actions and Updates (16 January 2022)" in response to items of GAC advice in the ICANN72 Virtual Annual General Meeting Communiqué.
Article 12, Section 12.2(a)(ix) of the ICANN Bylaws permits the 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 ICANN72 Virtual Annual General Meeting Communiqué (01 November 2021), the GAC issued advice to the Board on the Board Scorecard on SSR2 Review Final Report. The GAC also provided a follow-up to previous advice regarding Domain Name Registration Directory Service and Data Protection and EPDP Phase 1 Policy Implementation. 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 polices. 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 the GAC Consensus Advice to the ICANN Board in the ICANN72 Virtual Annual General Meeting Communiqué, including the item related to the Board Scorecard on SSR2 Review Final Report. This decision is in the public interest and within ICANN's mission, as it is fully consistent with ICANN's bylaws for considering and acting on advice issued by the GAC.
The Board's actions are described in the scorecard dated 16 January 2022.
In adopting its response to the GAC advice in the ICANN72 Virtual Annual General Meeting Communiqué, the Board reviewed various materials, including, but not limited to, the following materials and documents:
ICANN72 Virtual Annual General Meeting Communiqué (01 November 2021): https://www.icann.org/en/system/files/correspondence/gac-to-icann-01nov2...
The GNSO Council's review of the advice in the ICANN72 Virtual Annual General Meeting Communiqué as presented in the 18 November 2021 letter to the Board: https://www.icann.org/en/system/files/correspondence/fouquart-to-botterm...
The adoption of the GAC advice as provided in the scorecard will have a positive impact on the community 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.