ICANN Resolutions » GAC Advice: Panama Communiqué (June 2018)

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GAC Advice: Panama Communiqué (June 2018)

Resolution of the ICANN Board
Meeting Date: 
Sun, 16 Sep 2018
Resolution Number: 
Resolution Text: 

Whereas, the Governmental Advisory Committee (GAC) met during the ICANN62 meeting in Panama City, Panama and issued advice to the ICANN Board in a communiqué [PDF, 576 KB] on 28 June 2018 ("Panama Communiqué").

Whereas, the Panama Communiqué was the subject of an exchange between the Board and the GAC on 31 July 2018.

Whereas, in a 27 July 2018 letter [PDF, 160 KB], the GNSO Council provided its feedback to the Board concerning advice in the Panama Communiqué relevant to generic top-level domains to inform the Board and the community of gTLD policy activities that may relate to advice provided by the GAC.

Whereas, the Board developed an iteration of the scorecard to respond to the GAC's advice in the Panama Communiqué, taking into account the dialogue between the Board and the GAC, and the information provided by the GNSO Council.

Resolved (2018.09.16.09), the Board adopts the scorecard titled "GAC Advice – Panama Communiqué: Actions and Updates (16 September 2018)" [PDF, 294 KB] in response to items of GAC advice in the Panama Communiqué.

Rationale for Resolution: 

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 Panama Communiqué (28 June 2018), the GAC issued advice to the Board on: General Data Protection Regulation (GDPR) and WHOIS, protection of names and acronyms of Intergovernmental Organizations (IGOs) in gTLDs, and two-character country codes at the second level. The GAC also provided a follow-up to previous advice on the deferred items regarding GDPR and WHOIS from the GAC San Juan Communiqué. 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 to accept all the items related to GDPR and WHOIS, and protections of IGOs and will defer consideration of the two (2) advice items related to two-character country codes at the second level, pending 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 16 September 2018 [PDF, 294 KB].

In adopting its response to the GAC advice in the Panama Communiqué, the Board reviewed various materials, including, but not limited to, the following materials and documents:

Panama Communiqué (15 March 2018): https://www.icann.org/en/system/files/correspondence/gac-to-icann-28jun1... [PDF, 576 KB]
The GNSO Council's review of the advice in the Panama Communiqué as presented in the 27 July 2018 letter to the Board: https://www.icann.org/en/system/files/correspondence/forrest-et-al-to-ch... [PDF, 160 KB]
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. The Board's consideration of GAC advice is in the public interest, in recognition of the GAC's role in advising on matters of public policy, and is also consistent with ICANN's mission.

This is an Organizational Administrative function that does not require public comment.