[bc-gnso] GAC Communique
At the request of some members in transit, I am posting both the actual
language of the communique, and providing it as an attachment. It is on the GAC
page, of course, but I respect that this is going to be easier for some members
who are in transit, returning home from Singapore.
BC members will note that the Communique has several areas of interest to BC
concerns.
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Governmental Advisory Committee
Singapore, 23 June 2011
GAC Communiqué – Singapore
The Governmental Advisory Committee (GAC) of the Internet Corporation for
Assigned Names and Numbers (ICANN) met in Singapore, during June 18 - 23, 2011.
Forty nine Governments participated in the meeting: 47 present and 2 by remote
participation. The GAC expresses warm thanks to the Infocomm Development
Authority of Singapore for hosting the meeting and ICANN for supporting the GAC
meeting.
II. New gTLDs
The GAC notes the Board’s 20 June decision to launch the new gTLD programme.
The GAC appreciates the potentially beneficial opportunities provided by new
gTLDs. However, the GAC is concerned that several elements of its advice on
important public policy issues, including issues set out in the GAC's letter to
the Board on 18th June (annexed), were not followed by the Board prior to the
approval of the gTLD programme. The GAC acknowledges, however, that other
advice was followed, and that the Board has provided a draft rationale for its
decision to reject GAC advice.
The GAC has the expectation that the implementation of the new gTLD programme
will respect applicable law in order to avoid detrimental consequences to
parties involved, in particular to applicants.
The GAC expresses its willingness to continue to work constructively with the
whole ICANN community on the new gTLD programme. The GAC also notes the
commitment of the Board to reply in writing to the European Commission and the
US government on the recent letters they have sent to ICANN related to
competition issues.
III. GAC-Board Joint Working Group
The GAC-Board Joint Working Group (JWG) on the Role of the GAC within ICANN
reviewed amendments to its draft report that address the recommendations from
the Accountability and Transparency Review Team pertaining to the GAC (ATRT
Recommendations #9-14). The JWG agreed to finalize the report for public
comment, after which the GAC expects to collaborate with the Board to implement
the recommendations included in the JWG report.
I. Introduction
The GAC also re-states its strong support for the timely implementation by the
Board of all of the ATRT Recommendations. The GAC will monitor the development
of the implementation closely.
IV. Advancing Law Enforcement Objectives to Mitigate DNS Abuse
The GAC, together with representatives of law enforcement agencies (LEAs) from
several GAC members, engaged with the Generic Names Supporting Organization
(GNSO) Registrar Stakeholder Group on the status of LEA efforts to advance a
“code of conduct” or “agreed best practices”, and reinforced the critical
importance of demonstrating concrete and effective support for LEA objectives
to include a timetable of implementable actions. The GAC welcomes the
registrars’ offer to identify any substantive implementation issues with any
unresolved LEA recommendations, for further dialogue with the GAC.
The GAC recalls its endorsement of LEA recommendations for due diligence and
amendments to the Registrar Accreditation Agreement in June 2010, and urges the
Board to support actions necessary to implement those recommendations as a
matter of urgency.
V. Meeting with the At-Large Advisory Committee
The GAC met with the At-Large Advisory Committee (ALAC) on 19 June to further
advance cooperation, and particularly to discuss how the two Committees could
support the work of the Joint Applicant Support (JAS) Working Group. The GAC is
encouraged by the reference to the ongoing work of JAS-WG in the resolution of
the ICANN Board in the launch of this new round of gTLD expansion.
The GAC advises ICANN to provide the necessary resources required to evolve the
JAS work towards implementation, including provision for legal, logistical, and
authoring timely support of a universally accessible “Needs-Assessed Applicant
Guidebook”.
VI. Meeting with Security and Stability Advisory Committee
The GAC held an informative and valuable meeting with the Security and
Stability Advisory Committee (SSAC) that focused on the SSAC’s recently
released report on the effects of blocking of top-level domains on the security
and stability of the DNS system.
The GAC was particularly interested in the possibility of determining and
developing means to identify and measure the specific harm of blocking of top
level domains and possible incremental increase in harm when multiple top level
domains are blocked on a wide scale. The GAC expressed its interest for more
research and analysis into these issues. It also suggested having the SSAC
report published in languages other than English in order to raise awareness
across the wider Internet community. The GAC expressed its interest in further
dialogue with the SSAC.
VII. GAC-Country Code Names Supporting Organization joint session
The GAC exchanged views with the Country Code Names Supporting Organization
(ccNSO) on the following issues: the value of identifying shared priorities;
the ccNSO’s perspectives on the ICANN operating plan and budget; the Framework
of Interpretation Working Group (FoI WG) dealing with delegation and
redelegation; an update on the Names of Countries and Territories Study Group;
an update from the ccNSO on ICANN security and stability; and the impact of new
territory or geographic TLDs on ccTLDs. The GAC indicated its strong interest
in participating in the FoI WG,
which will hold its first face to face meeting on June 23 and looks forward to
receiving a more detailed project timeline from the ccNSO regarding specific
issues for the GAC’s attention.
VIII. Meeting with the WHOIS Review Team
The WHOIS Review Team provided the GAC with a summary of the review's progress.
The GAC identified and discussed:
concerns about privacy and proxy services; the potential benefits of WHOIS data
validation; and the need for effective compliance activities, noting that
legitimate users of WHOIS data are negatively affected by non-compliance.
The GAC strongly supports the WHOIS Review Team's efforts, and looks forward to
continued constructive engagement as the review progresses.
IX. Meeting with Security, Stability and Resiliency Review Team
The GAC met with the Security Stability and Resiliency (SSR) Review Team. In
acknowledging the Team’s mandate and scope of work, the GAC noted that the SSR
Review is an opportunity to describe shortfalls in current plans, compliance
and preparedness to address potential and actual threats. The GAC supports the
Review Team proposal to review areas within the scope of ICANN's technical
mission, while aiming to strike a balance to ensure that ICANN's SSR related
activities are taken seriously and also recommending whether the criteria would
need to be modified as the Internet evolves.
The GAC looks forward to continued engagement with the SSR-RT.
X. Meeting with the Number Resource Organization
The GAC met with the Number Resource Organization (NRO), who provided useful
insights into the position of the numbering space following the final
allocation of the /8 IPv4 address blocks.
The GAC discussed with the NRO about the IPv4 exhaustion, legacy space,
competition concerns, IPv6 allocation and actions to facilitate the transition
to IPv6.
The GAC noted the need to develop national initiatives to promote the
technological update of the systems to ensure the communications
infrastructure, public services and applications of the governments are
compatible with IPv6, and to ensure that content is accessible from both IPv4
and IPv6 networks.
***
The GAC warmly thanks all those among the ICANN community who have contributed
to the dialogue with the GAC in Singapore.
The GAC will meet during the period of the 42nd ICANN meeting in Dakar, Senegal.
Singapore Communiqué Annex
Governmental Advisory Committee
Mr. Peter Dengate Thrush Chairman of the Board of Directors ICANN RE: GAC
communication on new gTLDs and Applicant Guidebook
Dear Mr. Dengate Thrush,
The GAC recognises that the most recent version of the Draft Applicant
guidebook includes several changes which address some of the GAC's outstanding
concerns but notes that there remain several substantive issues which require
resolution before the launch of the new gTLD application process. These include:
- competition concerns, in particular those resulting from changes to
registry-registrar cross- ownership rules;
- the demonstration of use requirement for trademark holders wishing to avail
themselves of the propose trademark protection mechanisms; and
- removal of references in the gTLD Guidebook that attempt to specify that
future GAC early warnings and advice must contain particular information or
take a specified form, as these references are inconsistent with the GAC
operating principles and the ICANN Bylaws.
The GAC would advise the Board that these issues involve important public
policy objectives and, until resolved, also risk gTLD applications being made
that conflict with applicable law. The GAC is of the view that the potential
for this conflict with applicable law would operate to the detriment of gTLD
applicants. Accordingly, the gTLD Guidebook should be amended to reflect these
outstanding concerns.
The GAC draws the Board's attention to previous advice :
on appropriate and timely support that should be provided to developing
countries in implementing the new gTLD process;
Singapore, 18 June 2011.
on appropriate protections that should be offered to the Olympic, Olympiad
and Red Crescent/Red Cross names
contained in the 26 May letter conveying the GAC's comments on the
April 15 version of the Applicant Guidebook.
The GAC awaits the ICANN Board's response to this advice, and an explanation of
how the advice will be considered before any decision on new gTLD Applicant
Guidebook.
The GAC advises the Board that where the gTLD Guidebook attempts to specify
that future GAC advice must contain particular information or take a specified
form, these references should be deleted as they are inconsistent with GAC
operating principles and the Bylaws.
To this end, and notwithstanding the GAC's wish to avoid any further delay in
the new gTLD process, the GAC would advise the Board to ensure that all
remaining public policy concerns are properly addressed and adequately
respected before the new gTLD application procedure is finalised.
The GAC regards the ICANN Board's willingness and ability to respond to the
GAC's views and to provide a rationale for its decisions is an important
demonstration of the effectiveness of the ICANN multistakeholder model.
Sincerely,
Heather Dryden Chair, Governmental Advisory Committee Senior Advisor to the
Government of Canada
Attachment:
Singapore Communique - 23 June 2011_1.pdf |