Governmental Advisory Committee: Difference between revisions

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'''GAC''' is the acronym for the '''Governmental Advisory Committee''', which is a formal advisory body providing important feedback and input for [[ICANN]] regarding its public policy.<ref>[http://gac.icann.org/about-gac/ GAC Definition]</ref>
The '''Governmental Advisory Committee (GAC)''' is a formal advisory body providing important advice regarding the public policy implications of [[ICANN]].<ref>[http://gac.icann.org/about-gac/ GAC Definition]</ref> It held its inaugural meeting in March 2, 1999, counting then with 24 member governments and 7 observer organizations<ref>https://www.icann.org/en/system/files/files/timeline-icann-in-history-28sep23-en.pdf</ref>.


==Overview==
==Overview==
[[ICANN]] relies on certain advisory committees to receive guidance and advice related to the interests and needs of stakeholders who are not able to directly participate in the Supporting Organizations; one of these advisory committees is the Governmental Advisory Committee, which is composed of representatives of national governments from all over the world.  
[[ICANN]] relies on certain [[Advisory Committee|advisory committees]] to receive guidance and advice related to the interests and needs of stakeholders who are not able to directly participate in the [[Supporting Organizations]]. One of these advisory committees is the Governmental Advisory Committee, which is composed of representatives of national governments from all over the world.


The GAC provides its advice and guidance upon request. One of its most important responsibilities is its duty to analyze ICANN's activities and policies as they might influence governments, especially with regards to the interaction between [[ICANN]]'s policies and national laws or international agreements.<ref>[http://itlaw.wikia.com/wiki/ICANN_Governmental_Advisory_Committee GAC considerations]</ref>
The GAC is an advisory committee to ICANN, created under the ICANN ByLaws. It provides advice to ICANN on public policy aspects of ICANN’s responsibilities with regard to the Internet [[Domain Name System]] (DNS). One of its most important responsibilities is analyzing ICANN's activities and policies as they might influence governments, especially with regard to the interaction between [[ICANN]]'s policies and national laws or international agreements.<ref>[http://itlaw.wikia.com/wiki/ICANN_Governmental_Advisory_Committee GAC considerations], Wikia.com.</ref>


The GAC has the duty to incorporate the diverse opinions and perspective of its members when supplying advice to [[ICANN]], and it's imperative that its members stay informed about new Internet trends and pending policy issues.
The GAC is not a decision-making body. It advises ICANN on issues that are within ICANN’s scope. GAC advice has a particular status under the ICANN ByLaws. Its advice must be duly taken into account by the [[ICANN Board]], and where the Board proposes actions inconsistent with GAC advice it must give reasons for doing so and attempt to reach a mutually acceptable solution. The GAC appoints a non-voting liaison to the ICANN Board. This is normally the GAC Chair.
 
However, the GAC is a [[ICANN Empowered Community]] Decisional Participant. This means the GAC has formal obligations under the Bylaws to receive and initiate petitions, participate in community discussions, and support, reject or abstain from a collective exercise of one of the EC powers. The community communicates its decisions through the EC
Administration, which is comprised of chairs or representatives of Decisional Participants from each SO/AC.<ref>[https://75.schedule.icann.org/meetings/HuBAngrxBhqYBshym GAC Capacity Building and Outreach Workshop 1: What is the GAC and How Does It Work?, ICANN 75]</ref>
 
The GAC has the duty to incorporate the diverse opinions and perspectives of its members when supplying advice to [[ICANN]], and it's imperative that its members stay informed about new Internet trends and pending policy issues.  


The GAC is constantly looking for new members, especially from developing countries in order to increase global awareness, increase participation, and make sure that ICANN reflects global diversity.
===GAC Structure===
===GAC Structure===
The GAC has more than 100 members; and three of its important organizational features are:
As of 2022, the GAC has 180 government members and 38 observers, which participate equally in all discussions.<ref>[https://75.schedule.icann.org/meetings/HuBAngrxBhqYBshym GAC Capacity Building and Outreach Workshop 1: What is the GAC and How Does It Work?, ICANN 75]</ref> Three of its important organizational features are:<ref>[https://gacweb.icann.org/display/gacweb/About+The+GAC About GAC]. Retrieved 27 Nov 2017.</ref>
* GAC structure consists of elected officers, a Chairman and 3 Vice-chair which include:
* A structure consisting of elected officers, which currently includes:
** [[Heather Dryden]], Canada (Chairman)
** GAC Chair: [[Nicolas Caballero]] (Paraguay);
** [[Alice Munyua]], Kenya (Vice-chair)
** GAC Vice Chairs: [[Christine Arida]] (Egypt) and [[Thiago Dal-Toe]] (Colombia); and
** [[Maria Häll]], Sweden (Vice-chair)
** [[Zeina Bou Harb]] (Lebanon), [[Nigel Hickson]] (United Kingdom), and [[Wang Lang]] (China).<ref>[https://meetings.icann.org/sites/default/files/icann76-policy-outcome-report-10apr23-en.pdf ICANN76 Policy Outcomes Report, pg23</ref>
** [[Choon-Sai Lim]], Singapore (Vice-chair)
* Its organization has at least three meetings on a yearly basis which are held in conjunction with ICANN's meetings.
* GAC has its own GAC Secretariat
 
* GAC organizes at least three meetings on a yearly basis which are held in conjunction with ICANN's meetings.
==GAC Policy Advice Development Process==
===Working Groups===
The GAC creates different Working Groups to study and address each issue; for instance, there was a different working group for [[IDN]]s than the one for [[ccTLD]]s.<ref>[http://www.aptld.org/dubaiJune2007/04%20JK%20-%20APTLD%20meeting%20June%202007.pdf GAC working groups], apTLD.org. Published June 2007.</ref>
#Any GAC member or observer may raise an issue for discussion or the ICANN Board can seek advice from the GAC.
#In response, the GAC chair solicits input from GAC members, observers, and [[Working Group]]s.
#The GAC chair summarizes comments gathered during the [[Public Comment]] period to reach a consensus.
#GAC members, observers, and working groups draft advice, which the GAC then reviews.
#If consensus is reached, then the GAC chair issues a communiqué, correspondence, or itemized list of advice to the [[ICANN Board]].<ref>[https://gac.icann.org/advice/itemized/ GAC Advice]</ref>
Working Groups can be created by the GAC Chair (GAC Operating Principle 27) and they:
* focus on particular topics or areas related to substantive or administrative issues;
* have their own agreed Terms of Reference;
* are comprised of volunteer GAC members and observers;
* may have a dedicated mailing list, in-person meetings, and conference calls;
* rely on briefs for meetings and provide reports for GAC plenaries;
* can be ongoing or have a limited lifespan; and
* provide expertise, recommendations, or draft documentation to be considered by GAC Leadership or the full GAC.<ref>[https://75.schedule.icann.org/meetings/HuBAngrxBhqYBshym GAC Capacity Building and Outreach Workshop 1: What is the GAC and How Does It Work?, ICANN 75]</ref>
{| class="wikitable"
|- style="font-weight:bold;"
! Group Name
! Outputs
! Status
! Start Date
|-
| [[ICANN Board]]-GAC Interaction Group (BGIG)
|
| Active
| style="text-align:right;" | 27 Mar 2014
|-
| GAC Operating Principles Evolution Working Group (GOPEWG)
| [https://gac.icann.org/work-plans/GOPE-WG-Work-Plan-2022-2023.pdf 22/23 Work Plans] <br/> [https://gac.icann.org/principles-and-guidelines/gac-working-group-guidelines.pdf WG Principles & Guidelines]
| Active
| style="text-align:right;" | 24 Oct 2018
|-
| Human Rights and International Law (HRILWG)
| [https://gac.icann.org/activity/gac-involvement-in-work-stream-2-recommendations-implementation Work Stream 2 Recommendations Implementation]
| Active
| style="text-align:right;" | 8 Feb 2015
|-
| [[Universal Acceptance]] and [[IDN|Internationalized Domain Names]] Working Group (UA-IDN WG)
|
| Active
| style="text-align:right;" | 3 Nov 2019
|-
| GAC Working Group on Under-Served Regions (USRWG)
| [https://gac.icann.org/activity/gac-capacity-development-workshop-2017-2018 GAC Capacity Development Workshop] <br/>[https://gac.icann.org/activity/gac-faq-on-delegation-and-redelegations GAC FAQ on Delegation and Redelegations]
| Active
|
|-
| Public Safety Working Group (PSWG)
| [https://gac.icann.org/working-group/gac-public-safety-working-group-pswg#wg-sow Developing [[DNS Abuse]] and [[Cybercrime]] mitigation capabilities of the ICANN and Law Enforcement communities]<br />Preserving and improve domain [[Whois|registration directory services]] effectiveness<br />Building effective and resilient PSWG operations<br />Developing participation and in PSWG work and ensure stakeholder input
| Active
|
|-
| [[Sub Pro|Subsequent Rounds of New gTLDs]]
| [https://docs.google.com/document/d/1SgXD9zBt9-Pi5YJbICDmj_FZZzVgrROupBdI0Pw1Ay4/edit GAC Scorecard on New gTLD Subsequent Rounds - FINAL REPORT 2020]
| Closed
|
|-
| [[GeoTLD|Geographic Names in Expansion of gTLDs]]
|
| Closed
| style="text-align:right;" | 9 Aug 2013
|-
| GAC's Participation in [[NomCom]]
|
| Closed
|
|}
 
==GAC Achievements, Comments, and Advice==
GAC Accomplishments:
* The 2007 new principles for generic top-level domains (gTLDs)
* New gTLDs scorecard, which was important to the new gTLDs program and widely hailed as a major success and model for the future
* ICANN’s acceptance of safeguards for new gTLDs to reflect law enforcement and consumer protection concerns.
* WHOIS principles, including bringing law enforcement to the ICANN table to address cybercrime
* Maintaining security and stability of the DNS 
* Delegation and administration of country code domains (ccTLDs)
* Structural and process outcomes, including
* Greater accountability and transparency of all areas of ICANN (including the GAC itself)
* Liaison with the ICANN Board, through the GAC Chair’s membership and a formal register of GAC advice and actions taken
* Cross-community activities between GAC and ICANN policy-making bodies such as those dealing with generic and country-specific top-level domain names.
* Operation of a travel support program to assist developing countries to participate in GAC meetings.
 
The GAC has been influential with regards to [[IDN]]s as well as best practices for [[IPv4]] and [[IPv6]], and is an integral part of all ICANN decisions.
 
===New gTLDs===
At [[ICANN 42]] in Dakar, Senegal, GAC raised concern that if the number of [[new gTLD]] applications published by ICANN exceeded 500, GAC members may have too little time and resources to offer advice on all applications. ICANN had stated previously that it intended to process applications in batches of 500, and in Senegal, GAC urged for clarification on these procedures, citing that different batch processes may have an impact on competition. Furthermore, GAC stressed the importance of promoting gTLD application rounds in all countries, especially developing countries.<ref>[https://gacweb.icann.org/download/attachments/4816912/Communique+Dakar+-+27+October+2011.pdf?version=1&modificationDate=1319796551396 GAC Communiqué – Dakar], ICANN.org. Published 27 October 2011. Retrieved 23 November 2013.</ref>


===Related Bodies===
On January 11, 2012, the ninth version of the [[Applicant Guidebook]] was released one day prior to the opening window of ICANN's [[New gTLD Program|new gTLD program]]. The new version gave greater power to the GAC in forcing the [[ICANN Board]] to manually review any application that the committee found problematic. Exactly how many GAC members it would take to cause this review is vague, but it could be as little as one nation's objection. This is a significant change given that the [[ICANN Board]] had no requirement to heed any GAC objection in the previous guidebook; the board is still able to overrule any GAC objection.<ref>[http://domainincite.com/gac-gets-more-power-to-block-controversial-gtlds/ GAC Gets More Power to Block Controversial gTLDs], DomainIncite.com.</ref>
Other such advisory committees which are important for ICANN are:
 
* [[ALAC]] (At-Large Advisory Committee)
In January 2013, there was further clarification regarding the applicants' abilities to respond to GAC advice by submitting change requests to their applications. While official GAC Advice had yet to arrive, the GAC Early Warnings had, and ICANN Chairman, [[Steve Crocker]], signaled that changes to applications to implement GAC recommendations "would in all likelihood be permitted", under the not explicitly defined reasons for acceptable changes contained in the applicant guidebook. While a firm policy was not immediately offered, it was a recognition of an issue that arose following [[ICANN 45]] in Toronto, that is, if and how the applicants could change their applications to satisfy the GAC and if those changes would be binding. The latter issue, turning an applicant's proposed procedures into binding contractual agreements, is another concern for the GAC, which Mr. Crocker noted the board would discuss.<ref>[http://domainincite.com/11646-gac-early-warnings-just-got-a-whole-lot-more-important/comment-page-1#comment-23421 GAC Early Warnings Just got A Whole Lot More Important, DomainIncite.com]Published & Retrieve 18 Jan 2013</ref>
* [[Root Server System Advisory Committee]]
 
* [[SSAC]] (Security and Stability Advisory Committee)
===Early Warnings===
* [[TLG]] (Technical Liaison Group)
On November 21st, 2012, the GAC publicly issued a number of Early Warnings, wherein national government representatives signaled their potential concerns related to 200 new [[TLD]] applications that they considered controversial. This is the precursor to GAC advice, which requires consensus within the GAC, but may serve as a reliable indicator that applications with many Early Warnings will fail to see approval from ICANN.<ref name="earlywarnings">[http://www.circleid.com/posts/20121121_first_insights_from_gac_early_warnings_on_new_top_level_domains/ First Insights from the GAC Early Warnings on New Top-Level Domains], CircleID.com. Published 21 November 2012. Retrieved 23 November 2012.</ref>
 
More than 240 individual GAC warnings were issued in this first instance, with 129 coming from the Australian government, 20 from Germany, and 19 from France, despite the fact that the majority of TLD applicants -- over 80% -- come from North America and Europe. The high number of Australian warnings was due to the fact that its representative, who is also the GAC Chair, [[Heather Dryden]], issued a warning to any company that was seeking a generic word, like "cars" for example, but intending to keep registration closed to their own businesses. 100 of the Early Warnings were related to closed generic string TLD applications. Ms. Dryden also warned a number of applications from applicants such as [[Donuts]] when the string in question was related to a regulated market but not enough verification and protection mechanisms were detailed in the application. Other Early Warnings were related to market sectors, most importantly in the financial, health, and charity sectors. Specific companies were also recipients of Early Warnings, including:<ref name="earlywarnings"></ref>


==GAC Achievements==
* Amazon, an applicant for 76 new TLDs, received 27 GAC Early Warnings
Over the years, GAC is proud of accomplishing the following:
* Google, an applicant for 98 new TLDs, received 5 GAC Early Warnings
* Setting up the principles for [[ccTLD]] management and delegation;
* DotConnectAfrica, an applicant for [[.africa]], received 17 Early Warnings whereas [[UniForum SA]] received none for their .africa application
* Setting up the principles for public policy for delegation, introduction, and [[gTLD]] operation;
* Setting up the principles for public policy of [[gTLD]] [[Whois]] services;<ref>[http://www.aptld.org/dubaiJune2007/04%20JK%20-%20APTLD%20meeting%20June%202007.pdf GAV accomplishments]</ref>


The GAC has been influential with regards to  [[IDN]]s, as well as [[IPv4]] and [[IPv6]] best practices.
The body will offer its 'GAC advice' on the applications in April 2013. The warnings are not definitive, do not represent GAC consensus, and do not mean that any TLD that wasn't warned will not receive GAC Advice.<ref name="earlywarnings"></ref>


===GAC Working Style===
==PICs & GAC Advice==
The GAC creates different Working Groups to study and address each issue; for instance there was a different working group for [[IDN]]s  than that used for [[ccTLD]]s.<ref>[http://www.aptld.org/dubaiJune2007/04%20JK%20-%20APTLD%20meeting%20June%202007.pdf GAC working groups]</ref>
[[PIC|Public Interest Commitments]] (PICs) as related to [[New gTLD Program|new gTLD applicants]] and the [[Registry Agreement]] they are to sign, is a term and creation directly from [[ICANN]], first suggested on February 5th, 2013, in ICANN's revised new registry agreement that it opened for public comments.


==New gTLDs==
PICs are voluntary amendments that applicants can create, sign, and undertake along with the general registry agreement in order to hold their registry operations to certain standards. They seem to originally have been developed as a way to allow applicants to appease GAC members that may be concerned about how their application stands as is, or how ICANN will be able to ensure a potential registry remains compliant with its aspirations and mandate as it defined in its summary of its proposed operations in the TLD application. As is, prior to PICs, there was no clear way of defining operating procedures when moving from the long-form essays in the TLD application to the Registry Agreement.  
On January 11, 2012, the ninth version of the [[Applicant Guidebook]] was released one day prior to the opening window of ICANN's [[New gTLD Program|new gTLD program]]. The new version gave greater power to the GAC in forcing the [[ICANN Board]] to manually review any application that the committee found problematic. Exactly how many GAC members it would take to cause this review is vague, but it could be as little as one nation's objection. This is a significant change given that the ICANN Board had no requirement to heed any GAC objection in the previous guidebook; the board is still able to over-rule any GAC objection.<ref>[http://domainincite.com/gac-gets-more-power-to-block-controversial-gtlds/ GAC Gets More Power to Block Controversial gTLDs, DomainIncite.com]</ref>


==GAC Advice on .xxx TLD==
For example, if an applicant expresses a desire to restrict registration to a certain group of professionals, such as doctors, lawyers, etc., the applicant can create a PIC to underline this and hold their future registry to that standard. If the applicant did not originally intend to create such restrictions as defined in its TLD application, but it has received communication from the GAC that the supporting organization intends to oppose its application to the [[ICANN Board]] without such language, then the PIC can be added as an appeal to those governments.  
On March 17, 2011, GAC through its' Chairman Heather Dryden reiterated to ICANN Chairman [[Peter Dengate Thrush]] that the Committee has no active support for the implementation of [[.xxx]] TLD. GAC also informed ICANN that some governments might prevent access to the TLD, which could harm the global interoperability and stability of the internet. Furthermore, the Committee also pointed out the possibility for ICANN to assume management and oversight role regarding internet content on the proposed ICANN-[[ICM Registry]] Agreement.<ref>[http://news.dot-nxt.com/2011/03/17/gac-statement-dot-xxx GAC Statement on .xxx]</ref> Despite GAC's position, the [[ICANN Board]] approved .xxx TLD to the during the [[ICANN 41]] Meeting in San Francisco on March 18.<ref>[http://news.dot-nxt.com/2011/04/03/summary-icann-san-francisco#xxx Conference summary: ICANN San Francisco]</ref>


==ATRT and GAC==
It is a controversial topic that many applicants think was created quickly, with no outside input, and is presented in such a way that they feel compelled to make a decision without fully understanding the proposal. It seems to apply to a small subset of applicants, as only 145 of 1,409 strings were flagged by GAC Early Warnings, the primary target for PICs.<ref name= "PIC DI">[http://domainincite.com/11795-icanns-new-gtld-public-interest-commitments-idea-genius-or-pure-crazy ICANN's New gTLD Public Interest Commitments, DomainIncite.com] Retrieved 4 Mar 2013</ref> The dispute resolution procedure, the Public Interest Commitment Dispute Resolution Process or PICDRP, has yet to be defined. Applicants were given one month, until March 5th, to submit their PICs. It seemed to conflict with other deadlines, such as the end of objection filing just a week later, so, "potential objectors would have to decide whether to file their objections based on PICs that have been published for just one week and that could be amended post-deadline."<ref name= "PIC DI"></ref><ref>[http://www.icann.org/en/news/public-comment/base-agreement-05feb13-en.htm Public Comment, Base Agreement, 5 Feb 13, ICANN.org] Retrieved 4 Mar 2013</ref>
The Accountability and Transparency Review Team ([[ATRT]]) was one of the four Review Teams created by ICANN to comply with the requirements set forth  by the Department of Commerce ([[DOC]]) in the '''Affirmation of Commitments.''' The primary objective of ATRT is to provide evaluation mechanisms and report ICANN's progress on ensuring accountability, transparency and the interests of global Internet users.<ref>[http://www.icann.org/en/about/aoc-review Affirmation of Commitments – Reviews]</ref> ATRT is composed of volunteer members; 1 from both [[ASO]] and [[ALAC]], 2 from [[ccNSO], 4 from GNSO, 4 from governments including 2 ex-officio members, the chair of the ICANN Board and 1 or 2 independent experts. GAC's representatives to the [[ATRT]] include [[Manal Ismail]], an ex-officio member who is the designated nominee of former GAC chairman [[Janis Karklins]] and vice-chair of RT, [[Fabio Colossanti]] from EU and [[Xinsheng Zhang]] from China.<ref>[http://www.icann.org/en/about/aoc-review/atrt/composition Accountability and Transparency Review Team Composition]</ref>


On December 31, 2010, ATRT submitted its Final Report to the ICANN Board with 27 recommendations. The final report identified four areas to improve ICANN's accountability and transparency which include:<ref>[http://news.dot-nxt.com/2010/12/31/atrt-final-report#concern Final Recommendations of the Accountability and Transparency Review Team]</ref>
ICANN CEO Fadi Chehadé noted around the imminent closing of the PIC submission date that this issue has the potential for pushing back the receipt of GAC advice and therefore the entire TLD implementation schedule, which is tightly fixed and aiming to recommend the first TLDs for delegation by April 23rd. ICANN will not recommend TLDs for implementation without the GAC's final advice, and the GAC seems to be placing a great import on the submission of PICs, of which the applicants remain wary.<ref>[http://domainincite.com/12138-pics-could-be-beijing-deal-breaker-for-new-gtlds Application Download, PICS could be Beijing Deal Breaker for New gTLDs DomainIncite.com]Published March 4th, Retrieved March 5th, 2013</ref>
* Board governance, performance, and composition
* GAC's role, effectiveness and Interaction with the Board
* Public input and policy development processes
* Review mechanisms for Board decisions


Under GAC's role , effectiveness and interaction with the Board, ATRT recommended the following:<ref>[http://news.dot-nxt.com/2010/12/31/atrt-final-report#concern Final Recommendations of the Accountability and Transparency Review Team]</ref>
===Related Bodies===
* The GAC-Board Joint Working Group needs to clarify what constitutes GAC public policy "advice" under the Bylaws by March 2011.
Other such advisory committees that are important for ICANN are:
* After establishing the formal context of GAC public policy "advice," the ICANN Board should develop a more formal documented process to notify and request for GAC advice regarding public policy issues by March 2011. ATRT recommended for ICANN to be proactive in requesting GAC advice in writing. In addition the team also recommended the development of a data base to be able to document every request and advice received by ICANN from GAC.
* [[ALAC]] (At-Large Advisory Committee)
* The Board and GAC should work together to ensure that GAC advice is provided and considered on time. ATRT also suggested the creation of an independent review joint working group and a formal documentation process on how ICANN responds to GAC advice by March 2011. The process must require ICANN to provide specific information on a timely manner regarding its position whether it agrees or disagrees with GAC advice and for both parties to find mutually acceptable solutions in good faith. The Board and GAC must also establish strategies to ensure that the provisions in Bylaws regarding GAC advice is met.
* [[Root Server System Advisory Committee]]
* The Board should develop and implement mechanisms to engage GAC earlier in the policy development process.
* [[SSAC]] (Security and Stability Advisory Committee)
* The Board and GAC should work together to create and implement actions to ensure that GAC is well informed regarding ICANN's policy agenda. Both parties should also consider creating/evaluating the role and necessary skills of the ICANN Support Staff to ensure that effective communication will be provided.
* [[TLG]] (Technical Liaison Group)
* The Board is encouraged to increase the level of support and commitment of governments to the GAC process by encouraging member countries and organizations particularly developing countries to participate in GAC deliberations, provide multilingual access to ICANN records and to develop a process to identify how and when    ICANN deals with senior government officials on public policy issues on a regular or collective basis to complement the GAC process.


==References==
==References==
{{Reflist}}
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[[Category: Glossary]]
[[Category:Committees]]
[[Category: ICANN Bodies]]
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