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The '''First GNSO Organizational Review''' (GNSO1) was initiated in 2008, with implementation of improvements continuing throughout 2012.<ref name="dashboard">[https://www.icann.org/resources/pages/gnso1-progress-milestones-2019-08-06-en ICANN.org - GNSO1 Review Dashboard], last material update on June 23, 2012</ref>
The '''First GNSO Organizational Review''' (GNSO1) was initiated in 2007, with implementation of improvements continuing throughout 2012.<ref name="dashboard">[https://www.icann.org/resources/pages/gnso1-progress-milestones-2019-08-06-en ICANN.org - GNSO1 Review Dashboard], last material update on June 23, 2012</ref> It resulted in major changes in the structure and organization of the GNSO, including the division of the constituent groups in to contracted and non-contracted houses.
==Background==
==Background==
* Establish term limits for GNSO Councilors. Create stronger protections against the non-disclosure of interests.<ref name="lserep1" />
* Establish term limits for GNSO Councilors. Create stronger protections against the non-disclosure of interests.<ref name="lserep1" />
The LSE Report was published for public comment in autumn 2006, and received a total of six comments.<ref name="gnsopc">[https://forum.icann.org/lists/gnso-improvements/ ICANN.org Listserv Archive - GNSO Improvements]</ref> The comments were largely complementary of the LSE's efforts but varied widely in their support or non-support of particular recommendations.<ref name="lsepc" />
The LSE Report was published for public comment in autumn 2006, and received a total of six comments.<ref name="gnsopc">[https://forum.icann.org/lists/gnso-improvements/ ICANN.org Listserv Archive - GNSO Improvements]</ref> The comments were largely complementary of the LSE's efforts but varied widely in their support or non-support of particular recommendations.<ref name="gnsopc" />
==Working Group Drafts and Public Comment==
==Working Group Drafts and Public Comment==
The public comment period on the final report received thirty-one comments. The summary report of public comments characterized ten of those comments as not germane to the specific topics contained in the final report, and noted that four of them merely requested an extension of time for the public comment period.<ref>[https://forum.icann.org/lists/gnso-improvements-report-2008/msg00033.html ICANN Listserv Archive - Public Comment Proceeding Summary email from Robert Hoggarth], May 6, 2008</ref> There were extensive comments on the recommendations. A collective of user constituencies (ALAC, the Commercial and Business Users Constituency, the Intellectual Property Constituency, the Internet Service and Connection Providers Constituency, and the Non-Commercial Users Constituency) presented a joint proposal for restructuring the council.<ref>[https://forum.icann.org/lists/gnso-improvements-report-2008/msg00012.html ICANN.org Listserv Archive - email from Philip Sheppard re: joint users proposal], April 23, 2008</ref> From the summary report:
The public comment period on the final report received thirty-one comments. The summary report of public comments characterized ten of those comments as not germane to the specific topics contained in the final report, and noted that four of them merely requested an extension of time for the public comment period.<ref>[https://forum.icann.org/lists/gnso-improvements-report-2008/msg00033.html ICANN Listserv Archive - Public Comment Proceeding Summary email from Robert Hoggarth], May 6, 2008</ref> There were extensive comments on the recommendations. A collective of user constituencies (ALAC, the Commercial and Business Users Constituency, the Intellectual Property Constituency, the Internet Service and Connection Providers Constituency, and the Non-Commercial Users Constituency) presented a joint proposal for restructuring the council.<ref>[https://forum.icann.org/lists/gnso-improvements-report-2008/msg00012.html ICANN.org Listserv Archive - email from Philip Sheppard re: joint users proposal], April 23, 2008</ref> From the summary report:
<blockquote>The finalized UC [joint proposal] contribution expresses support for the effort to create a better representational balance on the GNSO Council, but the UC says the BGC WG’s recommendations have three defects that 'contradict the goals of improving policy development and maximizing stakeholder participation.' The UC says the defects include (1) over-representation of contract parties; (2) insufficient stakeholder participation; and (3) external credibility issues.<ref name="finalpc"></blockquote>[https://forum.icann.org/lists/gnso-improvements-report-2008/docSBOmLSrq2b.doc Summary Report of Public Comments on GNSO Improvements], May 7, 2008 (Word document)</ref> The joint proposal offered this alternative to Council composition:
<blockquote>The finalized UC [joint proposal] contribution expresses support for the effort to create a better representational balance on the GNSO Council, but the UC says the BGC WG’s recommendations have three defects that 'contradict the goals of improving policy development and maximizing stakeholder participation.' The UC says the defects include (1) over-representation of contract parties; (2) insufficient stakeholder participation; and (3) external credibility issues.<ref name="finalpc">[https://forum.icann.org/lists/gnso-improvements-report-2008/docSBOmLSrq2b.doc Summary Report of Public Comments on GNSO Improvements], May 7, 2008 (Word document)</ref> </blockquote>
The joint proposal offered this alternative to Council composition:
* create a "a parity triangle of equal representation to represent all stakeholders." - 6 seats each for contractual interests (registries and registrars), commercial interests, and non-commercial interests;
* create a "a parity triangle of equal representation to represent all stakeholders." - 6 seats each for contractual interests (registries and registrars), commercial interests, and non-commercial interests;
* consider using NomCom appointments to the GNSO Council to provide specific expertise to working groups; and
* consider using NomCom appointments to the GNSO Council to provide specific expertise to working groups; and
GNSO activity regarding implementation was ongoing in parallel with the board review of the GNSO Improvements working group recommendations. The GNSO1 dashboard reports that the GNSO Improvement Planning Team (IPT) was formed on March 1, 2008<ref name="dashboard" />, although the dashboard refers to a board resolution from [[ICANN 37]] in Nairobi from March 12 that makes no reference to the GNSO review. <ref>[https://www.icann.org/resources/board-material/resolutions-2010-03-12-en#1.6 Resolution of the Board], March 12, 2010</ref> The GNSO's community reference on GNSO1 states that the GNSO Council created the IPT.<ref name="background" /> The IPT circulated a draft of a "Top Level Plan" in May 2008 to the GNSO Council and community for feedback.<ref name="tlp1">[https://gnso.icann.org/en/drafts/gnso-improvements-top-level-plan-22may08.pdf GNSO Improvements Top-Level Plan], May 22, 2008</ref> After review and feedback, a second draft was published in June.<ref name="tlp2">[https://gnso.icann.org/en/drafts/gnso-improvements-top-level-plan-21jun08.pdf GNSO Improvements Top-Level Plan], June 21, 2008</ref> The revised plan proposed two standing committees for improvements work - a process committee and an operations committee - and proposed charters for each committee.<ref name="tlp2" />
GNSO activity regarding implementation was ongoing in parallel with the board review of the GNSO Improvements working group recommendations. The GNSO1 dashboard reports that the GNSO Improvement Planning Team (IPT) was formed on March 1, 2008<ref name="dashboard" />, although the dashboard refers to a board resolution from [[ICANN 37]] in Nairobi from March 12 that makes no reference to the GNSO review. <ref>[https://www.icann.org/resources/board-material/resolutions-2010-03-12-en#1.6 Resolution of the Board], March 12, 2010</ref> The GNSO's community reference on GNSO1 states that the GNSO Council created the IPT.<ref name="background" /> The IPT circulated a draft of a "Top Level Plan" in May 2008 to the GNSO Council and community for feedback.<ref name="tlp1">[https://gnso.icann.org/en/drafts/gnso-improvements-top-level-plan-22may08.pdf GNSO Improvements Top-Level Plan], May 22, 2008</ref> After review and feedback, a second draft was published in June.<ref name="tlp2">[https://gnso.icann.org/en/drafts/gnso-improvements-top-level-plan-21jun08.pdf GNSO Improvements Top-Level Plan], June 21, 2008</ref> The revised plan proposed two standing committees for improvements work - a process committee and an operations committee - and proposed charters for each committee.<ref name="tlp2" />
===Board Actions===
On October 16, 2008, the IPT presented its final Implementation Plan to the board.<ref name="dashboard" /><ref name="iptfinal">[https://archive.icann.org/en/topics/gnso-improvements/gnso-improvements-implementation-plan-16oct08.pdf GNSO Improvements - Final Implementation Plan], October 16, 2008</ref> The plan followed several actions of the board regarding the approval of specific recommendations and referral of the structural reform of the GNSO Council to a separate working group (see below) and was addressed in the same timeframe as the conclusions to that separate process.
===Board Action on Recommendations===
On March 28, at [[ICANN 32]] in Paris, the board acknowledged the work of the IPT, as well as receipt of the final GNSO Improvements report.<ref name="paris">[https://www.icann.org/resources/board-material/resolutions-2008-06-26-en#_Toc76113182 Resolution of the Board], June 26, 2008</ref> It endorsed all the recommendations in the final report, with the exception of the recommendation regarding Council restructuing. On that topic, it instructed the GNSO Council to convene a working group, including at least one member from each constituency, one member from among the NomCom appointees to the Council, and one member from each of the Council liaison-appointing ACs who wished to appoint a member.<ref name="paris" /> The group was instructed to develop and present a Council restructuring recommendation "by no later than 25 July 2008 for consideration by the ICANN Board as soon as possible, but no later than the Board meeting in August 2008."<ref name="paris" />
On March 28, at [[ICANN 32]] in Paris, the board acknowledged the work of the IPT, as well as receipt of the final GNSO Improvements report.<ref name="paris">[https://www.icann.org/resources/board-material/resolutions-2008-06-26-en#_Toc76113182 Resolution of the Board], June 26, 2008</ref> It endorsed all the recommendations in the final report, with the exception of the recommendation regarding Council restructuing. On that topic, it instructed the GNSO Council to convene a working group, including at least one member from each constituency, one member from among the NomCom appointees to the Council, and one member from each of the Council liaison-appointing ACs who wished to appoint a member.<ref name="paris" /> The group was instructed to develop and present a Council restructuring recommendation "by no later than 25 July 2008 for consideration by the ICANN Board as soon as possible, but no later than the Board meeting in August 2008."<ref name="paris" />
The working group on GNSO Council restructuring presented its final report on July 25.<ref name="wggcr">[https://gnso.icann.org/mailing-lists/archives/council/doc5J7pHLFhmI.doc Report to the ICANN Board from WG-GCR], July 25, 2008 (Word document)</ref> The report was also distributed to the GNSO Council.<ref>[https://gnso.icann.org/mailing-lists/archives/council/msg05245.html GNSO Council Listserv - Rob Hoggarth to list], July 28, 2008</ref> The report recommended a "two houses" GNSO structure, with the Council divided into a contracted party house, and a non-contracted party house.
===Working Group on Council Restructuring===
The working group on GNSO Council restructuring presented its final report on July 25.<ref name="wggcr">[https://gnso.icann.org/mailing-lists/archives/council/doc5J7pHLFhmI.doc Report to the ICANN Board from WG-GCR], July 25, 2008 (Word document)</ref> The report was also distributed to the GNSO Council.<ref>[https://gnso.icann.org/mailing-lists/archives/council/msg05245.html GNSO Council Listserv - Rob Hoggarth to list], July 28, 2008</ref> The working group was able to achieve consensus on the following general principles:
* No single stakeholder group should have a veto for any policy vote.
* Council recommendations of policy requiring 2/3 board vote to reject should have at least one vote of support from at least 3 of the 4 stakeholder groups
* Equal number of votes between registries and registrars.
* Equal number of votes between commercial and non-commercial users.
The report recommended a "two houses" GNSO structure, with the Council divided into a contracted party house, and a non-contracted party house, and bicameral voting processes. Within this two-house system, multiple details were hammered out regarding composition of the houses, voting thresholds for various GNSO actions and processes, and [[NomCom]] appointees to the Council.<ref name="wggcr" /> There were some specifics that did not achieve consensus, largely because of a fundamental disagreement regarding a reduction of the number of NomCom appointees between the Business Constituency representative and the NomCom-appointed representative.<ref name="wggcr" />
====Separate Statements and Commentary====
The working group's report included separate statements from many of the working group members. In those statements, there was a general expression of appreciation (and sometimes surprise) regarding the level of consensus and compromise that was achieved in a short time.<ref name="wggcr" /> However, specific group members called out the relative flexibility of the various parties. The IP Constituency appointee Steve Metalitz, writing in his own capacity, gave a frank assessment of the process of "consensus-building" within the working group:
<blockquote>It is obvious from the documents which interests moved the farthest and were most willing to compromise in search of consensus. The work product of the group far more closely resembles the Board Governance Committee proposal than it does the Joint Users Group proposal that was before the Board. The bicameral approach, which originated from the registrar constituency representative, was a useful and productive effort to reframe the discussion, but it did not fundamentally alter the recurring dynamic: We did not reach full consensus because a few participants drew red lines very close to their initial preferred position, or, in one case, very close to the status quo. Notably, throughout the six meetings of our group, and hundreds of e-mail exchanges, the recurrent pattern was that representatives of the GNSO constituencies were far more willing to make compromises than were the participants not representing constituencies. I believe that the constituency representatives, on their own, might well have achieved consensus.<ref name="wggcr" /></blockquote>
At [[ICANN 70]], [[Bertrand de la Chapelle]] participated in an ALAC session on "Reimagining ICANN’s Role; Responding to National Pressures."<ref>[https://70.schedule.icann.org/meetings/BkrH93jYyy6z56xEn ICANN 70 Archive: Reimagining ICANN's Role], March 23, 2021 (registration/login required)</ref> During a conversation about silos and their impact on the [[Multistakeholder Model|multistakeholder model]], de la Chapelle recalled the introduction of the two houses approach and offered this critique of the mindset of the working group participants:
<blockquote>...I participated in one of the calls that led to the restructuring of the GNSO and the creation of the two houses. If I can give a very frank assessment from the outside, I immediately felt that the main objective of the different entities and the different soon-to-become houses was to make sure one thing: that the other halves could not impose anything on them, period. Nothing was about how can we make it better so that we can solve problems together? I’m caricaturing a little bit, but I can tell you this was the feeling that I had exactly at the moment the proposal was made on the call. And I feel that it has remained a little bit in this way.<ref>[https://cdn.filestackcontent.com/content=t:attachment,f:%22I70CUN-Tue23Mar2021__At-Large%20Policy%20Sess-ICANN%20MultiS%20Model-New%20Legiss%20and%20Regs%20Chall%20and%20Opps-en.pdf Transcript of "Reimagining ICANN's Role"], March 23, 2021 (registration/login required)</ref></blockquote>
====Board Action====
At a special meeting of the board on July 31, 2008, the board discussed the working group's report and the issues and proposals submitted by the working group.<ref name="731res">[https://www.icann.org/resources/board-material/minutes-2008-07-31-en Board Meeting Minutes], July 31, 2008</ref> After discussion of the issues, the board resolved to accept the report, and instructed staff "to perform an analysis of the potential consequences and implementation issues presented by the proposals in the report, and to report one week before the August Board meeting with the recommended steps that can be adopted during the August Board Meeting."<ref name="731res" />
On August 28, 2008, the board held another special meeting to discuss the staff recommendations and proposed resolutions for the board to adopt.<ref name="828res">[https://www.icann.org/resources/board-material/minutes-2008-08-28-en Board Meeting Minutes], August 28, 2008</ref> [[Denise Michel]] presented a summary of staff recommendations:
<blockquote>Staff recommended that the Board approve a contracted party house with three reps from Registries and three from Registrars and a Nominating Committee appointee. Staff also recommended a non-contracted party house of six representatives from commercial and six reps from non-commercial plus one voting Nominating Committee representative. Also, Staff recommended additional work with the GNSO to create a transition program from 2009 bringing it in line with Council elections at the end of the calendar year. To assure that the ICANN Bylaw principles of openness, representativeness, transparency and fairness are honored, constituencies should be asked to re-certify themselves and show plans for future recruitment and expansion consistent with the recommendation of the BGC’s Working Group on the GNSO Review, to attract educational, research and individual registrants, and other issues. Staff recommended a goal to have a new council be seated by January 2009. Staff recommended adopting the proposed voting thresholds, and suggested that this should be discussed and considered during the ongoing work on the Nominating Committee Review.<br />
Also, Staff recommended deferring proposal regarding ICANN Bylaws changes to the GNSO Council selection of ICANN Board Member Seats 13 and 14. Staff noted that this should be part of the [[ICANN Board Review|Board Review process]] in light of concerns raised by General Counsel regarding approach by WG for selection of Board members.<ref name="828res" /></blockquote>
After extensive discussion, the board approved the proposed resolutions of staff, which effectuated the recommendations described above.<ref name="828res" />
====Implementation Plan====
At a special meeting of the board on October 1, 2008, the board returned to the outstanding issues and deferred recommendations from the final report of the WG-GCR, as well as some recommendations from the BGC working group on GNSO Improvements.<ref name="octres">[https://www.icann.org/resources/board-material/minutes-2008-10-01-en Board Meeting Minutes], October 1, 2008</ref> After deliberation and discussion of each proposed resolution, the board approved the following actions:
* as recommended by the WG-GCR, the Board authorizes a third Council-level non-voting Nominating Committee Appointee to serve on the Council;
* the GNSO Council will elect a Chair consistent with the recommendation of the WG-GCR – by a vote of 60% of both voting houses. Each voting house has the flexibility to create a process for selecting its own Vice Chair;
* the Board and General Counsel have outstanding questions about the WG-GCR recommendations regarding Board seat elections and directs Staff to share these with the community and seek additional input;
* the Board adopts all voting thresholds proposed in the WG-GCR Report. The Board requests that the GNSO develop any additional voting thresholds or categories that may be needed as part of its proposed GNSO Improvements Implementation Plan;
* the Board amends its previous implementation timetable and directs that the transition to a new bicameral GNSO Council voting structure take place over a phased implementation schedule that begins immediately and ends in June 2009 with the seating of the new Council. The implementation phases will be as follows:
** Phase 1 – GNSO Council restructuring implementation plan submitted in advance of the December 2008 Board Meeting;
** Phase 2 – Existing Constituencies submit confirmation documents to the Board for review in advance of the February 2009 Board Meeting;
** Phase 3 – Stakeholder Groups submit formal plans for Board approval for consideration at the ICANN Mexico City Board meeting; and
** Phase 4 – Stakeholder Groups with plans approved by the Board select Council representatives, and the newly structured GNSO Council is seated by the June 2009 Asia-Pacific ICANN Meeting.
* the Board acknowledges Staff’s development of the “Notice of Intent” documentation for potential new constituencies and directs Staff to develop a formal petition and charter template that will assist applicants in satisfying the formative criteria (consistent with the ICANN Bylaws) to facilitate the Board’s evaluation of petitions to form new constituencies;
* the Board reinforces its support for the following principles pertaining to the formation of the new Stakeholder Groups, and requests that all constituency members and other relevant parties comply with the principles included in the BGC Working Group’s GNSO Improvements Report approved by the Board in establishing the newly formed structures, including:
** The need to better represent the wide variety of groups and individuals that compose the global ICANN community, in a structure that can change more easily with the gTLD environment and stakeholders.
** The inclusion of new actors/participants, where applicable, and the expansion of constituencies within Stakeholder Groups, where applicable.
* the Board further directs Staff to work with existing constituencies to develop a set of streamlined processes (along with appropriate templates, tools, or other mechanisms) that will assist in the formation of these new Stakeholder Groups and also facilitate the Board’s subsequent review and approval of those structures.
* the Board directs that plans for each of the four new Stakeholder Groups, that are consistent with the above principles, be submitted to the Board for consideration at the ICANN Mexico City Board meeting. The plans must be reviewed and approved by the Board before a newly structured GNSO Council is seated in June 2009. The Board will consider the need for interim action to fill Council seats in the event that it finds any Stakeholder Group plans to be deficient or delayed; and
* The Board requests additional community dialogue and input on the appropriate role and representation of individual Internet users, including individual commercial and non-commercial Internet users, in the GNSO.<ref name="octres" />
===Final Board Actions and Creation of Work Teams===
As described above, the Implementation Planning Team submitted its final report to the ICANN Board on October 16, 2008.<ref name="iptfinal" /> At [[ICANN 33]] in Cairo, the board held a workshop regarding the current state of the GNSO Improvements process, and formed steering committees for the implementation phase.<ref>[https://archive.icann.org/en/meetings/cairo2008/en/node/1799.html ICANN 33 Archive - GNSO Improvements Birefing], November 3, 2008</ref> On December 5, 2008, the GNSO Council presented its report to the board on Council restructuring and implementation planning.<ref name="gcrimpfinal">[https://gnso.icann.org/en/improvements/gnso-council-restructuring-imp-plan-07dec08.pdf GNSO Council Report on Restructuring and Implementation Plans], December 5, 2008</ref> The report described the Council's intention to implement the structural changes (defined by the working group on GNSO Council Restructuring) and operational improvements (as recommended by the BGC GNSO Improvements working group) on two parallel tracks, and stated that the proposed timeframe for reformation of the Council by June 2009 appeared to be reasonable.<ref name="gcrimpfinal" />
In January 2009, the board approved the GNSO's implementation plan.<ref name="megares">[https://gnso.icann.org/en/improvements/gnso-improvements-report-27jan09-en.pdf GNSO Improvements Report - Board-Approved Actions and Tasks], January 27, 2009</ref> The report presented an overview of all board-approved recommendations and action items.<ref name="megares" />
At [[ICANN 34]] in Mexico City, ICANN Staff presented an update on implementation progress.<ref>[https://mex.icann.org/files/meetings/mexico2009/gnso-improvements-staff-updates-06mar09-en.pdf GNSO Improvements - Staff Updates], March 6, 2009</ref> During sessions at ICANN 34 work teams were established for implementation projects.<ref name="dashboard" />
==Review Complete==
In June 2012, ICANN Staff presented a summary report of the accomplishments of the GNSO Improvements process.<ref>[https://gnso.icann.org/en/ongoing-work/archive/2012/improvements/accomplishments-en.htm GNSO Improvements Archive - Accomplishments], last updated December 4, 2012</ref> The board acknowledged receipt of the report in its regular meeting on June 23, 2012, and gave its heartfelt thanks to the "two Steering Committees, five Work Teams, and over a hundred participants" who worked together to implement the "specific and substantial" improvements that were discussed, agreed upon, and approved by the board over the course of the GNSO Improvements process.<ref>[https://www.icann.org/resources/board-material/resolutions-2012-06-23-en#1.5 Resolution of the Board], June 23, 2012</ref>
The GNSO1 review was deemed complete as of the date of that resolution.<ref name="dashboard" />
==References==
==References==
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[[Category:Organizational Reviews]]
[[Category:Featured]]