Agenda for GNSO Council Meeting 6 October 2011

Last Updated: 5 October 2011
Date: 
6 October 2011

This agenda was established according to the GNSO Council Operating Procedures approved 22 September 2011 for the GNSO Council.
http://gnso.icann.org/council/gnso-operating-procedures-22sep11-en.pdf

For convenience:

* An excerpt of the ICANN Bylaws defining the voting thresholds is provided in Appendix 1 at the end of this agenda.
* An excerpt from the Council Operating Procedures defining the absentee voting procedures is provided in Appendix 2 at the end of this agenda.

Meeting Time 15:00 UTC
Coordinated Universal Time:15:00 UTC - see below for local times
(08:00 Los Angeles, 11:00 Washington DC, 16:00 London, 17:00 Brussels,

Friday 7 October
00:00 Tokyo; 02:00 Melbourne

Dial-in numbers will be sent individually to Council members. Councilors should notify the GNSO Secretariat in advance if a dial out call is needed.

GNSO Council meeting audiocast

http://stream.icann.org:8000/gnso.m3u

Item 1: Administrative matters (10 minutes)

1.1 Roll Call

1.2 Statement of interest updates
1.3 Review/amend agenda

1.4. Note the status of minutes for the previous Council meeting per the GNSO Operating Procedures:
• 22 September minutes –approved on October 2011.

Item 2: GNSO Pending Projects List (5 minutes)

Standard agenda item looking at changes made to the GNSO's Pending Projects list since the previous meeting.
Refer to Pending Projects list
http://gnso.icann.org/meetings/pending-projects-list.pdf

2.1 Changes to Pending Projects List since last Council meeting (Stéphane Van Gelder)

  • GNSO activities: 6 (10 - PEDNR, PDP-WT, OSC, GCOT, CSG removed - IRTP-C added).
  • Other activities: 10 (9 - Thick Whois added)
  • Joint SO/AC WGs: 7 (7- RAA removed - RC-IOC added).
  • Outstanding recommendations: 2 (2-- no change).

Item 3: Whois Survey Drafting Team (10 minutes)

A motion is being submitted to approve the formation of a Whois Survey Drafting Team.

Motion deferred from 22 September Council meeting

Refer to motion: 1.
https://community.icann.org/display/gnsocouncilmeetings/Motions+06+Octob...

3.1 Reading of the motion (Wendy Seltzer)
3. 2 Discussion
3. 3 Vote

Item 4: Registration abuse (RAP) (15 minutes)

At its July 21 meeting, the Council was presented with a motion to address the remaining recommendations of the RAP WG. This motion was discussed at the meeting and should now be considered by Council.

It should be noted that the motion made before the Council today has been slightly reworked as compared to the motion shown at the July 21 meeting (see https://community.icann.org/display/gnsocouncilmeetings/Motions+21+July+...).

Motion deferred from 22 September Council meeting.

Refer to motion 2
https://community.icann.org/display/gnsocouncilmeetings/Motions+06+Octob...

4.1 Reading of the motion (Zahid Jamil)
4.2 Discussion
4.3 Vote

Item 5: Law Enforcement assistance on addressing criminal activity (10 minutes)

A motion is being made to recommend action by the ICANN Board with regards to addressing Internet-based criminal activity.

Motion deferred from 22 September Council meeting

Refer to motion: 3
https://community.icann.org/display/gnsocouncilmeetings/Motions+06+Octob...

5.1 Reading of the motion (Tim Ruiz)
5.2 Discussion

5.3 Vote

Item 6: Amendments to RAA (10 minutes)

In its ongoing work on the Registrar Accreditation Agreement (RAA), and more specifically to identify potential amendments to the RAA, the Council is considering a motion to approve an amended process to develop a new form of RAA termed "process B".

Refer to motion 4

https://community.icann.org/display/gnsocouncilmeetings/Motions+06+Octob...

6.1 Reading of the motion (Kristina Rosette)
6.2 Discussion
6.3 Vote

Item 7: Policy Development Process Work Team (PDP-WT) (10 minutes)

As part of the GNSO improvements, the PPSC's PDP WT has produced a final report on how the GNSO's policy develop process should be handled.
Refer to PDP-WT Final Report
This report has been put out for public comment and is now being presented to the Council for approval.

Refer to motion 5
https://community.icann.org/display/gnsocouncilmeetings/Motions+06+Octob...

7.1 Reading of the motion (Jeff Neuman)
7.2 Discussion
7.3 Vote

Item 8: June 20 Board resolution on new gTLDs (15 minutes)

As part of its resolutions on the new gTLD program, the ICANN Board passed a resolved clause during its June 20 meeting in Singapore which contained the following excerpt (Resolved 1.b):

Refer to Board June 20 2011 motion on new gTLDs:

http://www.icann.org/en/minutes/resolutions-20jun11-en.htm

Incorporation of text concerning protection for specific requested Red Cross and IOC names for the top level only during the initial application round, until the GNSO and GAC develop policy advice based on the global public interest.

The GNSO Council discussed this at its July 21 meeting. A letter was sent by Kurt Pritz to Heather Dryden & Stéphane van Gelder to provide some guidance:
http://gnso.icann.org/correspondence/pritz-to-dryden-11aug11-en.pdf

On September 18, the GAC sent a letter to the GNSO Council providing the following advice on this topic with regard to a possible UDRP and the IOC and Red Cross/Red Crescent names.

During the Council's Sept 22 meeting, the following points were highlighted:
• A request to Staff to confer with ICANN General Counsel on the status of the advice that the GNSO receives from the GAC?
• This is a proposed topics to discuss with the GAC at the joint GAC- Council meeting in Dakar.
• Identify questions or requests for clarification and communicate these to the GAC well in advance of the joint meeting so as to have a meaningful and constructive discussion.

8.1 Update from Staff (Margie Milam)
8.2 Discussion
8.3 Next steps

Item 9: Cross Community Working Group Drafting Team - Final Charter (CCWG-DT)

Cross Community Working Group Charter
http://gnso.icann.org/issues/ccwg/charter-ccwg-30sep11-en.pdf

9.1 Council approval for consideration of the motion submitted to the Council on 29 September 2011

http://gnso.icann.org/mailing-lists/archives/council/msg12100.html

Refer to motion 6
https://community.icann.org/display/gnsocouncilmeetings/Motions+06+Octob...

9.2 Reading of the motion ( Margie Milam)
9.3 Discussion

9.4 Vote

Item 10: Review of proposed agenda for Dakar meeting (20 minutes)

10.1 Discussion item on the GNSO's proposed agenda for the Dakar meeting week, including key points and meetings with other stakeholders and groups.

10.1 1 Review of draft agenda (Jeff Neuman)
10.1.2 Discussion
10.1.3 Next steps

10.2 Interaction with ccNSO

Action item from the Singapore ICANN meeting, deferred from the July 21 meeting: the ccNSO and the GNSO agreed to try and work together more closely on some projects of common interest. Two were discussed: the work the ccNSO is currently doing on ICANN's strategic plan and budget, and the work the GNSO is currently doing on CWGs.
This is a discussion item to ascertain how to push these two initiatives forward.

10.2.1 Discussion
10.2.1 Next steps

10.3 Open Council Meeting Drafting Team

At its Singapore meeting, the Council decided to review the way its Open Meetings are organized. This is a discussion item to review the work of the team so far and identify any changes that might be made in time for the GNSO Council's next Open Meeting, in Dakar on October 26.

10.3.1 Update (Jeff Neuman)
10.3.2 Discussion
10.3.3 Next steps

Item 11: Best practices discussion paper (10 minutes)

Following a Council request, Staff has prepared a discussion paper on the creation of non-binding best practices for registrars and registries. The best practices are to help address the abusive registrations of domain names.
Staff suggests that the Council open a public comment period. A workshop could also be held on this topic during the Dakar ICANN meeting week.

11.1 Update from Staff (Marika Konings)
11. 2 Discussion
11. 3 Next steps

Item 12. Any Other Business (5 minutes)

Appendix 1: GNSO Council Voting Thresholds (ICANN Bylaws, Article X, Section 3)

9. Except as otherwise specified in these Bylaws, Annex A hereto, or the GNSO Operating Procedures, the default threshold to pass a GNSO Council motion or other voting action requires a simple majority vote of each House. The voting thresholds described below shall apply to the following GNSO actions:

1. Create an Issues Report: requires an affirmative vote of more than 25% vote of each House or majority of one House;
2. Initiate a Policy Development Process (“PDP”) Within Scope (as described in Annex A): requires an affirmative vote of more than 33% of each House or more than 66% of one House;
3. Initiate a PDP Not Within Scope: requires an affirmative vote of more than 75% of one House and a majority of the other House (“GNSO Supermajority”);
4. Approve a PDP Recommendation Without a GNSO Supermajority: requires an affirmative vote of a majority of each House and further requires that one GNSO Council member representative of at least 3 of the 4 Stakeholder Groups supports the Recommendation;
5. Approve a PDP Recommendation With a GNSO Supermajority: requires an affirmative vote of a GNSO Supermajority; and
6. Approve a PDP Recommendation Imposing New Obligations on Certain Contracting Parties: where an ICANN contract provision specifies that “a two-thirds vote of the council” demonstrates the presence of a consensus, the GNSO Supermajority vote threshold will have to be met or exceeded with respect to any contracting party affected by such contract provision.

Appendix 2: Absentee Voting Procedures (GNSO Operating Procedures 4.4)

4.4.1 Applicability
Absentee voting is permitted for the following limited number of Council motions or measures.
a. Initiate a Policy Development Process (PDP);
b. Approve a PDP recommendation;
c. Recommend amendments to the GNSO Operating Procedures (GOP) or ICANN Bylaws;
d. Fill a Council position open for election.

4.4.2 Absentee ballots, when permitted, must be submitted within the announced time limit, which shall be 72 hours from the meeting‟s adjournment. In exceptional circumstances,announced at the time of the vote, the Chair may reduce this time to 24 hours or extend the time to 7 calendar days, provided such amendment is verbally confirmed by all Vice-Chairs present.

4.4.3 The GNSO Secretariat will administer, record, and tabulate absentee votes according to these procedures and will provide reasonable means for transmitting and authenticating absentee ballots, which could include voting by telephone, e- mail, web-based interface, or other technologies as may become available.
4.4.4 Absentee balloting does not affect quorum requirements. (There must be a quorum for the meeting in which the vote is initiated.)
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