Agenda for the GNSO Council Meeting 13 September 2012

Last Updated: 13 September 2012
Date: 
13 September 2012

This agenda was established according to the GNSO Council Operating Procedures approved 22 September 2011 for the GNSO Council and updated.
http://gnso.icann.org/council/gnso-operating-procedures-16dec11-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 Times 15:00 UTC
http://tinyurl.com/bojlrbx

Coordinated Universal Time 15:00 UTC
08:00 Los Angeles; 11:00 Washington; 16:00 London; 17:00 Paris; 00:00 Tokyo.

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:

Minutes of the GNSO Council meeting 20 July 2012 approved on 22 August 2012.

1.5. GNSO Pending Projects List
http://gnso.icann.org/meetings/pending-projects-list.pdf

  • Review main changes.
  • Comments and/or questions.

Item 2: Motion to adopt the revised GNSO Operating Procedures incorporating a consent agenda provision and updated voting results table and to adopt a technical change in proxy notification (5 minutes)

Following the Council's request, the Standing Committee on Improvements Implementation (SCI) has worked on a process for formalising the consent agenda, updated the voting results table and reviewed the current procedures for proxy voting.

These are now being presented for Council approval.

2.1 Update from SCI Chair  (Wolf-Ulrich Knoben)
2.2 Discussion.
2.3 Vote.

Item 3: Consent agenda (5 minutes)

A consent agenda item is being added as a standard agenda item to provide for a simplified process to obtain Council approval on specific tasks.

3.1 Approve proposed IRD-WG letter from GNSO Council to ICANN Board.

Item 4: RAP recommendation on Uniformity of Reporting 10 minutes)

At its meeting on 6 October, the GNSO Council requested the ICANN Compliance Department to report on existing systems to report and track violations and/or complaints; improvements made since the RAPWG Report or foreseen in the near future, and: indentify gaps and any improvements that might be desirable but not foreseen at this stage.

The ICANN Compliance Team submitted its report on 18 March and presented it to the GNSO Council at its meeting on 12 April. Refer to the report

http://gnso.icann.org/issues/rap/contractual-compliance-report-reporting-uniformity-16mar12-en.pdf

The Council must now decide what next steps to take, if any.

4.1 Update from Mikey O'Connor.
4.2 Discussion.
4.3 Nest steps.

Item 5: Whois Review Team Final Report (10 minutes)

At its July 20, 2012 meeting, the Council created a small group to draft a letter in response to ICANN Board resolved #2012.06.23.26 (see Board resolution (http://www.icann.org/en/groups/board/documents/resolutions-23jun12-en.htm#5).

The August 31, 2012 deadline set by the Board for receiving input proved too short for the Council, and on August 30, 2012 GNSO Chair Stéphane Van Gelder sent Chairman of the ICANN Board Steve Crocker and Interim ICANN CEO Akram Attalah a letter informing them that the Council would hopefully be providing further input very soon.

A draft has been proposed by the group. The Council must now decide whether to send this draft as-is or not.

5.1 Update from group (Brian Winterfeldt)
5. 2 Discussion
5. 3 Next steps.

Item 6: Fake Renewal Notices (10 minutes)

The GNSO Council requested that a small group prepare a request for information concerning Fake Renewal Notices for the Registrar Stakeholder Group to help inform its deliberations on the Registration Abuse Policies Working Group (RAP WG) Recommendation on Fake Renewal Notices (#2).

Once the drafting team submitted its report to the GNSO Council and the comment period was completed, the GNSO Council requested the Drafting Team to review the comments received, update the report if deemed appropriate and report back accordingly.

The DT has reviewed the comments received and submitted its updated report to the GNSO Council on 21 June 2012 (see http://gnso.icann.org/issues/frn/fake-renewal-notices-updated-report-20jun12-en.pdf) and the DT Chair presented this report to the Council at the July 20 meeting.

At that meeting, the Council opted to have further consultations with the Registrar Stakeholder Group to find out what solutions the Registrars can offer to deal with bad actors and return to the Council with proposals for options, or solutions, or next steps on this issue.

This agenda item is an update on those consultations.

6.1 Update from RrSG (Mason Cole)
6.2 Discussion
6.3 Next steps

Item 7: Final Issue Report on Protection of International Organizations (10 minutes)

The Preliminary Issue Report on the protection of international organization names requested by the GNSO Council on 12 April was published and a public comment forum was opened on 4 June.
http://gnso.icann.org/issues/intl-org-names-prelim-issue-report-04jun12-en.pdf

The GNSO Drafting Team is evaluating possible recommendations to protect the Red Cross and IOC names at the second level and staff has now published the Final Issue Report, since the Public Comment forum has closed.

This item is an overview of that report and an examination of possible next steps.

7.1 Update from Staff (Brian Peck)
7.2 Discussion
7.3 Next steps

Item 8: Impact of new gTLDs on ICANN's structure (10 minutes)

The new gTLD program will have a significant impact on the functioning of ICANN and its structure. The Board has called for an in-depth community discussion to identify early the corresponding challenges and possible evolutions.

A call has been put out for the community to share a one-pager on this topic to gather preliminary views and help prepare a dedicated session in Toronto. The GNSO Council has expressed a desire to respond to this call and a small group has been created to draft a response.

Although the Board has called for a response by September 10, this is not a hard deadline so the Council will now consider whether to approve the proposed response.

8.1 Update on draft response (Thomas Rickert)
8.2 Discussion
8.3 Call to approve sending response to the Board

Item 9: Overview of schedule for Toronto (10 minutes)

As usual, work is ongoing on preparing the GNSO's work schedule for the upcoming ICANN international meeting. This includes the GNSO's weekend working sessions and Wednesday's Open Council Meeting.

9.1 Update on Toronto agenda (Wolf-Ulrich Knoben)
9.2 Discussion and review of any amendments to agenda

Item 10: Toronto GAC High Level Meeting (15 minutes)

The GAC is organizing a High Level Meeting on October 15 in Toronto. The agenda for this meeting includes an exchange with SO/AC leadership. Following a clarification request by the GNSO leadership, the GAC leadership has given the following explanation on its expectations for the meeting: "I would recommend preparation of Qs and lining up speakers in advance.  I trust that the GNSO leadership will work with the GAC, as well as my Canadian colleagues, to find a balance between the differing cultures of the GNSO, and senior officials and politicians unfamiliar with the ICANN environment, to have a positive and productive exchange to reinforce and improve the multi-stakeholder model."

The Council should therefore plan for this meeting and discuss possible questions it may want to raise.

10.1 Introduction and overview of meeting (Stéphane Van Gelder)

10.2 Discussion

Item11: Consumer Metrics Advice Letter to the ICANN Board (10 minutes)

The advice letter was drafted in response to an ICANN Board resolution asking for definitions and metrics that will be used to evaluate the gTLD expansion program in a post-launch review required under the Affirmation of Commitments [1]. Since the AOC did not define the terms or measures of competition, consumer trust and consumer choice, the ICANN Board resolved in December 2010 (ICANN Board resolution) to request advice from the ALAC, GAC, GNSO and ccNSO on establishing the definition, measures, and three year targets for those measures, for competition, consumer trust and consumer choice.

After nearly a year of WG deliberation, public sessions or updates at the Dakar, Costa Rica, and Prague meetings, and a review of public comments submitted by the community, the Consumer Metric WG submitted its final version of the Advice Letter to the GNSO Council on 17 August 2012 for its consideration.

http://gnso.icann.org/en/issues/cctc/cctc-final-advice-letter-17aug12-en.pdf
http://gnso.icann.org/en/issues/cctc/cctc-next-steps-17aug12-en.pdf

Upon the GNSO Council's deliberation and acceptance, the Advice Letter will be sent to the ICANN Board for their consideration.

11.1 Update from John Berard (WG Liaison) and Berry Cobb (Staff).
11.2 Discussion.
11.3 Next steps.

Item 12: Management of work (10 minutes)

Recent discussions on the Council list have raised concerns about the volume of documents published prior to an ICANN meeting and how these can best be managed by the volunteer community that makes up the GNSO Council as it struggles to read a substantial amount of reports and other documents in order to better inform its own decision making processes with regards to policy.

12.1 Discussion

Item 13: 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:

a. Create an Issues Report: requires an affirmative vote of more than one-fourth (1/4) vote of each House or majority of one House.

b. Initiate a Policy Development Process ("PDP") Within Scope (as described in Annex A): requires an affirmative vote of more than one-third (1/3) of each House or more than two-thirds (2/3) of one House.

c. Initiate a PDP Not Within Scope: requires an affirmative vote of GNSO Supermajority.

d. Approve a PDP Team Charter for a PDP Within Scope: requires an affirmative vote of more than one-third (1/3) of each House or more than two-thirds (2/3) of one House.

e. Approve a PDP Team Charter for a PDP Not Within Scope: requires an affirmative vote of a GNSO Supermajority.

f. Changes to an Approved PDP Team Charter: For any PDP Team Charter approved under d. or e. above, the GNSO Council may approve an amendment to the Charter through a simple majority vote of each House.

g. Terminate a PDP: Once initiated, and prior to the publication of a Final Report, the GNSO Council may terminate a PDP only for significant cause, upon a motion that passes with a GNSO Supermajority Vote in favor of termination.

h. 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.

i. Approve a PDP Recommendation With a GNSO Supermajority: requires an affirmative vote of a GNSO Supermajority,

j. 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.

k. Modification of Approved PDP Recommendation: Prior to Final Approval by the ICANN Board, an Approved PDP Recommendation may be modified or amended by the GNSO Council with a GNSO Supermajority vote.

l. A "GNSO Supermajority" shall mean: (a) two-thirds (2/3) of the Council members of each House, or (b) three-fourths (3/4) of one House and a majority of the other House."

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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[1] Affirmation of Commitments: http://www.icann.org/en/documents/affirmation-of-commitments-30sep09-en.htm