Agenda for GNSO Council Meeting 15 December 2011

Last Updated: 15 December 2011
Date: 
15 December 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 20:00 UTC

Coordinated Universal Time: 20:00 UTC

12:00 Los Angeles; 15:00 Washington DC; 20:00 London; 21:00 Paris;

16 December 2011
05:00 Tokyo; 09:00 Wellington

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)

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:


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: 9 (9 - No change).
  • Other activities: 10 (10 – No Change)
  • Joint SO/AC WGs: 7 (7 - no change).
  • Outstanding recommendations: 2 (2 - no change).

Item 3: Outreach Task Force Charter (20 minutes)

As part of the GNSO improvements, the Operations Steering Committee (OSC)'s Constituency and Stakeholder Group Operations Work Team worked on a set of recommendations on a global outreach program

At the previous Council meeting, a motion on this was not approved. It was proposed that a small group be assisted by Staff to produce a new motion that would include specific revisions to the charter.

Refer to motion 1:

https://community.icann.org/display/gnsocouncilmeetings/Motions+15+December+2011

Reading of the motion (John Berard)

3.1 Discussion

3.2 Vote

3.3 Next steps

Item 4: UDRP (25 minutes)

Following the drafting of an Issue Report on a possible review of the UDRP, a motion is before the Council to initiate a PDP on this topic and that a drafting team be formed to write a charter for the working group.

Refer to motion 2.  

https://community.icann.org/display/gnsocouncilmeetings/Motions+15+Decem...

The motion was deferred from the Nov 17 Council meeting.

4.1 Reading of the motion (Jeff Neuman)
4.2 Discussion
4.3 Vote

Item 5: Joint ccNSO/GNSO IDN Working Group (JIG) (15 minutes)

The JIG is proposing that both GNSO and ccNSO councils ask their Chairs to send to the ICANN Board a letter in response to their August 2011 resolution on Single Character IDN TLDs.

The letter would note discrepancies between the WG's work and the Board resolution.

Refer to motion 3.

https://community.icann.org/display/gnsocouncilmeetings/Motions+15+Decem...

5.1 Reading of the motion (Ching Chiao)
5.2 Discussion
5.3 Vote

Item 6: Update on Congressional Hearings (10 minutes)

There have been two recent hearings in the U.S. CONGRESS on new gTLDS on 8 and 14 December 2011, namely the U.S. Senate Committee on Commerce, Science, and Transportation full committee hearing on ICANN’s expansion of top level domains, examining the merits and implications of this new program and ICANN’s continuing efforts to address concerns raised by the Internet community, and the HOUSE Subcommittee on Communications and Technology hearing on "ICANN’s Top-Level Domain Name Program." 

6.1 Update from Kurt Pritz

Item 7: Joint SO/AC WG on New gTLD Applicant Support Working Group (JAS WG) (10 minutes)

This agenda item is to update the Council on recent developments in the JAS WG, and more specifically details of the measures being taken to implement the recommendations made in the JAS Final Report that was sent to the Board.

7.1 Update from Staff (Kurt Pritz)
7.2 Discussion

Item 8: Cross-TLD registration scam and domain kiting (10 minutes)

At the previous Council meeting, there was discussion on possible next steps and decisions that could be made on this topic, following SSAC's response (http://gnso.icann.org/correspondence/gnso-council-chair-to-faltstrom-10oct11-en.pdf) .

Staff has suggested several options:

  • Adding these issues to the mandate of the Fake Renewal Notices Drafting Team which is tasked to prepare a request for information for the Registrar Stakeholder Group to obtain further information on the issue of Fake Renewal Notices in order to help inform the GNSO Council on the appropriate next steps, if any. As there are certain similarities, especially between the cross-tld registration scam and fake renewal notices, it might be possible for this DT to also try and obtain further information on that specific issue to help inform the Council's deliberations.
  • Continue discussions on the topic of cross-TLD registration scam with the ccNSO to discuss whether there are any steps that could be taken or considered jointly. The GNSO Council and the ccNSO Council had some initial discussions on this topic at its meeting in Dakar and as this is an issue that also affects ccTLDs there might be common approaches to be explored. As noted, such approaches might involve improved communication / education in relation to this issue as it is not clear at this stage that this issue could be addressed through policy development.
  • Do nothing – as there is no set mechanism for data gathering or monitoring of abuses at the moment or any evidence that these practices are in non-compliance with ICANN policies or agreements, the GNSO Council could decide to not undertake any further action at this stage. Note, at any point in time, should further information or data become available, any Council member or SO/AC could raise this issue again for further consideration.

This discussion item aims at seeing if this issue should be closed or if work should continue.

8.1 Discussion
8.2 Next steps

Item 9: Transitioning existing PDP work to the new PDP procedures (10 minutes)
At its meeting on December  8, 2011, the Board adopted the new GNSO PDP.

Out of that comes the following text: 'For all ongoing PDPs initiated prior to the adoption by the Board, the Council shall determine the feasibility of transitioning to the procedures set forth in this Annex A for all remaining steps within the PDP. If the Council determines that any ongoing PDP cannot be feasibly transitioned to these updated procedures, the PDP shall be concluded according to the procedures set forth in Annex A in force on before the adoption of the new Annex A by the Board'.

Currently the following PDPs are under way:

  • IRTP Part C (Working Group)
  • Thick Whois (Preliminary Issue Report out for public comment)
  • RAA (Preliminary Issue Report in preparation)
  • Uniformity of Contracts (Preliminary Issue Report in preparation)
  • UDRP (pending)
  • Law Enforcement recommendations (pending)

9.1 Update from Staff (Margie Milam)
9.2 Discussion
9.3 Next steps

Item 10: Any Other Business (5 minutes)

10.1 Draft response to the Board regarding the GNSO input on Implementation of SAC 051 (SSAC Report on Whois Terminology and Structure)

http://gnso.icann.org/drafts/draft-board-update-for-gnso-council-09dec11-en.pdf

10.2 Update on Registrar Accreditation Agreements (RAA) (Margie Milam)

10.3 Update on International Olympic Committee (IOC) & Red Cross (RC) names (Jeff Neuman)

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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