Agenda for the GNSO Council Meeting 17 January 2013

Last Updated: 17 January 2013
Date: 
17 January 2013

This agenda was established according to the GNSO Council Operating Procedures approved 13 September 2012 for the GNSO Council and updated.
http://gnso.icann.org/en/council/gnso-operating-procedures-13sep12-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 20:00 UTC
http://tinyurl.com/ado9n7t

Coordinated Universal Time 20:00 UTC
12:00 Los Angeles; 15:00 Washington; 20:00 London; 21:00 Paris; 09:00 Wellington (next day 14 January 2013)

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 audio cast

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

Item 1: Administrative matters (10 minutes)

1.1 Roll Call

1.2 Statement of interest updates

General updates and/or for specific current agenda items.

1.3 Review main changes.

1.4 Note the status of minutes for the previous Council meeting per the GNSO Operating Procedures:
Minutes of the GNSO Council meeting 20 December 2012 were approved effective 2 January 2013.

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

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

Item 2: Opening Remarks from Chair (5 minutes)

Review focus areas and provide updates on specific key themes / topics

Item 3: Consent agenda (0 minutes)

Item 4: MOTION – Initiation of a Policy Development Process (PDP) on the Inter-Registrar Transfer Policy (IRTP) Part D (10 minutes)

The Council requested an Issue Report on Inter-Registrar Transfer Policy (IRTP) Part D at its meeting on 17 October 2012. The Final Issue Report was submitted to the GNSO Council on 8 January 2013. The Council is now requested to consider the initiation of a PDP on the issues outlined in the Final Issue Report.

Link to motion

4.1 Reading of the motion (Mason Cole).
4.2 Discussion of motion and next steps.
4.3 Vote (Initiate a PDP: an affirmative vote of more than one-third (1/3) of each House or more than two-thirds (2/3) of one House)

Item 5: MOTION – Motion for Approval of a Charter for the Inter-Registrar Transfer Policy (IRTP) Part D Working Group (WG) (10 minutes)

Normally, when a PDP is initiated, the Council convenes a DT to draft a charter for the work to be carried out. In this instance, in the interest of efficiency and because the issues laid out in the IRTP-D Final Issues Report are very precise, it is being suggested that the Council adopt the charter as proposed and request that this work be started by a WG asap. A motion is being made to that effect, to be considered only if the first IRTP-D motion passes.

Link to motion

5.1 Reading of the motion (Mason Cole).
5.2 Discussion of motion and next steps.
5.3 Vote (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)

Item 6: INFORMATION & DISCUSSION - GNSO Council Review and SIC Update (15 minutes)

In Toronto, the Chair of the SIC provided an overview of a new framework for future independent review efforts at ICANN. The GNSO was used as a case study to describe the effort because it is the first Supporting Organization lined-up in the next review cycle. Staff will brief the Council on the set of criteria metrics for GNSO Stakeholder Groups and Constituencies, and the work underway to develop metrics for the Council and the Working Group Model of policy. http://gnso.icann.org/en/node/35555

6.1 Update from Staff (Rob Hogarth)
6.2 Discussion
6.3 Next Steps

Item 7: UPDATE & DISCUSSION - Trademark Clearinghouse (TMCH) Strawman Proposal and Defensive Registrations Discussion (20 Minutes)

ICANN's CEO has requested GNSO Council input on the Strawman Proposal recently developed through the TMCH related implementation discussions, which has been posted for public comment. http://www.icann.org/en/news/announcements/announcement-30nov12-en.htm. ICANN's CEO additionally requested Council input on the joint proposal from the Business Constituency/Intellectual Property Constituency (BC/IPC) for a "limited preventative registration mechanism" which is also currently available for public comment. A subsequent note (19 December 2012) from ICANN's CEO clarified the desired deadline for input to be no later than 22 February 2013.

Related to this discussion is the Staff briefing paper (http://gnso.icann.org/en/node/32287) to the GNSO Council on the topic of defensive registrations at the second level, in response to a previous request from the New GLTD Committee (2012.04.10.NG2). The New GTLD Committee requested the GNSO to consider whether additional work on defensive registrations at the second level should be undertaken.

The Council is to continue to discuss: (i) a response to the ICANN CEOs request, and (ii) to consider whether to undertake any additional work related to the BC/IPC proposal and/or the Staff briefing paper, on the topic of second level defensive registrations.

7.1 Update
7.2 Discussion
7.3 Next Steps

Item 8: UPDATE & DISCUSSION - Response to the GAC Letter (20 minutes)

The GAC has sent a letter to the GNSO Council with regard to the initiation of a PDP on the IGO/INGO issue, and specifically requesting a rationale for undertaking a PDP i.e. an explanation as to why GNSO believes this issue should be evaluated through a PDP rather than simply executed as an implementation process. The Council has sent an initial response and now needs to move ahead with developing a full response.

This is a discussion item.

8.1 Update
8.2 Discussion
8.3 Next steps

Item 9: INFORMATION & DISCUSION – Policy vs. Implementation (20 minutes)

The recent letter from the GAC as well as activities relating to work on the Trademark Clearinghouse, highlights a broader issue regarding the boundary between policy development and implementation work as well as the effective integration of policy development and integration work from the outset.

Recent discussions on the Council mailing list indicate that there is an interest to undertake further work on this issue. At the same time, ICANN Staff has published a paper (http://gnso.icann.org/en/node/36239) that is intended to facilitate further community discussions on this topic.

9.1 Update from Staff (Marika Konings)
9.2 Discussion
9.3 Next steps

Item 10: UPDATE & DISCUSSION - ATRT2 Developments (5 minutes)

The call for applicants to serve on the next Accountability and Transparency Review Team (ATRT) has been extended until 14 January 2013. (See: http://www.icann.org/en/news/announcements/announcement-03dec12-en.htm ). An update on the process and next steps to provide GNSO Council endorsements of applicants will be provided.

This is a discussion item.

10.1 Update (Wolfe-Ulrich Knoben)
10.2 Discussion
10.3 Next steps

Item 11: UPDATE & DISCUSSION - Whois Privacy and Proxy Relay and Reveal Study (10 minutes)

At the ICANN Meeting in Toronto, Lyman Chapin presented the results of the survey that evaluated the feasibility of conducting a future in-depth study into communication Relay and identity Reveal requests sent for gTLD domain names registered using Proxy and Privacy services (include link to presentation). The Council should consider whether to go ahead with the study.

11.1 – Update from Staff (Barbara Roseman)
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:

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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