Agenda for GNSO Council Meeting 19 May 2011

Last Updated: 19 May 2011
Date: 
19 May 2011

This agenda was established according to the GNSO Council Operating Procedures approved 7 April 2011 for the GNSO Council.
http://gnso.icann.org/council/gnso-op-procedures-08apr11-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 20 May
00:00 Tokyo; 01:00 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 Updated statement of interest received from

Bill Drake
http://gnso.icann.org/council/soi/drake-soi-05may11-en.htm

John Berard
http://gnso.icann.org/council/soi/berard-soi-current-en.htm

1.3 Review/amend agenda

1.4. Note the status of minutes for the previous Council meeting per the GNSO Operating Procedures:

Item 2: Pending Projects – GNSO Constituency reconfirmations and review of Stakeholder Group (SG) charters (15 minutes)

Standard agenda item to update the Council on the GNSO's Pending Projects.
Refer to Pending Projects list
http://gnso.icann.org/meetings/pending-projects-list.pdf

2.1 Update (Rob Hoggarth)

2.2 Discussion

  • Where are we now on this?
  • If SIC now holds token, should this still be on the GNSO's Pending Projects (PP) List?

2.3 Next steps?

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

Item 3: Joint SO/AC WG on New gTLD Applicant Support (JAS) (20 minutes)

Second "milestone motion" was sent to the Council by the JAS group on May 8. Refer to motion made following receipt of that report
http://gnso.icann.org/drafts/second-milestone-report-jas-08may11-en.pdf

Refer to motion:
https://community.icann.org/display/gnsocouncilmeetings/Motions+19+May+2011

3.1 Update and reading of the motion (Rafik Dammak).

3. 2 Discussion

3.3 Vote

3.4 Next steps?

Item 4: Registration Abuse (RAP) outstanding recommendations (15 minutes)

At its meeting on 3 February 2011, the GNSO Council moved forward with two recommendations of the RAP WG (UDRP Issue Report and Discussion paper on best practices to address abusive registrations of domain names) and started deliberations on a third recommendation (Fake Renewal notices).

However there are still a number of RAPWG recommendations that are waiting for Council consideration

(see project list - http://gnso.icann.org/meetings/pending-projects-list.pdf)

4.1 Update from Staff (Marika Konings) - http://gnso.icann.org/correspondence/overview-rapwg-recommendations-18may11-en.pdf

4.2 Discussion.

4.3 Next steps.

Item 5: Whois Update (15 minutes)

5.1 Update on Whois Studies (Liz Gasster).

5.2 Update on International Registration Data Working Group (IRD-WG)

5.3 Continuing discussion on Whois Service Requirements Report

Item 6: Community Working Groups CWG (20 minutes)

The activities of some recent CWGs have raised concerns among some in the ICANN community about whether CWGs should exist, and if so, the practices under which they should operate. Recently the number of cross-SO and AC working groups has increased and the GNSO is currently involved in more than six.

The value and effectiveness of these groups might be enhanced if the community could build a common understanding of some high-level principles that would speak to when CWGs may be convened, and agree on some basic practices as to how CWGs should operate.

As there has been a lot of discussion on this by the Council, this discussion item aims to focus that discussion and begin to formalise a possible Council position on CWGs.

Here are some high level draft principles that have been discussed and that could serve as a baseline for this discussion:

Draft Principles for Cross-SO/AC Working Groups (CWGs)

1. Scope of CWGs -

1.1. The purpose of CWGs should be limited to : 1) providing a discussion forum to achieve greater community understanding of issues of common interest; or 2) providing advice to the ICANN staff, community and/or ICANN Board on issues of common interest.
1.2. CWGs may not be used to develop new consensus policy. Each SO has its own rules for developing new policy.

2. Practices for CWGs --

2.1. GNSO Working Group Guidelines (or similar defined) should apply to all CWGs whenever possible. Exceptions should be detailed, and explained, in the charter for the CWG.
2.2. All CWGs should be chartered by the applicable SOs and ACs (including those initiated by the Board) and each SO and AC should approve a single charter.
2.3. The Charter should speak to the outcomes expected of the group and the steps that must be followed for review of those outcomes by the chartering SOs and ACs.
2.4. CWGs should be expected to follow the approved charter. If a concern arises, it should be brought to all chartering organizations for resolution according to Working Group Guidelines.
2.5. The Final Reports and Outcomes of all CWGs should be communicated to the chartering organizations (only) for review and further action.
2.6. The participating SOs and ACs will make time commitments to finalize actions so as not to unreasonably delay action on a CWG report.
2.7. SOs and ACs should make all reasonable efforts to solicit and consider the views of other SOs and ACs and to try to accommodate diverging views where possible before finalizing their positions.
2.8. If the work of a CWG leads to a policy recommendation, that recommendation would still need to be considered and approved through the appropriate Policy Development Process.

6.1 Discussion

6.2 Next steps

Item 7. Global Outreach Recommendations (10 minutes)

The OSC CSG WT has developed a series of recommendations to improve "stakeholder outreach and engagement".
At its April 28, 2011 teleconference, the GNSO Council passed a motion on these recommendations.
See motion:
http://gnso.icann.org/resolutions/#201104
and specifically the following resolved clauses:

RESOLVED, that the GNSO Council directs the OSC to ask the CSG-WT to review the Summary and Analysis document as well as the comments and make any changes to the proposed recommendations as are deemed appropriate, or to make those changes directly as it sees fit.
On May 16, the OSC Chair Philip Sheppard sent an email to the GNSO Council Chair Stéphane Van Gelder, indicating that following review of public comments, it was his opinion that the work on this is finished. Excerpt:

I suggest the work of the OSC is done for this topic.

The recommendations in the report can now be actioned under the auspices of the GNSO Council.

7.1 Review by Staff of the main Global Outreach Recommendations, including the Outreach Task Force (Julie Hedlund)

7.2 Discussion

7.3 Next steps

Item 8. UDRP (10 minutes)

A drafting team is working on providing guidance for an issues report and a webinar was organized early May to solicit input and information from interested parties.

8.1 Update from Staff on webinar and current work (Margie Milam)

8.2 Discussion

Item 9: Proposed GNSO Council teleconference schedule change (10 minutes)

Last year, the Council opted to maintain the current (at the time) practice of holding a teleconference every 3 weeks, and planned to review that a year later.
The Council Leadership team would like to propose a schedule change to 1 teleconference every 4 weeks. Recent efforts at reducing the pending projects and prioritizing the Council's workload have met with success, and make this schedule change possible.

9.1 Discussion

9.2 Next steps.

Item 10. Any Other Business (5 minutes)

10.1 GNSO-selected Board, ccNSO and GAC topics

10.2 Key votes or discussion topics where briefing papers would be desired

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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