Agenda for the GNSO Council Meeting 20 December 2012

Last Updated: 18 December 2012
Date: 
20 December 2012

Agenda for the GNSO Council Meeting 20 December 2012

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 15:00 UTC
http://tinyurl.com/bz42k3j

Coordinated Universal Time 15:00 UTC
07:00 Los Angeles; 10:00 Washington; 15:00 London; 16:00 Paris; 04:00 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 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
Norbert Klein SOI
General updates and/or for specific current agenda items.

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 15 November 2012 were approved effective 29 November 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: 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 – Second Level Protections for certain International Olympic Committee/Red Cross Red Crescent (IOC / RCRC) names in the first round of New GTLDs (10 minutes)

The IOC/RC Drafting Team has forwarded its recommendations i.e. that the GNSO Council recommend to the Board that it adopt the IOC/RC Drafting Team's recommendations http://tinyurl.com/atl39y4: providing for temporary reservation of the exact match IOC/RC names at the second level, prior to the delegation of the first round of new gTLDs. The GNSO Council is now asked to consider approval of the motion, and the next steps for informing the Board about the GNSO Council vote.

Note: On 26 November 2012, the Board's New gTLD Program Committee adopted a resolution providing that "restrictions for registration of RCRC and IOC names for new gTLDs at the second level will be in place until such time as a policy is adopted that may require further action."

Refer to motion 1
http://tinyurl.com/atl39y4:

4.1 Reading of the motion (Brian Winterfeldt).
4.2 Discussion of motion and next steps.
4.3 Vote (Standard threshold: simple majority of each house).

Item 5: MOTION – Consumer Trust (10 minutes)

The GNSO's Consumer Choice, Trust, and Competition WG has worked on an Advice Letter for consideration by ICANN Supporting Organisations and Advisory Committees. Following withdrawal of the motion from the October Meeting, a revised Advice Letter has been prepared and the GNSO Council is now asked to consider and approve this revised Advice Letter.

Refer to motion 2:

http://tinyurl.com/atl39y4:

5.1 Reading of the motion (John Berard).
5.2 Discussion of motion and next steps.
5.3 Vote (Standard threshold: simple majority of each house).

Item 6: MOTION – Suspension of a Policy Development Process – Proposed revision of the GNSO PDP Manual (10 minutes)

The GNSO Council requested the Standing Committee on Improvements Implementation (SCI) in April 2012 to review whether there should be a modification to the GNSO PDP Manual to address the possible suspension of a PDP following its initiation. The SCI deliberated on provisions for suspension of a PDP and reached consensus on proposed modifications to be incorporated in Section 15 of the GNSO PDP Manual, which also is included as Annex 2 in the GNSO Council Operating Procedures. The Council is now requested to consider the proposed modifications for adoption.

Refer to motion 3
http://tinyurl.com/atl39y4:

6.1 Reading of the motion (Wolf-Ulrich Knoben)
6.2 Discussion
6.3 Vote

Item 7: UPDATE – 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, that 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. 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 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 from Staff (Margie Milam & Brian Peck)
7.2 Discussion
7.3 Next Steps

Item 8: UPDATE – 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. This letter and recent activities related 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.

This is a discussion item.

8.1 Update (Jonathan Robinson)
8.2 Discussion
8.3 Next steps

Item 9: UPDATE – 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.

9.1 Update (Wolf-Ulrich Knoben)
9.2 Discussion
9.3 Next steps

Item 10: UPDATE – Next Steps- WHOIS Board Resolution (10 minutes)

On November 8, the ICANN Board adopted a resolution http://www.icann.org/en/groups/board/documents/resolutions-08nov12-en.htm which directed the CEO to launch a new effort to redefine the purpose of collecting, maintaining and providing access to gTLD registration data, and consider safeguards for protecting data, as a foundation for new gTLD policy and contractual negotiations, as appropriate. The resolution also directed preparation of an Issue Report on the purpose of collecting and maintaining gTLD registration data, and on solutions to improve accuracy and access to gTLD registration data, as part of a Board-initiated GNSO policy development process. Staff will provide an overview of the Board's resolution and the next steps for the GNSO Council and the ICANN community.

This is a discussion item.

10.1 Update (Margie Milam)
10.2 Discussion
10.3 Next steps

Item 11: INFORMATION – GNSO Council Review and SIC Update (10 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.

11.1 Update from Staff (Rob Hogarth)
Discussion
11.3 Next Steps

Item 12: Any Other Business (5 minutes)

12.1 Liaison to ccNSO – John Berard volunteered – approve

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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