Minutes of the GNSO Council Meeting 15 December 2016

Last Updated: 4 January 2017
Date: 
15 December 2016

Agenda and Documents

Coordinated Universal Time: 12:00 UTC

http://tinyurl.com/jmry4q4
04:00 Los Angeles; 07:00 Washington; 12:00 London; 15:00 Istanbul; 23:00 Hobart

The meeting started at: 12:03 UTC
List of attendees:
NCA – Non Voting – Erika Mann

Contracted Parties House
Registrar Stakeholder Group: James Bladel, (late – proxy to Donna Austin) Michele Neylon, Darcy Southwell
gTLD Registries Stakeholder Group: Donna Austin, Keith Drazek, Rubens Kühl (late – proxy to Keith Drazek)
Nominating Committee Appointee (NCA): Hsu Phen Valerie Tan

Non-Contracted Parties House
Commercial Stakeholder Group (CSG): Philip Corwin, Susan Kawaguchi (late – no proxy), Wolf-Ulrich Knoben, Tony Harris (absent, apologies, proxy to Wolf-Ulrich Knoben), Paul McGrady, Heather Forrest
Non-Commercial Stakeholder Group (NCSG): Amr Elsadr, Stephanie Perrin, Stefania Milan, Edward Morris (absent, apologies, temporary alternate Martin Silva Valent), Marilia Maciel, Rafik Dammak, Martin Silva Valent
Non-Commercial Stakeholder Group (NCSG): Amr Elsadr, Stephanie Perrin, Stefania Milan, Edward Morris (absent, apologies, temporary alternate Martin Silva Valent), Marilia Maciel, Rafik Dammak, Martin Silva Valent
Nominating Committee Appointee (NCA): Julf (Johan) Helsingius

GNSO Council Liaisons/Observers:
Cheryl Langdon-Orr– ALAC Liaison
Patrick Myles - ccNSO Observer - absent
Carlos Raul Gutierrez– GNSO liaison to the GAC

ICANN Staff
David Olive -Senior Vice President, Policy Development Support and General Manager, ICANN Regional Headquarters- Istanbul,
Marika Konings - Senior Policy Director
Mary Wong – Senior Policy Director
Julie Hedlund – Policy Director
Steve Chan - Senior Policy Manager, Policy Development Support
Berry Cobb – Policy consultant
Emily Barabas – Policy Analyst
Glen de Saint Géry - GNSO Secretariat
Nathalie Peregrine - Specialist, SO/AC
Terri Agnew - Secretariat Services Coordinator, GNSO
Eric Evrard – End User Specialist

MP3 Recording
Adobe Chat Transcript
Transcript

Item 1: Administrative matters

1.1 – Roll call

1.2 – Updates to Statements of Interest

1.3 – Review/amend agenda

Item 3.2 Confirmation of Council response to ICANN Board letter regarding policy implications of the Final Report of the Internationalized Registration Data (IRD) Expert Working Group.

This item was removed from the Consent Agenda in order to give the Council the opportunity to discuss the amendments submitted by Amr Elsadr. This item was placed as item 4 on the agenda.

There were no further changes to the agenda.

1.4 - The draft minutes of the meeting of the GNSO Council on 01 December 2016
will be posted as approved on 18 December 2016

Item 2: Opening Remarks / Review of Projects & Action List

2.1 – Review focus areas and provide updates on specific key themes / topics, to include review of Projects List and Action List.

Item 3: Consent agenda

3.1- Confirmation of Appointment of GNSO Members and GNSO Co-Chair to the New Cross Community Working Group for New gTLD Auction Proceeds

James Bladel seconded by Donna Austin proposed a motion to confirm the appointment of GNSO Members and GNSO Co-Chair to the New Cross Community Working Group for New gTLD Auction Proceeds

Whereas,

  1. The GNSO Council adopted the charter for the CCWG new gTLD Auction Proceeds during its meeting on 7 November 2016;
  2. As a Chartering Organization, the GNSO can appoint a minimum of 2 and a maximum of 5 Members to the CCWG. Members are expected to serve as a liaison between their respective Chartering Organization and the CCWG. Members must, if and when necessary, ensure that the Chartering Organizations are kept up to date on the progress and deliberations of the CCWG as well as sharing any input from the Chartering Organization with the CCWG.
  3. The Charter specifies that a chair may be appointed by each Chartering Organizations. Chartering Organizations that do decide to appoint a chair should make reasonable efforts that the proposed chair / co-chair has the necessary experience to manage an effort of this nature by, for example, having actively participated as a member in at least one CCWG or ICANN Working Group throughout its lifecycle in order to have relevant or related experience of the different tasks that come with chairing a CCWG. Prior leadership experience (chair / co-chair / vice-chair) is desirable.
  4. The GNSO Council notes that that best efforts have been to ensure that GNSO appointed members:
    • Have sufficient and appropriate motivation (and ideally expertise) to participate in the substance of the work of the CCWG. Appropriate experience could, for example, include experience with allocation and final disbursement of funds;
    • Commit to actively participate in the activities of the CCWG on an on-going and long-term basis;
    • Solicit and communicate (where appropriate) the views and concerns of individuals in the organization that appoints them;
    • Commit to abide to the charter when participating in the CCWG;
    • Understand the needs of the Internet communities that ICANN serves (standards, domains and numbers);
    • Understand the broader ecosystem (the Internet Community) in which ICANN operates and the needs of those working on other aspects of the Internet industry, including those not yet connected.

Resolved

  1. The GNSO Council appoints [Jonathan Robinson] as the GNSO Appointed Co-Chair and Member to the CCWG – Auction Proceeds.
  2. The GNSO Council confirms
  • Tony Harris (nominated by the Commercial Stakeholders Group)
  • Jon Nevett (nominated by the Registries Stakeholder Group)
  • Eliot Noss (nominated by the Registrars Stakeholder Group)
  • Stephanie Perrin (nominated by the Non-Commercial Stakeholders Group)

as GNSO appointed members to the CCWG-Auction Proceeds.

  1. The GNSO Council requests the GNSO Appointed Co-Chair and the GNSO appointed members to ensure that the GNSO community is kept up to date on the progress of the deliberations as well as making sure that input from the GNSO community is sought on a regular basis.
  2. The GNSO Council encourages other interested in this topic to join this effort as a participant or observer.

The councilors present unanimously accepted the motion on the consent agenda (one councilor being late with no proxy)

Voting results

Action items:

  • Jonathan Robinson (appointed as GNSO-co-chair) and appointed GNSO Members Tony Harris (CSG), Jon Nevett (RySG), Eliot Noss (RrSG) and Stephanie Perrin (NCSG) requested to keep GNSO community updated on progress and seek community input regularly
  • GNSO community members encouraged to join as Observers or Participants

Item 4. Confirmation of Council response to ICANN Board letter regarding policy implications of the Final Report of the Internationalized Registration Data (IRD) Expert Working Group

Discussion about the Council response drafted with input from James Galvin to the ICANN Board letter: https://gnso.icann.org/en/correspondence/crocker-to-bladel-11may16-en.pdf. Discussion focused on comments posted on Council list prior to the meeting; the wish to discuss these comments prompted removal of this item from the consent agenda.

The draft response can be found here: https://gnso.icann.org/mailing-lists/archives/council/msg19547.html

It was confirmed that several IRD Working Group's recommendations were addressed in Translation and Transliteration of Contact Information Policy Development Process (PDP) Working Group, and the others were going to be addressed in the Next-Generation gTLD Registration Directory Services to Replace Whois PDP Working Group.

Action items:

  • Letter to be transmitted to ICANN Board

Item 5. COUNCIL VOTE – GNSO Council Response to the Board on gTLD Policy Matters related to the GAC Communiqué from Hyderabad

Paul McGrady seconded by Donna Austin proposed a motion to adopt the GNSO Review of GAC Communiqué for submission to the ICANN Board.

Whereas,

  1. The Governmental Advisory Committee advises the ICANN Board on issues of public policy, and especially where there may be an interaction between ICANN's activities or policies and national laws or international agreements. It usually does so as part of a Communiqué, which is published towards the end of every ICANN meeting.
  2. The GNSO is responsible for developing and recommending to the ICANN Board substantive policies relating to generic top-level domains.
  3. The GNSO has expressed a desire to provide feedback to the ICANN Board on issues in the GAC Communiqué as these relate to generic top-level domains to inform the ICANN Board as well as the broader community of past, present or future gTLD policy activities that may directly or indirectly relate to advice provided by the GAC.
  4. The GNSO hopes that the input provided through its review of the GAC Communiqué will further enhance the co-ordination and promote the sharing of information on gTLD related policy activities between the GAC, Board and the GNSO.

Resolved,

  1. The GNSO Council adopts the GNSO Review of the Hyderabad GAC Communiqué (see https://gnso.icann.org/en/drafts/review-gac-communique-15dec16-en.pdf) and requests that the GNSO Council Chair communicate the GNSO Review of the Hyderabadi GAC Communiqué to the ICANN Board.
  2. Following the communication to the ICANN Board, the GNSO Council requests that the GNSO Council Chair informs the GAC Chair as well as the GAC-GNSO Consultation Group of the communication between the GNSO Council and the ICANN Board.

Discussion around the GNSO Council response to the Government Advisory Committee (GAC) Communiqué highlighted the collaboration between the Intellectual Property Constituency (IPC) and the Registry Stakeholder Group (RySG) and the need for a clearer understanding of what constitutes "GAC advice" and better understanding of the role of the transmittal letter.

Councilors exchanged about the role and limitation of the Contracted Party house in defining what constitutes "abuse".

The motion passed by unanimous voice vote (one councillor was late, no proxy provided)

Voting results

Action items:

  • GNSO Council response to be transmitted to ICANN Board
  • GNSO Council Chair to inform GAC Chair and GAC-GNSO Consultation Group of the communication

Item 6: COUNCIL VOTE – Adoption of Proposed Implementation Plan for Recommendations relating to the 2014 GNSO Review

Wolf-Ulrich Knoben, seconded by Rafik Dammak, proposed a motion to adopt the Proposed Implementation Plan for Recommendations relating to the 2014 GNSO Review.

WHEREAS,

  1. The second independent review of the GNSO commenced in 2014.
  2. The Final Report of the independent examiner was published on 15 September 2015 (see https://www.icann.org/en/system/files/files/gnso-review-final-15sep15-en.pdf) and contained 36 recommendations in the areas of: participation & representation, continuous development, transparency and alignment with ICANN's future.
  3. The GNSO Council adopted the GNSO Review Recommendations Feasibility and Prioritization analysis (see: http://gnso.icann.org/en/drafts/review-feasibility-prioritization-25feb16-en.pdf) on 14 April 2016 with the modification of Recommendation 21, that the council recommends staff working with the GNSO to institute methods of information sharing of highly relevant research related to gTLDs to help the GNSO community members increase their knowledge base (low priority).
  4. On 25 June, the ICANN Board accepted the Final Report from the independent examiner, taking into account the GNSO Working Party's Feasibility and Prioritization Analysis of the GNSO Review Recommendations, adopted with modifications by the GNSO Council, the Board adopts thirty-four (34) recommendations of the Final Report (i.e. all recommendations excluding recommendations 23 and 32).
  5. Furthermore, the Board requested that the GNSO Council convene a group that oversees the implementation of Board-accepted recommendations. An implementation plan, containing a realistic timeline for the implementation, definition of desired outcomes and a way to measure current state as well as progress toward the desired outcome, shall be submitted to the Board as soon as possible, but no later than six (6) months after the adoption of this resolution.
  6. The GNSO Council requested that ICANN policy staff prepare a discussion paper that outlines the possible options for dealing with the implementation of the GNSO Review recommendations following adoption by the ICANN Board taking into account the past implementation of the GNSO Review as well as existing mechanisms such as the SCI, the GNSO Review Working Party and other applicable best practices and lessons learned from past reviews. This discussion paper was submitted to the GNSO Council on 20 June 2016 (see http://gnso.icann.org/en/drafts/review-implementation-recommendations-discussion-paper-20jun16-en.pdf).
  7. The GNSO Council reviewed and discussed next steps during the ICANN meeting in Helsinki where it was proposed to repurpose the SCI as a Working Group to develop the requested implementation plan as outlined in the staff discussion paper.
  8. On 21 July 2016 the GNSO Council approved a motion to adopt the charter for the GNSO Review Working Group and directed the Working Group to submit the proposed implementation plan to the GNSO Council for approval at the latest by the ICANN57.

RESOLVED

  1. The GNSO Council adopts the implementation plan.
  2. The GNSO Council directs staff to submit the implementation plan to the ICANN Board for its consideration.
  3. Following approval of the implementation plan by the ICANN Board of Directors, the GNSO Council directs the GNSO Review Working Group to execute and oversee the implementation of the recommendations as specified in the implementation plan, and to provide the GNSO Council with regular status updates (at a minimum prior to every ICANN meeting) on the status of implementation, including an overview for which recommendations implementation is considered complete. As part of this status update, the GNSO Review Working Group should also identify any questions and/or concerns that may have arisen during the implementation that would require further guidance.

The Council was reminded of the timeframe of the GNSO Review Implementation and recognised Jen Wolfe's work as GNSO Review Working Party Chair.

The motion passed unanimously by voice vote.

Voting results

Action item:

  • Staff to transmit Implementation Plan to ICANN Board
  • Following Board approval of the Implementation Plan, GNSO Review Working Group to execute and oversee the implementation, provide the GNSO Council with regular status updates (at a minimum prior to every ICANN meeting), and identify any concerns for which further guidance may be needed

Item 7. COUNCIL DISCUSSION – GNSO Council Response to Proposed Scope of the Forthcoming Registration Directory Services (RDS) Review (formerly the Whois Review)

Councilors were reminded of the context of work regarding the Registration Directory Services (RDS) Review Charter and of the concern of overlap with the work of the Next-Generation gTLD Registration Directory Services to Replace Whois PDP Working Group in regards to the Bylaws Section 4.6.

A discussion was held on the Bylaws sections referring to the RDS Review Team and the Organization for Economic Co-operation and Development (OECD) Guidelines.

There was general agreement for proceeding given that the deadline has already been extended several times, prompting the Council to adopt a tight deadline for comments from Stakeholder Groups and Constituencies on the draft Council response posted to the list one day before the meeting.

Action item:

  • Councilors to provide input (including from Stakeholder Groups and Constituencies) to Council mailing list by Wednesday 21 December
  • Councilors to finalize discussions on the mailing list by close of business Los Angeles time on Thursday 22 December
  • Policy Staff to send Council response to Review Team support staff on Friday 23 December

Item 8. COUNCIL DISCUSSION – Proposal for a Uniform Selection of GNSO Representatives to Future Review Teams, and Selection of GNSO Representatives to the Second Security, Stability & Resiliency Review Team

The Council discussed the proposed set of criteria and a uniform process for selection of GNSO representatives to all future Review Teams, with the aim of having a standing process and standing committee for future selections.

Regarding the selection of GNSO representatives to the Second Security, Stability and Resiliency Review Team, a team, consisting of GNSO Council Leadership and Susan Kawaguchi, will evaluate the slate of applications received with the goal of coming back to council with a recommended slate of members for adoption at the next Council meeting on 19 January 2017.

Action items:

  • Small team comprising GNSO Council leadership, Susan Kawaguchi and Ed Morris (or Ed's alternate) to meet to come up with proposed way forward by Friday 23 December, and to meet again in the first week of January to discuss candidates
  • Small team to propose selected slate of GNSO representatives to the Council by 9 January
  • Council to finalize appointment of GNSO representatives at the Council meeting of 19 January

Item 9: COUNCIL DISCUSSION – Planning for ICANN58

Highlights of the discussion:

  • – Desired reduction in number of High Interest Topics, with selection of High Interest Topics to be discussed among Stakeholder Groups (SGs) and Constituencies (Cs)
  • – Insistence on review of GNSO schedule by SGs and Cs prior to it being submitted to meetings team.

Action items:

  • Council to finalize proposed block schedule for GNSO sessions
  • Council to work with Stakeholder Group/Constituency leaders to consider SG/C requests for meeting slots in view of the block GNSO schedule, prior to sending block schedule back to ICANN Meetings Team

Item 10: ANY OTHER BUSINESS

10.1 – Hold on request of SO/AC Support Team Leader

Glen de St Géry, SO/AC Support Team Leader, announced her transition out of her current role and that this would be her last Council meeting. The GNSO Council recognized her considerable contribution to Councils past and present.

There were no other items of business.

Heather Forrest, GNSO Council vice-chair, adjourned the GNSO Council teleconference and thanked everyone for participating.

The meeting was adjourned at 14:09 UTC.

The next GNSO Council Meeting will take place on Thursday 19 January 2017 at 21:00 UTC

For other places see: http://tinyurl.com/zocj4py