Minutes of the GNSO Council Meeting 17 January 2013

Last Updated: 2 February 2013
Date: 
17 January 2013

Agenda and Documents

The meeting started at 20:02UTC.
http://tinyurl.com/ado9n7t

List of attendees: NCA – Non Voting – Jennifer Wolfe

Contracted Parties House
Registrar Stakeholder Group: Mason Cole, Yoav Keren, Volker Greimann
gTLD Registries Stakeholder Group: Jeff Neuman, Jonathan Robinson, Ching
Chiao
Nominating Committee Appointee (NCA): Thomas Rickert

Non-Contracted Parties House
Commercial Stakeholder Group (CSG): Wolf-Ulrich Knoben, Zahid Jamil, John Berard, Osvaldo Novoa, Brian Winterfeldt, Petter Rindforth
Non Commercial Stakeholder Group (NCSG): Maria Farrell, Joy Liddicoat - absent, apologies, temporary alternate Norbert Klein, Magaly Pazello, Wendy Seltzer, David Cake, Wolfgang Kleinwächter
Nominating Committee Appointee (NCA): Lanre Ajayi

GNSO Council Liaisons/Observers:
Alan Greenberg – ALAC Liaison
Han Chuan Lee– ccNSO Observer - absent

ICANN Staff
David Olive - VP Policy Development
Rob Hoggarth - Senior Policy Director
Margie Milam - Senior Policy Counselor
Marika Konings - Senior Policy Director
Barbara Roseman – Policy Director
Berry Cobb – Policy consultant
Carlos Reyes – Policy Analyst
Lars Hoffmann – Policy Analyst
Glen de Saint Géry - GNSO Secretariat
Alexander Kulik – Systems Engineer

MP3 Recording
Adobe Chat Transcript
Transcript

Item 1: Administrative matters

1.1 Roll Call

1.2 Statement of interest updates
Wolf-Ulrich Knoben indicated that his statement of interest would be updated in the next few days.

1.3 Review/amend agenda
No amendments to the agenda

1.4. The minutes for the GNSO Council meeting 20 December 2012 were approved effective on 2 January 2013.

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

Thomas Rickert provided a brief overview of the IGO-INGO PDP working group and encouraged input and participation from Councillors and from members of their constituencies and /or stakeholder groups.

Item 2: Opening Remarks from Chair
The chair opened the Council meeting with a short presentation reviewing the focus areas and provided updates on specific key themes / topics.

Item 3: Consent agenda
There were no items on the consent agenda.

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

Mason Cole, seconded by John Berard and Osvaldo Novoa proposed a motion to initiate a Policy Development Process (PDP) on the Inter-Registrar Transfer Policy (IRTP) Part D.

Whereas
The Inter-Registrar Transfer Policy (IRTP) is an existing consensus policy under review by the GNSO;

The GNSO Transfers Working Group identified a number of issues in its review of the current Policy and those issues have been grouped into suggested PDPs, set A-E, as per the Council's resolution of 8 May 2008;

The GNSO Council requested an Issue Report on IRTP Part D at its meeting on 17 October 2012 (seehttp://gnso.icann.org/en/resolutions#20121017-4);

A Preliminary Issue Report on IRTP Part D was published on 14 November 2012 for public comment (seehttp://www.icann.org/en/news/public-comment/irtp-d-prelim-issue-report-14nov12-en.htm).

A Final Issue Report on IRTP Part D was published on 8 January 2012 (see: http://gnso.icann.org/en/issues/issue-report-irtp-d-08jan13-en.pdf)

The Final Issue Report recommends that the GNSO Council proceed with a Policy Development Process limited to consideration of the issues discussed in this report, and the General Counsel of ICANN has indicated the topic is properly within the scope ofthe ICANN policy process and within the scope of the GNSO

RESOLVED:

The GNSO will initiate a PDP on the issues defined in the Final Issue Report on the Inter-Registrar Transfer Policy Part D
http://gnso.icann.org/en/issues/issue-report-irtp-d-08jan13-en.pdf

A Working Group will be created for the purpose of fulfilling the requirements of the PDP.

The motion carried unanimously.
Voting results: http://gnso.icann.org/en/council/voting-irtp-d-17jan13-en.pdf

Action Item:
Initiate the Policy Development Process and issue a call for volunteers for the IRTP D Working Group

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

Mason Cole seconded by Yoav Keren proposed a motion to approve a Charter for the Inter-Registrar Transfer Policy (IRTP) Part D Working Group (WG)

Whereas

On 17 January 2013 the GNSO Council initiated a Policy Development Process (PDP) on the Inter-Registrar Transfer Policy (IRTP) Part D and decided to create a PDP Working Group for the purposes of fulfilling the requirements of the PDP;

The GNSO Council has reviewed the charter.

RESOLVED,

The GSNO Council approves the charter and appoints [to be confirmed] as the GNSO Council Liaison to the IRTP Part D PDP Working Group.

The GNSO Council further directs that the work of the IRTP Part D WG be initiated no later than 14 days after the approval of this motion. Until such time as the WG can select a chair and that chair can be confirmed by the GNSO Council, the GNSO Council Liaison shall act as interim chair.

Charter
The Working Group shall consider the following questions as outlined in the Final Issue Report http://gnso.icann.org/en/issues/issue-report-irtp-d-08jan13-en.pdf and make recommendations to the GNSO Council:

IRTP Dispute Policy Enhancements

a) Whether reporting requirements for registries and dispute providers should be developed, in order to make precedent and trend information available to the community and allow reference to past cases in dispute submissions;

b) Whether additional provisions should be included in the TDRP (Transfer Dispute Resolution Policy) on how to handle disputes when multiple transfers have occurred;

c) Whether dispute options for registrants should be developed and implemented as part of the policy (registrants currently depend on registrars to initiate a dispute on their behalf);

d) Whether requirements or best practices should be put into place for registrars to make information on transfer dispute resolution options available to registrants;

Penalties for IRTP Violations

e) Whether existing penalties for policy violations are sufficient or if additional provisions/penalties for specific violations should be added into the policy;

Need for FOAs

f) Whether the universal adoption and implementation of EPP AuthInfo codes has eliminated the need of FOAs.

The Working Group shall follow the rules outlined in the GNSO Working Group Guidelines http://gnso.icann.org/council/annex-1-gnso-wg-guidelines-07apr11-en.pdf.

The motion carried unanimously.
Voting results: http://gnso.icann.org/en/council/voting-irtp-d-charter-17jan13-en.pdf

Action Item:

  • The GSNO Council approves the charter and calls for a volunteer as the GNSO Council Liaison to the IRTP Part D PDP Working Group.
  • The GNSO Council further directs that the work of the IRTP Part D WG be initiated no later than 14 days after the approval of this motion.

Item 6: GNSO Council Review and Structural Improvements Committee of the Board (SIC) Update
Rob Hoggarth provided the Council with an abridged version of the presentation the Chair of the SIC provided in Toronto as an overview of a new framework for future independent review efforts at ICANN.

Action Item:

Item 7: Trademark Clearinghouse (TMCH) Strawman Proposal and Defensive Registrations Discussion

Divergent points of view were expressed, however on balance there was a desire to formulate a substantive response that emphasises the role of the GNSO and the GNSO Council as well as trying to make a good faith and genuine attempt to answer some of the questions posed by Fadi and within the Strawman proposal, either by providing input in the letter or indicating how the GNSO might respond to those through the development of appropriate policy.

Action Item:
The Council agreed that further work on Mason Cole's initial draft letter of 14 December 2012 was needed. Councillors are invited to join the small group of volunteers, Mason Cole, Maria Farrell, Zahid Jamil, Brian Winterfeldt and John Berard to revise the letter to meet the desired deadline for input no later than 22 February 2013.

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

Action Item:
Council agreed that the initial letter drafted by Jeff Neuman http://gnso.icann.org/mailing-lists/archives/council/msg13928.html
could be tweaked and should include an appendix describing the history of the issue together with a letter from the chair of IGO-INGO Protections Policy Development Process (PDP) Working Group. Once revised and containing the appendices, the letter should be submitted to the Government Advisory Committee (GAC) by the Council's own deadline of the end of January.

Item 9: ATRT2 Developments
(In the interests of time, this item was moved up on the agenda.)
Action Item:

  • Encourage / remind stakeholder groups to provide their endorsements as soon as possible.
  • Schedule a Special Council Meeting on Monday 21 January 2013 at 15:00 UTC.
    - to review the endorsements against diversity criteria.
    - to propose up to two additional candidates if necessary to meet diversity criteria.
    - to announce the list of endorsed candidates to the selectors.

Item 9: INFORMATION & DISCUSION – Policy vs. Implementation

Marika Konings provided Council with a brief overview of the paper Staff drafted to facilitate further community discussions on this topic.

Action Item:
Councillors are encouraged to continue the discussion on the Council mailing list and consider potential next steps.

Item 11: UPDATE & DISCUSSION - Whois Privacy and Proxy Relay and Reveal Study

Deferred to be dealt with on list and / or at the next meeting on 14 February 2013 at 11:00 UTC as appropriate.

As there was no further business, Jonathan Robinson adjourned the GNSO Council meeting and thanked everyone for their participation.

The meeting was adjourned at 22:00 UTC.

The next GNSO Council meeting will take place on Thursday, 14 February 2013 at 11:00 UTC.
See: Calendar