Minutes of the GNSO Council Meeting 20 December 2012

Last Updated: 4 January 2013
Date: 
20 December 2012

Agenda and Documents

The meeting started at 15:00UTC.
http://tinyurl.com/bz42k3j

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- absent, apologies, proxy to Jeff Neuman
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, absent, apologies, temporary alternate Norbert Klein, Magaly Pazello- absent, apologies, Wendy Seltzer, Joy Liddicoat, David Cake, Wolfgang Kleinwächter
Nominating Committee Appointee (NCA): Lanre Ajayi

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

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
Glen de Saint Géry – GNSO Secretariat
Eric Evrard – Systems Engineer
Denise Michel – Vice President Strategic Initiatives

Guest:
Jean-Francois Baril

MP3 Recording
Adobe Chat Transcript
Transcript

Item 1: Administrative matters

1.1 Roll Call

1.2 Statement of interest updates

1.3 Review/amend agenda

1.4. Note the status of minutes for the previous Council meeting GNSO Council meeting 15 November 2012 were approved effective 29 November 2012 per the GNSO Operating Procedures.

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

Updates:

  • Wolf-Ulrich Knoben commented that the Standing Committee for the GNSO Improvements (SCI) had elected Ron Andruff as Chair and Avri Doria as vice chair. After consultation in the working group and with the Council leaders, the motion before Council on the suspension ofa Policy Development Process – Proposed revision of the GNSO PDP Manual, Item 6, was withdrawn for further discussion to take place on the topic.
  • Thomas Rickert informed the Council that theProtection of Intergovernmental Organization Names in New gTLDs was meeting regularly every week and had had divided into three sub-groups, a) qualification criteria, b) eligibility checks and c) protections to facilitate the work. Council can expect an interim report at the next Council meeting in January 2013.
  • Margie Milam informed the Council that the pre-study "survey" on Proxy/Privacy "Relay" and "Reveal" – final report [PDF, 1.23 MB] has been published and over reaching issues in Whois.

Item 2: Introductory Remarks from New Chair

http://gnso.icann.org/en/correspondence/presentation-council-20dec12-en.pdf

Item 3: Consent agenda

No item on consent agenda

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

The motion before Council was voted on at the GNSO Council meeting on 15 November 2012 and did not carry. (See voting results: http://gnso.icann.org/en/council/gnso-council-voting-igo-ingo-15nov12-en.pdf) Councillors were given the opportunity to express their views on the same motion being presented a second time.

Brian Winterfeldt seconded by Jeff Neuman proposed a motion to recommend protections in the first round of new gTLDs for certain Red Cross / Red Crescent (RCRC) and International Olympic Committee (IOC) names:

WHEREAS:

The Board Resolution 2011.06.20.01, authorized "the President and CEO to implement the new gTLD program which includes...incorporation of text concerning protection for specific requested Red Cross and IOC names for the top level only during the initial application round, until the GNSO and GAC develop policy advice based on the global public interest,..." (http://www.icann.org/en/groups/board/documents/resolutions-20jun11-en.htm)

The IOC/RC Drafting Team established 1 November 2011 by the GNSO Council has considered a number of different options with respect to protections of both the IOC and the RCRC terms in response to the GAC proposal to provide permanent protection for such terms including at the second level in new gTLDs;

The solution proposed by the IOC/RC Drafting Team, to initiate a PDP and to provide temporary reservation of the exact match IOC/RC names, was posted for public comment on 28 September 2012 and closed on 9 November 2012;

The GNSO has now (17 October 2012) initiated a policy development process (PDP) to evaluate possible protections for certain international organization names in all gTLDs, including, specifically, whether to recommend policies to protect IOC/RCRC names; and

Therefore, the IOC/RC Drafting Team recommends that the GNSO Council recommend to the Board that it adopt the second recommendation of the IOC/RC Drafting Team, providing for temporary reservation of the exact match IOC/RC names, prior to the delegation of the first round of new gTLDs.

NOW THEREFORE, BE IT RESOLVED:

That the GNSO Council adopts the IOC/RC Drafting Team's recommendation to temporarily reserve the exact match of IOC and RCRC second level domain names listed in Section 2.2.1.2.3 of the Applicant Guidebook and per the GAC recommendation of 14 September 2011 pending the outcome of the recently launched policy development process involving International Governmental and Non-governmental Organizations.

That the GNSO Council thanks the members of the IOC/RC Drafting Team for their efforts in producing these recommendations, and hereby disbands the IOC/RC Drafting Team; and

That the Chair of the GNSO Council is authorized to forward these recommendations to the ICANN Board.

The motion carried.

Voting results:
http://gnso.icann.org/en/council/voting-igo-ingo-20dec12-en.pdf

Action Item:

Refer the issue of presenting a defeated motion in the same form to Council a second time to the Standing Committee for GNSO Improvements Implementation (SCI). Joy Liddicoat to draft a text with specifically formulated questions for the SCI to consider.

Item 5: MOTION – Consumer Trust

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.

Wendy Seltzer suggested amending the motion by removing the first resolved clause:
"RESOLVED, the GNSO Council endorses there commendations for establishing the definition, measures and three-year targets for those measures for competition, consumer trust and consumer choice in the context of the domain name system as described in the Final Advice Letter."

The amendment was not considered friendly and Council voted to on the amendment.

The amendment did not carry.

See voting results:
http://gnso.icann.org/en/council/voting-cci-amendment-20dec12-en.pdf

John Berard, seconded by Osvaldo Novoa proposed a motion on the Adoption of a Working Group on Consumer Trust, Consumer Choice, and Competition (CTCCC)

Whereas, on 10 December 2010, the ICANN Board adopted Resolution 30 (http://www.icann.org/en/minutes/resolutions-10dec10-en.htm) requesting advice from the GNSO, ccNSO, ALAC and GAC on establishing the definition, measures, and three-year targets for those measures, for competition, consumer trust and consumer choice in the context of the domain name system (DNS), such advice to be provided for discussion at the ICANN International Public meeting in San Francisco from 13-18 March 2011;

Whereas, the GNSO Council approved the Charter (http://gnso.icann.org/drafts/cci-charter-07sep11-en.pdf) for a Consumer Choice, Trust, and Competition Working Group (CTCCCWG) to produce an Advice Letter for consideration by Supporting Organizations(SOs) and Advisory Committees (ACs) to assist them in responding to the Board request for establishing the definition, measures, and three-year targets for those measures, for competition, consumer trust and consumer choice in the context of the domain name system;

Whereas, the CCI WG created a draft Advice Letter and posted it for Public Comment (http://www.icann.org/en/news/public-comment/cctc-draft-advice-letter-23feb12-en.htm);

Whereas, the CCI WG reviewed all Public Comments and feedback from public sessions and produced a Final Advice Letter (http://gnso.icann.org/en/issues/cctc/cctc-final-advice-letter-05dec12-en.pdf) for consideration by the SOs and ACs.

NOW THEREFORE, BE IT:

RESOLVED, the GNSO Council endorses there commendations for establishing the definition, measures and three-year targets for those measures for competition, consumer trust and consumer choice in the context of the domain name system as described in the Final Advice Letter.

RESOLVED FURTHER, the GNSO Council approves the delivery of the Final Advice Letter to the ICANN Board.

RESOLVED FURTHER, the GNSO Council thanks the CTCCC WG members for their diligence and persistent efforts on this important topic and disbands the Working Group.

The motion carried.

See voting results:
http://gnso.icann.org/en/council/voting-cci-20dec12-en.pdf

Wendy Seltzer was invited to make her position clear to the Council and send comments to the Board.

Jeff Neuman thanked the Working Group for their hard work.

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

The motion was withdrawn

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

Margie Milam presented the Council with a brief overview of the Trademark Clearinghouse (TMCH) Strawman Proposal and Defensive Registrations Discussion
Jonathan Robinson reminded the Council of Fadi Chehadé's recent letter.

Highlights from the discussion:

Council should wait for the public comment period on the Strawman Proposal to close before commenting.

All views should be expressed in the letter to Fadi, those in favour of the proposal and those against as well as minority views.

Flexible and open brainstorming is going to be absolutely mandatory to how ICANN addresses policy and other problems, but it would be more desirable for the Council to initiate such a process.

NCSG supports the drafted letter, but urges that it be sent quickly and responsively from as many in council who can support it because it is an important statement of the Council's role in this process.

It should be made clear that policy issues need to be handled where they are supposed to under the Bylaws, which is the GNSO.

On the point regarding additional "expansion of TM rights beyond law": not only would this impact the community, as indicated in the current draft of the letter, it has implications beyond just its impact on the DNS and registrants/users. In other words, it could amount to an expansion of TM rights through a private mechanism outside the traditional judicial-legal boundaries of authoritative institutions (e.g. courts, legislatures, treaties.)

It may be worth noting the existence of a Council-passed resolution mandating review of ALL the RPMs, from the UDRP to the new RPMs introduced for new gTLDs, after 18 months from the delegation of the first new gTLD. As such, the expansion of policy and/or changing the scope of agreed-upon RPMs is both premature and untested, and if the IPC-BC believes these are necessary and urgent, the solution is NOT to introduce them post-hoc but to agree to an accelerated review of ALL RPMs for both current and new gTLDs.

It was suggested that a drafting team should be put in place to craft a well thought out response.

Jonathan Robinson suggested a twofold approach:
a shorter form of a letter that is sent initially, in a short time frame, emphasizing the Council's role and views on policy versus implementation.
a slower response on the substance of the straw man in the timeframe Fadi Chehadé's letter has permitted and which will allow the public comment process to proceed.

Action Item:

Jonathan Robinson to prepare the shorter form initial response to Fadi Chehadé's letter.

Item 8: UPDATE – Response to the GAC letter

Jeff Neuman referred to the draft letter that was published on the Council mailing list and provided some background with regard to the discussion on policy versus implementation.

Jonathan Robinson suggested a formal and informal approach to dealing with the situation and encouraged Councilors who have established relationships with GAC members to make them aware, through informal means of the seriousness with which the Council takes the GAC's input. There was consensus that the GAC should receive a formal response from the GNSO by mid-January 2013.

Action Item:

Jonathan Robinson to communicate after the Council meeting with the GAC chair, Heather Dryden to inform her that a detailed response to the GAC letter can be expected by mid-January 2013.

Item 9: UPDATE – ATRT2 Developments

Wolf-Ulrich Knoben informed the Council of the deadline for applicants to serve on the next Accountability and Transparency Review Team (ATRT) which has been extended until 14 January 2013. (See: http://www.icann.org/en/news/announcements/announcement-03dec12-en.htm).

Action Item:

Wolf-Ulrich Knoben volunteered to:

  • send a letter out to the stakeholder group leadership indicating and reminding of them of the GNSO process and encourage applicants
  • send a letter to the GAC chair, Heather Dryden and the chairman of the Board Steve Crocker to remind them of the request for four GNSO slots.

In addition the timing issue for endorsement was highlighted in that a short special meeting of the Council may be needed between the 17 January Council meeting and the deadline for selection for the Council to endorse applicants.

Item 10: UPDATE – Next Steps- WHOIS Board Resolution

Denise Michel introduced Jean-Francois Baril who will be the lead facilitator of the expert working group to help lay the foundations for the new policy development work following the ICANN Board resolution 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.
http://gnso.icann.org/en/correspondence/presentation-whois-update-20dec12-en.pdf

Highlights from the comments:

  • the IPC stressed the importance of Whois data to help protect intellectual property rights and
  • look forward to more information and timelines as the work progresses
    the NCSG encouraged focus on registrants rights and in particular the specific human rights issues.
  • mention was made of the overlap with the work being done on the Internationalization Registration Data (IRD) and the prioritization of IDN's applications.

Item 11: INFORMATION – GNSO Council Review and SIC Update

Deferred

Item 12: Any Other Business

12.1 Council approved John Berard as the Liaison to ccNSO.

Jonathan Robinson adjourned the GNSO Council meeting and thanked everyone for their participation.

The meeting was adjourned at 17:50 UTC.

The next GNSO Council meeting will take place on Thursday, 17 January 2013 at 20:00 UTC.
See: Calendar