Minutes of the GNSO Council Meeting 31 October 2013

Last Updated: 21 November 2013
Date: 
31 October 2013

Agenda and Documents

The meeting started at 18:02 UTC.
Meeting Times 11:00 UTC
http://tinyurl.com/py4mo84

List of attendees: NCA – Non Voting – Jennifer Wolfe

Contracted Parties House

Registrar Stakeholder Group:
Mason Cole, Volker Greimann
Yoav Keren- joined late,

gTLD Registries Stakeholder Group:
Jonathan Robinson, Ching
Chiao, Jeff Neuman – absent apologies, proxy to 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 – absent - apologies, Brian Winterfeldt, Petter Rindforth

Non Commercial Stakeholder Group (NCSG):
Maria Farrell, Joy Liddicoat, Magaly Pazello, Wolfgang Kleinwächter, Maria Farrell, David Cake, Wendy Seltzer

Nominating Committee Appointee (NCA): Lanre Ajayi

GNSO Council Liaisons/Observers

Alan Greenberg – ALAC Liaison
Patrick Myles - ccNSO Observer

ICANN Staff

David Olive - VP Policy Development
Marika Konings - Senior Policy Director
Rob Hoggarth - Senior Policy Director
Mary Wong – Senior Policy Director
Julie Hedlund – Policy Director
Berry Cobb – Policy consultant
Lars Hoffmann – Policy Analyst
Carlos Reyes - Policy Analyst
Glen de Saint Géry - GNSO Secretariat
Cory Schruth – Systems Engineer

MP3 Recording
Adobe chat transcript
Transcript

Item 1: Administrative matters (5 minutes)

1.1 Roll Call
1.2 Statement of interest updates
No updates to Statements of Interest
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 10 October 2013 were posted as approved on 23 October 2013.

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

Action item:
Remove BGC Recommendation on Reconsideration Request 13-3 from the Action Item list

Item 3: Consent agenda

No items on the consent agenda.

Item 4: MOTION – To approve a charter for the Translation and Transliteration of Contact Information PDP Working Group

At the request of Yoav Keren, Registrars Stakeholder Group, and with the approval of Zahid Jamil who seconded the motion, Jonathan Robinson withdrew the motion. The working group is requested to expedite the additional work.

Action Item:
Motion withdrawn
The Charter Drafting Team (DT) that developed the Charter for the PDP Working Group on the Translation and Transliteration of Contact Information is encouraged to revise the charter with the focus on the scope of the charter and not the outcome of the Policy Development Process.

Item 5: MOTION – Adoption of the Thick Whois Policy Development Process

Final Report and Recommendations

Brian Winterfeldt provided Council with the background of the motion.

Volker Greimann provided Council with a summary of the recommendations.

It was noted that the Working Group was comfortable with the wording and that a legal review was not within the scope of ICANN's internal legal function.

Volker Greimann, seconded by Brian Winterfeldt proposed a motion to adopt the Thick Whois Policy Development Process Final Report and Recommendations

WHEREAS

1. On 14 March 2012, the GNSO Council launched a Policy Development Process (PDP) on Thick Whois to make recommendations to the GNSO Council regarding the use of thick Whois by all gTLD registries, both existing and future.

2. This PDP has followed the prescribed PDP steps as stated in the Bylaws, resulting in a Final Report delivered on 21 October 2013;

3. The Thick Whois PDP WG has reached full consensus on the recommendations contained in the report in relation to Thick Whois;

4. The GNSO Council has reviewed and discussed these recommendations.

Now therefore be it resolved,

1. The GNSO Council recommends to the ICANN Board of Directors the adoption of Thick Whois recommendations as detailed in section 7.1 of the Final Report
http://gnso.icann.org/en/issues/whois/thick-final-21oct13-en.pdf

2. The GNSO Council shall convene a Thick Whois Implementation Review Team to assist ICANN Staff in developing the implementation details for the new policy should it be approved by the ICANN Board. The Implementation Review Team will be tasked with evaluating the proposed implementation of the policy recommendations as approved by the Board and is expected to work with ICANN Staff to ensure that the resultant implementation fulfills the intentions of the approved policy recommendations. If the Implementation Review Team identifies any potential modifications to the policy recommendations or need for new policy recommendations, the Implementation Review Team shall refer these to the GNSO Council for its consideration and follow-up, as appropriate. Following adoption by the ICANN Board of the recommendations, the GNSO Secretariat is authorized to issue a call for volunteers for a Thick Whois Implementation Review Team to the members of the Thick Whois Working Group.

The motion carried by voice vote of all members on the Council call.

Osvaldo Novoa and Yoav Keren were absent and have been sent absentee ballots as provided for in the GNSO Operating Procedures
http://gnso.icann.org/en/council/op-procedures-13jun13-en.pdf

4.4.1 Applicability
Absentee voting is permitted for the following limited number of Council motions or measures.
b. Approve a PDP recommendation

Action Item:
Submit the Thick Whois Final Report and recommendations to the ICANN Board of Directors

Item 6: MOTION – To approve a charter for the Standing Committee on GNSO Improvements Implementation (SCI)

Wolf-Ulrich Knoben, seconded by Maria Farrell proposed a motion to approve a Revised Charter for the Standing Committee on GNSO Improvements Implementation

WHEREAS

1. On 28 April 2011 the GNSO Council approved the charter for the Standing Committee on GNSO Improvements Implementation (SCI);

2. In 2013 the SCI determined that the Charter as originally approved no longer reflected the current role of the SCI as a standing committee, and furthermore did not contain procedures for selecting the Chair and Vice-Chair of the SCI;

3. The SCI requested guidance from the GNSO Council as to how to proceed with revisions to the Charter that would address its concerns;

4. At its meeting on 05 September 2013 the GNSO Council endorsed the SCI as a standing committee and further requested that the SCI proceed to revise the Charter as it may deem necessary, with the exception of the section on Decision Making;

5. The SCI has since revised the Charter to reflect its role as a standing committee and to include procedures to select the Chair and Vice Chair; and

The GNSO Council has reviewed the revised Charter submitted by the SCI.

RESOLVED,

1. The GNSO Council thanks the SCI for its work to date; and

2. The GSNO Council approves the revised SCI Charter at [INSERT LINK] which will replace the previous charter effective immediately upon adoption of this motion

3. The GNSO Council appoints [confirm name] as the GNSO Council Liaison to the Standing Committee on GNSO Improvements Implementation.

The motion carried.
See voting results:
http://gnso.icann.org/en/council/voting-sci-31oct13-en.pdf

Wendy Seltzer noted for the record that the Non-Commercial stakeholders support full consensus and would not want to see that changed and questioned the reference to 'pending potential future changes.'

The GNSO Council decided not to alter the decision-making process at this time, but reserved the possibility of revisiting the discussion on this issue at another time. Thus, the decision-making process of the SCI will continue as it appeared in the original charter: "Unless otherwise determined by the SCI members, committee decisions will be made by "full consensus" process as described in the GNSO Working Group Guidelines (see section 3.6)." A note has been included in the charter that this process is subject to Council consideration.

There were no volunteers for the position of liaison from the SCI to the Council, however, Wolf-Ulrich Knoben suggested Mikey O'Conner as a possible liaison, but it was decided to wait until the new Councillors are seated in Buenos Aires to appoint a liaison.

Action Item
GNSO Council decided to wait to appoint a liaison until after the new Council is seated in Buenos Aires.

Item 7: MOTION – A charter for the Privacy & Proxy Services Accreditation PDP WG

Brian Winterfeldt, seconded by Volker Greimann and as amended by Brian Winterfeldt proposed a motion to approve a Charter for a Policy Development Process (PDP) Working Group for the 2013 Registrar Accreditation Agreement Privacy & Proxy Services Accreditation Issues PDP

WHEREAS

1. When initiating negotiations for the RAA in October 2011 the ICANN Board requested an Issue Report to undertake a GNSO policy development process (PDP) to address remaining items suited for a PDP;

2. In June 2013 the ICANN Board of Directors approved the new 2013 Registrar Accreditation Agreement (RAA);

3. In September 2013 ICANN staff published a paper confirming the Board's approval of the RAA and identifying the remaining high and medium priority issues for the GNSO PDP in light of the RAA negotiations and prior GNSO and other related community efforts as those issues concerning the accreditation of privacy and proxy services;

4. The GNSO Council has reviewed the issues raised in the ICANN staff paper as well as a draft Working Group Charter incorporating those issues and others identified by the GNSO community as suitable for further consideration by the PDP Working Group http://gnso.icann.org/en/drafts/raa-pp-charter-22oct13-en.pdf

RESOLVED,

1. The GNSO Council approves the Charter and appoints Maria Farrell as the GNSO Council liaison to the RAA Privacy & Proxy Services Accreditation Issues PDP Working Group (WG);

2. The GNSO Council directs ICANN staff to issue a call for volunteers for the PDP WG no later than seven days after the approval of this motion; and

3. Until such time as the WG selects a chair for the WG and that chair is confirmed by the GNSO Council, the GNSO Council liaison to the WG shall serve as the interim chair.

The motion carried and the voting results can be seen at
http://gnso.icann.org/en/council/voting-raa-pdp-31oct13-en.pdf

Wendy Seltzer expressed concerns, despite that some of her changes were incorporated, that the draft charter was too broad and would be more comfortable with a narrowly-scoped charter that could assure a conclusion in finite time with finite resources and matching expectations that privacy and proxy services would continue to protect the privacy of registrants.

Action Items:

Staff to issue call for volunteers for the RAA Privacy & Proxy Services Accreditation Issues PDP Working Group.
Maria Farrell volunteered as the GNSO Council liaison to the RAA Privacy & Proxy Services Accreditation Issues PDP Working Group (WG).

Item 8: INPUT & DISCUSSION – Prospective improvements to the Policy Development Process

Highlights of the discussion:

The table of prospective PDP Improvements has been updated to provide reference points to the draft recommendations of the ATRT2 which could afford the opportunity to directly engage with the ATRT2 on these points.

It is important work that should be shared with the broader community, the ICANN Board and the Government Advisory Committee (GAC) to illustrate the GNSO's willingness to continuously improve and what is actually being undertaken.

Provide a report in six months of what suggestions to improve and streamline the policy development process have been tried and the results obtained, so as to determine whether they could become permanent features.
It was emphasized all the suggestions for improvement and streamlining the process are in keeping with the rules in the Policy Development Process Manual and are not aimed at questions in the working group.

Action Item:

Experiment with the suggestions to streamline and improve the Policy Development Process as per the table of prospective PDP Improvements and if they prove to be effective refer such improvements to the Standing Committee on GNSO Improvements Implementation for them to become part of the GNSO Operating Procedures.

Item 9: DISCUSSION – Policy issues surrounding string confusion

Action Item

In light of the response received from the New gTLDs committee the item is considered closed

Item 10: UPDATE & DISCUSSION – Protection of IGO-INGO Identifiers in all gTLDs Policy Development Process

Thomas Rickert provided Council with an overview of the recommendations relating to the protection of IGO-INGO Identifiers in all gTLDs Policy Development Process and emphasized that it was a snapshot of the recommendations as the reply period for public comments is closing on 1 November 2013.

Action Item

Encourage Constituencies and Stakeholder Groups to inform themselves on the recommendations and be well prepared for a potential vote in Buenos Aires.

Item 11: UPDATE & DISCUSSION – Planning for Buenos Aires

Wolf-Ulrich Knoben provided the Council with an updated schedule for the GNSO weekend working sessions.
Jonathan Robinson explained that the GNSO Council meeting would be conducted in two parts in Buenos Aires. One part during a high profile unconflicted slot from 13:00to 15:00 in Libertador C and the second part, dealing with administrative matters from 15:00to 16:30 in Retiro B.
The suggestions made at the Durban wrap-up session will be taken into account in the action items.

Action Items:

  • Proposed that the ATRT2 meeting be scheduled in the second part of the Council meeting from 15:00 - 16:30
  • Maria Farrell and Marika Konings to work on the preparation for this meeting and share discussion on the Council list
  • Jonathan Robinson:
    • formally invite the constituency and stakeholder group chairs to the GNSO weekend working sessions in Buenos Aires
    • inform the constituency and stakeholder group chairs that there will be no updates at the Council meeting but encourage written submissions
    • formally invite the constituency/stakeholder group chairs to participate in part of the New Council induction session on Friday 22 November 2013

In the absence of any other business Jonathan Robinson adjourned the GNSO Council meeting and thanked everyone for their participation.

The meeting was adjourned at 13:05 UTC.

The next GNSO Council meeting will take place on Wednesday, 20 November 2013 at 16:00 UTC. (13:00 ART)

See: Calendar
http://tinyurl.com/oby4lzl