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Minutes of the GNSO Council Public Meeting in Beijing 10 April 2013

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Date

Agenda and Documents

Meeting Times 07:15 UTC
http://tinyurl.com/cu3adns

Coordinated Universal Time 07:15 UTC
00:15 Los Angeles; 03:15 Washington; 08:15 London; 09:15 Paris; Beijing 15:15; 19:15 Wellington

MP3 Recordings

http://audio.icann.org/meetings/beijing2013/gnso-council-10apr13-en.mp3
http://audio.icann.org/meetings/beijing2013/gnso-council-10apr13-ar.mp3
http://audio.icann.org/meetings/beijing2013/gnso-council-10apr13-es.mp3
http://audio.icann.org/meetings/beijing2013/gnso-council-10apr13-fr.mp3
http://audio.icann.org/meetings/beijing2013/gnso-council-10apr13-ru.mp3
http://audio.icann.org/meetings/beijing2013/gnso-council-10apr13-zh.mp3

Transcript

15:00- 16:00 GNSO Council Public Forum

Presentations by Stakeholder Groups and Constituency Leaders

gTLD Registries Stakeholder Group

Keith Drazek Registries Stakeholder Group chair, reported that following recent proposed changes to the draft new gTLD registry agreement, the Registries Stakeholder group has formed an ad hoc negotiating team to discuss internally but also with ICANN staff and legal, possible language and next steps on the new gTLD registry agreement. However no final decision will be made without going back to the Registries Stakeholder group.

The Registry Stakeholder group on the 9th April unanimously voted to select Bruce Tonkin to continue in his role as ICANN Board Director (Seat number 13, from the Contracted Parties House Board).

Registrars Stakeholder Group

Matt Serlin Registrars' Stakeholder Group chair, reported that significant progress has been made on the Registrar Accreditation Agreement, especially over the GNSO sessions during the weekend where an agreement in principle on last remaining items was reached between ICANN staff and the Registrar negotiating team. The Registrar Stakeholder Group has also decided to reselect Bruce Tonkin for seat 13 on the ICANN Board.

Non-Commercial Stakeholder Group:

Robin Gross Noncommercial Stakeholder Group chair, reported that there is concern that senior staff seem to circumvent the bottom-up community-driven multi-stakeholder policy development process. This was discussed with the Board, the Council and the Non Commercial Stakeholder group. The NCSG also met with some members of the Accountability and Transparency Review Team to learn how they could better contribute to the process. The NCSG had the opportunity to speak with Stephanie Perrin (the only data protection expert on the WHOIS Expert Working Group). The NCSG has been working on developing a positive statement of Registrant Rights and Responsibilities, to include more topics like privacy and due process protections for residents and no censorship of domain names.

Non-Commercial Users Constituency (NCUC)

Bill Drake Non-Commercial Users Constituency chair, reported that the NCUC endorsed what Robin Gross said regarding policy decisions and activities. Adding that, since the election in December, there has been an ongoing effort to engage more with the Council and Working Groups, to mobilize volunteers and to organize teams. Membership has grown.

Commercial and Business Users Constituency (BC)

Elisa Cooper Commercial and Business Users Constituency chair, reported that the BC held talks with businesses covering several issues such as the use of the trademark clearinghouse and an initiative that some of the dot brand applicants will be engaged in. The Business Constituency will move forward with an interest group within the Business Constituency to focus on emerging market stakeholder engagement. Elisa emphasized that many BC members have grave concerns about having both singular and plural versions of the same TLDs in the root.

Intellectual Property Constituency (IPC)

Kristina Rosette Intellectual Property Constituency chair, reported that the IPC is waiting for the opportunity to review the language of the RAA. The IPC received briefings on compliance, the status of the trademark clearinghouse and the URS, information from the NomCom, a discussion of the replacement of the WHOIS protocol, and some of the cross-implications that there may be with the Expert Working Group on Directory Services.

Internet Service Providers and Connectivity Providers (ISPCP)

Tony Holmes Internet Service Providers and Connectivity Providers constituency chair, reported that the ISPCP met with the SSAC covering various issues including SSAC 45. The ISPCP also focused on ICANN's African strategy with Mike Silber from the Board. They reviewed meetings which had taken place since the last ICANN meeting including the inter-sessional meeting in Los Angeles and a meeting held with Fadi Chehadé the CEO, and a number of ISPs.

Not-for-Profit Operational Concerns Constituency (NPOC)

Alain Berranger Not-for-Profit Operational Concerns constituency chair, reported that the NPOC had produced an annual report covering NPOC activities for 2012 and participated in the Internet Governance Forum focusing on the participation of the social sector. As a result of the NCSG executive committee meeting in Toronto, intra-stakeholder group issues are now seriously being addressed.

The NPOC has members who are participating in six working groups; Poncelet Illeleji was selected as a member of the meeting strategic working group. The NPOC also produced an outreach plan for calendar year 2013 for NGOs and not-for-profits to increase their understanding of ICANN's mission. The regional focus in 2013 is Africa and two of their newest members from Africa participated in the Addis Ababa meeting on the African Top-level Domain Name workshop on the DNS industry in Africa, the parallel event on the multistakeholder model and the Internet Governance in Africa event. The 2013 NPOC election is currently being held.

NPOC is working on two initiatives: "I Inform Alliance" and creating awareness in developing countries of the importance of gTLD registration in the second round.

Item 1: Administrative matters

1.1 Roll Call

Nominating Committee Appointee – Non Voting – Jennifer Wolfe

Contracted Parties House
Registrar Stakeholder Group: Yoav Keren, Mason Cole, 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): Zahid Jamil, John Berard, Petter Rindforth, Brian Winterfeldt, Osvaldo Novoa and Wolf-Ulrich Knoben

Non Commercial Stakeholder Group (NCSG): Joy Liddicoat, David Cake, Wendy Seltzer, Wolfgang Kleinwächter, Maria Farrell, absent – temporary alternate Milton Mueller, Magaly Pazello, absent – temporary alternate Brenden Kuerbis

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,
Marika Konings – Senior Policy Director,
Berry Cobb – Policy consultant
Steve Sheng – Policy Director
Glen de Saint Géry – GNSO Secretariat
Margie Milam – Senior Policy Counselor

1.2 Statement of interest updates
No Updates

1.3 Review/amend agenda

1.4. Note the status of minutes for the previous Council meeting per the GNSO Operating Procedures:

Draft Minutes of the GNSO Council meeting 14 March 2013 approved on 30 March 2013.

1.5. GNSO Projects List & Action items
It was noted that the Council has appointed Volker Greimann as liaison to the IRTP part D working group.

Item 2: Opening Remarks from Chair

Jonathan Robinson emphasized three key focal points in his strategy for effective working of the Council:

  • Effective and efficient functioning; an ongoing theme epitomized by the use of an action list
  • Constructive working relationships  between the councilors
  • Development of relationships external to the Counsel within the broader multi-stakeholder model.

Some of the topics which the Council will be considering going forward are the policy and implementation issue and the GNSO review.

Jonathan'sconcluding remarks were to embrace a forward-looking and agile culture, which is already being spoken about, to accept appropriate change but, nevertheless, to stick within some very hard work that has been done to produce the right processes that the GNSO has in its policy making processes.

Item 3: Consent agenda

No items on the Consent agenda

Item 4: MOTION – The Trademark Clearing House "Strawman Solution"

Milton Mueller, in the absence of Maria Farrell, introduced the motion and ultimately withdrew the motion. Considerable discussion emphasised the role of the Council as the policy making body and the necessity for this role to be acknowledged in the multi stakeholder model.

Action Item:

Jonathan Robinson undertook to make a statement during the Public Forum and if necessary, to write a letter emphasizing the points made in the discussion, and would consider if any future motions are necessary, should those two courses of action be unsatisfactory.

Item 5: MOTION – Policy Concerns Regarding the Registrar Accreditation Agreement

Wendy Seltzer withdrew the motion.

Whereas the most recently posted draft Registrar Accreditation Agreement (RAA) has raised serious concerns of policy among most of the stakeholder groups in the GNSO [see Minutes of March call http://gnso.icann.org/en/meetings/minutes-council-14mar13-en.htm];

Whereas ICANN negotiators have held it out as a blocker to the implementation of the New gTLD Program;

Resolved, Council recommends that ICANN permit registrars to extend the rights and obligations in the current RAA and its renewals to new gTLDs until such time as the GNSO adopts a consensus supporting the policy changes in any proposed new RAA.

Action Item:

Consider referring the timing of motions, business vs. calendar days, as well as time, to the Standing Committee on GNSO Improvements Implementation.

Item 6: UPDATE & DISCUSSION – Initiation of a Policy Development Process (PDP) on the Translation and Transliteration of Contact Information

Steve Sheng updated the Council on the Final Issue Report translation and transliteration of contact information which recommends that the GNSO Council should initiate a Policy Development Process (PDP) limited to the issues discussed in this report but delay the next steps in the PDP until the Expert Working Group on gTLD Directory Services completes its recommendations, in May 2013 with a possible extension, in order to ensure that the resulting policy recommendations would be consistent with any new model or approaches to contact data that may result from the Expert Working Group's deliberations. However after an update from the Expert Working Group, the Council may consider not delaying any of the steps of the PDP, because it is quite possible that the work done by the PDP working group, could be helpful to the Expert Working Group.

Next Steps:
Motion to be placed before Council.

Item 7: UPDATE & DISCUSSION – Preliminary Final Issue Report on Uniformity of Reporting

Berry Cobb provided the Council with a presentation of the Final Issue Report on the current state of uniformity in the mechanisms to initiate, track, and analyse policy-violation reports.

Next Steps:
Motion to be placed before Council.

Item 8: UPDATE & DISCUSSION – Policy vs. Implementation.

Marika Konings updated the Council on the community discussion and workshop in Beijing.

Proposed community suggestion for next steps:

The chairman of the GNSO Council, to reach out to other Supporting Organisations and Advisory Committees to determine whether there is any interest in joining the GNSO in a community-wide working group or drafting team to explore and develop an agreed position on the issues.

Item 9: UPDATE & DISCUSSION – Template to request an Issues Issue Report

Discussion deferred to the GNSO Council Wrap-Up session.
http://beijing46.icann.org/node/37201

Item 10: Any Other Business

Suggestions for the GNSO Council Wrap-Up Session on Thursday 11 April 2013

  • Items coming out of GAC meeting
  • Information channels for review of RAA / new gTLD agreement
  • Plural vs. Singular new gTLDs and lack of information about how the string similarity panels came to their decisions.
  • Lack of interest on IDN issues – how to promote next steps / action (could ask staff to keep Council appraised as a special topic)

Mason Cole and Thomas Rickert thanked Staff and the Council leadership for the preparation and guidance through the ICANN meetings.

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

The meeting was adjourned at 18:15 Local time (10:15 UTC)

The next GNSO Council meeting will take place on Thursday, 16 May 2013 at 18:00UTC.
See: Calendar