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Minutes of the GNSO Council Meeting 14 April 2016

Last Updated:
Date

Agenda and Documents

Coordinated Universal Time: 21:00 UTC
14:00 Los Angeles; 17:00 Washington; 22:00 London; 20:00 Istanbul; 07:00 Hobart

List of attendees:
NCA – Non Voting – Carlos Raúl Gutierrez 
Contracted Parties House
Registrar Stakeholder Group: James Bladel, Volker Greimann, Jennifer Gore
gTLD Registries Stakeholder Group: Donna Austin, Keith Drazek, Rubens Kühl
Nominating Committee Appointee (NCA): Hsu Phen Valerie Tan - absent, proxy to Rubens Kühl
Non-Contracted Parties House
Commercial Stakeholder Group (CSG): Philip Corwin, Susan Kawaguchi, Wolf-Ulrich Knoben, Tony Harris, Paul McGrady, Heather Forrest
Non-Commercial Stakeholder Group (NCSG): Amr Elsadr, Stephanie Perrin – joined late, David Cake, Stefania Milan, Edward Morris, Marilia Maciel – absent, apologies
Nominating Committee Appointee (NCA): Julf (Johan) Helsingius

GNSO Council Liaisons/Observers:
Olivier Crèpin LeBlond– ALAC Liaison
Patrick Myles - ccNSO Observer - absent 
Mason Cole – GNSO liaison to the GAC

ICANN Staff
David Olive - SVP Policy Development Support
Marika Konings - Senior Policy Director
Rob Hoggarth - Senior Policy Director
Mary Wong – Senior Policy Director
Julie Hedlund – Policy Director
Steve Chan - Senior Policy Manager
Berry Cobb – Policy Consultant
Lars Hoffmann – Policy Manager
David Tait – Policy Analyst
Glen de Saint Géry - GNSO Secretariat
Terri Agnew - Secretariat Services Coordinator, At-Large/GNSO
Josh Baulch - Manager, Meetings Technical Services

Guests:
Charlotte Lindsey-Curtet – Director, International Committee of the Red Cross (ICRC) Geneva
Nigel Hickson – VP for IGO Engagement, ICANN
Rinalia Abdul Rahim – ICANN Board member
Larisa Gurnick - Sr. Director, Multistakeholder Strategy & Strategic Initiatives, ICANN
Yuko Green - Manager, gTLD Operations, ICANN
Charla Shambley - Strategic Initiatives Program Manager, ICAN

MP3 Recording
Adobe Chat Transcript
Transcript

Item 1: Administrative matters (5 minutes)

1.1 – Roll call

1.2 – Updates to Statements of Interest
Susan Kawaguchi noted that Facebook Inc. had acquired a registrar

1.3 – Review/amend agenda.

1.4 – Note the status of minutes for the previous Council meetings per the GNSO Operating Procedures:

Minutes of the meeting of the Special GNSO Council session 29 February 2016 will be posted as approved on 22 April  2016.

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

The next steps were agreed in relation to the following items on the current Action List :

  • SSAC Liaison to/from the GNSO – Limitations on appointing a liaison either to or from the SSAC due to the SSAC membership rules were noted; James to contact SSAC Chair to discuss, including exploring alternatives for ensuring continuing engagement, and report back to the Council by 2 May
  • Possible referral to the SCI regarding voting thresholds – It was noted that this is a longstanding action item that has not been resolved; James to send note to Council to seek interest in pursuing this matter, otherwise it will be closed and removed from the Action List
  • Interaction with the IETF – James to follow up on previous communications with the IETF, including possibility of appointing a liaison
  • Proposed letter on anti-harassment policy – Councilors to send further comments and suggestions to the Council list by Monday 18 April; final version to be agreed by Wednesday 20 April
  • AoC reviews – James to follow up on and inform Council about any feedback received from other SO/AC leaders following SO/AC leadership call on 12 April

Item 3: Consent agenda

No items on the consent agenda.

Item 4: PRESENTATION & DISCUSSION – Possible Next Steps in Resolving the Issue of Permanent Protection of Certain Red Cross Identifiers

Charlotte Lindsey-Curtet, Director, International Committee of the Red Cross (ICRC) Geneva, provided the Council with an overview of the topic and the ICRC's concerns.

Highlights from the discussion:

As background information, at the time of the Council leadership meeting with members of the Red Cross in Marrakech, it was noted that Council leadership was not in a position to make any decisions or take any action on the issue.  The composition of the Council has also changed since the adoption of the consensus recommendations from the original Policy Development Process and the ICANN Board Committee that was dealing with the issue is no longer in existence.

It was noted that the legal basis for the Red Cross organization protections are different from those for International Government Organisations (IGOs).

Action Items:

  • Staff to obtain and circulate presentation by Charlotte Lindsey-Curtet
  • Council to review the Red Cross' request and the recent Briefing Note (http://gnso.icann.org/en/drafts/red-cross-protections-status-30mar16-en.pdf), and discuss next steps on the topic (see Chairs' proposal that follows)
  • Chairs' proposal
    • Council to send letter to the Board enquiring as to current Board view on the topic in light of the disbandment of the NGPC; draft letter to be circulated to the Council list by Friday 22 April

Item 5: VOTE – Approval of Proposed Approach for Implementing Recommendations from the GNSO Review

In accordance with Section 3.3.2 of the GNSO Operating Procedures, the Council first voted unanimously to consider the motion relating to the proposed approach for implementing Recommendations from the GNSO Review that was submitted after the general 10-day deadline, prior to moving to a vote on the motion itself.

The motion carried successfully.
Voting results

Wolf-Ulrich Knoben, seconded by Amr Elsadr, proposed the motion to adopt the GNSO Review Working Party's feasibility and prioritization analysis of the GNSO Review Recommendations

Whereas,

  1. The GNSO Review Working Party was formed to serve as a liaison between the GNSO, the independent examiner and the ICANN Board's Organizational Effectiveness Committee.
  2. Each GNSO Stakeholder Group and Constituency appointed representatives to serve on the Working Party.
  3. The GNSO Review Working Party provided input on the review criteria, 360 assessment and served as a conduit for input from GNSO Stakeholder Groups, Constituencies as well as the GNSO Council.
  4. The GNSO Review Working Party offered guidance to the independent examiner to ensure the draft report accurately reflects the GNSO structure, scope and dynamics.
  5. 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.
  6. The GNSO Review Working Party reviewed the recommendations and conducted a feasibility and prioritization analysis (see: http://gnso.icann.org/en/drafts/review-feasibility-prioritization-25feb16-en.pdf), which it submitted to the GNSO Council on 28 February 2016.
  7. The GNSO Council reviewed the feasibility and prioritization analysis provided by the GNSO Review Working Party.

Resolved,

  1. The GNSO Council adopts the GNSO Review Recommendations Feasibility and Prioritization analysis (see: http://gnso.icann.org/en/drafts/review-feasibility-prioritization-25feb16-en.pdf) 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).
  2. The GNSO Council instructs the GNSO Secretariat, on behalf of the GNSO Council and Chair, to communicate the GNSO Review Recommendations Feasibility and Prioritization analysis to the ICANN Board's Organizational Effectiveness Committee (OEC) and communicate that the GNSO Council expects that the ICANN Board and the OEC will factor in the GNSO Review Recommendations Feasibility and Prioritization analysis as part of its consideration of the GNSO Review Recommendations.
  3. The GNSO Council requests 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.
  4. The GNSO Council thanks the GNSO Review Working Party for its work and hopes its members will continue their contributions as part of the implementation phase.

The motion carried successfully.

Voting results

Action Items:

  • GNSO Secretariat to transmit the adopted Feasibility and Prioritization analysis to the Board's Organizational Effectiveness Committee (OEC) and communicate that the GNSO Council expects that the ICANN Board and the OEC will factor in the analysis as part of its consideration of the GNSO Review Recommendations
  • Staff to prepare a discussion paper outlining possible options for implementation of the GNSO Review recommendations once they are adopted by the ICANN Board (paper to take into account the previous implementation of the GNSO Review, the possible use of existing mechanisms (e.g. SCI, the GNSO Review Working Party) and other applicable best practices and lessons learned from past reviews)
  • Chairs' proposal –
    • GNSO Council to review draft letter (sent to the Council list on Monday 18 April) and send in any additional input by Friday 29 April, in order for any such input to be forwarded to the OEC by Friday 6 May (note: next OEC meeting is scheduled for 15 May)
    • Any additional Council input should be focused on feasibility and prioritization of the recommendations (as approved by the Council), not on implementation matters

Item 6: COUNCIL VOTE – Approval of Procedures Governing the Selection of the GNSO Liaison to the Governmental Advisory Committee

James Bladel, seconded by Jennifer Gore, proposed a motion to confirm the role and process for a GNSO Liaison to the Governmental Advisory Committee

Whereas:

  1. As part of the discussions within ICANN between the GNSO and GAC, on how to facilitate early engagement of the GAC in GNSO policy development activities, the option of appointing a GNSO liaison to the GAC was proposed as one of the mechanisms to explore and implemented as a one-year pilot program in FY15 on the recommendation of the GAC-GNSO Consultation Group.
  2. The GAC and GNSO Council agreed that additional time was needed to fully evaluate this pilot program and as such requested, and received, support for continuing the pilot program in FY16.
  3. The GAC-GNSO Consultation Group reviewed the pilot project (see http://gnso.icann.org/en/drafts/review-liaison-gac-pilot-29feb16-en.pdf) and has recommended to the GAC and GNSO that 'the GNSO Liaison to the GAC, in conjunction with the other improvements recommended by the GAC-GNSO Consultation Group, has positively contributed to the GAC engagement with the GNSO, and recommends that the GNSO Liaison to the GAC is transformed from a pilot project to a permanent role'.
  4. The GAC and GNSO discussed the review of the pilot project during their joint session at the ICANN meeting in Marrakesh.
  5. The GNSO Council reviewed the 'Request for Candidates – GNSO Liaison to the GAC' which includes the proposed call for volunteers, application and evaluation process (see: http://gnso.icann.org/en/drafts/request-liaison-gac-30mar16-en.pdf.)

Resolved:

  1. The GNSO Council hereby confirms that the GNSO Liaison to the GAC is to become a permanent role at the start of FY17 (1 July 2016) and adopts the 'Request for Candidates – GNSO Liaison to the GAC' as the requirements, process and procedures for this role (see: http://gnso.icann.org/en/drafts/request-liaison-gac-30mar16-en.pdf).
  2. The GNSO Council instructs the GNSO Secretariat to distribute the request for candidates to the GNSO Stakeholder Groups and Constituencies in accordance with the timeline outlined in the 'Request for Candidates – GNSO Liaison to the GAC'.
  3. The Council thanks Mason Cole who has been fulfilling this role for the last two years and looks forward to working with him during the remainder of his term.

The motion carried successfully.
Voting results

Action Items:

  • GNSO Secretariat to distribute request for candidates to GNSO Stakeholder Groups and Constituencies in accordance with timeline outlined in the document adopted by the Council that describes the requirements and process for selection ('Request for Candidates – GNSO Liaison to the GAC')
  • Chairs to schedule call at the appropriate time to review candidates list.

Item 7: COUNCIL VOTE – Approval of GNSO Input to the ICANN Board on the GAC's Marrakech Communique

Susan Kawaguchi, seconded by Jennifer Gore, 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 Council developed a template to facilitate this process, which was completed following the publication of the Marrakesh GAC Communiqué by a volunteer and shared with the GNSO Council for its review.
  5. 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 Marrakesh GAC Communiqué (see: http://gnso.icann.org/en/drafts/review-gac-communique-11mar16-en.pdf)) and requests that the GNSO Council Chair communicate the GNSO Review of the Marrakesh 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.

The motion carried successfully.
Voting results

Action Items:

  • James Bladel to communicate the GNSO Council input on the Marrakesh GAC Communiqué to the ICANN Board (note: to be specifically characterized as GNSO Council input and not necessarily representative of the GNSO Stakeholder Groups and Constituencies)
  • James Bladel to inform the GAC Chair and the GAC-GNSO Consultation Group of the communication to the Board

Item 8: COUNCIL APPROVAL – Public Comment on ICANN's FY17 Proposed Budget

Councillors are urged to review the update and summary of comments by the small group consisting of Keith Drazek, Edward Morris and Carlos Raul Gutierrez.

Action Items:

  • List of clarifying questions following any additional input by Councilors to be submitted by small group (Keith Drazek, Carlos Gutierrez, Ed Morris) to ICANN Finance
  • Chairs' proposal –
    • Council to discuss any needed update to the draft comment following any responses received to the list of clarifying questions via the mailing list (note: deadline for public comments – 30 April)

Item 9: DISCUSSION – Implementation of the IANA Stewardship Transition Plan

In the interest of time this item has been deferred to the next Council meeting on 12 May 2016.

Action Items:

  • Donna Austin and staff to confirm if certain items nevertheless need to be discussed prior to the next Council meeting in May
  • Chairs' proposal -
    • Following publication of revised Bylaws for public comment, Council to discuss possible comment
    • Council to begin discussion over the possible need to develop appropriate mechanisms for GNSO participation in the new Empowered Community

Item 10: DISCUSSION – Planning for "Meeting B" (ICANN Policy Forum) (10 Minutes)

Donna Austin provided Council with an update on the schedule for Meeting B, the Policy Forum and referred to the draft schedule which the Meeting Team has published.

Action Items:

  • Donna Austin to update Council on further developments relating to the schedule and planning by Friday 22 April
  • Chairs' proposal -
    • James Bladel to request Councilors to submit their respective Stakeholder Groups/Constituencies meeting plans to facilitate overall coordination
    • Staff to notify Stakeholder Groups/ConstituenciesChairs of meeting requests received for Meeting B

Item 11: DISCUSSION – Status of Cross Community Working Group on Internet Governance

In the interest of time this item has been deferred to the next Council meeting on 12 May 2016.

Action Items:

  • Update on status of Council discussion to be posted to Council mailing list (to facilitate periodic review as mandated by the CCWG-IG Charter)
  • Chairs' proposal
    • Council to continue discussions via mailing list prior to the next Council meeting on 12 May

Item 12: Any Other Business

12.1 – Proposed approach to Expert Working Group on Internationalized Registration Data (IRD) Final Report.

In the interest of time this item has been deferred to the next Council meeting on 12 May 2016.

Action Items:

  • Staff to post update to Council list following receipt of official notification of Board request from the Board resolution in Marrakech

James Bladel adjourned the GNSO Council meeting and thanked everyone for their participation.

The meeting was adjourned at 23:04 UTC.

The next GNSO Council Teleconference will take place on Thursday, 12 May 2016 at 12:00 UTC.
For other places see:
http://tinyurl.com/haro7hn