[council] GNSO Council teleconference21 Oct. draft minutes

["GNSO SECRETARIAT" <gnso.secretariat@xxxxxxxxxxxxxx>]

[To:council[at]gnso.icann.org]

Dear Councillors,

Please find the draft minutes of the GNSO Council meeting held on 21 October
2004.

If you would like any changes made, please let me know.

Thank you.
Kind regards,

Glen

Glen de Saint Géry
GNSO Secretariat
****************************************************
21 October 2004

Proposed agenda and related documents

List of attendees:
Philip Sheppard - Commercial & Business users C. - absent, apologies, proxy
to Grant Forsyth/Marilyn Cade
Marilyn Cade - Commercial & Business users C.
Grant Forsyth - Commercial & Business users C - if necessary proxy to
Marilyn Cade.
Greg Ruth - ISCPC
Antonio Harris - ISCPC
Tony Holmes - ISCPC - absent - apologies - proxy to Tony Harris/Greg Ruth
Thomas Keller- Registrars
Ross Rader - Registrars
Bruce Tonkin - Registrars
Ken Stubbs - gTLD registries
Philip Colebrook - gTLD registries
Cary Karp - gTLD registries - if required - proxy to Philip Colebrook/Ken
Stubbs
Lucy Nichols - Intellectual Property Interests C
Niklas Lagergren - Intellectual Property Interests C - absent - apologies -
proxy to Lucy Nichols/Kiyoshi Tsuru
Kiyoshi Tsuru - Intellectual Property Interests C.
Jisuk Woo - Non Commercial users C. - absent - proxy to Carlos Afonso/ Marc
Schneiders
Marc Schneiders - Non Commercial users C. - absent apologies - proxy to
Carlos Afonso/ Jisuk Woo,/Ross Rader/ Bruce Tonkin
Carlos Afonso - Non Commercial users C. - absent - apologies - proxy to Marc
Schneiders/Jisuk Woo
Alick Wilson - absent - apologies - proxy to Bruce Tonkin
Demi Getschko- absent - apologies - proxy to Amadeu Abril l Abril
Amadeu Abril I Abril - absent, apologies, proxy to Alick Wilson/Bruce Tonkin

16 Council Members

Paul Verhoef - Vice President, Policy Development Support - absent,
apologies
Kurt Pritz - Vice President, Business Operations
Barbara Roseman - ICANN Staff Manager

Thomas Roessler - ALAC Liaison

Christopher Wilkinson - GAC Secretary
Suzanne Sene - GAC Liaison

Michael Palage - ICANN Board (GNSO seat 14) - observer
Maureen Cubberley - observer - Nominating Committee appointee to be seated
after meeting in Cape Town

Glen de Saint Géry - GNSO Secretariat

MP3 Recording
Quorum present at 12:10

Bruce Tonkin chaired this teleconference.

Bruce Tonkin welcomed Maureen Cubberley as an observer, the new Nominating
Committee member, who will take office after the Cape Town meeting.

Item 1: Approval of the Agenda

Agenda approved
Lucy Nichols requested an update from the ICANN staff on the WIPO document


Item 2: Approval of the Minutes of 9 September 2004

Ken Stubbs moved the adoption of the Minutes of 9 September 2004

The motion carried.

Decision 1: The Minutes of 9 September 2004 were adopted

Item 3: Draft Initial Report on procedure for use by ICANN in considering
requests for consent and related contractual amendments to allow changes in
the architecture operation of a gTLD registry.
Bruce Tonkin reported that the reviewed document would be available mid
November as ICANN General Counsel and staff were incorporating GNSO Council
proposals and undertaking a legal review to ensure its implementability.


Item 4: New gTLD strategy implementation see:
http://www.icann.org/topics/gtld-strategy-area.html

Bruce Tonkin reported that on 30 September 2004, a paper was posted on the
ICANN website "Strategy: Introduction of New Generic Top-Level Domains"
which outlined a proposed strategy for the implementation of issues such as:
International Domain Names at the top level, how names should be allocated,
different types of business models, and whether sponsored or unsponsored. It
was further intended to seek input from the Security committee, Root Server
Committee and Internet Architecture Board, obtain papers from the
Organization for Economic Co-operation and Development (OECD) and the At
Large Advisory Committee (ALAC). The ICANN staff will develop a report by 31
December 2004 that combines into a single document the issues identified by
groups such as OECD, SSAC, RSSAC, IETF, and WIPO.
Kurt Pritz commented that the strategy recognized:
- the complexity of the issues,
- the difficulty of aligning timelines
- the rapidly changing environment and landscape for decisions and
implementation
The best way to fashion the strategy was to develop a flexible process
taking into consideration the changing environment.
A feature is to involve the GNSO at 2 places,
- review of the strategy document
- input into the implementation of a procedure for the designation of gTLDs
during 2005.

Taking into account the narrow time lines and the possibility that the GNSO
Council might not be able to provide input to the ICANN Board by January
2005, through a policy development process (pdp);
Bruce Tonkin proposed inviting a group of GNSO Council volunteers to study
the process, determine where GNSO Council input should be provided, the
timelines required, and the best way for the process to work post 31
December 2004.

Item 5: Update on WHOIS:

Marilyn Cade reported that Whois task force 1 & 2 were currently discussing
3 topics:
1. Progress was being made on conspicuous notice, and it was being debated
whether it should be conspicuous notice and consent.
2. Procedure to deal with national conflicts
3. Tiered access.
Participation was reported to be fairly consistent except for the Business
constituency.

Ken Stubbs reported that Whois task force 3 draft recommendations needed
further work to attain the necessary level of consensus.
Bruce Tonkin commented that Whois task force 3 mailing list traffic
indicated areas where the Registrar and the Intellectual Property
Constituency representatives disagreed, and that it would be particularly
useful if the other constituencies would provide their input on the mailing
list.
Barbara Roseman and Ross Rader reiterated the importance of all the
constituencies contributing input.
Barbara Roseman added that the disagreeing parties might be able to reach
agreement on language on a small issue, but on the much larger questions
they did not reflect a consensus building process.
Marilyn Cade commented that consensus was determined by a vote at the
Council level. The job of the task forces was to provide a report, and most
task forces did vote to support the policy recommendations put forward.
Bruce Tonkin urged constituency representatives on the task forces give
input on what they supported or did not support and encouraged the task
force as a whole to identify where there was or was not agreement.

Bruce Tonkin recommended that for the Cape Town ICANN meeting, the Whois
task forces 1/2 and 3:
- attempt to provide recommendations with a reasonable degree of finality
and consensus which could be presented in a public forum to solicit public
input.
- schedule task force meetings in Cape Town to focus on particular topics
where ongoing work would be required.

Item 6: GNSO Council review by ICANN Board
- Council to do self-review as input to external consultant
Bruce Tonkin reported that the ICANN Board, on 18 October, considered and
approved the Terms of Reference for the GNSO Council review
In summary:
1. Policy achievements.
Has the GNSO Council contributed to ICANN policy development?
§ Analysis. List the policy achievements of the GNSO as administered by the
Council indicating in a tabular form:
o what has been done
o what is work in progress
o how was this done (task force, committee of the whole etc)
o what has resulted in change to the contracts of registries or registrars.
o what has resulted in other types of change (guidelines etc.)
§ Do these policies have relevance for ICANN?

2. Outreach, geographic diversity and transparency.
Has the GNSO Council contributed to other ICANN core values such as
outreach, bottom-up consensus based policy development, geographical
diversity and transparency?

3. PDP timelines. Are the timelines relevant?

4. Staff support for policy development.
Has there been effective ICANN staff support for policy development?

5. Policy implementation and compliance.
After the completion of policy development has policy implementation,
compliance and outcome been effective?

6. Demand-based raising of policy issues.
Is the current mechanism of alerting the GNSO Council to new policy issues
effective?

7. Voting pattern.
Does the Council vote as a consensual body?

8. Number of constituency representatives.
Has the presence of three rather than two representatives per constituency
helped or hindered the GNSO Council?

9. Communication to the ICANN community.
Are the enabling mechanisms for GNSO Council outreach effective?

Bruce Tonkin commented that ICANN would appoint an external consultant to
produce a report and suggested that Council do a review of the 9 topics and
make recommendations as input to the consultants report.

Item 8: GNSO Council chair election
- Bruce Tonkin's term expires 20 November 2004
- recommend start two week nomination period
- hold election at next Council meeting

Bruce Tonkin responding to a comment by Ken Stubbs, referred to the ICANN
bylaws Section 3. GNSO Council:
7. The GNSO Council shall select the GNSO Chair, for a term the GNSO Council
specifies but not longer than one year, by written ballot or by action at a
meeting. Any such selection must have affirmative votes comprising a
majority of the votes of all the members of the GNSO Council.

Marilyn Cade, seconded by Cary Karp proposed a procedural motion:
To proceed with the election of chair for the GNSO Council and open
nominations starting 21 October 2004 for a two week period, ending 4
November 2004 at 12 noon UTC.
At the next GNSO Council meeting a vote will be held for the election of the
chair.
The term of office will be for one year.

The procedural motion carried. 21 votes in favour, 4 people did not vote, 2
abstentions

Decision 2:
To proceed with the election of chair for the GNSO Council and open
nominations starting 21 October 2004 for a two week period, ending 4
November 2004 at 12 noon UTC.
At the next GNSO Council meeting a vote will be held for the election of the
chair.
The term of office will be for one year.

Item 7: GNSO Council elections - terms of some Council members expire at end
of 2004 annual general meeting

Bruce Tonkin commented that Council wished to stay with 3 representatives
per constituency (see GNSO Council meeting, 14 August 2003) and that it
would be considered as part of the review process.

Bruce Tonkin proposed that volunteers from the Council draft a self review
of Council, write their own recommendations as an outcome of that review,
and those recommendations would be conveyed to the Board.

Bruce Tonkin clarified that according to the ICANN bylaws, Section 4.
Periodic Review of ICANN Structure and Operations, the GNSO Council review
should be complete by the Cape Town meeting.
Kurt Pritz clarified that on 31 October 2003, in Tunisia the ICANN Board
adopted the following resolution:
Response to GNSO Council Request to Maintain Three Representatives per
Constituency
Whereas, the GNSO Council has requested on 14 August 2003, that the change
to the number of constituency representatives on the GNSO Council remain
unchanged at three (3) representatives per constituency instead of two (2)
representatives per constituency as is scheduled to occur at the end of this
2003 Annual Meeting.
Whereas, the GNSO Council?s predecessor organization DNSO Names Council
requested on 1 August 2002, that the GNSO Council be made up of three (3)
representatives per constituency.
Whereas, Article I, Section 2 (4) sets out as a core value that: -"Seeking
and supporting broad, informed participation reflecting the functional,
geographic, and cultural diversity of the Internet at all levels of policy
development and decision-making.?
Whereas, Article XX, Section 5 (8), in setting out the originally proposed
transition that: "In the absence of further action on the topic by the New
Board, each of the GNSO constituencies shall select two representatives to
the GNSO Council?."
Whereas, the Board wishes to take action in support of the GNSO Council and
in response to the GNSO Council?s request.
Resolved [03.164] to change the transition article (Article XX) to allow
three representatives per constituency on the GNSO Council until the end of
the ICANN annual meeting 2004;
Resolved [03.165] to perform a review of the GNSO Council in or around July
2004 which should include among other aspects of the review criteria, an
analysis of the efficacy of having three representatives from each
constituency on the GNSO Council.

Kurt Pritz commented on two points:
if something were presented to the Board to consider before Cape Town it
should be done with reference to the resolution taken on 31 October 2003
Board papers were generally due two weeks before the Board meeting, so the
due date would be the first week in November

Bruce Tonkin proposed that the GNSO create its own set of recommendations,
which would include the 3 versus 2 representatives per constituency in
accordance with Council's wish, and present those to the Board for the Cape
Town meeting.

Item 9: Update on planning for ICANN meeting in Cape Town

Kurt Pritz and Bruce Tonkin outlined the program:

Tuesday 30 November 2004
Board and ICANN staff meetings

Tuesday 30 November 2004 - afternoon
- GNSO Review

Wednesday 1 December 2004
WSIS
Welcome
- to define the projected outcome of the meetings
-introductory remarks by ministers

IDN workshop on African languages

GNSO task forces:
WHOIS Task Forces
Council group to consider the approval of new registry services

Thursday 2 December 2004
7:30 - 9:00 GNSO breakfast
Constituency Day
Official reception

Friday 3 December 2004

8:30 10:30 GNSO public forum to raise recommendations from Whois task forces
and Council group to solicit public feed back
10:30 12:30 GNSO Council meeting

Afternoon session: ICANN public forum

Saturday 4 December 2004
Public Forum continuation

Sunday 5 December 2004
ICANN Board meeting


Suzanne Sene suggested that the GAC working group meet with the GNSO Council
and Whois task force chairs on Wednesday 1 December for a lunch meeting.

Item 10: AOB

1. Update regarding WIPO II Report
Lucy Nichols who requested an update regarding the WIPO ll report
articulated her concern that WIPO had recommended to ICANN that certain
changes be made to the UDRP as set out in WIPO ll. The ICANN Board directed
the General Counsel to investigate and analyze the legalities on the
relationship between WIPO and ICANN. The working group issued a report
indicating that there was no consensus on the recommendations made by WIPO
and sent it to the President. Concern was expressed that according to a
Board resolution the President and the staff are supposed to give a
recommendation to the Board before the Cape Town meeting.

Discussion indicated that the GNSO Council should make it clear that there
had been no consensus on the WIPO ll recommendations and it would be
difficult to make any recommendation to the Board.

Bruce Tonkin proposed sending a request from Council to the ICANN staff,
Kurt Pritz and John Jeffrey to respond to issue.

2. Staff Update Report
Bruce Tonkin referred to the report Paul Verhoef communicated in response to
questions raised during the GNSO Council meeting on September 9, 2004:

a. Staff recruitment

The recruitment of the staff position relevant to the GNSO is progressing
well. To date some one hundred applications have been received and the
process of initial screening has started with the aim to create a shortlist
for subsequent interviews. The goal is to try and finalize the recruitment
during the first weeks of November and depending on the availability of the
chosen candidates, they should be able to commence early in 2005. The
request for applications will be withdrawn from the ICANN website and the
various job boards during these days.
Bruce Tonkin reiterated that some Council members would like to be involved
in the selection process.

b. Strategic Plan

ICANN's first ever strategic plan is nearing internal completion. The ICANN
staff fully realizes the importance of releasing a credible, well
though-out, and comprehensive plan which responds to the requests from the
community to obtain a better insight in the planning of how ICANN's mission
and mandate will be implemented on a longer-term basis, in order to set a
proper bench-mark for future plans. The strategic plan is foreseen to be
introduced shortly to the Board and then be posted within the next few
weeks.

c. GNSO Review
At its meeting on 18 October, the ICANN Board has approved the Terms of
Reference concerning the Review of the GNSO Council that were jointly
developed between a number of Council members and the staff. ICANN staff
will now proceed swiftly with the search for an external consultant for the
role specified in the Terms of Reference.
Bruce Tonkin requested Council members to come forward with names of of
potential candidates for such an external consultancy role.

d. Performance of the GNSO Council
As regards the report on the performance of the GNSO Council that Dr. Paul
Twomey had retained a consultant, Dr. Liz Williams to prepare earlier this
year, a public version of the report will be posted by the end of October.



Bruce Tonkin declared the GNSO meeting closed and thanked everybody for
participating.
The meeting ended: 14:03 UTC.

Next GNSO Council teleconference will be held on Thursday 18 November 2004
at 19:00 UTC
see: Calendar






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<p>&nbsp; </p>
<p><font face="Arial, Helvetica, sans-serif">21 October 2004 </font> </p>
<p><font face="Arial, Helvetica, sans-serif">Proposed <a 
href="http://gnso.icann.org/meetings/agenda-gnso-05aug04.htm";>agenda 
  and related documents</a><br>
  </font></p>
<p><font face="Arial, Helvetica, sans-serif"><b>List of attendees:</b><br>
  Philip Sheppard - Commercial &amp; Business users C. - absent, apologies, 
proxy 
  to Grant Forsyth/Marilyn Cade<br>
  Marilyn Cade - Commercial &amp; Business users C. <br>
  Grant Forsyth - Commercial &amp; Business users C - if necessary proxy to 
Marilyn 
  Cade. <br>
  Greg Ruth - ISCPC <br>
  Antonio Harris - ISCPC<br>
  Tony Holmes - ISCPC - absent - apologies - proxy to Tony Harris/Greg Ruth<br>
  Thomas Keller- Registrars <br>
  Ross Rader - Registrars <br>
  Bruce Tonkin - Registrars <br>
  Ken Stubbs - gTLD registries <br>
  Philip Colebrook - gTLD registries<br>
  Cary Karp - gTLD registries - if required - proxy to Philip Colebrook/Ken 
Stubbs<br>
  Lucy Nichols - Intellectual Property Interests C <br>
  Niklas Lagergren - Intellectual Property Interests C - absent - apologies - 
  proxy to Lucy Nichols/Kiyoshi Tsuru<br>
  Kiyoshi Tsuru - Intellectual Property Interests C. <br>
  Jisuk Woo - Non Commercial users C. - absent - proxy to Carlos Afonso/ Marc 
  Schneiders <br>
  Marc Schneiders - Non Commercial users C. - absent apologies - proxy to 
Carlos 
  Afonso/ Jisuk Woo,/Ross Rader/ Bruce Tonkin<br>
  Carlos Afonso - Non Commercial users C. - absent - apologies - proxy to Marc 
  Schneiders/Jisuk Woo<br>
  Alick Wilson - absent - apologies - proxy to Bruce Tonkin<br>
  Demi Getschko- absent - apologies - proxy to Amadeu Abril l Abril<br>
  Amadeu Abril I Abril - absent, apologies, proxy to Alick Wilson/Bruce 
Tonkin</font></p>
<p> <font face="Arial, Helvetica, sans-serif">16 Council Members<br>
  </font><font face="Arial, Helvetica, sans-serif"><br>
  Paul Verhoef - Vice President, Policy Development Support - absent, 
apologies<br>
  Kurt Pritz - Vice President, Business Operations<br>
  Barbara Roseman - ICANN Staff Manager<br>
  <br>
  Thomas Roessler - ALAC Liaison</font></p>
<p><font face="Arial, Helvetica, sans-serif">Christopher Wilkinson - GAC 
Secretary<br>
  Suzanne Sene - GAC Liaison <br>
  <br>
  Michael Palage - ICANN Board (GNSO seat 14) - observer <br>
  Maureen Cubberley - observer - Nominating Committee appointee to be seated 
after 
  meeting in Cape Town<br>
  <br>
  Glen de Saint Géry - GNSO Secretariat<br>
  <br>
  </font><font face="Arial, Helvetica, sans-serif">MP3 Recording<br>
  Quorum present at 12:10<br>
  <br>
  <b>Bruce Tonkin</b> chaired this teleconference. <br>
  <br>
  <b>Bruce Tonkin</b> welcomed <b>Maureen Cubberley</b> as an observer, the new 
  Nominating Committee member, who will take office after the Cape Town 
meeting. 
  <br>
  <br>
  <b>Item 1: <a 
href="http://gnso.icann.org/meetings/agenda-gnso-21oct04.htm";>Approval 
  of the Agenda</a></b><br>
  <br>
  Agenda approved<br>
  <b>Lucy Nichols</b> requested an update from the ICANN staff on the WIPO 
document<br>
  </font></p>
<p><font face="Arial, Helvetica, sans-serif"><b>Item 2: Approval of the <a 
href="http://gnso.icann.org/meetings/minutes-gnso-09sep04.htm";>Minutes 
  of 9 September 2004</a><br>
  <br>
  Ken Stubbs </b>moved the adoption of the <a 
href="http://gnso.icann.org/meetings/minutes-gnso-09sep04.htm";>Minutes 
  of 9 September 2004</a><br>
  <br>
  The motion carried.<br>
  <br>
  <b>Decision 1: The <a 
href="http://gnso.icann.org/meetings/minutes-gnso-09sep04.htm";>Minutes 
  of 9 September 2004</a> were adopted<br>
  </b><b><br>
  Item 3:</b> <a 
href="http://www.icann.org/tlds/gtld-initialreport-registryapproval.htm";>Draft 
  Initial Report</a> on procedure for use by ICANN in considering requests for 
  consent and related contractual amendments to allow changes in the 
architecture 
  operation of a gTLD registry. <br>
  Bruce Tonkin reported that the reviewed document would be available mid 
November 
  as ICANN General Counsel and staff were incorporating GNSO Council proposals 
  and undertaking a legal review to ensure its implementability.<br>
  <br>
  </font><b><font face="Arial, Helvetica, sans-serif"><br>
  Item 4: New gTLD strategy implementation see: <br>
  http://www.icann.org/topics/gtld-strategy-area.html </font></b></p>
<p><font face="Arial, Helvetica, sans-serif"><b>Bruce Tonkin</b> reported that 
  on <a href="http://www.icann.org/topics/gtld-strategy-area.html";>30 September 
  2004, a paper was posted on the ICANN website</a> &quot;Strategy: 
Introduction 
  of New Generic Top-Level Domains&quot; which outlined a proposed strategy for 
  the implementation of issues such as: International Domain Names at the top 
  level, how names should be</font><b><font face="Arial, Helvetica, 
sans-serif"> 
  </font></b><font face="Arial, Helvetica, sans-serif">allocated, different 
types 
  of business models, and whether sponsored or unsponsored. It was further 
intended 
  to seek input from the Security committee, Root Server Committee and Internet 
  Architecture Board, obtain papers from the Organization for Economic 
Co-operation 
  and Development (OECD) and the At Large Advisory Committee (ALAC). The ICANN 
  staff will develop a report by 31 December 2004 that combines into a single 
  document the issues identified by groups such as OECD, SSAC, RSSAC, IETF, and 
  WIPO.<br>
  <b>Kurt Pritz </b>commented that the strategy recognized:<br>
  - the complexity of the issues, <br>
  - the difficulty of aligning timelines <br>
  - the rapidly changing environment and landscape for decisions and 
implementation 
  <br>
  The best way to fashion the strategy was to develop a flexible process taking 
  into consideration the changing environment.<br>
  A feature is to involve the GNSO at 2 places,<br>
  - review of the strategy <a 
href="http://www.icann.org/tlds/new-gtld-strategy.pdf";>document</a><br>
  - input </font><font face="Arial, Helvetica, sans-serif">into the 
implementation 
  of a procedure for the designation of gTLDs during 2005.<br>
  </font><b><font face="Arial, Helvetica, sans-serif"> <br>
  </font></b><font face="Arial, Helvetica, sans-serif">Taking into account the 
  narrow time lines and the possibility that the GNSO Council might not be able 
  to provide input to the ICANN Board by January 2005, through a policy 
development 
  process (pdp); <br>
  </font><b><font face="Arial, Helvetica, sans-serif">Bruce Tonkin 
</font></b><font face="Arial, Helvetica, sans-serif">proposed 
  inviting a group of GNSO Council volunteers to study the process, determine 
  where GNSO Council input should be provided, the timelines required, and the 
  best way for the process to work post 31 December 2004</font>.<font 
face="Arial, Helvetica, sans-serif"><br>
  </font><b><font face="Arial, Helvetica, sans-serif"><br>
  Item 5: Update on WHOIS:</font></b></p>
<p><b><font face="Arial, Helvetica, sans-serif">Marilyn Cade </font></b><font 
face="Arial, Helvetica, sans-serif">reported 
  that Whois task force 1 &amp; 2 were currently discussing 3 topics:<br>
  1. Progress was being made on conspicuous notice, and it was being debated 
whether 
  it should be conspicuous notice and consent. <br>
  2. Procedure to deal with national conflicts <br>
  3. Tiered access. <br>
  Participation was reported to be fairly consistent except for the Business 
constituency.<br>
  </font><b><font face="Arial, Helvetica, sans-serif"><br>
  Ken Stubbs </font></b><font face="Arial, Helvetica, sans-serif">reported that 
  Whois task force 3 draft recommendations needed further work to attain the 
necessary 
  level of consensus. </font><b><font face="Arial, Helvetica, sans-serif"><br>
  Bruce Tonkin </font></b><font face="Arial, Helvetica, sans-serif">commented 
  that Whois task force 3 mailing list traffic indicated areas where the 
Registrar 
  and the Intellectual Property Constituency representatives 
disagreed</font><b><font face="Arial, Helvetica, sans-serif">, 
  </font></b><font face="Arial, Helvetica, sans-serif">and that it would be 
particularly 
  useful if the other constituencies would provide their input on the mailing 
  list.</font><b><font face="Arial, Helvetica, sans-serif"><br>
  Barbara Roseman </font></b><font face="Arial, Helvetica, sans-serif">and 
<b>Ross 
  Rader</b> reiterated the importance of all the constituencies contributing 
input.<br>
  <b>Barbara Roseman</b> added that the disagreeing parties might be able to 
reach 
  agreement on language on a small issue, but on the much larger questions they 
  did not reflect a consensus building process. <br>
  <b>Marilyn Cade</b> commented that consensus was determined by a vote at the 
  Council level. The job of the task forces was to provide a report, and most 
  task forces did vote to support the policy recommendations put forward<b>.<br>
  Bruce Tonkin</b> urged constituency representatives on the task forces give 
  input on what they supported or did not support</font><b><font face="Arial, 
Helvetica, sans-serif"> 
  </font></b><font face="Arial, Helvetica, sans-serif">and encouraged the task 
  force as a whole to identify where there was or was not 
agreement.</font><b><font face="Arial, Helvetica, sans-serif"><br>
  <br>
  Bruce Tonkin </font></b><font face="Arial, Helvetica, sans-serif">recommended 
  that for the Cape Town ICANN meeting, the Whois task forces 1/2 and 3: <br>
  - attempt to provide recommendations with a reasonable degree of finality and 
  consensus which could be presented in a public forum to solicit public input. 
  <br>
  - schedule task force meetings in Cape Town to focus on particular topics 
where 
  ongoing work would be required.</font><br>
  <b><font face="Arial, Helvetica, sans-serif"><br>
  Item 6: GNSO Council review by ICANN Board <br>
  - Council to do self-review as input to external consultant <br>
  Bruce Tonkin </font></b><font face="Arial, Helvetica, sans-serif">reported 
that 
  the ICANN</font> <font face="Arial, Helvetica, sans-serif">Board, on 18 
October, 
  considered and approved the <a 
href="http://gnso.icann.org/mailing-lists/archives/council/pdf00002.pdf";>Terms 
  of Reference for the GNSO Council review</a> <br>
  In summary:<br>
  1. Policy achievements. <br>
  Has the GNSO Council contributed to ICANN policy development?<br>
  § Analysis. List the policy achievements of the GNSO as administered by the 
  Council indicating in a tabular form: <br>
  o what has been done <br>
  o what is work in progress <br>
  o how was this done (task force, committee of the whole etc) <br>
  o what has resulted in change to the contracts of registries or registrars. 
  <br>
  o what has resulted in other types of change (guidelines etc.) <br>
  § Do these policies have relevance for ICANN?<br>
  <br>
  2. Outreach, geographic diversity and transparency. <br>
  Has the GNSO Council contributed to other ICANN core values such as outreach, 
  bottom-up consensus based policy development, geographical diversity and 
transparency?<br>
  <br>
  3. PDP timelines. Are the timelines relevant?<br>
  <br>
  4. Staff support for policy development.<br>
  Has there been effective ICANN staff support for policy development?<br>
  <br>
  5. Policy implementation and compliance. <br>
  After the completion of policy development has policy implementation, 
compliance 
  and outcome been effective?<br>
  <br>
  6. Demand-based raising of policy issues. <br>
  Is the current mechanism of alerting the GNSO Council to new policy issues 
effective? 
  <br>
  <br>
  7. Voting pattern.<br>
  Does the Council vote as a consensual body?<br>
  <br>
  8. Number of constituency representatives.<br>
  Has the presence of three rather than two representatives per constituency 
helped 
  or hindered the GNSO Council?<br>
  <br>
  9. Communication to the ICANN community. <br>
  Are the enabling mechanisms for GNSO Council outreach effective?</font></p>
<p><font face="Arial, Helvetica, sans-serif"><b>Bruce Tonkin</b> commented that 
  ICANN would appoint an external consultant to produce a report and suggested 
  that Council do a review of the 9 topics and make recommendations as input to 
  the consultants report.<br>
  </font><b><font face="Arial, Helvetica, sans-serif"><br>
  Item 8: GNSO Council chair election <br>
  - Bruce Tonkin's term expires 20 November 2004 <br>
  - recommend start two week nomination period <br>
  - hold election at next Council meeting <br>
  </font></b><font face="Arial, Helvetica, sans-serif"><br>
  <b>Bruce Tonkin</b> responding to a comment by <b>Ken Stubbs</b>, referred to 
  the <a 
href="http://www.icann.org/general/archive-bylaws/bylaws-13oct03.htm#X";>ICANN 
  bylaws</a> Section 3. GNSO Council:<br>
  7. The GNSO Council shall select the GNSO Chair, for a term the GNSO Council 
  specifies but not longer than one year, by written ballot or by action at a 
  meeting. Any such selection must have affirmative votes comprising a majority 
  of the votes of all the members of the GNSO Council. <br>
  <br>
  <b>Marilyn Cade</b>, seconded by<b> Cary Karp</b> proposed a procedural 
motion:<br>
  To proceed with the election of chair for the GNSO Council and open 
nominations 
  starting 21 October 2004 for a two week period, ending 4 November 2004 at 12 
  noon UTC. <br>
  At the next GNSO Council meeting a vote will be held for the election of the 
  chair. <br>
  The term of office will be for one year. <br>
  <br>
  The procedural motion carried. 21 votes in favour, 4 people did not vote, 2 
  abstentions <br>
  <br>
  <b>Decision 2:<br>
  To proceed with the election of chair for the GNSO Council and open 
nominations 
  starting 21 October 2004 for a two week period, ending 4 November 2004 at 12 
  noon UTC. <br>
  At the next GNSO Council meeting a vote will be held for the election of the 
  chair. <br>
  The term of office will be for one year. </b><br>
  <br>
  <b><font face="Arial, Helvetica, sans-serif">Item 7: GNSO Council elections 
  - terms of some Council members expire at end of 2004 annual general meeting 
  <br>
  <br>
  </font><font face="Arial, Helvetica, sans-serif"><font face="Arial, 
Helvetica, sans-serif">Bruce 
  Tonkin</font></font></b><font face="Arial, Helvetica, sans-serif"><font 
face="Arial, Helvetica, sans-serif"> 
  commented that <font face="Arial, Helvetica, sans-serif"><font face="Arial, 
Helvetica, sans-serif">Council 
  wished to stay with 3 representatives per constituency (see <a 
href="http://gnso.icann.org/meetings/minutes-gnso-14aug03.shtml";>GNSO 
  Council meeting, 14 August 2003</a>) and that it would be considered as part 
  of the review process.</font></font></font></font><b><font face="Arial, 
Helvetica, sans-serif"><br>
  </font></b> <br>
  </font><font face="Arial, Helvetica, sans-serif"><b>Bruce Tonkin</b> proposed 
  that volunteers from the Council draft a self review of Council, write their 
  own recommendations as an outcome of that review, and those recommendations 
  would be conveyed to the Board.<br>
  <b><br>
  Bruce Tonkin</b> clarified that according to the <a 
href="http://www.icann.org/general/archive-bylaws/bylaws-13oct03.htm#X";>ICANN 
  bylaws</a>, Section 4. Periodic Review of ICANN Structure and Operations, the 
  GNSO Council review should be complete by the Cape Town meeting.<br>
  <b>Kurt Pritz </b>clarified that on 31 October 2003, in <a 
href="http://www.icann.org/announcements/advisory-31oct03.htm";>Tunisia 
  the ICANN Board</a> adopted the following resolution:<br>
  Response to GNSO Council Request to Maintain Three Representatives per 
Constituency 
  <br>
  Whereas, the GNSO Council has requested on 14 August 2003, that the change to 
  the number of constituency representatives on the GNSO Council remain 
unchanged 
  at three (3) representatives per constituency instead of two (2) 
representatives 
  per constituency as is scheduled to occur at the end of this 2003 Annual 
Meeting. 
  <br>
  Whereas, the GNSO Council?s predecessor organization DNSO Names Council 
requested 
  on 1 August 2002, that the GNSO Council be made up of three (3) 
representatives 
  per constituency. <br>
  Whereas, Article I, Section 2 (4) sets out as a core value that: -"Seeking 
and 
  supporting broad, informed participation reflecting the functional, 
geographic, 
  and cultural diversity of the Internet at all levels of policy development 
and 
  decision-making.?<br>
  Whereas, Article XX, Section 5 (8), in setting out the originally proposed 
transition 
  that: "In the absence of further action on the topic by the New Board, each 
  of the GNSO constituencies shall select two representatives to the GNSO 
Council?." 
  <br>
  Whereas, the Board wishes to take action in support of the GNSO Council and 
  in response to the GNSO Council?s request. <br>
  Resolved [03.164] to change the transition article (Article XX) to allow 
three 
  representatives per constituency on the GNSO Council until the end of the 
ICANN 
  annual meeting 2004; <br>
  Resolved [03.165] to perform a review of the GNSO Council in or around July 
  2004 which should include among other aspects of the review criteria, an 
analysis 
  of the efficacy of having three representatives from each constituency on the 
  GNSO Council. <br>
  <br>
  <b>Kurt Pritz</b> commented on two points:<br>
  </font><font face="Arial, Helvetica, sans-serif">if something were presented 
  to the Board to consider before Cape Town it should be done with reference to 
  the resolution taken on <a 
href="http://www.icann.org/announcements/advisory-31oct03.htm";>31 
  October 2003</a> <br>
  Board papers were generally due two weeks before the Board meeting, so the 
due 
  date would be the first week in November<br>
  <br>
  <b>Bruce Tonkin</b> proposed that the GNSO create its own set of 
recommendations, 
  which would include the 3 versus 2 representatives per constituency in 
accordance 
  with Council's wish, and present those to the Board for the Cape Town 
meeting.<br>
  <br>
  </font><b><font face="Arial, Helvetica, sans-serif">Item 9: Update on 
planning 
  for ICANN meeting in Cape Town <br>
  <br>
  Kurt Pritz</font></b><font face="Arial, Helvetica, sans-serif"> and <b>Bruce 
  Tonkin</b> outlined the program</font><b><font face="Arial, Helvetica, 
sans-serif">:<br>
  <br>
  </font></b><font face="Arial, Helvetica, sans-serif"><b>Tuesday 30 November 
  2004</b><br>
  Board and ICANN staff meetings</font></p>
<p><font face="Arial, Helvetica, sans-serif">Tuesday 30 November 2004 - 
afternoon 
  <br>
  - GNSO Review <br>
  <br>
  <b>Wednesday 1 December 2004</b><br>
  WSIS <br>
  Welcome <br>
  - to define the projected outcome of the meetings <br>
  -introductory remarks by ministers <br>
  <br>
  IDN workshop on African languages </font></p>
<p><font face="Arial, Helvetica, sans-serif">GNSO task forces: <br>
  WHOIS Task Forces <br>
  Council group to consider the approval of new registry services<br>
  <br>
  <b>Thursday 2 December 2004</b><br>
  7:30 - 9:00 GNSO breakfast<br>
  Constituency Day <br>
  Official reception <br>
  <b><br>
  Friday 3 December 2004 </b><br>
  <br>
  8:30 10:30 GNSO public forum to raise recommendations from Whois task forces 
  and Council group to solicit public feed back <br>
  10:30 12:30 GNSO Council meeting<br>
  <br>
  Afternoon session: ICANN public forum<br>
  <br>
  <b>Saturday 4 December 2004</b><br>
  Public Forum continuation<br>
  <br>
  <b>Sunday 5 December 2004 </b><br>
  ICANN Board meeting<br>
  <br>
  <br>
  <b>Suzanne Sene</b> suggested that the GAC working group meet with the 
GNSO</font><b><font face="Arial, Helvetica, sans-serif"> 
  </font></b><font face="Arial, Helvetica, sans-serif">Council and Whois task 
  force chairs on Wednesday 1 December for a lunch meeting</font><b><font 
face="Arial, Helvetica, sans-serif">.<br>
  <br>
  Item 10: AOB <br>
  <br>
  1. Update regarding WIPO II Report<br>
  Lucy Nichols </font></b><font face="Arial, Helvetica, 
sans-serif">who</font><b><font face="Arial, Helvetica, sans-serif"> 
  </font></b><font face="Arial, Helvetica, sans-serif">requested</font><b><font 
face="Arial, Helvetica, sans-serif"> 
  </font></b><font face="Arial, Helvetica, sans-serif">an update regarding the 
  WIPO ll report</font> <font face="Arial, Helvetica, sans-serif">articulated 
  her concern that WIPO had recommended to ICANN that</font><b><font 
face="Arial, Helvetica, sans-serif"> 
  </font></b><font face="Arial, Helvetica, sans-serif"> certain changes be made 
  to the UDRP as set out in WIPO ll</font><b><font face="Arial, Helvetica, 
sans-serif">. 
  </font></b><font face="Arial, Helvetica, sans-serif"> The ICANN Board 
directed 
  the General Counsel to investigate and analyze the legalities on the 
relationship 
  between WIPO and ICANN. The working group issued a report indicating that 
there 
  was no </font><font face="Arial, Helvetica, sans-serif">consensus on the 
recommendations 
  made by WIPO </font><font face="Arial, Helvetica, sans-serif">and sent it to 
  the President.</font><font face="Arial, Helvetica, sans-serif"> Concern was 
  expressed that according to a Board resolution the President and the staff 
are 
  supposed to give a recommendation to the Board before the Cape Town 
meeting.<br>
  <br>
  Discussion indicated that the GNSO Council should make it clear that there 
had 
  been no consensus on the WIPO ll recommendations and it would be difficult to 
  make any recommendation to the Board.<br>
  <br>
  <b>Bruce Tonkin</b> proposed sending a request from Council to the ICANN 
staff, 
  Kurt Pritz and John Jeffrey to respond to issue. </font></p>
<p><font face="Arial, Helvetica, sans-serif"><b>2. <a 
href="http://gnso.icann.org/mailing-lists/archives/council/msg00597.html";>Staff 
  Update Report</a></b><br>
  <b>Bruce Tonkin</b> referred to the report <b>Paul Verhoef </b>communicated 
  in response to questions raised during the GNSO Council meeting on <a 
href="http://gnso.icann.org/meetings/minutes-gnso-09sep04.htm";>September 
  9, 2004</a>:<br>
  <br>
  <b>a. Staff recruitment</b></font><br>
  <br>
  <font face="Arial, Helvetica, sans-serif">The recruitment of the staff 
position 
  relevant to the GNSO is progressing well. To date some one hundred 
applications 
  have been received and the process of initial screening has started with the 
  aim to create a shortlist for subsequent interviews. The goal is to try and 
  finalize the recruitment during the first weeks of November and depending on 
  the availability of the chosen candidates, they should be able to commence 
early 
  in 2005. The request for applications will be withdrawn from the ICANN 
website 
  and the various job boards during these days. <br>
  <b>Bruce Tonkin</b> reiterated that some Council members would like to be 
involved 
  in the selection process.<br>
  <br>
  <b>b. Strategic Plan</b><br>
  <br>
  ICANN's first ever strategic plan is nearing internal completion. The ICANN 
  staff fully realizes the importance of releasing a credible, well though-out, 
  and comprehensive plan which responds to the requests from the community to 
  obtain a better insight in the planning of how ICANN's mission and mandate 
will 
  be implemented on a longer-term basis, in order to set a proper bench-mark 
for 
  future plans. The strategic plan is foreseen to be introduced shortly to the 
  Board and then be posted within the next few weeks. <br>
  <b><br>
  c. GNSO Review</b><br>
  At its meeting on 18 October, the ICANN Board has approved the Terms of 
Reference 
  concerning the Review of the GNSO Council that were jointly developed between 
  a number of Council members and the staff. ICANN staff will now proceed 
swiftly 
  with the search for an external consultant for the role specified in the 
Terms 
  of Reference. <br>
  Bruce Tonkin requested Council members to come forward with names of of 
potential 
  candidates for such an external consultancy role.<br>
  <b><br>
  d. Performance of the GNSO Council</b><br>
  As regards the report on the performance of the GNSO Council that Dr. Paul 
Twomey 
  had retained a consultant, Dr. Liz Williams to prepare earlier this year, a 
  public version of the report will be posted by the end of October. <br>
  <b><br>
  </b></font></p>
<p><font face="Arial, Helvetica, sans-serif"><b>Bruce Tonkin</b> <b>declared 
the 
  GNSO meeting closed and thanked everybody for participating.<br>
  The meeting ended: 14:03 UTC.</b></font></p>
<ul>
  <li> 
    <p><font face="Arial, Helvetica, sans-serif"><b>Next GNSO Council 
teleconference 
      will be held on Thursday 18 November 2004 </b><b>at 19:00 </b><b> 
UTC</b><br>
      see: <a href="http://gnso.icann.org/calendar/";>Calendar</a></font><br>
  </li>
</ul>
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