Re: [council] Draft minutes of the GNSO Council teleconference on 1 February 2007

["Edmon Chung" <edmon@xxxxxxxxxxx>]

I agree with Chuck.  That would be consistent with my recollection as well.
Edmon


----- Original Message ----- 
From: "Gomes, Chuck" <cgomes@xxxxxxxxxxxx>
To: "GNSO.SECRETARIAT@xxxxxxxxxxxxxx" <gnso.secretariat@xxxxxxxxxxxxxx>; 
"Council GNSO" <council@xxxxxxxxxxxxxx>
Sent: Monday, February 05, 2007 10:43 PM
Subject: RE: [council] Draft minutes of the GNSO Council teleconference on 1 
February 2007


> Thanks Glen. I have just one question regarding the motion for the Working 
> Group on protecting rights of others.  The minutes say that the "the Council 
> approved the Statement of Work for the Working Group . . ."  Was the motion 
> actually to approve the SoW?  I thought we approved formation of the WG with 
> the understanding that the SoW would be modified modified as indicated in the 
> motion.  It's difficult to approve a SoW that is not finalized. At a minimum, 
> unless I am incorrect in my understanding (which is possible), I would 
> suggest that the minutes be changed to say something like this regarding the 
> SoW: "The Council approved formation of the Working Group with a Statement of 
> Work that will be revised to incorporate changes as indicated below. . . ."
> 
> Chuck 
> 
> -----Original Message-----
> From: owner-council@xxxxxxxxxxxxxx [mailto:owner-council@xxxxxxxxxxxxxx] On 
> Behalf Of GNSO.SECRETARIAT@xxxxxxxxxxxxxx
> Sent: Monday, February 05, 2007 6:40 AM
> To: 'Council GNSO'
> Subject: [council] Draft minutes of the GNSO Council teleconference on 1 
> February 2007
> 
> [To: council[at]gnso.icann.org]
> 
> Dear Council Members,
> 
> Please find the draft minutes of the GNSO Council teleconference held on
> 1 February 2007.
> 
> Please let me know if you would like any changes made.
> 
> Thank you very much.
> 
> Kind regards,
> Glen
> ....................................................................................
> 1 February 2007
> 
> Proposed agenda and relevant documents
> 
> List of attendees:
> Philip Sheppard - Commercial & Business Users C. - absent - apologies Marilyn 
> Cade - Commercial & Business Users C.
> Alistair Dixon - Commercial & Business Users C Greg Ruth - ISCPC Antonio 
> Harris - ISCPC - absent - apologies Tony Holmes - ISCPC Thomas Keller- 
> Registrars Ross Rader - Registrars Bruce Tonkin - Registrars Chuck Gomes - 
> gTLD registries Edmon Chung - gTLD registries Cary Karp - gTLD registries 
> Kristina Rosette - Intellectual Property Interests C Ute Decker - 
> Intellectual Property Interests C - absent apologies Kiyoshi Tsuru - 
> Intellectual Property Interests C - absent Robin Gross - NCUC.
> Norbert Klein - NCUC. - absent
> Mawaki Chango - NCUC - absent - apologies Sophia Bekele - Nominating 
> Committee appointee Jon Bing - Nominating Committee appointee - absent - 
> apologies Avri Doria - Nominating Committee appointee- absent - apologies
> 
> 13 Council Members
> (19 Votes - quorum)
> 
> ICANN Staff
> Dan Halloran - Deputy General Counsel
> Sue Jonklaas - Regional Business Advisor, Asia-Pacific, General Counsel 
> Denise Michel - Vice President, Policy Development Kurt Pritz - Senior Vice 
> President, Services Liz Williams - Senior Policy Counselor Maria Farrell - 
> GNSO Policy Officer Craig Schwartz - Chief gTLD Registry Liaison Glen de 
> Saint Géry - GNSO Secretariat
> 
> Olof Nordling - Manager, Policy Development Coordination - absent - apologies
> 
> Rita Rodin - ICANN Board member - absent - apologies
> 
> GNSO Council Liaisons
> Suzanne Sene - GAC Liaison - absent - apologies Alan Greenberg - ALAC Liaison 
> - absent
> 
> Quorum present at 20:10 UTC.
> 
> MP3 Recording
> 
> Bruce Tonkin chaired this meeting
> 
> Approval of the agenda
> 
> Item 1: Update any Statements of Interest No updates
> 
> Item 2: Approval of the GNSO Council minutes of 18 January 2007
> 
> Tom Keller moved the adoption of the GNSO Council minutes of 18 January 2007
> 
> An abstention was noted from a Council members who was not yet on the Council 
> on 18 January 2007, Mike Rodenbaugh and Tony Holmes who was absent
> 
> Motion approved.
> 
> Approval of the GNSO Council minutes of 18 January 2007
> 
> Decision 1: The GNSO Council minutes of 18 January 2007 were adopted.
> 
> Item 3: Proposed Working Group on "Protecting the rights of others"
> - Proposal to form a GNSO working group to consider possible policies and 
> practices that minimize abusive registration activities and other activities 
> that affect the legal rights of others.
> 
> - Kristina Rosette and Ute Decker to draft terms of reference for 
> Consideration
> 
> Kristina Rosette presented the draft outline for work of the Working Group on 
> Mechanisms to protect rights of others, including preventive Intellectual 
> Property Protection Mechanisms 
> http://gnso.icann.org/mailing-lists/archives/council/msg03173.html
> 
> Proposed Purpose:
> 
> New TLD registries will be responsible for policies and practices that 
> minimize abusive registration activities that affect the legal rights of 
> others. That includes measures to discourage the registration of domain names 
> that infringe intellectual property rights and minimize abusive 
> registrations. At present, a number of TLD registries, and notably sTLD 
> registries, are required to implement safeguards against allowing unqualified 
> registration and to ensure compliance with ICANN policies designed to protect 
> rights of others.
> The working group should aim to identify the problems that a preventive 
> rights protection mechanism is intended to solve. This includes infringement 
> of trademarks and bad faith registrations. The working group should examine 
> whether existing mechanisms, such as sunrise periods, have been successful in 
> preventing and addressing abusive registration practices. The working group 
> should also explore alternative ways of solving the identified problems as 
> part of the implementation plan for new TLDs. As part of this work, the 
> working group will analyze existing mechanisms, identify commonalities among 
> such processes, discuss who would be eligible to rely on the preventive 
> protection mechanism for new TLDs, assess the feasibility of drawing from 
> existing mechanisms, and identify and evaluate alternatives to existing 
> processes.
> 
> Suggested Outline of Working Group Work Plan
> 
> I. Analyze Existing Rights Protection Mechanisms A. Identify relevant 
> existing TLDs (not limited to gTLDs) B. Identify both problems that existing 
> preventive mechanisms are designed to solve and new problems that may have 
> developed C. Describe existing rights protection mechanisms 1. Eligibility 2. 
> Rights bases or requirements 3. Submission process and costs of submission 4. 
> Review of applications 5. Challenge mechanism and cost of mechanism D. Issues 
> arising out of or related to the existing rights protection mechanisms 1. 
> Eligibility 2. Rights bases or requirements 3. Review of applications 4. 
> Allocation E. Analyze Quantitative Success - relation between preventing the 
> dispute and resolving the dispute 1. Define quantitative success in light of 
> the problems identified in I.B.
> 2. Number of preventive registrations, number of preventive registrations vs. 
> overall number of registrations; proportion of registrations that are purely 
> defensive 3. Number of challenges overall and in relation to number of 
> registrations; challenger success rate 4. Evaluate quantitative success in 
> light of the problems identified in I.B.
> F. Analyze Qualitative Success
> 1. Define qualitative success in light of problems identified in I.B.
> 2. Nature of use of names registered during start up period 3. Whether rights 
> protection mechanism process protects rights in a cost-effective manner in 
> light of problems identified in I.B.
> 4. Evaluate qualitative success in light of problems identified in I.B.
> G. Impact on registries and registrars
> 1. Resource allocation
> a) Development of rights protection mechanism
> b) Implementation of rights protection mechanism 2. Other considerations H. 
> Impact on other affect parties
> 
> II. Identify Commonalities and Variances among existing rights protection 
> mechanisms, including the evaluation by affected parties.
> A. Eligibility Commonalities and Variances B. Procedural Commonalities and 
> Variances 1. Submission 2. Review 3. Challenge C. Level of Satisfaction 1. 
> Prior Rights Owners 2. Registrars 3. Registries 4. Other Categories
> 
> III. Scalability of rights protection mechanisms A. Feasibility Conclusions 
> derived from I and II above -- effectiveness; impact on registrars, 
> registries, and other affected parties; concerns of IP owner and holders of 
> other rights B. Implementation Considerations
> 
> IV. Identify and Evaluate Alternative Mechanisms A. Alternatives B. Evaluation
> 
> Suggested Working Group Membership
> 
> The following list sets out initial ideas for experts that would provide 
> useful contributions. The list is neither binding nor enumerative.
> 
> * Owners of globally famous brands from different regions.
> * INTA Internet Committee member
> * Rights protection mechanism dispute panelist * Non-profit educational or 
> charitable organization representative * Registrars with experience in 
> preventive rights protection mechanisms * Registries with experience in 
> preventive rights protection mechanisms * Representative from EURid or PWC, 
> EURid validation agent * Commercial financial institution representative 
> (because of concerns over consumer protection and concerns related to fishing 
> and identity theft) * IPC designee * NCUC designee * ISP designee * BC 
> designee * WIPO representative (given WIPO's expertise in evaluating existing 
> rights protection mechanisms)
> 
> Timeline:
> 
> The working group should conclude its work in time to provide a report for 
> the GNSO Council meeting in April 2007
> 
> Material [will be provided by ICANN staff]:
> 
> Chuck Gomes, on behalf of some registries expressed the concern that some of 
> the wording assumed there was a policy in place and how would the policy be 
> implemented, while in fact there was no policy.
> 
> Tom Keller emphasised that there should be a balance in the views of the 
> working group. There should be a distinction made between task force members 
> and possible sources of information such as EURid, WIPO etc.
> 
> Kristina Rosette expressed the concern that it was unrealistic to fully 
> examine the issue of whether there should be a policy in the 2 month time 
> frame.
> 
> Bruce Tonkin clarified that there were 2 separate issues, a policy which 
> required work to be undertaken in a policy development process and a working 
> group looking at whether existing practices should be improved which would 
> become gguidelines which the staff may wish to implement in the RFP and new 
> registry operators may choose to implement those revised practices based on 
> the advice of the working group.
> 
> Bruce Tonkin, seconded by Ross Rader proposed:
> 
> Approving the statement of work for the Working Group on Mechanisms to 
> protect rights of others, including preventive Intellectual Property 
> Protection Mechanisms with the following drafting changes to the text 
> assisted by the ICANN staff to be consistent with the new TLD policy 
> development work:
> a. Form the working group
> b. Document practices and policies, such as the UDRP, that are currently in 
> existence.
> c. Identify the problems that the procedures are intended to solve d. 
> Establish definitions of terms used in the working group to ensure all 
> members have a common understanding e. Add text suggested by Chuck Gomes to 
> bring the two working group in line with regard to the formation, voting and 
> membership:
> Formation of the Working Group.
> The Working Group (WG) is chartered by the GNSO Council with an approved 
> statement of work, as defined below. This Statement of Work is intended to 
> guide the work of the group.
> 
> 1. Voting:
> In general, the working group should operate using a rough consensus 
> approach. Every effort should be made to arrive at positions that most or all 
> of the group members are willing to support. "Straw poll voting" 
> should be used to determine whether there is rough consensus on particular 
> issues. In order to ensure that each constituency does not have to provide 
> the same number of members, constituencies, regardless of number of 
> representatives, can hold 3 votes, and each individual nominating committee 
> councilor hold one vote. Liaisons are non voting.
> 
> 2. Membership
> The Working Group is open for membership to Councilors and to GNSO 
> Constituency members; advisory committees (e.g., ALAC, GAC) may appoint 
> non-voting liaisons to the working group.
> Members may be added by the constituencies and the Advisory groups at any 
> time during the work of the WG. The ccNSO could be invited to have 
> representatives participate as observers because there may be implications 
> for the treatment of the two letter country codes, which are presently 
> reserved at all levels. The WG may invite external experts as speakers or 
> advisors (in the role of observer) that may be able to constructively 
> contribute to the effort.
> 
> Every effort should be made to ensure that the working group include and 
> consider the varying points of view on key issues. It is more important that 
> all varying points of view are examined and reflected than for every 
> constituency or group to have representation or equal numbers of members. If 
> this goal is achieved and recommendations are developed that have rough 
> consensus of the group, then the full Council, with balanced representation 
> from all constituencies and NomCom appointees, will then have opportunity to 
> act. Members should be selected who can commit sufficient time during the 
> next three-four months to facilitate achievement of the targeted 
> accomplishments describe in the next section (Working Timeline).
> 
> The Council will appoint an initial or interim chair [or co-chairs] and the 
> Working Group should, at its initial meeting, elect or confirm the chair and 
> co-chair(s).
> 
> 3. Working Timeline
> The Working Group is asked to convene at the earliest possible time and to 
> achieve the following targets:
> 1. Progress report in the upcoming intercessional working sessions of
> Dec05 PDP committee and the Feb06 PDP task force, scheduled for February
> 22-25
> 2. Progress report at least one week prior to the start of the Lisbon ICANN 
> meetings (16 March 2007).
> 3. Final report at least one week prior to the April 2007 GNSO Council 
> meeting.
> 
> The motion passed by a unanimous vote of acclamation.
> 
> Decision 2:
> Council approved the statement of work for the Working Group on Mechanisms to 
> protect rights of others, including preventive Intellectual Property 
> Protection Mechanisms with the following drafting changes to the text 
> assisted by the ICANN staff to be consistent with the new gTLD policy 
> development work:
> a. Form the working group
> b. Document practices and policies, such as the UDRP, that are currently in 
> existence.
> c. Identify the problems that the procedures are intended to solve d. 
> Establish definitions of terms used in the working group to ensure all 
> members have a common understanding e. Add text suggested by Chuck Gomes to 
> bring the two working group in line with regard to the formation, voting and 
> membership:
> Formation of the Working Group.
> The Working Group (WG) is chartered by the GNSO Council with an approved 
> statement of work, as defined below. This Statement of Work is intended to 
> guide the work of the group.
> 
> 1. Voting:
> In general, the working group should operate using a rough consensus 
> approach. Every effort should be made to arrive at positions that most or all 
> of the group members are willing to support. "Straw poll voting" 
> should be used to determine whether there is rough consensus on particular 
> issues. In order to ensure that each constituency does not have to provide 
> the same number of members, constituencies, regardless of number of 
> representatives, can hold 3 votes, and each individual nominating committee 
> councilor hold one vote. Liaisons are non voting.
> 
> 2. Membership
> The Working Group is open for membership to Councilors and to GNSO 
> Constituency members; advisory committees (e.g., ALAC, GAC) may appoint 
> non-voting liaisons to the working group.
> Members may be added by the constituencies and the Advisory groups at any 
> time during the work of the WG. The ccNSO could be invited to have 
> representatives participate as observers because there may be implications 
> for the treatment of the two letter country codes, which are presently 
> reserved at all levels. The WG may invite external experts as speakers or 
> advisors (in the role of observer) that may be able to constructively 
> contribute to the effort.
> 
> Every effort should be made to ensure that the working group include and 
> consider the varying points of view on key issues. It is more important that 
> all varying points of view are examined and reflected than for every 
> constituency or group to have representation or equal numbers of members. If 
> this goal is achieved and recommendations are developed that have rough 
> consensus of the group, then the full Council, with balanced representation 
> from all constituencies and NomCom appointees, will then have opportunity to 
> act. Members should be selected who can commit sufficient time during the 
> next three-four months to facilitate achievement of the targeted 
> accomplishments describe in the next section (Working Timeline).
> 
> The Council will appoint an initial or interim chair [or co-chairs] and the 
> Working Group should, at its initial meeting, elect or confirm the chair and 
> co-chair(s).
> 
> 3. Working Timeline
> The Working Group is asked to convene at the earliest possible time and to 
> achieve the following targets:
> 1. Progress report in the upcoming intercessional working sessions of
> Dec05 PDP committee and the Feb06 PDP task force, scheduled for February
> 22-25
> 2. Progress report at least one week prior to the start of the Lisbon ICANN 
> meetings (16 March 2007).
> 3. Final report at least one week prior to the April 2007 GNSO Council 
> meeting.
> 
> Item 4: Process for electing a replacement for ICANN Board seat #13
> 
> Alejandro Pisanty's term on the ICANN Board concludes 6 months after the 
> ICANN annual meeting in 2006 (ie 8 June 2007). As recorded in the minutes of 
> 19 Feb 04
> (http://www.gnso.icann.org/meetings/minutes-gnso-19feb04.shtml)
> Alejandro is not eligible for re-election as he has reached the term limit 
> provisions in the ICANN bylaws ("no Director may serve more than three 
> consecutive terms").
> 
> The GNSO must inform the Secretary of ICANN of its selection for Board Seat 
> #13 before 8 May 2007.
> 
> Note also at any given time, no two Directors selected by a Supporting 
> Organization shall be citizens of the same country or of countries located in 
> the same Geographic Region. Rita Rodin was recently selected by the GNSO to 
> fill ICANN Board Seat #14, and is from North America.
> 
> (From ICANN bylaws http://www.icann.org/general/bylaws.htm#VI , Article VI, 
> section 8, clauses 1(e) and 3, and Section 2, clause 3)
> 
> The GNSO Secretariat will propose a timeline/process for consideration.
> 
> The Secretariat proposed the following timelines and summarised the election 
> procedure:
> http://gnso.icann.org/mailing-lists/archives/council/msg03184.html
> 
> Call for nominations by members of the GNSO Council:
> 3 weeks for Nominations:
> Opens on Monday 19 February 2007 closes on Monday 12 March 2007
> 
> Two weeks to verify and interview candidates Monday 12 March 2007 to Sunday 
> 25 March 2007
> 
> Start voting - first round
> Monday 2 April 2007 - Monday 9 April 2007
> 
> Start voting - second round
> Monday 9 April 2007 - Monday 16 April
> 
> Start voting - third round
> Monday 16 April 2007 - Monday 23 April
> 
> The results will be announced on 24 April, or before if the voting is 
> successfully completed.
> Proposed dates for GNSO Council meeting to confirm results:
> Thursday 26 April OR Thursday 3 May in time for the GNSO to give due notice 
> of its selection no later than five months after the Annual Meeting 2006, 
> which would be 8 May 2007.
> 
> In accordance with the ICANN Bylaws
> From Article VI, http://www.icann.org/general/bylaws.htm#VI
> 
> 3. In carrying out their responsibilities to fill Seats 9 through 14, the 
> Supporting Organizations shall seek to ensure that the ICANN Board is 
> composed of members that in the aggregate display diversity in geography, 
> culture, skills, experience, and perspective, by applying the criteria set 
> forth in Section 3 of this Article. At any given time, no two Directors 
> selected by a Supporting Organization shall be citizens of the same country 
> or of countries located in the same Geographic Region.
> The other ICANN Board seat holder elected by the GNSO is Rita Rodin from 
> North America.
> 
> Templates will be available for Nomination and Seconding of candidates All 
> nominations must be seconded by another GNSO Council member.
> 
> Each nomination must be accompanied by a brief description of how the 
> candidate meets the following selection criteria.
> http://www.icann.org/general/archive-bylaws/bylaws-28feb06.htm
> In addition, the candidate should fulfill the additional qualifications in 
> section 4, and international representation in section 5 of the ICANN bylaws 
> should be respected.
> 
> Only GNSO Council members may nominate, second and vote for candidates, 
> although GNSO Council members should consult with their constituencies with 
> regard to suitable candidates.
> All GNSO Council members are eligible to vote, that is, 3 representatives 
> from each constituency, Registrars, gTLD registries, Commercial and Business 
> Users (CBUC), Non Commercial Users (NCUC), Intellectual Property (IPC), and 
> Internet Service Providers and Connectivity Providers (ISPCP) and the 3 
> Nominating Committee appointees. Liaisons from the ALAC and the GAC do not 
> vote.
> As provided in the ICANN bylaws, each GNSO Council member representing either 
> the registrars constituency or the gTLD registries constituency will be 
> entitled to cast two votes in each round, and all other members (including 
> those selected by the Nominating Committee) shall be entitled to cast one 
> vote.
> 
> GNSO Council members who are candidates, will be replaced temporarily on the 
> Council by a member chosen by the constituency affected and that person will 
> have the right to vote.
> 
> The GNSO Secretariat will confirm the nomination, by sending an e-mail to the 
> candidate requesting their acceptance and convey the nomination and the 
> acceptance thereof to the GNSO Council list.
> 
> The voting will be "convention style" voting which consists of sequential 
> rounds of voting until a single candidate receives a majority of the votes on 
> the GNSO Council. For this reason several rounds of voting have been 
> foreseen. (see: Appendix A Convention Style Voting) There will be a total of 
> 27 votes cast and a majority is 14 or more.
> 
> Voting will take place by secret e-mail ballot which will be sent will be 
> sent out individually to each GNSO Council members' e-mail address. 
> At the scheduled times, the Secretariat will announce the results of each 
> round of balloting mentioning the confidential code number of each ballot and 
> the candidate for whom it was voted for Council members to check. In 
> exceptional cases where a GNSO Council member has no Internet access during 
> the voting period, a voice vote may be registered with the GNSO Secretariat 
> personally during the voting period, before the vote is closed.
> 
> The GNSO Council will confirm the results of the voting at a Council meeting.
> 
> Bruce Tonkin, seconded by Alistair Dixon proposed that the Council endorses 
> the election procedure and the timelines for the ICANN Board seat # 13 as 
> presented to the Council.
> 
> The motion was passed by an unanimous vote of acclamation
> 
> Decision 4: Council endorses the proposed election procedure and timelines 
> for the ICANN Board seat # 13.
> Call for nominations by members of the GNSO Council:
> 3 weeks for Nominations:
> Opens on Monday 19 February 2007 closes on Monday 12 March 2007
> 
> Two weeks to verify and interview candidates Monday 12 March 2007 to Sunday 
> 25 March 2007
> 
> Start voting - first round
> Monday 2 April 2007 - Monday 9 April 2007
> 
> Start voting - second round
> Monday 9 April 2007 - Monday 16 April
> 
> Start voting - third round
> Monday 16 April 2007 - Monday 23 April
> 
> Announce results 24 April, or before if the voting is successfully completed.
> 
> Proposed dates for GNSO Council meeting to confirm results:
> Thursday 26 April OR Thursday 3 May in time for the GNSO to give due notice 
> of its selection no later than five months after the Annual Meeting 2006, 
> which would be 8 May 2007.
> 
> In accordance with the ICANN Bylaws
> From Article VI, http://www.icann.org/general/bylaws.htm#VI
> 
> 3. In carrying out their responsibilities to fill Seats 9 through 14, the 
> Supporting Organizations shall seek to ensure that the ICANN Board is 
> composed of members that in the aggregate display diversity in geography, 
> culture, skills, experience, and perspective, by applying the criteria set 
> forth in Section 3 of this Article. At any given time, no two Directors 
> selected by a Supporting Organization shall be citizens of the same country 
> or of countries located in the same Geographic Region.
> [Note the other ICANN Board seat holder elected by the GNSO is Rita Rodin]
> 
> Templates will be available for Nomination and Seconding of candidates All 
> nominations must be seconded by another GNSO Council member.
> 
> Each nomination must be accompanied by a brief description of how the 
> candidate meets the following selection criteria 
> http://www.icann.org/general/archive-bylaws/bylaws-28feb06.htm
> 
> Section 3. CRITERIA FOR SELECTION OF DIRECTORS
> 
> ICANN Directors shall be:
> Accomplished persons of integrity, objectivity, and intelligence, with 
> reputations for sound judgment and open minds, and a demonstrated capacity 
> for thoughtful group decision-making;
> 
> Persons with an understanding of ICANN's mission and the potential impact of 
> ICANN decisions on the global Internet community, and committed to the 
> success of ICANN;
> 
> Persons who will produce the broadest cultural and geographic diversity on 
> the Board consistent with meeting the other criteria set forth in this 
> Section;
> 
> Persons who, in the aggregate, have personal familiarity with the operation 
> of gTLD registries and registrars; with ccTLD registries; with IP address 
> registries; with Internet technical standards and protocols; with 
> policy-development procedures, legal traditions, and the public interest; and 
> with the broad range of business, individual, academic, and non-commercial 
> users of the Internet;
> 
> Persons who are willing to serve as volunteers, without compensation other 
> than the reimbursement of certain expenses; and
> 
> Persons who are able to work and communicate in written and spoken English.
> 
> Section 4. ADDITIONAL QUALIFICATIONS
> 
> 1. Notwithstanding anything herein to the contrary, no official of a national 
> government or a multinational entity established by treaty or other agreement 
> between national governments may serve as a Director. As used herein, the 
> term "official" means a person (i) who holds an elective governmental office 
> or (ii) who is employed by such government or multinational entity and whose 
> primary function with such government or entity is to develop or influence 
> governmental or public policies.
> 
> 2. No person who serves in any capacity (including as a liaison) on any 
> Supporting Organization Council shall simultaneously serve as a Director or 
> liaison to the Board. If such a person accepts a nomination to be considered 
> for selection by the Supporting Organization Council to be a Director, the 
> person shall not, following such nomination, participate in any discussion 
> of, or vote by, the Supporting Organization Council relating to the selection 
> of Directors by the Council, until the Council has selected the full 
> complement of Directors it is responsible for selecting. In the event that a 
> person serving in any capacity on a Supporting Organization Council accepts a 
> nomination to be considered for selection as a Director, the constituency 
> group or other group or entity that selected the person may select a 
> replacement for purposes of the Council's selection process.
> 
> 3. Persons serving in any capacity on the Nominating Committee shall be 
> ineligible for selection to positions on the Board as provided by Article 
> VII, Section 8.
> 
> Section 5. INTERNATIONAL REPRESENTATION
> In order to ensure broad international representation on the Board, the 
> selection of Directors by the Nominating Committee and each Supporting 
> Organization shall comply with all applicable diversity provisions of these 
> Bylaws or of any Memorandum of Understanding referred to in these Bylaws 
> concerning the Supporting Organization. One intent of these diversity 
> provisions is to ensure that at all times each Geographic Region shall have 
> at least one Director, and at all times no region shall have more than five 
> Directors on the Board (not including the President). As used in these 
> Bylaws, each of the following is considered to be a "Geographic Region": 
> Europe; Asia/Australia/Pacific; Latin America/Caribbean islands; Africa; and 
> North America. The specific countries included in each Geographic Region 
> shall be determined by the Board, and this Section shall be reviewed by the 
> Board from time to time (but at least every three years) to determine whether 
> any change is appropriate, !
> taking account of the evolution of the Internet.
> 
> Only GNSO Council members may nominate and vote for candidates, although GNSO 
> Council members should consult with their constituencies with regard to 
> suitable candidates
> 
> Accepting Nominations:
> The GNSO Secretariat will confirm the nomination, by sending an e-mail to the 
> candidate requesting their acceptance.
> The GNSO Secretariat shall convey the nomination and the acceptance thereof 
> to the GNSO Council list.
> 
> B. VOTING PROCEDURE
> The voting will be "convention style" voting. This consists of sequential 
> rounds of voting until a single candidate receives a majority of the votes on 
> the GNSO Council.
> (see: Appendix A Convention Style Voting
> http://gnso.icann.org/elections/election-procedures-01jun06.htm)
> (There will be a total of 27 votes cast and a majority is 14 or more.)
> 
> C. PROPOSED SCHEDULE FOR THE ROUNDS OF CONVENTION STYLE VOTING Start voting - 
> first round Monday 2 April 2007 - Monday 9 April 2007
> 
> Start voting - second round
> Monday 9 April 2007 - Monday 16 April
> 
> Start voting - third round
> Monday 16 April 2007 - Monday 23 April
> 
> D. GNSO COUNCIL MEMBERS ELIGIBLE TO VOTE:
> 
> All GNSO Council members are eligible to vote, that is, 3 representatives 
> from each constituency, Registrars, gTLD registries, Commercial and Business 
> Users (CBUC), Non Commercial Users (NCUC), Intellectual Property (IPC), and 
> Internet Service Providers and Connectivity Providers (ISPCP) and the 3 
> Nominating Committee appointees. Liaisons from the ALAC and the GAC do not 
> vote.
> 
> GNSO Council members who are candidates, will be replaced temporarily on the 
> Council by a member chosen by the constituency affected and that person will 
> have the right to vote.
> 
> E. COUNTING OF VOTES:
> As provided in the ICANN bylaws,
> http://www.icann.org/general/archive-bylaws/bylaws-28feb06.htm, Article X, 
> section 5.2.
> each GNSO Council member representing either the registrars constituency or 
> the gTLD registries constituency will be entitled to cast two votes in each 
> round, and all other members (including those selected by the Nominating 
> Committee) shall be entitled to cast one vote.
> 
> There will be a total of 27 votes cast and a majority is 14 or more.
> 
> F. VOTING
> Voting will take place by secret e-mail ballot.
> 
> 1. Ballots will be sent out individually to each GNSO Council members' 
> e-mail address.
> 2. Ballots should be filled out and returned to the e-mail address stated in 
> the ballot. They should not be copied to any e-mail list.
> 3. At the scheduled times, the Secretariat will announce the results of each 
> round of balloting by sending a message to the <council@xxxxxxxxxxxxxx> 
> mailing list. These announcements will include:
> a. The number of votes received by each candidate; b. The names of the GNSO 
> Council members from whom ballots were received; and c. The confidential code 
> number of each ballot and the candidate for whom it was voted.
> Item 3(c) will allow each GNSO Council member to double-check that his or her 
> ballot was properly understood, but will not allow others to determine how 
> the member voted.
> 4. In exceptional cases where a GNSO Council member has no Internet access 
> during the voting period, a voice vote may be registered with the GNSO 
> Secretariat personally during the voting period, before the vote is closed.
> 
> G. DISCLOSURE OF THE VOTING
> The Secretariat will announce the outcome of the voting at the close of the 
> voting period.
> The GNSO Council will confirm the results of the voting at a Council meeting. 
> Once that occurs, the GNSO Secretariat will prepare and post a full record of 
> all voting, including how each member voted in each round.
> 
> H. DISCUSSION MAILING LIST DURING ELECTIONS 1. In accordance with a decision 
> as noted in:
> http://www.dnso.org/dnso/notes/20030325.GNSOrio-captioning.html
> http://www.dnso.org/dnso/notes/20030325.GNSOrio-minutes.html
> Public archiving of the GNSO Council list will not be stopped.
> A separate archive and mailing list will be created for the purpose of 
> managing elections going forward. This list will (a) exclude those Council 
> members who are candidates; but include (b) any liaisons from the ALAC or GAC 
> to the GNSO Council; and (c) the GNSO Secretariat.
> The list recipients and archiving will be concluded at the end of the process.
> 
> This list name is elections-gnso@xxxxxxxxx and archives will be posted at 
> http://forum.icann.org/lists/elections-gnso/ following the conclusion of the 
> election.
> 
> 2. Messages posted to the list should be treated as confidential until the 
> end of the elections. The GNSO Secretariat may, however, disclose them to the 
> General Counsel's office to the extent appropriate to obtain advice about how 
> to handle procedural problems that arise during the voting process.
> 
> The Council list should continue to be used for normal policy development 
> work.
> 
> Please note that the General Counsel and Deputy General Counsel will not be 
> recipients of the special election mailing list during this period, so they 
> should be copied on any particular message that you wish to bring to their 
> attention.
> 
> Item 5 AOB
> 
> Bruce Tonkin, seconded by Cary Carp, proposed a vote of thanks to Marilyn 
> Cade, from the Commercial and Business Users Constituency whose term expired, 
> for her outstanding service on the Council.
> 
> The motion passed with an unanimous vote of acclamation.
> 
> Decision 5: Council thanked Marilyn Cade, from the Commercial and Business 
> Users Constituency whose term expired, for her outstanding service on the 
> Council.
> 
> Bruce Tonkin formally closed the meeting and thanked everybody for 
> participating.
> 
> The meeting ended: 22:00 UTC
> 
> Next GNSO Council teleconference will be on 1 March 2007 at 19:00 UTC.
> see: Calendar
> 
> Summary of Work Items arising from the minutes:
> 
> 1. Arising from Item 3.
> 
> 1 a. Form working group on Mechanisms to protect rights of others, including 
> preventive Intellectual Property Protection Mechanisms.
> 
> 2 b. Refine the Statement of work with Chuck Gomes, Kristina Rosette, Ute 
> Decker and the General Counsel's office to release a new draft.
> 
> 2 Arising from Item 4.
> 
> The call for nominations will open on 19 February 2007.
> 
> 
> --
> Glen de Saint Géry
> GNSO Secretariat - ICANN
> gnso.secretariat[at]gnso.icann.org
> http://gnso.icann.org
>