RE: [council] Draft minutes of the GNSO Council teleconference 7 June 2007
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- Subject: RE: [council] Draft minutes of the GNSO Council teleconference 7 June 2007
- From: "Mike Rodenbaugh" <mxr@xxxxxxxxxxxxx>
- Date: Mon, 18 Jun 2007 20:05:55 -0700
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- Thread-topic: [council] Draft minutes of the GNSO Council teleconference 7 June 2007
I am sorry to have missed this meeting.
I am concerned about Item 6 -- Domain Tasting -- and have a couple questions.
>>>> Item 6: Any other business
6.1 Domain Name Tasting Issues Report
Bruce Tonkin commented that the key issue was to have clear terms of reference
to start the Policy Development Process (PDP) and suggested that if
constituencies or Council members considered going ahead with the process they
should draft a proposed terms of reference for consideration by the Council at
its meeting in San Juan, or alternatively the Council may request that staff
conduct further fact finding and research before initiating a PDP.
Are any Councilors or Liasons working on a draft TOR and would like some
assistance, or will volunteer to work on same with me this week?
Do any Councilors have particular issues for 'further fact finding and
research' that they deem necessary before initiating a PDP?
Personally I found the Staff Report fairly thorough, and feel this issue is
extremely ripe for a PDP to be initiated at our San Juan meeting.
From: owner-council@xxxxxxxxxxxxxx [mailto:owner-council@xxxxxxxxxxxxxx] On
Behalf Of GNSO.SECRETARIAT@xxxxxxxxxxxxxx
Sent: Sunday, June 17, 2007 5:36 AM
To: 'Council GNSO'
Subject: [council] Draft minutes of the GNSO Council teleconference 7 June 2007
Dear Council Members,
Please find the draft minutes of the GNSO Council teleconference held on
7 June 2007.
Please let me know if you would like any changes made.
Thank you very much.
7 June 2007
Proposed agenda and documents
List of attendees:
Philip Sheppard - Commercial & Business Users C.
Mike Rodenbaugh - Commercial & Business Users C. - absent
Alistair Dixon - Commercial & Business Users C
Greg Ruth - ISCPC
Antonio Harris - ISCPC
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
Kiyoshi Tsuru - Intellectual Property Interests C - absent
Robin Gross - NCUC
Norbert Klein - NCUC.
Mawaki Chango - NCUC
Sophia Bekele - Nominating Committee appointee - absent
Jon Bing - Nominating Committee appointee - absent - apologies
Avri Doria - Nominating Committee appointee
17 Council Members
(23 Votes - quorum)
Dan Halloran - Deputy General Counsel
Kurt Pritz - Senior Vice President, Services
Denise Michel - Vice President, Policy Development
Olof Nordling - Manager, Policy Development Coordination
Liz Williams - Senior Policy Counselor
Maria Farrell - GNSO Policy Officer
Craig Schwartz - Chief gTLD Registry Liaison
Karin Lentz - gTLD Registry Liaison
Glen de Saint Géry - GNSO Secretariat
GNSO Council Liaisons
Suzanne Sene - GAC Liaison - absent - apologies
Alan Greenberg - ALAC Liaison
Rita Rodin - ICANN Board member
Invited observers to the new gTLD PDP
Adrian Kinderis - Registrar constituency observer
Marilyn Cade - CBUC
Mark McFadden - ISPCP Secretariat
Jon Nevett - Registrar constituency chair
Werner Staub - Registrar constituency
Ken Stubbs - Registry constituency
Victoria McEvedy - NCUC
Miriam Sapiro - consultant
Ray Fassett - registry
Quorum present at 12:10 UTC.
Bruce Tonkin chaired this meeting
Approval of the agenda
Item 1: Update any Statements of Interest
Item 2: Approval of the GNSO Council minutes 24 May 2007
Chuck Gomes moved the adoption of the GNSO Council minutes, 24 May 2007
Mawaki Chango abstained
Approval of the GNSO Council minutes of 24 May 2007
Decision 1: The GNSO Council minutes of 24 May 2007 were adopted.
Item 3: Ratify the result of the election for the GNSO Council chair
The chair must receive affirmative votes comprising a majority of the
votes of all the members of the GNSO Council - ie at least 14 votes
The election results were:
15 FOR Avri Doria
9 FOR Philip Sheppard
There were 27 votes in total accounting for 21 Council members.
19 Council members voted - accounting for 24 votes. 2 Council members
did not return their ballots accounting for 3 votes, one council member
holding a single vote and one holding a double vote.
Bruce Tonkin proposed a procedural motion to ratify the results of the
GNSO Council Chair election and congratulate Avri Doria as the new GNSO
The motion passed by a unanimous vote of acclamation.
Decision 2: The GNSO Council ratified the results of the GNSO Council
chair election and congratulated Avri Doria as the new GNSO Council chair.
Item 4: Review new gTLD recommendations
The purpose of this discussion is to review any changes/updates to the
draft recommendations since Lisbon.
Council discussed the recommendations and the following changes were
made on the call.
(The italics indicate text that was struck, and the bold indicates text
that was added.)
NEW TOP LEVEL DOMAIN INTRODUCTION:
ICANN must implement a process that allows the introduction of new
The evaluation and selection procedure for new gTLD registries should
respect the principles of fairness, transparency and non-discrimination.
All applicants for a new gTLD registry should therefore be evaluated
against transparent and predictable criteria, fully available to the
applicants prior to the initiation of the process. Normally, therefore,
no subsequent additional selection criteria should be used in the
Strings must not be confusingly similar to an existing top-level domain.
In the interests of consumer confidence and security, new gTLDs should
not be confusingly similar to existing TLDs. To avoid confusion with
country-code Top Level Domains no two letter gTLDs should be introduced.
Strings must not infringe the existing legal rights of others that are
recognized or enforceable under generally accepted and internationally
recognized principles of law.
Examples of these legal rights that are internationally recognized
include, but are not limited to, rights defined in the Paris Convention
for the Protection of Industrial Property (in particular trademark
rights), the Universal Declaration of Human Rights and the International
Covenant on Civil and Political Rights (in particular freedom of speech
The process for introducing new gTLDs must make proper allowance for
prior third party rights, in particular trademark rights as well as
rights in the names and acronyms of inter-governmental organizations
Strings must not cause any technical instability.
Strings must not be a Reserved Word.
ICANN should avoid country, territory or place names, and country,
territory or regional language or people descriptions, unless in
agreement with the relevant governments or public authorities. [GAC2.2]
Strings must not be contrary to generally accepted legal norms relating
to morality and public order that are enforceable under generally
accepted and internationally recognized principles of law.
Examples of such limitations that are internationally recognized
include, but are not limited to, restrictions defined in the Paris
Convention for the Protection of Industrial Property (in particular
restrictions on the use of some strings as trademarks), and the
Universal Declaration of Human Rights (in particular limitations to
freedom of speech rights).
New gTLDs should respect:
a) The provisions of the Universal Declaration of Human Rights which
seek to affirm "fundamental human rights, in the dignity and worth of
the human person and in the equal rights of men and women".
b) The sensitivities regarding terms with national, cultural, geographic
and religious significance. [GAC2.1]
Applicants must be able to demonstrate their technical capability to run
a registry operation for the purpose that the applicant sets out.
Applicants must be able to demonstrate their financial and
organisational operational capability.
An application will be rejected or otherwise deferred if it is
determined, based on public comments or otherwise, that there is
substantial opposition to it from among significant established
institutions of the economic sector, or cultural or language community,
to which it is targeted or which it is intended to support.
There must be a clear and pre-published application process using
objective and measurable criteria.
There must be a base contract provided to applicants at the beginning of
the application process.
Text and recommendation struck
Staff Evaluators will be used to make preliminary determinations about
applications as part of a process which includes the use of expert
panels to make decisions.
Dispute resolution and challenge processes must be established prior to
the start of the process.
Applications must initially be assessed in rounds until the scale of
demand is clear.
The initial registry agreement term must be of a commercially reasonable
There must be renewal expectancy.
Registries must apply existing Consensus Policies and adopt new
Consensus Polices as they are approved.
A clear compliance and sanctions process must be set out in the base
contract which could lead to contract termination.
If an applicant offers an IDN service, then ICANN's IDN guidelines must
Registries must use ICANN accredited registrars.
An application will be rejected if it is determined, based on public
comments or otherwise, that there is substantial opposition to it from
among significant established institutions of the economic sector, or
cultural or language community, to which it is targeted or which it is
intended to support
Item 5: Review options for voting on the recommendations (note a vote
will not be conducted at this meeting, but the aim is to discuss the how
such a vote would be managed):
(a) Each Council member votes on recommendations as a whole
(b) Each Council member votes on each individual recommendation
(c) We separate recommendations that are "complete", versus those that
need further work
Bruce Tonkin drew attention to the fact that Council votes on the
recommendations of the new gTLD committee and does not actually approve
the report, compiled by staff, that consists of appendices, records of
public comments and constituency statements and such like which is sent
to the ICANN Board for consideration.
There was general agreement that the Council would wait for an updated
version and further discussion at the meetings in San Juan and possibly
vote on all the recommendations together, after the ICANN meetings in
Item 6: Any other business
6.1 Domain Name Tasting Issues Report
Bruce Tonkin commented that the key issue was to have clear terms of
reference to start the Policy Development Process (PDP) and suggested
that if constituencies or Council members considered going ahead with
the process they should draft a proposed terms of reference for
consideration by the Council at its meeting in San Juan, or
alternatively the Council may request that staff conduct further fact
finding and research before initiating a PDP.
Bruce Tonkin handed the Chair to Avri Doria.
Avri Doria thanked Bruce Tonkin personally, and on behalf of the Council
for his excellent leadership and wished him the best of luck as a Board
Avri Doria formally closed the meeting and thanked everyone for their
The meeting ended: 15:25 UTC
Next GNSO Council meeting will be on 27 June 2007 at 10:30 local time in
San Juan, Puerto Rico. .
Summary of Work Items arising from the minutes:
Item 4. Staff to update new gTLD recommendations and report
Glen de Saint Géry
GNSO Secretariat - ICANN