[council] GNSO Council motions passed on Thursday 12 April 2008

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

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

Dear Council Members,

Ahead of the complete minutes, please find the motions that were passed 
by the GNSO Council at the teleconference on Thursday, 17 April, 2008.
Kind regards,
Glen

Motion 1
=========

The GNSO Council approved the creation of a drafting team charged with 
producing a recommendation for Council deliberation that includes 
precise wording for the 4  provisions for reason for denial of 
Inter-Registrar transfers.
http://gnso.icann.org/drafts/final-report-irt-policy-09apr08.pdf
Drafting is open to participants from all constituencies, Nominating 
Committee appointees and liaisons to the GNSO Council.
Motion 2
========

Whereas, the GNSO Council has discussed the Issues Report on Domain 
Tasting and the Final Outcomes Report of the ad hoc group on Domain Tasting;
Whereas, the GNSO Council resolved on 31 October 2007 to launch a PDP on 
Domain Tasting;
Whereas, the GNSO Council authorized on 17 January 2008 the formation of 
a small design team to develop a plan for the deliberations on the 
Domain Tasting PDP (the "Design Team"), the principal volunteers to 
which had been members of the Ad Hoc Group on Domain Tasting and were 
well-informed of both the Final Outcomes Report of the Ad Hoc Group on 
Domain Tasting and the GNSO Initial Report on Domain Tasting 
(collectively with the Issues Report, the "Reports on Domain Tasting");
Whereas, the GNSO Council has received the Draft Final Report on Domain 
Tasting;
Whereas, PIR, the .org registry operator, has amended its Registry 
Agreement to charge an Excess Deletion Fee; and both NeuStar, the .biz 
registry operator, and Afilias, the .info registry operator, are seeking 
amendments to their respective Registry Agreements to modify the 
existing AGP;
The GNSO Council recommends to the ICANN Board of Directors that:

1. The applicability of the Add Grace Period shall be restricted for any 
gTLD which has implemented an AGP ("Applicable gTLD Operator").
Specifically, for each Applicable gTLD Operator:

a. During any given month, an Applicable gTLD Operator may not offer any 
refund to a registrar for any domain names deleted during the AGP that 
exceed (i) 10% of that registrar's net new registrations in that month 
(defined as total new registrations less domains deleted during AGP), or
(ii) fifty (50) domain names, whichever is greater.

b. A Registrar may seek an exemption from the application of such 
restriction in a specific month, upon the documented showing of 
extraordinary circumstances. For any Registrar requesting such an 
exemption, the Registrar must confirm in writing to the Registry 
Operator how, at the time the names were deleted, these extraordinary 
circumstances were not known, reasonably could not have been known, and 
were outside of the Registrar's control. Acceptance of any exemption 
will be at the sole reasonable discretion of the Registry Operator, 
however "extraordinary circumstances" which reoccur regularly will not 
be deemed extraordinary.
c. In addition to all other reporting requirements to ICANN, each 
Applicable gTLD Operator shall identify each Registrar that has sought 
an exemption, along with a brief descriptive identification of the type 
of extraordinary circumstance and the action (if any) that was taken by 
the Applicable gTLD Operator.
2. Implementation and execution of these recommendations shall be 
monitored by the GNSO. Specifically;
a. ICANN Staff shall analyze and report to the GNSO at six month 
intervals for two years after implementation, until such time as the 
GNSO resolves otherwise, with the goal of determining;
i. How effectively and to what extent the policies have been implemented 
and followed by Registries and Registrars, and
ii. Whether or not modifications to these policies should be considered 
by the GNSO as a result of the experiences gained during the 
implementation and monitoring stages,
b. The purpose of these monitoring and reporting requirements are to 
allow the GNSO to determine when, if ever, these recommendations and any 
ensuing policy require additional clarification or attention based on 
the results of the reports prepared by ICANN Staff.
19 Votes in favour. The motion passed by a supermajority.

19 Votes in favour: Philip Sheppard, Mike Rosenbaugh, Bilal Beiram, 
Kristaina Rosette, Cyril Chua, Tony Hlmes, Tony Harris, Greg Ruth, 
Norbert Klein, Avri Doria, Olga Cavalli (one vote each)
Tom Keller, Chuck Gomes, Jordi Iparraguirre, Edmon Chung (two votes each)

4 Votes against: Adrian Kinderis, Tim Ruiz (two votes each)

Ute Decker had bad network connectivity and was cut off the call for the 
vote.
Absent: Robin Gross, Carlos Souza, Jon Bing

Thank you,
Kind regards,

Glen
--
Glen de Saint Géry
GNSO Secretariat - ICANN
gnso.secretariat[at]gnso.icann.org
http://gnso.icann.org