[council] GNSO Council resolutions 29 May 2008

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

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

Dear Council Members,

During its meeting of 29 May, the GNSO  council decided to create a WG 
in order to meet its requirements for the PDP.  The details are 
contained in the motion in plain text below.
In order to initiate this working group the following steps are being taken:

- This public announcement is being made of the working group's 
formation. Each constituency, and the liaisons, are invited to discuss 
the composition of the working group and to provide a list of names of 
expected participants who can then be added to the WG mailing list. 
Other stakeholders and experts may be invited to join the WG by the GNSO 
council.  Community members who wish to be invited to join the group 
should contact the GNSO secretariat and the invitations will be reviewed 
by the GNSO council.
- The Working Group will have an initial meeting on 21 June (time to be 
announced) in Paris.  Remote participation facilities will be available.
- At the initial meeting, one topic will be that of a picking a working 
group chair.   The choice of working group chair will be subject to GNSO 
council approval at its meeting of 25 June. It is expected that 
discussion on candidates for chair will occur before the 21 June 
meeting.  In the interim, Avri Doria, as GNSO council chair, will chair 
the working group.
- The GNSO council in its approval of the charter decided that more 
guidance may be required on the meaning of rough consensus and its 
application to this WG.  This topic will be discussed on the GNSO 
council list and if/when further guidance is agreed upon, it will be 
forwarded to the working group and its chair.
- At its meeting on 25 June, the GNSO council will also decide on its 
liaison to the WG.  Interested council members are invited to make their 
willingness to serve in this capacity known. ,
Glen
.........................................................................
Motion passed by the GNSO Council
=================================
Whereas Council has decided to launch a PDP to consider potential policy 
development to address fast flux hosting;
Note from the GNSO Issues Report on Fast Flux Hosting:
In this context, the term “fast flux” refers to rapid and repeated 
changes to A and/or NS resource records in a DNS zone, which have the 
effect of rapidly changing the location (IP address) to which the domain 
name of an Internet host (A) or name server (NS) resolves.
The GNSO Council RESOLVES:

To form a Working Group of interested stakeholders and Constituency 
representatives, to collaborate broadly with knowledgeable individuals 
and organizations, in order to develop potential policy options to 
curtail the criminal use of fast flux hosting. The WG is also open to 
invited experts and to members of the ICANN advisory committees whether 
acting in their own right or as representatives of their AC.
Charter

The Working Group initially shall consider the following questions:

Who benefits from fast flux, and who is harmed?

Who would benefit from cessation of the practice and who would be harmed?

Are registry operators involved, or could they be, in fast flux hosting 
activities? If so, how?
Are registrars involved in fast flux hosting activities? If so, how?

How are registrants affected by fast flux hosting?

How are Internet users affected by fast flux hosting?

What technical, e.g. changes to the way in which DNS updates operate, 
and policy, e.g. changes to registry/registrar agreements or rules 
governing permissible registrant behavior measures could be implemented 
by registries and registrars to mitigate the negative effects of fast flux?
What would be the impact (positive or negative) of establishing 
limitations, guidelines, or restrictions on registrants, registrars 
and/or registries with respect to practices that enable or facilitate 
fast flux hosting? What would be the impact of these limitations, 
guidelines, or restrictions to product and service innovation?
What are some of the best practices available with regard to protection 
from fast flux?
Obtain expert opinion, as appropriate, on which areas of fast flux are 
in scope and out of scope for GNSO policy making.
The Working Group shall report back to Council within 90 days, with a 
report discussing these questions and the range of possible answers 
developed by the Working Group members. The Working Group report also 
shall outline potential next steps for Council deliberation. These next 
steps may include further work items for the WG or policy recommendation 
for constituency and community comment and review and for council 
deliberation
Working Group Processes:

While the development of guidelines for Working operations, are still to 
be developed the following guidelines will apply to this WG:
The WG shall function on the basis of rough consensus, meaning all 
points of view will be discussed until the chair can ascertain that the 
point of view is understood and has been covered. Anyone with a minority 
view will be invited to include a discussion in the WG report. Minority 
report should include the names and affiliations of those contributing 
to the minority report.
In producing the WG report, the chair will be responsible for 
designating each position as having one of the following designations:
Rough consensus position - a position where a small minority disagrees 
but most agree
Strong support but significant opposition
Minority viewpoint

If several participants in a WG disagree with the designation given to a 
position by the chair or any other rough consensus call, they can follow 
these steps sequentially :
Send email to the chair, copying the WG explaining why the decision is 
believed to be in error.
If the chair still disagrees, forward the appeal to the council 
liaison(s) to the group. The chair must explain his or her reasoning in 
the response.
If the liaisons support the chair's position, forward the appeal to the 
council. The liaison(s) must explain his or her reasoning in the response.
If the council supports the chair and liaison's position, attach a 
statement of the appeal to the board report. This statement should 
include all of the documentation from all steps in the appeals process 
and should include a statement from the council.
The chair, in consultation with the GNSO council liaison(s) is empowered 
to restrict the participation of someone who seriously disrupts the WG. 
Any such restriction will be reviewed by the GNSO council. Generally the 
participant should first be warned privately, and then warned publicly 
before such a restriction is put into place. In extreme circumstances 
this requirement may be bypassed.
The WG will have an archived mailing list. The mailing list will be open 
for reading by the community. All WG meetings will be recorded and all 
recordings will be available to the public. A fast flux mailing list has 
been created <gnso-ff-pdp-may08@xxxxxxxxx> public archives are at: 
http://forum.icann.org/lists/gnso-ff-pdp-may08/
If the guidelines for WG processes change during the course of the WG, 
the WG may continue to work under the guidelines active at the time it 
was (re)chartered or use the new guidelines.
The council liaisons to the WG will be asked to report on the WG status 
monthly to the council.
All WG charters must be reviewed by the GNSO council every 6 months for 
renewal.
Milestone (dates to be updated if/when charter is approved)

With assistance from Staff, template for constituency comments due 40 
days after WG is initiated
Constituency statements due 30 days after template is released.

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