[council] Draft Agenda GNSO Council Meeting 21 July 2016 at 21:00 UTC

[Glen de Saint Géry <Glen@xxxxxxxxx>]

Dear Councillors,
Please find the proposed Agenda for the GNSO Council Meeting 21 July 2016 at 
21:00 UTC.
The agenda is also posted on pages:
https://community.icann.org/display/gnsocouncilmeetings/Agenda+21+July+2016
http://gnso.icann.org/en/meetings/agenda-council-21jul16-en.htm

Please note that all documents referenced in the agenda have been gathered on a 
Wiki page for convenience and easier access:
https://community.icann.org/x/4AabAw
This agenda was established according to the GNSO Council Operating 
Procedures,<http://gnso.icann.org/en/council/op-procedures-24jun15-en.pdf> 
approved and updated on 24 June 2015.

For convenience:
·        An excerpt of the ICANN Bylaws defining the voting thresholds is 
provided in Appendix 1 at the end of this agenda.
·        An excerpt from the Council Operating Procedures defining the absentee 
voting procedures is provided in Appendix 2 at the end of this agenda.

Coordinated Universal Time: 21:00 UTC
http://tinyurl.com/zhymnek
14:00 Los Angeles; 17:00 Washington; 22:00 London; 00:00 Istanbul; 07:00 Hobart

GNSO Council Meeting Audio Cast
To join the event click on the link: http://stream.icann.org:8000/gnso.m3u
Councilors should notify the GNSO Secretariat in advance if they will not be 
able to attend and/or need a dial out call.
Councilors should notify the GNSO Secretariat in advance if they will not be 
able to attend and/or need a dial out call.
___________________________________________

Item 1: Administrative matters (5 minutes)
1.1 - Roll call
1.2 - Updates to Statements of Interest
1.3 - Review/amend agenda.
1.4  - Note the status of minutes for the previous Council meetings per the 
GNSO Operating Procedures:

Minutes of the GNSO Council Public Meeting on 30 June 2016  to be approved on 
xxxxx 2016.

Item 2: Opening Remarks / Review of Projects & Action List (5 minutes)
2.1 - Review focus areas and provide updates on specific key themes / topics, 
to include review of Projects List 
<http://gnso.icann.org/meetings/projects-list.pdf> and Action 
List<https://community.icann.org/display/gnsocouncilmeetings/Action+Items>
Item 3: Consent agenda (0 minutes)
Item 4: COUNCIL VOTE - Approval of Primary and Secondary Liaison Candidates for 
the Customer Standing Committee (20 minutes)
The package of 
proposals<https://www.icann.org/en/system/files/files/iana-stewardship-transition-package-10mar16-en.pdf>
 that was developed by the community in relation to the IANA Stewardship 
Transition called for the creation of a new structure to provide operational 
oversight of the performance of the IANA naming function, a role currently 
performed by the United States government through the National 
Telecommunications and Information Authority (NTIA). This new oversight 
structure is to be called the Customer Standing Committee (CSC), and its role 
is to monitor the performance of the IANA naming function against agreed 
service level targets. The CSC may also initiate reviews of and make 
recommendations for changes to service level targets. As a ICANN Supporting 
Organization, the GNSO may appoint a liaison to the CSC, in addition to the two 
gTLD registry operator members to be selected by the Registries Stakeholder 
Group (RySG). The liaison appointment is of a primary and a secondary 
candidate, both of whom must meet the qualification requirements and be 
geographically diverse.
The final composition of members of and liaisons to the CSC is to be approved 
first by the RySG and the ccNSO, and secondly by the GNSO and ccNSO, who will 
also decide which members and liaisons will serve inaugural three-year terms. 
Liaison candidates are to be confirmed by 22 July 2016, and the final slate of 
members and liaisons, as determined by the ccNSO and GNSO, is to be sent to 
ICANN on 10 August.
The GNSO's CSC Selection Committee consists of Councilors Susan Kawaguchi, 
David Cake, Wolf-Ulrich Knoben and Rubens Kuhl and Heather Forrest. At ICANN56, 
the Selection Committee updated the Council on its work to date and confirmed 
the timeline for CSC appointments. Here the Council will consider the 
recommendations of the Selection Committee for the primary and secondary GNSO 
liaison appointments.
4.1 - Presentation of the motion<https://community.icann.org/x/BAObAw> 
(Wolf-Ulrich Knoben)
4.2 - Discussion
4.3 - Council vote (voting threshold: simple majority)
Item 5: COUNCIL VOTE - Approval of Implementation Mechanism for the Adopted 
Recommendations from the 2014 GNSO Organizational Review (15 minutes)
In September 2015, the Independent Examiner that had been appointed to conduct 
the 2014 GNSO organizational review published its Final Report. At its meeting 
in April 2016, the GNSO Council adopted, with one modification, the proposed 
Feasibility and Prioritization Analysis of the Independent Examiner's 
recommendations that was prepared by the GNSO Working Party (see 
http://gnso.icann.org/en/council/resolutions#201604). The Working Party had 
been formed to liaise between the GNSO, the Board's Organizational 
Effectiveness Committee (OEC) and the Independent Examiner. On 25 June 2016, 
the ICANN Board agreed with the OEC's advice that the GNSO Working Party's 
Feasibility and Prioritization Analysis (as adopted by the GNSO Council) should 
guide the implementation process, and requested that the GNSO Council convene a 
group to oversee the implementation. The Board further requested that an 
implementation plan, containing a realistic timeline for the implementation, 
definition of desired outcomes and a way to measure current state as well as 
progress toward the desired outcome, be submitted to the Board no later than 
six months after the adoption of the Board's resolution, and the GNSO Council 
provide a regular report on the progress of the implementation effort (see 
https://www.icann.org/resources/board-material/resolutions-2016-06-25-en#2.e).
The GNSO Council had previously requested that ICANN staff prepare a paper on 
possible mechanisms for implementation upon Board approval of the GNSO 
organizational review recommendations. The Discussion 
Paper<http://gnso.icann.org/en/drafts/review-implementation-recommendations-22jun16-en.pdf>
 was circulated to the Council on 20 June 2016 and discussed by the Council at 
its Public Meeting during ICANN56. Here the Council will consider the 
suggestion and a draft 
Charter<http://mailer.samanage.com/wf/click?upn=KTB340yHI8DoUtMP4BGJnuFT4taHix-2FWCICVaGtUyTdJmLDBIPUDNI1mT6nVUmNnhoqFP9c-2FdG9lE3JHU0Mt8GJassnKCM6WGwBLL5UHYOQ-3D_r-2BdYbSjRm9r0i9vSiPZtW-2BX-2BAwnBbxYJcYft8cAni3iLz7nHdH1TO6yId4yJ1X5bCjn7UQ8ekPGWrKZXzU-2FB>
 , stemming from its ICANN56 discussion, for repurposing the GNSO's Standing 
Committee on GNSO Improvements to function as a Working Group to develop the 
implementation plan.
5.1 - Presentation of the motion<https://community.icann.org/x/BAObAw> 
(Wolf-Ulrich Knoben)
5.2 - Discussion
5.3 - Council vote (voting threshold: simple majority)
Item 6: COUNCIL VOTE - Response to GAC Communique from ICANN56 (25 minutes)
The GAC 
Communique<https://gacweb.icann.org/download/attachments/27132037/20160630_GAC%20ICANN%2056%20Communique_FINAL%20.pdf?version=1&modificationDate=1467306358279&api=v2>
 from ICANN56 contained GAC advice on several gTLD policy issues, including 
future gTLD policies and procedures, privacy and proxy services accreditation, 
and protections for International Governmental Organizations' (IGO) names and 
acronyms. Starting in July 2015, the GNSO Council has reviewed each GAC 
Communiqué for issues relating to gTLD policy, with a view toward providing 
feedback to the ICANN Board as well as the broader community concerning past, 
present or future GNSO policy activities relating to advice provided by the 
GAC. A draft response [INSERT LINK] was circulated to the GNSO Council on 
[INSERT DATE]. Here the Council will consider whether or not to provide a 
response to the Board concerning the relevant gTLD issues raised by the GAC in 
its Helsinki Communique.
6.1 -  Presentation of the 
motion<https://community.icann.org/display/gnsocouncilmeetings/Motions+21+July+2016>
 (James Bladel)
6.2 - Council discussion
6.3 - Council vote (voting threshold: simple majority)
Item 7: COUNCIL DISCUSSION - Next Steps on Proposed Modifications to the 
Procedure to Address WHOIS Conflicts with National Law (20 minutes)
The GNSO's 2005 Policy on WHOIS Conflicts with National Laws (see 
http://gnso.icann.org/en/issues/whois-privacy/council-rpt-18jan06.htm) had 
recommended the creation of a procedure to address conflicts between a 
contracted party's WHOIS obligations and local/national privacy laws or 
regulations. Under the existing procedure dating from January 2008, a 
contracted party that credibly demonstrates that it is legally prevented from 
complying with its WHOIS obligations can invoke the procedure, which defines a 
credible demonstration as one in which the contracted party has received 
"notification of an investigation, litigation, regulatory proceeding or other 
government or civil action that might affect its compliance." The procedure has 
never been invoked. In May 2014, ICANN launched a review of the procedure. An 
Implementation Advisory Group (IAG) was formed and began its work in January 
2015. The IAG's Initial Report was published for public comment in November 
2015 (see 
https://www.icann.org/public-comments/iag-whois-conflicts-privacy-2015-10-05-en).
On 25 May 2016, the IAG's Final 
Report<http://gnso.icann.org/mailing-lists/archives/council/pdf1nt18yPBer.pdf>, 
accompanying 
Appendices<http://gnso.icann.org/mailing-lists/archives/council/pdfC9Dr9B5OBO.pdf>
 and a summary Memo to the GNSO 
Council<http://gnso.icann.org/mailing-lists/archives/council/pdfZPGKEDdzDq.pdf> 
was delivered to the GNSO Council. The IAG is proposing modifications to the 
procedure that do not affect the underlying Policy. The Council received an 
update on the modifications at ICANN56. Here the Council will discuss its next 
steps, which may include confirming whether the IAG's proposed modifications 
conform with the underlying GNSO Policy.
7.1 - Review of status of Council discussion (James Bladel)
7.2 - Council discussion
7.3 - Next steps
Item 8: COUNCIL DISCUSSION - Proposed Schedule for ICANN57 (20 minutes)
ICANN57 will take place in Hyderabad, India, from 3-9 November 2016. This will 
be the first "Meeting C" under the new ICANN Meeting Strategy as well as the 
Annual General Meeting for ICANN. A draft GNSO 
schedule<http://gnso.icann.org/en/drafts/meeting-c-schedule-11jul16-en.pdf> for 
the meeting was circulated to the GNSO Council on 11 July 2016. Here the 
Council will review the proposed schedule, including the need to possibly 
accommodate face to face Policy Development Process (PDP) Working Group 
meetings and the customary annual Development Session for incoming and 
continuing GNSO Councilors.
8.1 - Overview of the proposed schedule (James Bladel)
8.2 - Council discussion
8.3 - Next steps
Item 9: Any Other Business (10 minutes)

9.1 - Update on Council representatives from the Registrars Stakeholder Group
9.2 - Update on status of progress on the Drafting Team that is to identify new 
and additional rights and responsibilities for the GNSO under the revised ICANN 
Bylaws
Appendix 1: GNSO Council Voting Thresholds (ICANN Bylaws, Article X, Section 3)
9. Except as otherwise specified in these Bylaws, Annex A hereto, or the GNSO 
Operating Procedures, the default threshold to pass a GNSO Council motion or 
other voting action requires a simple majority vote of each House. The voting 
thresholds described below shall apply to the following GNSO actions:
a. Create an Issues Report: requires an affirmative vote of more than 
one-fourth (1/4) vote of each House or majority of one House.
b. Initiate a Policy Development Process ("PDP") Within Scope (as described in 
Annex A<http://www.icann.org/en/about/governance/bylaws#AnnexA>): requires an 
affirmative vote of more than one-third (1/3) of each House or more than 
two-thirds (2/3) of one House.
c. Initiate a PDP Not Within Scope: requires an affirmative vote of GNSO 
Supermajority.
d. Approve a PDP Team Charter for a PDP Within Scope: requires an affirmative 
vote of more than one-third (1/3) of each House or more than two-thirds (2/3) 
of one House.
e. Approve a PDP Team Charter for a PDP Not Within Scope: requires an 
affirmative vote of a GNSO Supermajority.
f. Changes to an Approved PDP Team Charter: For any PDP Team Charter approved 
under d. or e. above, the GNSO Council may approve an amendment to the Charter 
through a simple majority vote of each House.
g. Terminate a PDP: Once initiated, and prior to the publication of a Final 
Report, the GNSO Council may terminate a PDP only for significant cause, upon a 
motion that passes with a GNSO Supermajority Vote in favor of termination.
h. Approve a PDP Recommendation Without a GNSO Supermajority: requires an 
affirmative vote of a majority of each House and further requires that one GNSO 
Council member representative of at least 3 of the 4 Stakeholder Groups 
supports the Recommendation.
i. Approve a PDP Recommendation With a GNSO Supermajority: requires an 
affirmative vote of a GNSO Supermajority,
j. Approve a PDP Recommendation Imposing New Obligations on Certain Contracting 
Parties: where an ICANN contract provision specifies that "a two-thirds vote of 
the council" demonstrates the presence of a consensus, the GNSO Supermajority 
vote threshold will have to be met or exceeded.
k. Modification of Approved PDP Recommendation: Prior to Final Approval by the 
ICANN Board, an Approved PDP Recommendation may be modified or amended by the 
GNSO Council with a GNSO Supermajority vote.
l. A "GNSO Supermajority" shall mean: (a) two-thirds (2/3) of the Council 
members of each House, or (b) three-fourths (3/4) of one House and a majority 
of the other House."
Appendix 2: Absentee Voting Procedures (GNSO Operating Procedures 
4.4<http://gnso.icann.org/council/gnso-operating-procedures-22sep11-en.pdf>)
4.4.1 Applicability
Absentee voting is permitted for the following limited number of Council 
motions or measures.
a. Initiate a Policy Development Process (PDP);
b. Approve a PDP recommendation;
c. Recommend amendments to the GNSO Operating Procedures (GOP) or ICANN Bylaws;
d. Fill a Council position open for election.
4.4.2 Absentee ballots, when permitted, must be submitted within the announced 
time limit, which shall be 72 hours from the meeting's adjournment. In 
exceptional circumstances, announced at the time of the vote, the Chair may 
reduce this time to 24 hours or extend the time to 7 calendar days, provided 
such amendment is verbally confirmed by all Vice-Chairs present.
4.4.3 The GNSO Secretariat will administer, record, and tabulate absentee votes 
according to these procedures and will provide reasonable means for 
transmitting and authenticating absentee ballots, which could include voting by 
telephone, e- mail, web-based interface, or other technologies as may become 
available.
4.4.4 Absentee balloting does not affect quorum requirements. (There must be a 
quorum for the meeting in which the vote is initiated.)

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Please let me know if you have any questions.
Thank you.
Kind regards,

Glen de Saint Géry
GNSO Secretariat
Internet Corporation for Assigned Names & Numbers - ICANN
glen@xxxxxxxxx
http://www.icann.org<http://www.icann.org/>