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RE: [council] RE: [liaison6c] Updated Proposed Agenda for the GNSO Council Meeting on 1 September 2016 at 12:00 UTC
Phil,
Thanks for the clarification and for being out front on the topic by
bringing in BC views early.
Best,
Paul
From: owner-council@xxxxxxxxxxxxxx [mailto:owner-council@xxxxxxxxxxxxxx] On
Behalf Of Phil Corwin
Sent: Wednesday, August 31, 2016 4:01 PM
To: Paul McGrady <policy@xxxxxxxxxxxxxxx>; 'Glen de Saint Géry'
<Glen@xxxxxxxxx>; 'liaison6c' <liaison6c@xxxxxxxxxxxxxx>
Cc: council@xxxxxxxxxxxxxx; avri@xxxxxxx; 'Jeff Neuman'
<jeff.neuman@xxxxxxxxxxxx>; 'Mary Wong' <mary.wong@xxxxxxxxx>
Subject: RE: [council] RE: [liaison6c] Updated Proposed Agenda for the GNSO
Council Meeting on 1 September 2016 at 12:00 UTC
To be clear, the views I conveyed to Council were the consensus perspective
of the BC.
I look forward to hearing the views of other SGs and Cs, as well as from the
two eminent co-chairs of the Subsequent Procedures WG.
Philip S. Corwin, Founding Principal
Virtualaw LLC
1155 F Street, NW
Suite 1050
Washington, DC 20004
202-559-8597/Direct
202-559-8750/Fax
202-255-6172/Cell
Twitter: @VlawDC
"Luck is the residue of design" -- Branch Rickey
From: owner-council@xxxxxxxxxxxxxx <mailto:owner-council@xxxxxxxxxxxxxx>
[mailto:owner-council@xxxxxxxxxxxxxx] On Behalf Of Paul McGrady
Sent: Wednesday, August 31, 2016 4:52 PM
To: 'Glen de Saint Géry'; 'liaison6c'
Cc: council@xxxxxxxxxxxxxx <mailto:council@xxxxxxxxxxxxxx> ; avri@xxxxxxx
<mailto:avri@xxxxxxx> ; 'Jeff Neuman'; 'Mary Wong'
Subject: [council] RE: [liaison6c] Updated Proposed Agenda for the GNSO
Council Meeting on 1 September 2016 at 12:00 UTC
Thanks Glen.
Fellow Councilors: regarding item #6, I am the liaison to the Subsequent
Procedures WG. The co-chairs, Avri Doria and Jeff Newman, both of whom need
no introduction, have volunteered to provide whatever information they may
have to help us in our deliberations on a reply to Dr. Crocker. While Phil
has already expressed some views, I think it will be important to loop in
the leadership of the Subsequent Procedures WG to ensure that our reply at
the Council level reflects the sentiment in the community as best we can.
Best,
Paul
Paul D. McGrady, Jr.
policy@xxxxxxxxxxxxxxx <mailto:policy@xxxxxxxxxxxxxxx>
From: owner-liaison6c@xxxxxxxxxxxxxx <mailto:owner-liaison6c@xxxxxxxxxxxxxx>
[mailto:owner-liaison6c@xxxxxxxxxxxxxx] On Behalf Of Glen de Saint Géry
Sent: Tuesday, August 30, 2016 6:01 PM
To: liaison6c <liaison6c@xxxxxxxxxxxxxx <mailto:liaison6c@xxxxxxxxxxxxxx> >
Subject: [liaison6c] Updated Proposed Agenda for the GNSO Council Meeting on
1 September 2016 at 12:00 UTC
Dear Councillors,
Please find the updated proposed Agenda for the GNSO Council Meeting on 1
September 2016 at 12:00 UTC.
This agenda is also published on the Wiki page at:
https://community.icann.org/display/gnsocouncilmeetings/Agenda+1+September+2
016
and on the website at:
https://gnso.icann.org/en/meetings/agenda-council-01sep16-en.htm
Please note that the updates refer to:
Item 10: Any Other Business (10 minutes)
10.1 ? Discussion of note from Chris Disspain on status of IGO acronyms
protection work
(https://gnso.icann.org/en/correspondence/disspain-to-gnso-council-22aug16-e
n.pdf)
<https://gnso.icann.org/mailing-lists/archives/council/docxwBd6RaeZsW.docx)>
10.2 ? Confirmation of Council liaisons to the the Translation &
Transliteration of gTLD Contact Data PDP, IRTP-C PDP, IRTP-D PDP and GNSO
Review Working Group
10.3 - Timeline for GNSO Chair/Vice-Chair elections leading up to and at
ICANN57 to be shared following meeting ? Councillors encouraged to share any
questions / concerns with mailing list
10.4 Proposed Measures for Letter/Letter Two-Character ASCII Labels to Avoid
Confusion with Corresponding Country Code
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/MBWsAw
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: 12:00 UTC
http://tinyurl.com/hbwu5tf
05:00 Los Angeles; 08:00 Washington; 13:00 London; 15:00 Istanbul; 22:00
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.
___________________________________________
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 Meeting on 21 July 2016
<https://gnso.icann.org/en/meetings/minutes-council-21jul16-en.htm> were
approved on 27 August 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
<https://community.icann.org/display/gnsocouncilmeetings/Action+Items>
Action List
Item 3: Consent agenda (5 minutes)
3.1 ? Confirm dates for selection of GAC-GNSO liaison (motion passed on 30
June 2016) based on updated ICANN57 meeting dates:
https://community.icann.org/display/gnsocouncilmeetings/Motions+30+June+2016
Motion as passed, with dates to be updated highlighted as indicated below:
Resolved:
1. The GNSO Council hereby confirms the extension of the term of the current
GNSO Liaison to the GAC, Mason Cole, until the end of the ICANN AGM in
Hyderabad.
2. The GNSO Council instructs the GNSO Secretariat to inform the GNSO
Stakeholder Groups and Constituencies of the extended selection timeline
(Nominations Accepted for Candidates - 1 OCT 2016; Council Chairs consider
candidates and notify first choice - 20 OCT; Chairs submit motion to Council
by 29 OCT (change to 28 October) for consideration during Council meeting on
8 NOV (change to 7 November); GAC Leadership notified of new Liaison by 9
NOV).
Item 4: COUNCIL VOTE ? Approval of Recommendations from the Standing
Committee on GNSO Improvements (10 minutes)
In April 2015 the GNSO Council requested that the Standing Committee on GNSO
Improvements (SCI) document the existing customary practices of the GNSO
Council concerning (i) whether, how and by whom a properly submitted motion
before the Council is to be seconded, and (ii) the treatment of proposed
amendments to such motions as either ?friendly? or ?unfriendly?. The
Council?s request also authorized the SCI to develop new processes for these
practices if the SCI believed that the current practices are inappropriate.
Separately, in November 2015, the GNSO Council requested that the SCI review
Sections 2.2(b), (f) and (g) of the GNSO Operating Procedures with respect
to, first, clarifying: (i) the eligibility of incoming Council members to
run for the position of GNSO Chair; (ii) the start and end dates as well as
the duration of the Chair and Vice-Chair terms in accordance with the ICANN
Bylaws; and (iii) the timing of publication of the election results; and,
secondly, recommending a general time table for election of the GNSO Chair.
In October 2015 and in accordance with the Council?s April request, the SCI
sent its documentation of the Council?s practices on the seconding and
amendment of motions to the Council (see
https://gnso.icann.org/en/correspondence/aikman-scalese-vansnick-to-robinson
-09oct15-en.pdf). Subsequently, the SCI reached Full Consensus on a proposal
to codify the current customary practices in the GNSO Operating Procedures
as a new Section 3.3.3: Submitting, Seconding, and Amending Motions. With
respect to its review of the rules governing the GNSO Chair and Vice-Chair
elections, the SCI reached Full Consensus on modifications to Section 2.2
and a proposal for a new Section 2.2.1: Procedures for a Situation Where a
New GNSO Chair Has Not Been Elected by the End of the Previous Chair's Term
in the GNSO Operating Procedures.
The SCI?s proposals were published for public comment on 5 July 2016
(https://www.icann.org/public-comments/gnso-op-procedures-2016-07-05-en). By
the close of the public comment period on 14 August, two public comments had
been received supporting the SCI?s proposals
(https://forum.icann.org/lists/comments-gnso-op-procedures-05jul16/). Here
the Council will consider whether or not to approve the SCI?s
recommendations for modifying the GNSO Operating Procedures as proposed.
4.1 ? Presentation of the motion <https://community.icann.org/x/FQObAw>
(Amr Elsadr)
4.2 ? Discussion
4.3 ? Council vote (voting threshold: simple majority)
Item 5: COUNCIL VOTE ? Adoption of Implementation Advisory Group
Recommendations to Update Procedure on WHOIS Conflicts with National Laws
(15 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
<http://gnso.icann.org/mailing-lists/archives/council/pdf1nt18yPBer.pdf>
Final Report, accompanying
<http://gnso.icann.org/mailing-lists/archives/council/pdfC9Dr9B5OBO.pdf>
Appendices and a summary
<http://gnso.icann.org/mailing-lists/archives/council/pdfZPGKEDdzDq.pdf>
Memo to the GNSO Council was delivered to the GNSO Council. The IAG proposed
modifications to the procedure that it believes do not affect the underlying
Policy. The Council received an update on the proposed modifications at
ICANN56 and discussed the matter further at its meeting on 21 July. Here the
Council will confirm whether or not the IAG?s proposed modifications conform
with the underlying GNSO Policy.
5.1 ? Presentation of the motion <https://community.icann.org/x/FQObAw>
(James Bladel)
5.2 ? Discussion
5.3 ? Council vote (voting threshold: simple majority)
Item 6: COUNCIL DISCUSSION ? ICANN Board Letter on New gTLD Subsequent
Procedures (20 minutes)
On 5 August 2016, ICANN Board Chair Dr. Steve Crocker sent a letter to the
GNSO Council concerning work on the GNSO Policy Development Process (PDP) on
New gTLD Subsequent Procedures
(https://gnso.icann.org/en/correspondence/crocker-to-bladel-05aug16-en.pdf).
The Board wished to know the GNSO Council?s view of the current work in
light of the existing GNSO policy and ongoing parallel review work on the
2012 New gTLD Program. The Board letter specifically asked for information
on the PDP timeline and whether the GNSO believes that the current PDP must
be completed prior to advancing a new application process under the current
policy recommendations, including whether any consideration has been given
in relation to whether a future application process could proceed while
policy work continues and be iteratively applied to the process for
allocating new gTLDs. On 16 August the GNSO Chairs sent a reply to the Board
on behalf of the Council, acknowledging the Board?s request
(https://gnso.icann.org/en/correspondence/council-leadership-to-crocker-16au
g16-en.pdf). Here the Council will discuss the subject of the Board?s letter
and its further response, including whether or not input from the PDP
Working Group may be helpful.
6.1 ? Status update on the Board letter and PDP progress (James Bladel /
Paul McGrady)
6.2 ? Discussion
6.3 ? Next steps
Item 7: COUNCIL DISCUSSION ? Next Steps for the Cross Community Working
Group on Internet Governance (10 minutes)
The
<https://community.icann.org/download/attachments/52888213/Charter%20ccWG%20
IG%202014%20v05.pdf?version=1&modificationDate=1423208903000&api=v2> Charter
for this Cross Community Working Group (CCWG) was
<https://community.icann.org/x/oQInAw> ratified by the ccNSO Council
(September 2014), the GNSO Council (October 2014), and the ALAC (April
2015). The ratified Charter provides that the CCWG scope includes doing
?whatever it deems relevant and necessary to facilitate and ensure
engagement and participation of the ICANN community in the global Internet
governance scene and multi-stakeholder decision-making processes?, with
regular monthly updates to be provided to its Chartering Organizations and a
periodic Progress Paper where appropriate. The Charter also provides that
the Chartering Organizations should review the Charter and CCWG deliverables
in order to determine whether the group should continue or be dissolved,
with the proviso that the CCWG will continue if at least two of its
Chartering Organizations extend the Charter and notify the other Chartering
Organizations accordingly.
At ICANN55, there was some discussion over the most appropriate forum for
SO/AC interaction on Internet governance matters, especially given the
expected forthcoming finalization of a Uniform Framework of Principles for
Future CCWGs. The co-chairs of the CCWG-IG provided the Council with a
Progress Report on its recent activities at ICANN56. Here the Council will
discuss appropriate next steps in relation to overseeing the work of the
CCWG.
7.1 ? Review of status of Council discussion (James Bladel)
7.2 ? Discussion
7.3 - Next steps
Item 8: COUNCIL DISCUSSION ? Proposed Cost Control Mechanisms and Request
for GNSO Council Validation of the Budget for the Cross Community Working
Group on Ensuring ICANN Accountability (CCWG-Accountability) (15 minutes)
On 10 July, the GNSO Council requested that the ICANN Board Finance
Committee and the CCWG-Accountability co-chairs conduct a webinar to brief
the Council and broader GNSO community on the Proposed Cost Control
Mechanisms and the CCWG-Accountability?s request for the GNSO Council to
validate the proposed FY17 budget for the CCWG-Accountability
(https://gnso.icann.org/en/correspondence/bladel-to-bfc-ccwg-accountability-
chairs-10jul16-en.pdf). The proposed budget and costs had been reported to
the GNSO Council on 21 June
(https://gnso.icann.org/mailing-lists/archives/council/msg18841.html)The
requested webinar took place on 23 August. Here the Council will discuss the
CCWG-Accountability?s request for the Council to validate the proposed FY17
budget in light of the further information provided during the webinar
(recording and slides available at:
https://icann.adobeconnect.com/p8fu99qpt7d/.
8.1 ? Status update (James Bladel)
8.2 ? Discussion
8.3 ? Next steps
Item 9: COUNCIL DISCUSSION ? Planning and Scheduling for ICANN57 (15
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
<http://gnso.icann.org/en/drafts/meeting-c-schedule-11jul16-en.pdf> draft
GNSO schedule for the meeting was circulated to the GNSO Council on 11 July
2016 and reviewed at the Council meeting on 21 July. Here the Council will
review all proposed GNSO sessions for ICANN57 in relation to the meeting
schedule, including the face to face Policy Development Process (PDP)
Working Group meetings, the customary annual Development Session for
incoming and continuing GNSO Councilors, and the submission of High Interest
Topics of interest to the GNSO.
9.1 ? Overview of the proposed schedule (James Bladel)
9.2 ? Discussion
9.3 ? Next steps
Item 10: Any Other Business (10 minutes)
10.1 ? Discussion of note from Chris Disspain on status of IGO acronyms
protection work
(https://gnso.icann.org/en/correspondence/disspain-to-gnso-council-22aug16-e
n.pdf)
<https://gnso.icann.org/mailing-lists/archives/council/docxwBd6RaeZsW.docx)>
10.2 ? Confirmation of Council liaisons to the the Translation &
Transliteration of gTLD Contact Data PDP, IRTP-C PDP, IRTP-D PDP and GNSO
Review Working Group
10.3 - Timeline for GNSO Chair/Vice-Chair elections leading up to and at
ICANN57 to be shared following meeting ? Councillors encouraged to share any
questions / concerns with mailing list
10.4 Proposed Measures for Letter/Letter Two-Character ASCII Labels to Avoid
Confusion with Corresponding Country Code
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 <http://www.icann.org/en/about/governance/bylaws#AnnexA> Annex A):
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 (
<http://gnso.icann.org/council/gnso-operating-procedures-22sep11-en.pdf>
GNSO Operating Procedures 4.4)
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.)
Reference (Coordinated Universal Time) UTC 12:00
Local time between October and March Winter in the NORTHERN hemisphere
----------------------------------------------------------------------------
California, USA (PDT
<http://www.timeanddate.com/library/abbreviations/timezones/na/pst.html> )
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San José, Costa Rica UTC-5+0DST 07:00
Iowa City, USA (CDT <http://fr.wikipedia.org/wiki/UTC%E2%88%9206:00> )
UTC-5+0DST 07:00
New York/Washington DC, USA (EST) UTC-4+0DST 08:00
Buenos Aires, Argentina (ART
<http://www.timeanddate.com/library/abbreviations/timezones/sa/art.html> )
UTC-3+0DST 09:00
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London, United Kingdom (BST) UTC+0DST 13:00
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Cairo, Egypt, (EET) UTC+2+0DST 14:00
Istanbul, Turkey (EEST) UTC+3+0DST 15:00
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<http://timeanddate.com/library/abbreviations/timezones/au/wst.html> )
UTC+8+0DST 20:00
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Sydney/Hobart, Australia (AEDT) UTC+11+0DST 22:00
----------------------------------------------------------------------------
DST starts/ends on last Sunday of October 2016, 2:00 or 3:00 local time
(with exceptions)
----------------------------------------------------------------------
For other places see <http://www.timeanddate.com/>
http://www.timeanddate.com
http://tinyurl.com/hbwu5tf
Glen de Saint Géry
Manager Supporting Organisations Advisory Committees
Internet Corporation for Assigned Names & Numbers - ICANN
<mailto:glen@xxxxxxxxx> glen@xxxxxxxxx
<http://www.icann.org/> http://www.icann.org
Follow the GNSO via Twitter @ICANN_GNSO
Find out more about the GNSO by taking our
<http://learn.icann.org/courses/gnso> interactive courses and visiting the
<http://gnso.icann.org/sites/gnso.icann.org/files/gnso/presentations/policy-
efforts.htm#newcomers> GNSO Newcomer pages.
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