Proposed Agenda for the GNSO Council Teleconference 5 June 2014

Last Updated: 04 June 2014
Date: 
05 June 2014

This agenda was established according to the GNSO Council Operating Procedures approved 13 September 2012 for the GNSO Council and updated.
<http://gnso.icann.org/en/council/op-procedures-13jun13-en.pdf>

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.

Meeting Times 18:00 UTC
http://tinyurl.com/nfhb2q4

Coordinated Universal Time 18:00 UTC
11:00 Los Angeles; 14:00 Washington; 19:00 London; 20:00 Brussels; 02:00 Perth

Dial-in numbers will be sent individually to Council members. Councillors should notify the GNSO Secretariat in advance if a dial out call is needed.

GNSO Council meeting audiocast
http://stream.icann.org:8000/gnso.m3u

Item 1: Administrative matters (10 mins)

1.1 Roll Call
1.2 Statement of interest updates
1.3 Review/amend agenda
1.4. Note the status of minutes for the previous Council meeting per the GNSO Operating Procedures:
Minutes of the GNSO Council meeting 8 May 2014, were posted as approved on 31 May 2014.

Item 2: Opening Remarks / Review of Projects & Action List (5 mins)

Review focus areas and provide updates on specific key themes / topics

Include review of Projects List and Action List.

Comments or questions arising.

Item 3: Consent agenda (0 mins)

Item 4: MOTION – Initiation of a PDP on IGO and INGO Access to Curative Rights Protection Mechanisms (15 mins)

In November 2013, the GNSO Council adopted a consensus recommendation for an Issue Report from the Policy Development Process Working Group on the Protection of International Organization Identifiers in All gTLDs (IGO-INGO PDP WG). The Issue Report on the topic of amending the Uniform Dispute Resolution Policy (UDRP) and the Uniform Rapid Suspension procedure (URS) to enable International Governmental Organizations (IGOs) and International Non-Governmental Organizations (INGOs) to access and use these curative rights protection mechanisms was published in preliminary form and offered for public comment.

The Final Issue Report was updated following staff review of public comments, delivered to the Council on 25 May 2014 and published on 26 May 2014. The Final Issue Report recommends that the GNSO Council proceed with a Policy Development Process (PDP), limited to consideration of the issues discussed in the report, and the General Counsel of ICANN has indicated the topic is properly within the scope of the ICANN policy process and within the scope of the GNSO.

The Final Issue Report recommends that the GNSO Council proceed with a Policy Development Process (PDP), limited to consideration of the issues discussed in the report, and the General Counsel of ICANN has indicated the topic is properly within the scope of the ICANN policy process and within the scope of the GNSO.

Here the Council will vote on whether or not to initiate a PDP as recommended in the Final Issue Report.

4.1 – Presentation of the Final Issue Report (Mary Wong)
4.2 – Present the motion (Thomas Rickert)
4.3 – Discussion
4.4 – Vote (Threshold; one third of each house or two thirds of one house)

Item 5: MOTION – Approval of a Charter for a PDP Working Group for the IGO & INGO Access to Curative Rights Protection Mechanisms PDP (10 mins)

The Final Issue Report on the topic of amending the Uniform Dispute Resolution Policy (UDRP) and the Uniform Rapid Suspension procedure (URS) to enable International Governmental Organizations (IGOs) and International Non-Governmental Organizations (INGOs) to access and use these curative rights protection mechanisms (UDRP & URS) contains a draft charter for the proposed PDP WG.

The draft Working Group Charter is appended as Annex 3 to the Final Issue Report and was delivered to the GNSO Council on 25 May 2014. Here the Council will vote on whether or not to approve the Charter.

5.1 – Present the motion (Thomas Rickert / Mary Wong)
5.2 – Discussion
5.3 – Vote (threshold one third of each house or two thirds of one house)

Item 6: MOTION – Close the work on WHOIS Studies and discuss any appropriate next steps (10 mins)

The last of a series of studies on WHOIS, commissioned by the GNSO, were recently completed and published. The results of these studies may be useful to the ongoing work on WHOIS, both in the GNSO and elsewhere in the ICANN community (e.g. the Expert Working Group on gTD Registration Data Directory Services).

Here the GNSO Council will consider formally closing the work on WHOIS studies and deliberate any next steps.

6.1 – Staff Update (Mary Wong)
6.2 – Present the motion (Volker Greimann)
6.3 – Discussion
6.4 – Vote (Threshold; Simple majority)

Item 7: DISCUSSION – Internet Governance Issues (15 mins)

The transition of the IANA function from the US government oversight is now firmly on the GNSO's agenda and the Council must determine its role and function with respect to this. A proposal was made in Singapore for the formation of a Cross-Community Working Group (CWG) to work on transition from NTIA and a very early stage initial draft of a potential charter for such a CWG was circulated.  This has been modified a little since and is available here.

The existing CWG on internet governance has since commenced work on its own charter and indications are that such a charter will not include detailed work on the NTIA transition. In addition, indications are that the ccNSO may be interested in jointly initiating a new CWG on the NTIA transition together with the GNSO and that other AC/SO parts of ICANN will participate in such a CWG. Given the scope and impact of the IANA transition, it is likely that such a CWG will need to reach out beyond the ICANN community for participation and input.

In this item, the Council will take the opportunity to provide direction on the formation and development of a CWG on the NTIA transition.

7.1 - Discussion
7.2 - Next steps

Item 8: Update – Update on the work of the GNSO Review Working Party (10 mins)

As part of a periodic review process that is built into the ICANN model, work on the ICANN board initiated reviews of the GNSO (and the GNSO Council and related functions) has commenced. The objective of the Review is to examine the organizational effectiveness of the GNSO, including its components (GNSO Council, GNSO Working Groups, GNSO Stakeholder Groups and Constituencies). The review is to be tightly scoped based on objective and quantifiable criteria provided to an independent examiner. A webinar to discuss this has recently taken place.

The GNSO Review Working Party has been assembled to:

  • Function as a liaison between the GNSO, the independent examiner and the SIC,
  • Provide input on review criteria and the 360 Assessment,
  • Coordinate interviews and objectively supply clarification and responses to the draft findings and recommendations.

The SIC envisages that once a final report is issued and the Board takes action on it, as appropriate, the GNSO Review Working Party will also coordinate with the GNSO community to prepare an Implementation Plan and champion implementation of improvement activities.

8.1 – Update (Jennifer Wolfe)
8.2 – Discussion
8.3 – Next steps

Item 9: Update – Update on the work of the GAC / GNSO  Consultation Group (10 mins)

Here the Council will receive an update, including plans for the Group's work before and during ICANN 50 in London and discuss any actions being planned.

9.1 – Update (Jonathan Robinson)
9.2 – Discussion
9.3 – Next steps

Item 10: Update – Issues for the SCI (10 mins)

A couple of issues have arisen recently which may be relevant for consideration by the SCI.  The issues to be discussed are the role and function of a seconder to a motion and the mechanisms for dealing with amendments to motions. Here the Council will discuss the issues and specifically whether or not it is appropriate to review them to the SCI at this time.

10.1 – Discussion
10.2 – Next steps

Item 11: UPDATE & DISCUSSION – Planning for London (10 mins)

Making the most out of the face-to-face meeting time available at the ICANN Meeting in London will take planning. GNSO Council Vice Chair, Volker Greimann will lead this and will be working with the Council and staff on this effort.

Here the Council has the opportunity to feed into plans and provide input based on past experience.  Included in this item will be the opportunity to shape the approach to and substance of the Council's proposed meetings with other groups in such as the ccNSO, the GAC and the ICANN board.

11.1 – Update (Volker Greimann & Jonathan Robinson)
11.2 – Discussion
11.3 – Next steps

Item 12: Any Other Business (5 mins)

  • Public comment on the Strategic Plan?
  • Whois Requirements and National Law Conflicts Procedure Review
  • A GNSO Council Liaison for the Thick WHOIS Implementation Review Team?

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): 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)
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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