Proposed GNSO Council Agenda 13 November 2014

Last Updated: 10 November 2014
Date: 
13 November 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 Time 11:00 UTC:
http://tinyurl.com/p2wjsa6

Coordinated Universal Time 11:00 UTC
03:00 Los Angeles; 06:00 Washington; 11:00 London; 12:00 Brussels; 19:00 Perth

Councillors should notify the GNSO Secretariat in advance if a dial out call is needed.

Item 1: Administrative matters (5 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 Public meeting 15 October 2014 will be posted as approved on xxxxxx 2014

Item 2: Opening Remarks / Review of Projects & Action List (10 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 (5 mins)

Item 4: MOTION – Adoption of a Charter for a Cross Community Working Group on Enhancing ICANN Accountability (20 mins)

The National Telecommunications and Information Administration (NTIA) has requested that ICANN "convene a multistakeholder process to develop a plan to transition the U.S. government stewardship role" with regard to the IANA Functions and related root zone management.

During discussions around the transition process, the community raised the broader topic of the impact of the change on ICANN's accountability given its historical contractual relationship with the United States and NTIA. The concerns raised during these discussions around the transition process indicate that the level of trust into the existing ICANN accountability mechanisms does not yet meet some stakeholder's expectations. Considering that the NTIA has stressed that it was expecting community consensus regarding the transition, this gap between the current situation and stakeholder expectations may prevent the transition to proceed.

As a result, a DT was formed with participants, amongst others, from the ccNSO, GNSO, ASO and ALAC to develop a charter for a Cross Community Working Group on Enhancing ICANN Accountability. The DT delivered the proposed charter for consideration to all the ICANN Supporting Organizations and Advisory Committees on 3 November 2014.

Here the Council will vote on whether or not to adopt the charter for a Cross Community Working Group on Enhancing ICANN Accountability.

4.1 – Review the motion: Motion 1
4.2 – Discussion
4.3 – Vote

Item 5: MOTION – Changes to GNSO Operating Procedures & Working Group Guidelines to Address Issues relating to Waiver of Motion Deadlines, GNSO Council Voting Outside a Council Meeting & Working Group Consensus Levels (20 mins)

The GNSO Council determined that 1) the current GNSO Operating Procedures do not contain a specific provision on waiving the deadline to submit a motion for voting by the GNSO Council; 2) the current GNSO Operating Procedures also do not contain a specific provision that permits the Council to vote outside a meeting; and 3) the language relating to Consensus Levels in the current GNSO Working Group Guidelines, which form Annex I of the GNSO Operating Procedures, may require further clarification.

As a result, the GNSO Council requested the Standing Committee on Improvements Implementation (SCI) to consider: 1) whether there should be a modification to the GNSO Council Operating Procedures to address the issues of waiving the deadline for submission of a motion and allowing the Council to vote outside a meeting; and 2) whether the language relating to Consensus Levels in the GNSO Working Group Guidelines requires clarification.

The GNSO Council will now consider the changes proposed by the SCI to the GNSO Operating Procedures to address these issues.

5.1 – Review the motion: Motion 2
5.2 – Discussion
5.3 – Vote

Item 6: – UPDATE – Name Collision (15 mins)

On the 30 July 2014, the New gTLD Program Committee of the ICANN Board directed staff to "provide information to, and work with the GNSO to consider whether policy work on developing a long-term plan to manage gTLD name collision issues should be undertaken." ICANN Staff submitted this paper to the GNSO Council on 7 October 2014 (see https://www.icann.org/en/system/files/files/name-collision-gnso-policy-07oct14-en.pdf) and it was presented to the Council during the ICANN meeting in Los Angeles. Council members agreed in Los Angeles to discuss with their respective group what further action, if any, should be taken on this topic and report back accordingly during this meeting.

Furthermore, a letter was received from Cyrus Namazi offering any additional information or assistance that ICANN Staff can provide to further assist the Council in its deliberations.

This is an opportunity for the Council to discuss which steps, if any, it would like to take in relation to this topic.

6.1 Discussion
6.2 Next steps

Item 7: UPDATE – GNSO / GAC Consultation Group and related work (15 mins)

Here the Council will have an opportunity to hear about the work of the GNSO / GAC Consultation Group and from the GNSO Liaison to the GAC including any initial input and feedback derived from the ICANN meeting in Los Angeles.

In addition, there will be an opportunity to discuss ideas put forward during the GNSO Council Development Session in relation to potential GNSO work in response to the GAC Communiqué from ICANN meetings.

7.1 – Update (Mason Cole)
7.2 – Discussion

Item 8: UPDATE – Cross Community Working Group to develop a transition proposal for IANA stewardship on naming related functions (15 mins)

Following adoption of the charter, this is an opportunity for the Council to receive a brief update on the current status as well as next steps of this CWG. The CWG has been tasked to develop an IANA Stewardship Transition Proposal on Naming Related Functions and has been meeting for 2 hours every week since its creation in view of delivering a final proposal by the end of January 2015. A number of sub-groups have been formed to progress work on the different elements of the ICG Request for Proposals and a face-to-face meeting is being planned for mid-November. For further information, see https://community.icann.org/x/37fhAg.

8.1 – Update (Jonathan Robinson)
8.2 – Next steps

Item 9: Any Other Business (15 mins)

9.1 Confirmation of Council Liaisons to the different GNSO projects:

  • Curative Rights Protections for IGO/INGOs PDP – volunteer: none to date
  • Data & Metrics for Policy Making – volunteer: none to date
  • Privacy & Proxy Services Accreditation Issues PDP – volunteer: James Bladel
  • Translation & Transliteration PDP – volunteer: Amr Elsadr
  • Geographic Regions WG – As the effort is wrapping up, Cheryl Langdon-Orr volunteered to keep the Council up to date as she will take over the leadership for this group.
  • CWG on a Framework for CWG Principles (co-chair position) – volunteer: Avri Doria (John would stay on as GNSO Co-Chair for this effort)
  • CWG to develop a framework for the use of country and territory names as TLDs (co-chair position) – volunteer: Carlos Raúl Gutierrez
  • GNSO Council liaison to the ccNSO – volunteer: Thomas Rickert

9.2 Correspondence with NGPC on IGO & RCRC. Any update?
9.3 Skill sets for Nominating Committee. Complete?
9.4 IGO/INGO Curative Rights Protection WG letter requesting Mason Cole to engage with the GAC on certain questions regarding the GAC Los Angeles Communique.
9.5 Council in attendance to review informal notes of the Council Development Session held on Friday, 17 October 2014.

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:

  1. Create an Issues Report: requires an affirmative vote of more than one-fourth (1/4) vote of each House or majority of one House.

  2. 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.
  3. Initiate a PDP Not Within Scope: requires an affirmative vote of GNSO Supermajority.

  4. 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.

  5. Approve a PDP Team Charter for a PDP Not Within Scope: requires an affirmative vote of a GNSO Supermajority.

  6. 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.

  7. 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.

  8. 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.

  9. Approve a PDP Recommendation With a GNSO Supermajority: requires an affirmative vote of a GNSO Supermajority,

  10. 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.

  11. 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.

  12. 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.

  1. Initiate a Policy Development Process (PDP);
  2. Approve a PDP recommendation;
  3. Recommend amendments to the GNSO Operating Procedures (GOP) or ICANN Bylaws;
  4. 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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