DRAFT AGENDA FOR GNSO COUNCIL MEETING ON 13 OCTOBER 2016

Last Updated: 12 October 2016
Date: 
13 October 2016

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/hhO4Aw

This agenda was established according to the GNSO Operating Procedures v3.2, updated on 01 September 2016.

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/j3f4pbe
05:00 Los Angeles; 08:00 Washington; 13:00 London; 15:00 Istanbul; 23:00 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 29 September 2016 to be posted on 17 October 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 [gnso.icann.org]and Action List[community.icann.org]

Item 3: Consent agenda (0 minutes)

Item 4: COUNCIL VOTE – Adoption of the Proposed Final Framework of Principles for Future Cross Community Working Groups (20 minutes)

In March 2014, the ccNSO and GNSO Councils jointly chartered a Cross Community Working Group to develop a framework of principles to guide the formation, chartering, operations and closure for future cross community working groups (CCWG-Principles). The CCWG-Principles published an initial proposed framework for public comment in February 2016 (see https://gnso.icann.org/drafts/draft-principles-for-ccwg-22feb16-en.pdf), and following its review of the comments received and further community discussion at ICANN56 in Helsinki in June, completed a proposed Final Framework that it submitted to both its Chartering Organizations. Here the Council will consider whether or not to approve the Final Framework. If both the ccNSO and GNSO Councils approve the Final Framework, it is expected that the Framework will be forwarded to all other ICANN Supporting Organizations and Advisory Committees with the suggestion that the principles it contains serve as guidelines for the formation, chartering, operations and closure of all future cross community working groups.

4.1 – Presentation of the motion (Donna Austin)

4.2 – Council discussion

4.3 – Council vote (voting threshold: simple majority)

Item 5: COUNCIL VOTE – Adoption of Consensus Recommendations from the GNSO Bylaws Drafting Team (20 minutes)

On 30 June 2016, the GNSO Council created a Drafting Team (DT) to work with ICANN staff to identify the GNSO's new rights and obligations under the revised ICANN Bylaws, and prepare an implementation plan to address any needed changes by 30 September (https://gnso.icann.org/en/council/resolutions#20160630-2). On 29 September 2016, the Council received an update on the status of the DT's work and, pending the completion of the DT's work, the Council voted to appoint the GNSO Chair as its interim representative to the Empowered Community (EC) Administration. Following the GNSO Council's review and approval of the DT's recommendations, the GNSO is expected to finalize its process for appointing its EC representative going forward. Here the Council will review the DT's report and recommendations https://gnso.icann.org/en/drafts/bylaws-drafting-team-final-report-12oct16-en.pdf and discuss the placeholder motion that has been submitted, with a view to voting on whether or not to adopt the DT's consensus recommendations either at this meeting or at ICANN57 in Hyderabad in early November.

5.1 – Presentation of the motion (James Bladel)

5.2 – Council 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-16aug16-en.pdf).

At its meeting on 2 September, the GNSO Council agreed to seek input from all GNSO Stakeholder Groups and Constituency leaders, as well as the New gTLD Subsequent Procedures Policy Development Process Working Group. At its 29 September meeting, the Council agreed to form a small group of Councilors to synthesize the responses received. Here the Council will discuss the synthesized draft response [Input - ICANN Board Letter on New gTLD Subsequent Procedures - 27 Sept 2016.docx], with a view toward voting on it as soon as is practicable, and at the latest before the end of the ICANN57 meeting in November in Hyderabad.

6.1 – Presentation of the motion[1] (Carlos Gutierrez)

6.2 – Council discussion

6.3 – Council vote (voting threshold: simple majority)

Item 7: UPDATE AND COUNCIL DISCUSSION – GAC-GNSO CONSULTATION GROUP ON GAC EARLY ENGAGEMENT IN GNSO POLICY DEVELOPMENT PROCESSES (10 minutes)

Following various discussions between the Governmental Advisory Committee (GAC) and the GNSO Council on enhancing GAC participation in GNSO PDPs, this Consultation Group was jointly established to explore ways in which the GAC's early participation reflecting a joint desire to explore ways for the GAC to engage early in the GNSO Policy Development Process (PDP) and to improve overall cooperation between the two bodies (for example, by exploring the option of a liaison). The importance of this had also been noted specifically by both Accountability and Transparency Review Teams. Various pilot projects and mechanisms have been implemented as a result of recommendations from the group, which is currently in the process of winding down its work. Here the Council will receive a status update from the group, with a view toward seeking feedback from the various GNSO Stakeholder Groups and Constituencies prior to formalizing the closure of the group.

7.1 – Status summary (GNSO Council Chairs / Marika Konings)

7.2 – Council discussion

7.3 – Next steps

Item 8: COUNCIL DISCUSSION – ICANN Board Letter regarding policy implications of the Final Report of the Internationalized Registration Data (IRD) Expert Working Group (10 minutes)

On 11 May 2016, ICANN Board Chair Dr. Steve Crocker sent a letter to the GNSO Council following up on the Board's 10 March 2016 Resolution (see https://gnso.icann.org/en/correspondence/crocker-to-bladel-11may16-en.pdf). The Board's request was for the GNSO Council to "review the broader policy implications of the IRD Final Report as they relate to other GNSO policy development work on WHOIS issues, and, at a minimum, forward the IRD Final Report as an input to the GNSO PDP on the Next Generation Registration Directory Services to Replace WHOIS that is currently underway."

The GNSO Council sought input from the co-chairs of the recently completed GNSO Policy Development Process on the Translation and Transliteration of gTLD Contact Data, requesting feedback on several specific points: (1) how certain recommendations in the IRD Final Report were considered, if at all, in the Final Report of the T&T PDP Working Group; (2) how those recommendations could potentially conflict with the T&T PDP Working Group's recommendations that have been adopted by the GNSO Council and the ICANN Board; and (3) What steps are recommended to the GNSO Council in considering the policy implications of the IRD Final Report. Here the Council will discuss the input received from the T&T PDP Working Group and decide on next steps.

8.1 – Status update (GNSO Council chairs)

8.2 – Council discussion

8.3 – Next steps

Item 9: COUNCIL DISCUSSION – GNSO Meeting Planning 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. Draft meeting schedules had been circulated to the GNSO Council, Stakeholder Groups and Constituencies. The GNSO Council is planning to meet with the ICANN Board, the Governmental Advisory Committee and the ccNSO Council, among other groups. Here the Council will review the latest GNSO meeting schedule [INSERT LINK WHEN AVAILABLE] and, if time permits, discuss its proposed agenda items for those Board and inter-SO/AC meetings.

9.1 – Overview of the proposed schedule (GNSO Council Chairs / Glen de St Gery)

9.2 – Council discussion

9.3 – Next steps

Item 10: COUNCIL DISCUSSION – Results of GNSO Newcomer Survey (5 minutes)

On 30 June 2016, the GNSO Council directed ICANN staff to develop a survey to "assess the familiarity that the community has with the different newcomer and training tools as well as their perceived usefulness", as part of the permanent integration of successful Policy Development Process (PDP) pilot project improvements into the overall structure of PDPs. Here the Council will receive a report on the results of the survey https://gnso.icann.org/en/drafts/newcomer-tools-survey-04oct16-en.pdf and consider whether staff should proceed with implementing some of the suggested improvements following additional input (if any) from GNSO Stakeholder Groups and Constituencies.

10.1 – Summary and update (David Tait)

10.2 – Council discussion

10.3 – Next steps

Item 11: Any Other Business (5 minutes)

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[icann.org]): 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[gnso.icann.org])

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.)

Reference (Coordinated Universal Time) UTC 12:00
Local time between October and March Winter in the NORTHERN hemisphere


California, USA (PDT[timeanddate.com]) UTC-7+0DST 05:00
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Istanbul, Turkey (EEST) UTC+3+0DST 15:00 (next day)
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Sydney/Hobart, Australia (AEDT) UTC+11+0DST 23:00


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[timeanddate.com]
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[1] Staff notes that the motion was submitted to the Council after the deadline for motions for this meeting had passed. See Section 3.3.2 of the GNSO Operating Procedures for the applicable procedures in this instance. In relation to the timing of a vote, Section 4.10 provides for the possibility of voting outside a GNSO Council meeting: https://gnso.icann.org/en/council/op-procedures-01sep16-en.pdf.