This agenda was established according to the GNSO Council Operating Procedures, approved and updated on 24 June 2015.
- 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/ha4rugt
04:00 Los Angeles; 07:00 Washington; 12:00 London; 14:00 Istanbul; 23:00 Hobart
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Item 1: Administrative matters (5 minutes)
1.1 – Roll call
1.2 – Updates to Statements of Interest
1.3 – Review/amend agenda.
Item 2: Opening Remarks (5 minutes)
2.1 – Overview of the purpose of this special Council meeting (James Bladel)
2.2 – Explanation of format of response to the CCWG
2.3 – Scope of Council consideration of the substance of the response to the CCWG
Item 3: VOTE ON MOTION – GNSO Endorsement of the Third Draft Proposal from the Cross-Community Working Group on ICANN Accountability (90 minutes)
In the course of discussions over the IANA stewardship transition, the community had raised concerns about ICANN's accountability, given ICANN's historical contractual relationship with the United States government. The community discussions indicated that existing ICANN accountability mechanisms do not yet meet some stakeholders' expectations. As that the U.S. government (through the National Telecommunications and Information Administration (NTIA)) has stressed that it expects community consensus on the transition, this gap between the current situation and stakeholder expectations needed to be addressed. This resulted in the creation of a Cross Community Working Group on Enhancing ICANN Accountability (CCWG-Accountability) of which the GNSO is a chartering organization.
In May 2015, the CCWG-Accountability published an initial proposal regarding its work on Work Stream 1 (meant to align with the timing of the IANA stewardship transition) for public comment. In August 2015, the CCWG-Accountability published its Second Draft Proposal for public comment. This second proposal included significant changes to the initial document, arising from feedback received in the first public comment period. Following community input, including from the ICANN Board, and discussions at several sessions during ICANN54, the CCWG-Accountability made further adjustments to its draft recommendations, resulting in its Third Draft Proposal that was published for public comment on 30 November 2015. The comment period closed on 21 December 2015, with all Chartering Organizations expected to consider whether to adopt the recommendations in time for the CCWG-Accountability to send its final report on Work Stream 1 to the ICANN Board by late January 2016.
Concurrently, the IANA Stewardship Transition Coordination Group (ICG) – the community group formed to consolidate the various proposals relating to the IANA stewardship transition submitted by the Internet communities affected by the issue – announced after ICANN54 that it had completed its task. However, before the ICG can send its consolidated proposal to the NTIA via the ICANN Board, it will first have to confirm with the Cross Community Working Group to Develop an IANA Stewardship Transition Proposal on Naming Related Functions (CWG-Stewardship) that its accountability requirements have been met by the Work Stream 1 recommendations from the CCWG-Accountability. In this regard, the CWG-Stewardship had submitted a public comment which, while noting that several of the CCWG-Accountability's latest recommendations adequately satisfied the CWG-Stewardship's requirements, nevertheless highlighted a number of points that in its view merited further attention.
In order to meet the CCWG-Accountability's planned timeline, the GNSO Council had agreed at its December 2015 meeting to form a Sub Team that was to review all the various public comments from the GNSO's Stakeholder Groups and Constituencies. Here the Council will discuss the status of the work of the Sub Team, and if appropriate vote on whether to adopt the CCWG-Accountability's recommendations.
3.1 – Summary and update from GNSO Council Sub-Team (James Bladel / Philip Corwin / Keith Drazek / Paul McGrady / Edward Morris)
3.2 – Discussion
3.3 – Presentation of the motion (James Bladel)
3.4 – Vote on motion (voting threshold: simple majority)
3.5 – Next steps
Item 4:Any Other Business (10 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:
- Create an Issues Report: requires an affirmative vote of more than one-fourth (1/4) vote of each House or majority of one House.
- 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.
- Initiate a PDP Not Within Scope: requires an affirmative vote of GNSO Supermajority.
- 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.
- Approve a PDP Team Charter for a PDP Not Within Scope: requires an affirmative vote of a GNSO Supermajority.
- 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.
- 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.
- 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.
- Approve a PDP Recommendation With a GNSO Supermajority: requires an affirmative vote of a GNSO Supermajority,
- 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.
- 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.
- 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)
Absentee voting is permitted for the following limited number of Council motions or measures.
- Initiate a Policy Development Process (PDP);
- Approve a PDP recommendation;
- Recommend amendments to the GNSO Operating Procedures (GOP) or ICANN Bylaws;
- 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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