Proposed Final Agenda For GNSO Council Meeting 16 February 2017
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/Oo7RAw
This agenda was established according to the GNSO Operating Procedures v3.2, updated on 01 September 2016.
- 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/gpnsgbw
04:00 Los Angeles; 07:00 Washington; 12:00 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 mins)
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 meeting of the GNSO Council on 15 December 2016, posted on 4 January 2017.
Minutes of the meeting of the GNSO Council on 19 January 2017, posted on 10 February 2017.
Item 2. Opening Remarks / Review of Projects & Action List (10 mins)
Item 3. Consent Agenda (5 mins)
3.1 – Confirmation of Continuation of GNSO Chair’s Term as Interim GNSO Representative to the Empowered Community (EC) Administration
On 29 September 2016, the GNSO Council passed a resolution (https://gnso.icann.org/en/council/resolutions#20160929-2) appointing the GNSO Chair (currently James Bladel) as the GNSO’s representative to the EC Administration on an interim basis. The Council resolution had contemplated that the GNSO would finalize its decision as to its appointment of the person designated to represent the GNSO on the EC Administration within three months of the completion of the work of the GNSO Rights & Obligations under Revised ICANN Bylaws Drafting Team (DT) and adoption of its recommendations by the GNSO Council. The DT’s Final Report was accepted by the GNSO Council on 1 December 2016 (https://gnso.icann.org/en/council/resolutions#20161201-1), and work is currently underway on drafting proposed necessary modifications or additions to the GNSO Operating Procedures and, if applicable, any ICANN Bylaws pertaining to the GNSO.
Here the Council is expected to confirm that its appointment of the GNSO Chair as interim GNSO representative to the EC Administration is intended to remain in effect until the necessary modifications or additions to the GNSO Operating Procedures and ICANN Bylaws are completed.
Item 4. COUNCIL VOTE – Approval of Final Report from the WHOIS Conflict with National Laws Procedure Implementation Advisory Group (15 minutes)
The GNSO’s 2005 Policy on WHOIS Conflicts with National Laws (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. On 25 May 2016, the IAG’s Final Report, together with Appendices and a summary memo (https://mm.icann.org/pipermail/council/2016-May/018707.html), was delivered to the GNSO Council. The IAG Final Report proposes modifying the Procedure to allow for an additional trigger where a party has obtained, and submitted to ICANN, a written statement from the government agency charged with enforcing its data privacy laws indicating that a particular WHOIS obligation is in conflict with its national law.
The Council received an update on the proposed modification at ICANN56 and discussed the matter further at its meetings on 21 July 2016 and 24 August 2016. Following additional discussions among a small group of Council volunteers, a revised motion was developed and circulated to the Council on 6 February 2017 (https://mm.icann.org/pipermail/council/2016-May/018707.html). Here the Council will discuss and vote on the revised motion, on whether the proposed IAG modification to the Procedure conforms to the intent of the original GNSO Policy, a request that ICANN staff review the feasibility of the proposed additional trigger, and a proposal that the next periodic review of the Procedure commence no later than 31 May 2017.
4.1 – Presentation of the motion (https://community.icann.org/x/PI7RAw) (James Bladel)
4.2 – Council discussion
4.3 – Council vote (voting threshold: simple majority)
Item 5. COUNCIL DISCUSSION – Proposal to Limit the Scope of the Upcoming Third Accountability and Transparency Review (10 minutes)
On 2 December 2016, the co-chairs of the Cross Community Working Group for Accountability (CCWG-Accountability) had proposed to the community that the forthcoming third review of ICANN’s mechanisms for ensuring accountability and transparency (ATRT-3) be limited in scope to assessing the implementation of the recommendations from the second accountability and transparency review (ATRT-2) (https://mm.icann.org/pipermail/council/2016-December/019581.html). The CCWG-Accountability co-chairs’ proposal was based on the acknowledgement that, without such a limitation, there is likely to be significant overlap between the work of the CCWG-Accountability’s Work Stream 2 (WS2) and ATRT-3, since 6 of the 9 WS2 topics concern issues of accountability and transparency.
On 25 January 2017, the CCWG-Accountability co-chairs sent a second request for input on its proposal from all ICANN Supporting Organizations and Advisory Committees, having received no comments following its initial December request and noting that the call for volunteers for ATRT-3 was due to be published by the end of January (https://mm.icann.org/pipermail/council/2017-January/019715.html). Here the Council will discuss whether or not the GNSO Council and community have any concerns over or objections to the CCWG-Accountability proposal.
5.1 – Summary and update (Council Chairs)
5.2 – Council discussion
5.3 – Next steps
Item 6. COUNCIL DISCUSSION – Proposed Charter for a GNSO Standing Selection Committee for Selection of GNSO Representatives/Nominees to Future Review Teams and Other ICANN Structures (15 minutes)
On 13 December 2016, Councilors Susan Kawaguchi and Ed Morris circulated for the Council’s consideration a draft document proposing a set of criteria and a uniform process for the selection of GNSO representatives to future Review Teams, including for the various reviews mandated by the ICANN Bylaws, and other ICANN structures for which the GNSO will need to appoint, nominate or endorse candidates (https://gnso.icann.org/en/drafts/gnso-appointments-procedure-13dec16-en.pdf). Following further work on the draft document by Susan, Ed and the Council leadership, a proposed Charter to create a GNSO Standing Selection Committee that will conduct future selections based on agreed, uniform criteria and a documented process was circulated to the Council on 6 February 2017 (https://mm.icann.org/pipermail/council/2017-February/019734.html). Here the Council will discuss the draft Charter, with a view toward adopting a final version at its next meeting, in March 2017.
6.1 – Presentation of the Charter scope (Susan Kawaguchi & Ed Morris)
6.2 – Council discussion
6.3 – Next steps
Item 7: COUNCIL DISCUSSION – Selection of GNSO Nominees for the Second Registration Directory Service (formerly WHOIS) Review Team (10 minutes)
The ICANN Bylaws mandate a periodic review to assess the effectiveness of the then-current gTLD registry directory service and whether its implementation meets the legitimate needs of law enforcement, promoting consumer trust and safeguarding registrant data. A call for volunteers for the second such Registration Directory Service (RDS) Review (formerly a WHOIS Review) was first published on 28 October 2016, and the deadline for applications was subsequently extended to 20 January 2017 (https://www.icann.org/news/announcement-2017-01-11-en). All ICANN Supporting Organizations and Advisory Committees (SO/AC) are now expected to select their primary and (if appropriate) alternate candidates for the RDS Review Team, according to their own internal processes, from the list of applications received (https://community.icann.org/x/gYfDAw). Under the Bylaws, each SO/AC may select up to 3 primary nominees who will each automatically have a place on the RDS Review Team, and may also nominate a further 4 candidates for consideration for inclusion by the full SO/AC leadership team should there be additional places available on the Review Team due to one or more SO/AC not having selected its full slate of 3 primary nominees.
Here the Council will discuss its timeline and expected selection process (including possible use of the proposed GNSO Standing Selection Committee) for the final list of GNSO nominees to the second RDS Review Team.
7.1 – Status update (GNSO Council Chairs)
7.2 – Council discussion
7.3 – Next steps
Item 8: COUNCIL DISCUSSION – Appointment of New GNSO Co-Chair for the Cross Community Working Group on New gTLD Auction Proceeds (5 minutes)
The GNSO Council had approved the Charter for the new Cross Community Working Group on New gTLD Auction Proceeds in November 2016. In December 2016, the Council appointed Jonathan Robinson as the GNSO co-chair to the group (https://gnso.icann.org/en/council/resolutions#20161215-1). On 9 February 2017, Jonathan Robinson informed the CCWG and the Council that he will be stepping down as GNSO co-chair, and requested that the Council appoint a successor as soon as is reasonably possible (http://mm.icann.org/pipermail/ccwg-auctionproceeds/2017-February/000080.html). Here the Council will discuss the appointment of a new GNSO co-chair, including the issuance of a Call for Volunteers for the position.
8.1 – Status update (GNSO Council Chairs)
8.2 – Council discussion
8.3 – Next steps
Item 9: COUNCIL DISCUSSION – Preparation for Joint Meetings at ICANN58 – 11–16 March 2017 (20 minutes)
As has been customary, the GNSO will be meeting with the ICANN Board, the Governmental Advisory Committee (GAC) and, for the GNSO Council, also the ccNSO Council at the upcoming ICANN58 meeting in Copenhagen. A list of the topics that had either been discussed at the last ICANN meeting (in Hyderabad in November 2016) or that had already been suggested for Copenhagen was circulated to the Council on 10 February 2017 (https://mm.icann.org/pipermail/council/2017-February/019740.html). Here the Council will review and agree on the topics it wishes to discuss with the Board, GAC and ccNSO Council, with a view toward transmitting the lists of topics to these bodies in good time to allow for preparation for and discussion at ICANN58.
9.1 – Status update (GNSO Council chairs)
9.2 – Council discussion
9.3 – Next steps
Item 10: COUNCIL DISCUSSION – Finalizing the GNSO Meeting Schedule for ICANN58 11- 16 March 2017 (5 minutes)
Based on Council discussions at its last few meetings following ICANN57 and the draft overall ICANN block meeting schedule for ICANN58 (https://meetings.icann.org/sites/default/files/icann58_blocksched_jan17.pdf), ICANN staff updated the draft GNSO Block Schedule that had been circulated previously, to include specific slots for face-to-face meetings of GNSO Policy Development Process (PDP) Working Groups, and specific topics for discussion at the various GNSO sessions. An updated draft GNSO Block Schedule was posted on 14 February 2017 (https://gnso.icann.org/en/drafts/icann58-gnso-schedule-12feb17-en.xlsx). Here the Council will review the updated draft GNSO Block Schedule, and confirm the topics and timings for the GNSO’s sessions at ICANN58.
10.1 – Scheduling update (GNSO Council leadership / ICANN staff)
10.2 – Council discussion
10.3 – Next steps
Item 11: COUNCIL DISCUSSION – Proposed Council Request in relation to Letter from Thick WHOIS Implementation Review Team (10 minutes)
On 15 December 2016, the Thick WHOIS Implementation Review Team (IRT) sent a letter to the GNSO Council describing a number of privacy law developments and how the IRT has considered them (see https://gnso.icann.org/en/correspondence/irt-to-gnso-council-15dec16-en.pdf). The letter noted that the IRT’s implementation plan has been published for public comment (see https://www.icann.org/public-comments/proposed-implementation-gnso-thick-rdds-whois-transition-2016-10-26-en) and that the IRT does not currently expect the developments in question to affect the timeline for transition to thick WHOIS. The Council discussed the letter at its last meeting on 19 January 2017, at which Councilors Erika Mann and Michele Neylon volunteered to draft a possible response to the IRT from the Council for Council consideration. On 2 February, Councilor Erika Mann circulated a draft Council request for an update on the legal review that had been done previously (https://mm.icann.org/pipermail/council/2017-February/019729.html). Here the Council will discuss the draft request, with a view toward deciding on its further actions on this topic.
11.1 – Summary of the draft request (Erika Mann)
11.2 – Council discussion
11.3 – Next steps
Item 12: ANY OTHER BUSINESS (5 minutes)
Appendix 1: GNSO Council Voting Thresholds (ICANN Bylaws, Article 11, Section 11.3(i))
Appendix 2: GNSO Council Absentee Voting Procedures (GNSO Operating Procedures, Section 4.4)
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