This agenda was established according to the GNSO Council Operating Procedures, approved and updated on 13 November 2014.
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: 15:00 UTC (http://tinyurl.com/nktk6rh)
08:00 Los Angeles; 11:00 Washington; 16:00 London; 17:00 Brussels; 23:00 Perth
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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 meeting of 11 February, 19 March and 16 April 2015 will be posted as approved on xxxx 2015.
Item 2: Opening Remarks / Review of Projects & Action List (10 mins)
2.1 - Review focus areas and provide updates on specific key themes / topics, to include review of Projects List and Action List.
2.2 - Comments or questions arising.
Item 3: Consent agenda (0 mins)
Item 4: DISCUSSION – Cross Community Working Group to develop a transition proposal for IANA stewardship on naming related functions (15 mins)
The Cross Community Working Group to develop a transition proposal for IANA stewardship on naming related functions (CWG-Stewardship) was chartered to develop a proposal on Naming Related Functions for the IANA Stewardship Transition Proposal. A draft proposal was published for community comment on 1 December 2014, following which a revised timeline and update was provided for discussion at ICANN52 in Singapore. The CWG-Stewardship has published its updated proposal for public comment (ending on 20 May), with the goal of finalizing the proposal for submission to its chartering SO/ACs ahead of the ICANN53 Meeting to be held in Buenos Aires and subsequent submission to the IANA Stewardship Coordination Group (ICG).
Given that the GNSO is a chartering organization of the CWG-Stewardship and will need to approve the group's final proposal, this is an opportunity for the Council to review the CWG's work and to discuss what, if any, issues will need to be addressed by the GNSO or Council at this critical stage.
4.1 – Status summary (Jonathan Robinson)
4.2 – Discussion
4.3 – Next steps
Item 5: DISCUSSION - Cross Community Working Group on Enhancing ICANN Accountability – CCWG Accountability (15 mins)
In discussions around the IANA stewardship transition, the broader topic of the impact on ICANN's accountability was raised, given ICANN's historical contractual relationship with the United States government. The community concerns indicated that existing ICANN accountability mechanisms do not yet meet some stakeholders' expectations. Considering that the US Government (through the 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 has been done through the formation and development of a Cross Community Working Group on Enhancing ICANN Accountability – CCWG Accountability.
The CCWG-Accountability developed two work streams, of which Work Stream 1 is intended to align with the timing of the CWG-Transition work and the overall NTIA objectives and timeline. Initial proposals for Work Stream 1 were published for public comment on 4 May 2015 (closing on 3 June). As the GNSO is a chartering organization of the CCWG-Accountability, having adopted the charter in November 2014, this is an opportunity for the Council to review and discuss the CCWG's work and to discuss what, if any, issues will need to be addressed by the GNSO or Council at this critical stage.
5.1 - Status summary (Thomas Rickert)
5.2 - Discussion
5.3 - Next steps
Item 6: UPDATE FOR COUNCIL DECISION– Cross Community Working Group on Internet Governance (10 mins)
The charter for this CWG was ratified between September 2014 and April 2015 by the ALAC, ccNSO and GNSO, having previously been an informal effort organized by the ALAC and the GNSO's Non-Commercial Stakeholder Group. The GNSO Council does not currently have a Council liaison to the CWG. Separately, the CWG has submitted a recent request to its Chartering Organizations to confirm interpretation of the chartered role of observers/participants in its work. Here the Council will receive an update on the CWG's progress, discuss both the liaison issue, and consider a non-objection to the CWG's proposed interpretation of the Charter.
6.1 – Status summary (Olivier Crépin-Leblond & Rafik Dammak)
6.2 – Consideration of non-objection to Charter interpretation
6.3 – Appointment of Council liaison
6.4 – General discussion and next steps
Item 7: UPDATE FOR COUNCIL GUIDANCE - Cross-Community Working Group on Use of Country & Territory Names as TLDs (10 mins)
This CWG was jointly chartered by the ccNSO and GNSO Councils in June 2014 to review the current status of representations of country and territory names under current ICANN policies, guidelines and procedures, and to provide advice regarding the feasibility of developing a consistent and uniform definitional framework that could be applicable across the respective SO/ACs. Here the Council will receive an update from the CWG co-chairs, and discuss the appointment of a new Council liaison to the CWG.
7.1 - Status summary (Heather Forrest & Carlos Raul Gutierrez)
7.2 - Discussion
7.3 - Next steps
Item 8: UPDATE FOR COUNCIL GUIDANCE - IGO-INGO Access to Curative Rights Mechanisms PDP Working Group (10 mins)
This GNSO PDP Working Group was chartered to explore whether or not amendments to existing curative rights dispute resolution processes or the development of a new and specific procedure would be necessary to address the needs of International Governmental Organizations (IGOs) and International Non-Governmental Organizations (INGOs). Through the GAC-GNSO liaison, it has sought to engage with the GAC and has also exchanged correspondence with a small representative group of IGOs. Here the Council will receive an update on the status of the GAC and IGO engagements, and discuss appropriate next steps for the WG.
8.1 - Status summary (Phil Corwin / Petter Rindforth / Mason Cole)
8.2 - Discussion
8.3 - Next steps
Item 9: UPDATE FOR SUBSEQUENT COUNCIL ACTION – New gTLDs Subsequent Rounds Discussion Group (10 mins)
This Discussion Group was created by the GNSO Council in June 2014 to discuss experiences gained during the current expansion round of new gTLDs, and identify possible subjects for future Issue Reports that might result in changes to application procedures. Here the Council will receive an update on the status of the DG's work, with a view toward possible Council action on its recommendations in Buenos Aires.
9.1 – Status summary (Bret Fausett / Jeff Neuman / Liz Williams)
9.2 – Discussion
9.3 – Next steps
Item 10: UPDATE and DISCUSSION – GNSO Drafting Team on New ICANN Meeting Strategy (10 mins)
Following initial Council discussions on planning GNSO-related meetings at ICANN Public Meetings after implementation of the new ICANN meeting strategy, a Drafting Team comprised of several Council members was created to develop an initial proposal for Council consideration. Here the Council will receive an update on the status of the project, and consider next steps.
10.1 – Update (Volker Greimann / Marika Konings)
10.2 – Discussion
10.3 – Next steps
Item 11: UPDATE – Progress on GNSO Review (10 minutes)
The Independent Examiner appointed by the Board's Structural Improvements Committee to conduct the GNSO Review has shared its draft Initial Report with the GNSO's Working Party on this topic. The current intention is to publish the Initial Report for public comment following feedback from the Working Party, prior to the Buenos Aires meeting. Here the Council will receive an update on the Initial Report and proposed timelines for completing the Review.
11.1 – Update (Jennifer Wolfe)
11.2 – Discussion
11.3 – Next steps
Item 12: Any Other Business (5 mins)
12.1 – Buenos Aires meeting planning (update: David Cake / Jonathan Robinson)
12.2 – Any other business
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)
4.4.1 Applicability
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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