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Agenda for GNSO Council Meeting 22 September 2011

Last Updated:
19 September 2011

This agenda was established according to the GNSO Council Operating Procedures approved 7 April 2011 for the GNSO Council.

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 20:00 UTC

Coordinated Universal Time:20:00 UTC - see below for local times
(13:00 Los Angeles, 16:00 Washington DC, 21:00 London, 22:00 Brussels,

Friday 23 September
05:00 Tokyo; 06:00 Melbourne

Dial-in numbers will be sent individually to Council members. Councilors should notify the GNSO Secretariat in advance if a dial out call is needed.

GNSO Council meeting audiocast

Item 1: Administrative matters (10 minutes)

1.1 Roll Call

1.2 Updated statement of interest

1.3 Review/amend agenda

1.4. Note the status of minutes for the previous Council meeting per the GNSO Operating Procedures:

Item 2: GNSO Pending Projects List (5 minutes)

Standard agenda item looking at changes made to the GNSO's Pending Projects list since the previous meeting.
Refer to Pending Projects list

2.1 Changes to Pending Projects List since last Council meeting (Stéphane Van Gelder)

• GNSO activities: 10 (9 – Open Council Meeting DT added).
• Other activities: 9 (9 - no change)
• Joint SO/AC WGs: 7 (7 – no change).
• Outstanding recommendations: 2 (2– no change).

Item 3: Inter-Registrar Transfer Policy Part B Working Group - recommendation # 3 (15 minutes)

At its July 21 meeting, the Council considered a motion to address IRTP Part B recommendation #3. This motion was deferred following a request from one of the GNSO groups, and as the GNSO Council has a practice of honoring such requests, the motion is being considered at this meeting.
Refer to motion 1

3.1 Reading of the motion (Tim Ruiz)
3.2 Discussion
3.3 Vote

Item 4: Inter-Registrar Transfer Policy Part C – Final Issue Report (10 minutes)

As part of the IRTP, Staff has produced an issue report on part C of this work. The report recommends that a PDP be initiated on the issues addressed in the report. A motion is being made to proceed with the PDP on IRTP-C and create a WG to tackle this work.

Refer to motion: 2

4.1 Reading of the motion (Tim Ruiz)
4.2 Discussion
4.3 Vote

Normally, when a PDP is initiated, the Council convenes a DT to draft a charter for the work to be carried out. In this instance, in the interest of efficiency and because the issues laid out in the IRTP-C Final Issues Report are very precise, it is being suggested that the Council adopt the charter as-is and request that this work be started by a WG asap.

A motion is being made to that effect, to be considered only if the first IRTP-C motion passes.
Refer to motion 3

4.4 Reading of the motion (Tim Ruiz)
4.5 Discussion
4.6 Vote

Item 5: Proxy voting - OSC (10 minutes)

The proxy voting section of the GNSO Council Operating Procedures have been updated and put out for public comment. The OSC (Operations Steering Committee) has analyzed the comments received and a motion is being submitted for the GNSO Council to approve this updated text.
Refer to motion 4

5.1 Reading of the motion (Wolf-Ulrich Knoben)
5.2 Discussion
5.3 Vote

Item 6: Registration abuse (RAP) (15 minutes)

At its July 21 meeting, the Council was presented with a motion to address the remaining recommendations of the RAP WG. This motion was discussed at the meeting and should now be considered by Council.

It should be noted that the motion made before the Council today has been slightly reworked as compared to the motion shown at the July 21 meeting (see

Refer to motion 5

6.1 Reading of the motion (Zahid Jamil)
6.2 Discussion
6.3 Vote

Item 7: Joint SO/AC WG on New gTLD Applicant Support (JAS) (15 minutes)

As part of its resolutions on the new gTLD program, the ICANN Board passed a resolved clause during its June 20 meeting in Singapore asking for the community work on Applicant Support to be ready for its consideration at the October 2011 meeting in Dakar, Senegal.

With this in mind, the JAS WG is presenting its final report for GNSO Council consideration.
Refer to Board June 20 2011 motion on new gTLDs:

Refer to motion 6

7.1 Reading of the motion (Rafik Dammak)

7.2 Discussion
7.3 Vote

Item 8: Cartagena Board Resolution on Consumer Choice, Competition and Innovation (10 minutes)

Refer to Board resolution:
In order to fulfill this work as requested by the Board,
the WG is proposing 2 models:

  1. A Joint Working Group including the At Large Advisory Committee (ALAC), Government Advisory Committee (GAC) the GNSO and the ccNSO.
  2. A GNSO Working Group open to others to participate.

A motion is being considered to agree on a way forward.

Refer to motion: 7

8.1 Reading of the motion (Rosemary Sinclair)
8.2 Discussion
8.3 Vote

Item 9: Law Enforcement assistance on addressing criminal activity (10 minutes)

A motion is being made to recommend action by the ICANN Board with regards to addressing Internet-based criminal activity.

Refer to motion: 8

9.1 Reading of the motion (Tim Ruiz)
9.2 Discussion

9.3 Vote


Item 10: Whois Survey Drafting Team (10 minutes)

A motion is being submitted to approve the formation of a Whois Survey Drafting Team.
Refer to motion: 9

10.1 Reading of the motion (Wendy Seltzer)
10.2 Discussion
10.3 Vote

Item 11: June 20 Board resolution on new gTLDs (15 minutes)

As part of its resolutions on the new gTLD program, the ICANN Board passed a resolved clause during its June 20 meeting in Singapore which contained the following excerpt (Resolved 1.b):

Refer to Board June 20 2011 motion on new gTLDs:

Incorporation of text concerning protection for specific requested Red Cross and IOC names for the top level only during the initial application round, until the GNSO and GAC develop policy advice based on the global public interest.

The GNSO Council discussed this at its July 21 meeting. A letter was sent by Kurt Pritz to Heather Dryden & Stéphane van Gelder to provide some guidance:

On September 18, the GAC sent a letter to the GNSO Council providing advice on this topic:

GAC advice:

1) possible UDRP

2) the IOC and Red Cross/Red Crescent

The Council should now discuss next steps and possible courses of action, starting with an answer to the GAC.

11.1 Discussion
11.2 Next steps


Item 12. 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 25% 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 33% of each House or more than 66% of one House;
  3. Initiate a PDP Not Within Scope: requires an affirmative vote of more than 75% of one House and a majority of the other House ("GNSO Supermajority");
  4. 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;
  5. Approve a PDP Recommendation With a GNSO Supermajority: requires an affirmative vote of a GNSO Supermajority; and
  6. 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 with respect to any contracting party affected by such contract provision.

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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