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Proposed Agenda for the Special GNSO Council Session 29 February 2016

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Proposed Agenda for the Special GNSO Council Session 29 February 2016

This agenda was established according to the GNSO Council Operating Procedures, approved and updated on 24 June 2015.

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: 21:00 UTC
13:00 Los Angeles; 16:00 Washington; 21:00 London; 23:00 Istanbul; 08:00 Hobart Tuesday 1 March
http://tinyurl.com/hj3pug7

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:

Draft minutes of the meeting of the GNSO Council on 18 February 2016 will be posted as approved on 6 March 2016.

Item 2: Opening Remarks (5 minutes)

2.1 – Overview of purpose of meeting (James Bladel)

Item 3: DISCUSSION – Final Report and Recommendations from the Cross-Community Working Group on Enhancing ICANN Accountability

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 the US 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. Following further community input, including from the ICANN Board, the CCWG-Accountability published a Third Draft Proposal for public comment on 30 November 2015.

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 – had 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 needed 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. The CWG-Stewardship had submitted a public comment to the CCWG-Accountability which noted that several of the CCWG-Accountability's draft recommendations adequately satisfied the CWG-Stewardship's requirements, but further work was merited on a number of other points.

Following a Special Meeting on 14 January 2016, the GNSO Council had approved a letter setting out its response to the recommendations in the Third Draft Proposal. This was sent to the CCWG-Accountability on 22 January. In response to the SO/AC and community input to its Third Draft Proposal, the CCWG-Accountability reworked some of its draft recommendations, resulting in a Final Supplemental Proposal that was sent to all its Chartering Organizations on 23 February (see https://www.icann.org/news/blog/ccwg-accountability-delivers-report-to-chartering-organization).

The Supplemental Final Proposal on Work Stream 1 Recommendations has the consensus support of the CCWG-Accountability with five minority statements (submitted as of 19 February) from members recorded for Chartering Organization consideration (see Appendix A of the Final Proposal). Members have a last opportunity to revise, retract or add minority statements based on the final compromise reached within the CCWG-Accountability, and a revised Appendix A is expected to be circulated on 25 February.

Here the Council will discuss initial feedback to the Supplemental Final Proposal from its Stakeholder Groups and Constituencies (including any remaining concerns that may have been identified by any group) and any further necessary actions that need to be taken prior to GNSO's formal consideration of the CCWG-Accountability's final recommendations. The Council vote is scheduled to take place at ICANN55, in time for the CCWG-Accountability to send its Final Supplemental Proposal on Work Stream 1 Recommendations to the ICANN Board so as to meet the NTIA timeline.

3.1 – Update from Thomas Rickert

3.2 – Comments from GNSO members & participants to the CCWG

3.3 – Updates from Council members on work occurring in SG/Cs

3.4 – Open discussion

3.5 – Next steps and preparation for Council vote in Marrakech

Item 4: 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): 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)
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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