Final Agenda 30 November 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/WQByB
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: 21:00 UTC: http://tinyurl.com/ybcbm2ev
13:00 Los Angeles; 16:00 Washington; 21:00 London; (Friday) 02:00 Islamabad; 08:00 Hobart
GNSO Council Meeting Audio Cast
To join the event click on the link: http://stream.icann.org:8000/abu60-hallbc-en.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 meetings of the GNSO Council on 12 October 2017, were posted on 3rd November 2017
Item 2. Opening Remarks / Review of Projects & Action List (10 mins)
Item 3. Consent Agenda (0 min)
Item 4: COUNCIL VOTE – Adoption of the GNSO Council response to the GAC Communique for submission to the ICANN Board (15 minutes)
The GNSO Council has adopted the practice of providing feedback to the ICANN Board on matters pertaining to gTLD policy, where the Governmental Advisory Committee (GAC) has included advice on such matters as part of a GAC Communique issued at each ICANN Public Meeting. Following the issuance of the GAC Abu Dhabi Communique (https://gac.icann.org/advice/communiques/public/gac-60-abu-dhabi-communique.pdf), a team of Councilors and the current GNSO Liaison to the GAC agreed to prepare an initial draft of possible GNSO Council input to the Board for Council consideration. This draft was circulated to the Council mailing list on 20 November 2017 (https://gnso.icann.org/en/drafts/review-gac-communique-21nov17-en.pdf) and updated with edits on the 28 November 2017 (https://gnso.icann.org/en/drafts/review-gac-communique-28nov17-en.pdf).
Here the Council will discuss the draft Council feedback, and vote on whether or not to approve it for transmission to the ICANN Board.
4.1 – Presentation of motion (Donna Austin)
4.2 – Council discussion
4.3 – Council vote (voting threshold: simple majority)
Item 5. COUNCIL VOTE – Referral of the privacy and proxy services issue, related to IRTP-C, to the PPSAI IRT (15 minutes)
At the request of the Registrars' Stakeholder Group (RrSG), which raised a substantive concern regarding the application of Inter-Registrar Transfer Policy-C (IRTP-C) to privacy and proxy services, the GNSO Council wrote to the ICANN Board to recommend that the matter be referred to the Privacy/Proxy Services Accreditation Implementation (PPSAI) Implementation Review Team (IRT) for consideration before the Policy effective date.
The Board responded on 21 December 2016 to note that it was reviewing the Council's request and in the interim, directed ICANN Contractual Compliance to defer enforcement of the issue. On 3 February 2017, the Board passed a resolution confirming its instructions regarding deferral of Contractual Compliance enforcement and declaring its intention of further discussing the concerns raised by the GNSO Council at a subsequent meeting.
On 16 March 2017, the Board passed a resolution directing the ICANN CEO to instruct ICANN staff to work with the RrSG and other interested parties to determine the appropriate path forward. ICANN Staff and the RrSG are in agreement that the discussion should be referred to the PPSAI IRT.
Here, the Council will consider a motion to refer the issue of applying IRTP-C to privacy and proxy services to the PPSAI IRT for resolution.
5.1 – Presentation of motion (Darcy Southwell)
5.2 – Council discussion
5.3 – Council vote (voting threshold: simple majority)
Item 6: COUNCIL VOTE – Confirmation of GNSO Representative to the Empowered Community Administration (15 minutes)
The GNSO Council adopted the proposed process and criteria for selecting the GNSO representative to the Empowered Community Administration during its meeting on 28 June 2017. Utilizing that process, the GNSO Council confirmed on 9 November 2017 that Heather Forrest would serve in interim basis to represent the GNSO as the Decisional Participant on the Empowered Community Administration.
Further utilizing that process, the GNSO Council leadership has met and agreed that Heather Forrest will perform the role of GNSO representative to the Empowered Community Administration. Here, the Council will vote to confirm this selection.
6.1 – Presentation of motion (Donna Austin)
6.2 – Council Discussion
6.3 – Council vote (voting threshold: simple majority)
Item 7: COUNCIL VOTE – Confirmation that modification to the procedure that implements the Whois conflicts with privacy law policy recommendation with the Contracted Party Request and Legal Opinion triggers is consistent with the intent of the policy recommendation (20 minutes)
As a result of community input and the work of the Implementation Advisory Group (IAG), ICANN made effective the revised WHOIS Conflicts with Privacy Law Procedure on 18 April 2017 to better accommodate issues where Whois requirements conflict with applicable laws.
As requested by this GNSO Council, ICANN published a paper for public comment to provide analysis and solicit community input on the practicality and feasibility of the triggers identified in the revised WHOIS Conflicts with Privacy Law Procedure. The public comment period was also intended to collect suggestions for moving forward with the review. The public comment period closed on 7 July 2017 and the staff report of public comments was published on 28 July 2017.
On 1 August 2017, the Council received a letter from Akram Atallah, providing a collection of possible options for proceeding with the review, and offering to discuss those options or others identified by Council. On 24 August 2017, the Council received an update from GDD staff and discussed possible options for moving forward with the review of the Procedure For Handling WHOIS Conflicts with Privacy Law.
The Council has since considered the possible modifications to the procedure identified in the letter from Akram Atallah. Here, the Council will vote to confirm that the modifications to the procedure are consistent with the intent of the policy recommendation.
7.1 – Presentation of motion (Keith Drazek)
7.2 – Council Discussion
7.3 – Council vote (voting threshold: simple majority)
Item 8: COUNCIL DISCUSSION – Update on the GNSO Council Strategic Planning Session (15 minutes)
In January of 2017, the GNSO Council submitted a FY18 additional budget request to support a 3 day face-to-face strategic planning session in January of 2018. At a high-level, the purpose of the meetings is to allow for focused and dedicated sessions to strategically develop a work plan for the upcoming year. This additional budget request was approved by the ICANN Board on 19 April 2017. The GNSO Council Strategic Planning Session is scheduled to take place on January 29–31 2018 at the ICANN office in Los Angeles.
Here the Council leadership will provide an update to the Council on preliminary planning steps undertaken to date, including review of a draft agenda.
8.1 – Presentation of discussion topic (Council leadership)
8.2 – Council discussion
8.3 – Next steps
Item 9: COUNCIL DISCUSSION – Update on the GNSO Council Standing Committee on ICANN budget (15 minutes)
The GNSO Council has determined that it may need to provide a Council specific response (not to supersede any response from any SG/C) to certain ICANN budget related public comments. The interim GNSO Council Standing Committee on ICANN budget has considered two public comments 1) Draft PTI and IANA FY19 Operating Plans and Budgets and 2) ICANN Reserve Fund – Public Comment on Rationale and Target Level and prepared draft responses( https://gnso.icann.org/en/drafts/draft-comments-plan-budget-26nov17-en.pdf and https://gnso.icann.org/en/drafts/draft-comments-icann-reserve-fund-27nov17-en.pdf) to both for Council consideration. The Council may discuss the state of this standing committee's charter as well.
Here, the Council will discuss those draft responses and any possible next steps for the committee's charter.
9.1 – Presentation of discussion topic (Council leadership)
9.2 – Council discussion
9.3 – Next steps
Item 10: ANY OTHER BUSINESS (10 minutes)
10.1 – Discussion of Council meeting dates and rotation for 2018
10. 2 – Update on the status of the Second Security, Stability, and Resiliency Review Team (SSR2-RT)
10.3 – Other?
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)
References for Coordinated Universal Time of 21:00 UTC
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DST starts/ends on Sunday 25 of March 2018, 2:00 or 3:00 local time (with exceptions) for EU countries.