Proposed Agenda for the GNSO Council Meeting 31 October 2013

Last Updated: 30 October 2013
Date: 
31 October 2013

This agenda was established according to the GNSO Council Operating Procedures approved 13 September 2012 for the GNSO Council and updated.
http://gnso.icann.org/en/council/op-procedures-13jun13-en.pdf
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 Times 11:00 UTC
http://tinyurl.com/py4mo84

Coordinated Universal Time 11:00 UTC
04:00 Los Angeles; 07:00 Washington; 11:00 London; 12:00 Paris; 00:00 Wellington next day

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

GNSO Council meeting audio cast
http://stream.icann.org:8000/gnso.m3u

Item 1: Administrative matters (10 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 10 October 2013 will be posted as approved on 23 October 2013

Item 2: Opening Remarks / Review of Projects & Action List (10 mins)

Review focus areas and provide updates on specific key themes / topics

Include review of Projects List and Action List.

Comments or questions arising.

Item 3: Consent agenda (5 mins)

Item 4: MOTION – To approve a charter for the Translation and Transliteration of Contact Information PDP Working Group (10 mins)

On 13 June 2013 the GNSO Council initiated a Policy Development Process (PDP) on the Translation and Transliteration of Contact Information and decided to create a PDP Working Group for the purposes of fulfilling the requirements of the PDP. Following a call for volunteers, a Drafting Team was formed and its members have developed a charter for consideration by the GNSO Council. The drafting team has submitted the charter and so the GNSO Council, having reviewed the charter, will vote on whether to approve it as submitted by the Drafting Team.

4.1 – Review motion 1
4.2 – Discussion
4.3 – Next steps
Voting Threshold: > ⅓ Both (3 CPH, 5 NCPH) or > ⅔ One (5 CPH, 9 NCPH)

Item 5: MOTION – Adoption of the Thick Whois Policy Development Process Final Report and Recommendations (10 mins)

The Final Report on Thick Whois has been prepared as required by the GNSO PDP in the ICANN Bylaws. The Final Report is based on the Initial Report of 21 June 2013 and has been updated to reflect the review and analysis of the Public Comments received by the Thick Whois Working Group, in addition to further deliberations. The report is submitted to the GNSO Council for its consideration. The conclusions and recommendations for next steps on the issues included in this PDP are outlined in Section 7 of the report.

5.1 – Review motion 2
5.2 – Discussion
5.3 – Next steps
Voting Threshold: >= ⅔ Both (5 CPH, 9 NCPH) OR >= ¾ One (4 CPH, 10 NCPH) AND > ½ One (4 CPH, 7 NCPH)

Item 6: MOTION – To approve a charter for the Standing Committee on GNSO Improvements Implementation (SCI) (10 mins)

The GNSO Council approved the original charter for the Standing Committee on GNSO Improvements Implementation (SCI) in 2011. Recently, the SCI determined that the Charter no longer reflected its current role as a standing committee, and furthermore did not contain procedures for selecting its Chair and Vice-Chair. The SCI requested guidance from the GNSO Council as to how to proceed with revisions to the Charter and at its meeting on 05 September 2013 the GNSO Council endorsed the SCI as a standing committee and further requested that the SCI proceed to revise the Charter as it may deem necessary, with the exception of the section on Decision Making. The SCI has since revised the Charter to reflect its role as a standing committee and to include procedures to select the Chair and Vice Chair.

6.1 – Review motion 3
6.2 – Discussion
6.3 – Next steps
Voting Threshold: >50% Both (CPH 4, NCPH 7)

Item 7: MOTION – A charter for the Privacy & Proxy Services Accreditation PDP WG (10 mins)

ICANN staff prepared a paper to summarise the outcomes of the 2013 Registrar Accreditation Agreement (RAA) negotiations in order to set the scene for subsequent associated policy development work to be managed by the Council. This is an ICANN Board initiated PDP. The staff paper contained a draft charter for the PDP WG and the Council has discussed this. Refinements to the charter have been proposed as has a title for the PDP WG. Here the Council needs to decide to move ahead with the revised draft charter prepared by staff or to institute a drafting team to revise and / or develop the PDP WG charter.

7.1 Motion 4
7.2 Discussion
7.2 Next steps
Voting Threshold: > ⅓ Both (3 CPH, 5 NCPH) or > ⅔ (5 CPH, 9 NCPH) One

Item 8: INPUT & DISCUSSION – Prospective improvements to the Policy Development Process (10 mins)

The Council is committed to on-going enhancements to the methods of working of the Council and the work initiated and managed by the Council. The PDP process is a cornerstone of policy making within the GNSO and, as such, the work of the Council. The PDP outcomes and associated processes are the subject of focus and attention both within the GNSO and the broader ICANN Community. The Council has previously discussed a paper prepared by ICANN staff on potential improvements to the PDP process. The discussion is now encapsulated in a table form and further work needs to be done on reviewing the table and agreeing concrete next steps.

8.1 – Review of table of prospective PDP Improvements (Marika Konings)
8.2 – Discussion
8.3 – Next steps

Item 9: DISCUSSION – Policy issues surrounding string confusion (10 mins)

The Council previously discussed issues associated with the string confusion decisions that have been taken e.g. relating to plural and singular versions of the same term and the apparently contradictory decisions on identical strings. The Council agreed to write to the ICANN board and new gTLD programme committee and to consider appropriate additional action. Further, the Council subsequently (10 October 2013) agreed that additional action will be contingent on receiving advice from ICANN legal counsel as to whether or not any additional GNSO work on the topic will have the potential to be used in a timely and effective manner within the new gTLD programme. Here the Council needs to hear if any such advice, requested via ICANN policy staff, has been forthcoming and, if so, what further action to take.

9.1 – Update on advice received
9.2 – Discussion
9.2 – Next steps

Item 10: UPDATE & DISCUSSION – Protection of IGO-INGO Identifiers in all gTLDs Policy Development Process (10 mins)

The WG Chair will provide an update on status of WG deliberations and the public comment solicitation process for the draft Final Report. This PDP WG was formed to develop a set of policy recommendations to address the issue of whether and if so, what types of protections should be provided for the identifiers of certain IGOs and INGOs including the RCRC and IOC at the top and second levels in all gTLDs. For further information please see: http://gnso.icann.org/en/group-activities/active/igo-ingo.

10.1 – Review of proposed WG recommendations (Thomas Rickert)
10.2 – Discussion
10.3 – Next steps

Item 11: UPDATE & DISCUSSION – Planning for Buenos Aires (10 mins)

Making the most out of the face-to-face meeting time available at the ICANN Meeting in Buenos Aires will take planning. GNSO Council Vice Chair, Wolf-Ulrich Knoben has again volunteered to lead this and will be working with the Council and staff on this effort.

Here the Council has the opportunity to feed into plans and provide input based on past experience. Included in this item will be the opportunity to shape the approach to and substance of the Council's proposed meetings with other groups in such as the CCNSO, the GAC and the ICANN board.

11.1 – Update (Wolf-Ulrich Knoben)
11.2 – Discussion
11.3 – Next steps

Item 12: Any Other Business (5 mins)

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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