Minutes of the GNSO Council Meeting held on 1 December 2016

Last Updated: 19 December 2016
Date: 
01 December 2016

Agenda and Documents

Coordinated Universal Time: 21:00 UTC
http://tinyurl.com/zqkas4h
13:00 Los Angeles; 16:00 Washington; 21:00 London; (Friday 2nd December) 00:00 Istanbul; 08:00 Hobart

The meeting started at: 21:02 UTC

List of attendees:
NCA – Non Voting – Erika Mann (absent- apologies)
Contracted Parties House
Registrar Stakeholder Group: James Bladel, Michele Neylon, Darcy Southwell (absent - apologies, proxy to Michele Neylon)
gTLD Registries Stakeholder Group: Donna Austin, Keith Drazek, Rubens Kühl
Nominating Committee Appointee (NCA): Hsu Phen Valerie Tan
Non-Contracted Parties House
Commercial Stakeholder Group (CSG): Philip Corwin, Susan Kawaguchi, Wolf-Ulrich Knoben, Tony Harris, Paul McGrady, Heather Forrest
Non-Commercial Stakeholder Group (NCSG): Amr Elsadr, Stephanie Perrin, Stefania Milan, Edward Morris, Marilia Maciel, Rafik Dammak
Nominating Committee Appointee (NCA): Julf (Johan) Helsingius
GNSO Council Liaisons/Observers:
Cheryl Langdon-Orr – ALAC Liaison
Patrick Myles – ccNSO Observer - absent
Carlos Raul Gutierrez – GNSO liaison to the GAC

ICANN Staff
David Olive – Senior Vice President, Policy Development Support and General Manager, ICANN Regional Headquarters - Istanbul – absent apologies
Marika Konings – Senior Policy Director
Mary Wong – Senior Policy Director
Julie Hedlund – Policy Director
Steve Chan – Senior Policy Manager, Policy Development Support
Berry Cobb – Policy consultant
David Tait – Policy Specialist
Emily Barabas – Policy Analyst
Glen de Saint Géry – GNSO Secretariat – absent - apologies
Nathalie Peregrine – Specialist, SO/AC
Terri Agnew – Secretariat Services Coordinator, GNSO
Josh Baulch – Senior Manager, Meeting Planning Operations, Meetings Team

MP3 Recording
Adobe Chat Transcript
Transcript

Item 1: Administrative matters (5 minutes)

1.1 – Roll call

1.2 – Updates to Statements of Interest

  • No updates were provided

1.3 – Review/amend agenda.

Note Item 5 (Council Vote: GNSO Council Response to the Board on gTLD Policy Matters related to the GAC Communiqué from Hyderabad) deferred to the GNSO Council meeting on the 15th December 2016

Note Item 6 (COUNCIL VOTE – Approval of Letter to the ICANN Board concerning Implementation Issues with Part C of the Inter-Registrar Transfer Policy) withdrawn.

1.4 - The Draft minutes of the first part of the meeting of the GNSO Council on 07 November 2016 have been sent to Council Leadership and Council list.

Item 2: Opening Remarks / Review of Projects & Action List

2.1 – Review focus areas and provide updates on specific key themes / topics, to include review of Projects List and Action List.

Item 3: Consent agenda

No items on the Consent agenda

Item 4. COUNCIL VOTE – Adoption of Consensus Recommendations from the GNSO Bylaws Drafting Team

James Bladel proposed the motion, seconded by Rubens Kuhl, amendments by Amr Elsadr.

James Bladel read the motion with proposed amendments; this was met by no objection from Council members. Heather Forrest expressed thanks to Amr Elsadr for his clarifying amendments. Susan Kawaguchi thanked James Bladel for recognizing stakeholder group input in the text of the motion. James Bladel in turn gave credit to the Drafting Team members for their efforts.

WHEREAS:

  1. On 30 June 2016 the GNSO Council approved the creation of a Drafting Team (DT) that was to work with ICANN staff to "fully identify all the new or additional rights and responsibilities that the GNSO has under the revised Bylaws, including but not limited to participation of the GNSO within the Empowered Community, and to develop new or modified structures and procedures (as necessary) to fully implement these new or additional rights and responsibilities";
  2. In creating the DT, the GNSO Council requested that the DT provide the GNSO Council with an implementation plan "which will have the consensus of the Drafting Team, including any recommendations for needed further changes to ICANN Bylaws and/or GNSO Operating Procedures to enable effective GNSO participation in ICANN activities under the revised ICANN Bylaws, not later than 30 September 2016";
  3. During the course of the DT's work, differing views were expressed on the role of the GNSO Council in the Empowered Community, leading to the production of a Final Report, which included a minority report on the role of the GNSO Council; and
  4. The DT submitted its Final Report to the GNSO Council on 12 October 2016 (https://gnso.icann.org/en/drafts/bylaws-drafting-team-final-report-12oct16-en.pdf). The GNSO Council has reviewed the DT's report.

RESOLVED:

  1. The GNSO Council accepts the recommendations in the DT's Final Report as submitted.
  2. The GNSO Council directs ICANN Policy Staff to draft proposed language for any necessary modifications or additions to the GNSO Operating Procedures and, if applicable, those parts of the ICANN Bylaws pertaining to the GNSO. The GNSO Council requests that ICANN Legal evaluate whether the proposed modifications are consistent with the post-transition Bylaws and report their findings to the GNSO Council.
  3. The GNSO Council requests that members of the DT make themselves available for consultation by ICANN Policy Staff as needed.
  4. The GNSO Council directs ICANN Policy Staff to post the DT Final Report, including the minority report, and all proposed modifications or new procedures for public comment for no less than 40 days. The GNSO Council expects that any comments received will be given meaningful consideration.
  5. As resolved previously, the GNSO Council intends to subject the adoption of the proposed modifications to existing procedures and/or ICANN Bylaws to a GNSO Supermajority vote. 6. The GNSO Council thanks the DT for its collaborative effort, especially in view the limited time frame available to the DT.

The motion carried unanimously by super majority vote via roll call

Voting results

Action items:

  • Policy staff to draft proposed language for modifications/additions to the GNSO Operating Procedures and, if applicable, those parts of the ICANN Bylaws pertaining to the GNSO
  • Drafting Team (DT) members to be available for consultation by staff as needed
  • ICANN Legal to evaluate whether the proposed modifications are consistent with the post-transition Bylaws and report to the GNSO Council.
  • Staff to post the DT Final Report, including the minority report, and all proposed modifications or new procedures for public comment for no less than 40 days (NOTE: following close of public comment forum, Council to review all public comments submitted and decide on next steps; GNSO Council intends to adopt any new/amended procedures by Supermajority vote)
  • Staff to notify DT of voting result

Item 5. COUNCIL VOTE – GNSO Council Response to the Board on gTLD Policy Matters related to the GAC Communiqué from Hyderabad

Paul McGrady, who proposed the motion, requested a deferral in order to give time for a draft to be circulated in advance of the GNSO Council meeting on the 15 December 2016.

Voting results

Action item:

  • Draft response to be circulated by the group of volunteer Councilors working on the draft in advance of the next Council meeting

Item 6: COUNCIL VOTE – Approval of Letter to the ICANN Board concerning Implementation Issues with Part C of the Inter-Registrar Transfer Policy

James Bladel asked councilors if there was any objection to not submitting the motion to a vote, and sending the letter to the ICANN Board. He noted that whereas there had been some discussion about the first motion, amendments had been made prior to the Council meeting.

Phil Corwin noted that the implementation of this particular iteration of Inter-Registrar Transfer Policy (IRTP) had been problematic.

Heather Forrest expressed the IPC's support for the approach proposed.

Michele Neylon, proxy for Darcy Southwell, withdrew the motion.

Amr Elsadr asked for clarification regarding halting the implementation on the compliance part of the policy

James Bladel confirmed that the request was that that particular element of the policy be placed on hold and also that more time be provided.

Voting results

Action item:

  • Letter to be sent to ICANN Board

Item 7: COUNCIL VOTE – Adoption of Proposed Implementation Plan for Recommendations relating to the 2014 GNSO Review

Wolf-Ulrich Knoben presented the highlights of the GNSO Review Implementation Plan. (Slide deck)

James Bladel noted that a webinar would be proposed for councillors to be fully informed.

Paul McGrady, Heather Forrest, Stefania Milan and Keith Drazek expressed support for the webinar.

GNSO Review Implementation Plan Webinar is scheduled on Thursday, 8 December at 1400 UTC.

Paul McGrady requested the deferral of the motion.

James Bladel thanked Wolf-Ulrich Knoben for his leadership role in this matter.

Voting results

Action item:

  • Webinar to provide overview of proposed plan to be scheduled

Item 8: COUNCIL DISCUSSION – GNSO Council Response to Proposed Scope of the Forthcoming Registration Directory Services (RDS) Review (formerly the Whois Review)

James Bladel introduced the issue of the potentially overlapping Reviews early 2017 triggering duplication of topics of study and of volunteer effort, with a potential solution being one of limiting the scope of each of the concerned reviews.

Keith Drazek and Susan Kawaguchi both volunteered to work on amendments regarding restriction of language and of scope.

Amr Elsadr recommended that it would be helpful to the review team to also not limit membership to previous review team members

Action items:

  • Susan Kawaguchi and Keith Drazek to work on draft response, incorporating points raised during Council discussion (including suggestions to include strategy for coordinating all ongoing Whois-related efforts, consult past Review Team members, and expand membership beyond past Review Team members) and circulate draft to Council list by Close of Business on Monday 5 December
  • Council leadership and staff to notify responsible ICANN staff that a GNSO Council response should be forthcoming by Monday 12 December

Item 9. COUNCIL DISCUSSION – GNSO Council Response to Questions from the CCWG-Accountability Co-Chairs concerning Work Stream 2

James Bladel reminded councillors that they had received requests from the co-chairs of the CCWG Accountability Work Stream 2 to answer specific questions about how the GNSO is internally accountable.

Marika Konings further outlined the survey which has gone out to all the different SOs and ACs requesting further information in relation to accountability and transparency matters that are in place to facilitate participation in relation to outreach and other aspects of the work of the different groups.

Cheryl Langdon-Orr, one of the three co-rapporteurs, expressed satisfaction at all Supporting Organization and Advisory Committees progressing in their responses.

Heather Forrest commented on the response to Question Number 1, it could be shortened and more precise, and overall noted the opportunity the survey presents to remind members that the Policy Development Process are not only GNSO member targeted.

Action items:

  • Councilors to review draft response that was circulated and send comments to Council list; aim to finalize and send the response to the CCWG-Accountability Co-Chairs before the next Council meeting
  • Staff to contact SG/C chairs to ensure they are clear on the request, and suggest that SG/C responses be sent directly to the CCWG-Accountability Co-Chairs and the relevant rapporteurs

Item 10: COUNCIL DISCUSSION – Selection of GNSO Representatives to the Security, Stability & Resiliency Review Team

James Bladel introduced the topic of the selection of GNSO representatives to the Security, Stability & Resiliency Review Team (SSR RT current applicants) highlighting it was a new selection method the need for overall selection mechanism in order to streamline the process. Susan Kawaguchi and Ed Morris offered to take on this task in Hyderabad and will aim to circulate this to the Council shortly.

Action Items:

  • Susan Kawaguchi and Ed Morris to circulate draft proposed uniform selection criteria and process to Council list by Friday 9 December
  • Council to consider using suggested criteria/process to select GNSO representatives to the SSR-RT2 early in the new year
  • GNSO leadership team to communicate this proposed approach to staff supporting SSR-RT2 as well as other SO/ACs

Item 11: COUNCIL DISCUSSION – Planning for ICANN58

James Bladel outlined the next steps to the planning of the GNSO meetings for ICANN58 noting that a block schedule was going to be sent out as well as a selection process for the High Interest Topics, which ought to decrease in number.

Donna Austin recommended Tony Holmes' idea of having a GNSO block schedule to analyze meeting priorities. Donna Austin also encouraged SGs and Cs to identify topics with the GNSO Council in parallel selecting PDP and/or IRT topics of importance for ICANN58.

Susan Kawaguchi mentioned that European Data Protection Authorities are looking at the Copenhagen meeting as an opportunity to meet and discuss the issues mostly surrounding the Whois but data in general.

Action items:

  • Council to prepare an initial standard GNSO calendar for Meetings A, B and C (showing what the expected, blocked-out GNSO sessions are and allowing time for PDP face to face meetings)
  • Council leadership to take that standardized GNSO calendar into the next SO/AC planning meeting

Item 12: ANY OTHER BUSINESS

2017 Calendar dates for GNSO Council meetings: rotation of two times, and meetings every Thursday.

Heather Forrest expressed support for the time zone rotation and for avoiding scheduling meetings too close together.

Action items:

  • Council leadership to review rotation of Council meetings based on current geographic location of Council members
  • Council to confirm proposed meeting dates and rotating times for GNSO Council meetings during 2017

There were no other items of business.

James Bladel, GNSO Council chair, adjourned the GNSO Council teleconference and thanked everyone for participating.

The meeting was adjourned at 23:08 UTC.

The next GNSO Council Meeting will take place on Thursday 15 December 2016 at 12:00 UTC

For other places see: http://tinyurl.com/jmry4q4