Minutes of the GNSO Council Meeting 4 September 2014

Last Updated: 15 October 2014
Date: 
04 September 2014

Agenda and Documents

The Meeting started at 15:03 UTC:
http://tinyurl.com/k5lubtm

List of attendees: NCA – Non Voting – Jennifer Wolfe
Contracted Parties House
Registrar Stakeholder Group: James Bladel, Volker Greimann, Yoav Keren
gTLD Registries Stakeholder Group: Jonathan Robinson, Bret Fausett, Ching Chiao
Nominating Committee Appointee (NCA): Thomas Rickert
Non-Contracted Parties House
Commercial Stakeholder Group (CSG): Tony Holmes, Osvaldo Novoa, Gabriella Szlak, John Berard, Brian Winterfeldt, Petter Rindforth
Non Commercial Stakeholder Group (NCSG): Klaus Stoll, David Cake, Avri Doria, Amr Elsadr, Maria Farrell, Magaly Pazello – absent, apologies proxy to Amr Elsadr
Nominating Committee Appointee (NCA): Daniel Reed - absent, apologies proxy to Jonathan Robinson

GNSO Council Liaisons/Observers:
Alan Greenberg – ALAC Liaison
Patrick Myles – ccNSO Observer – absent apologies

ICANN Staff
David Olive – VP Policy Development - absent apologies
Marika Konings – Senior Policy Director
Rob Hoggarth – Senior Policy Director
Mary Wong – Senior Policy Director
Julie Hedlund – Director SSAC Support/Policy Director
Steve Chan – Senior Policy Manager
Lars Hoffmann – Policy Analyst
Glen de Saint Géry – GNSO Secretariat
Terri Agnew – GNSO Secretariat
Cory Schruth – Manager, Meetings Technical Services

Guests:
Chris Disspain– ICANN Board member
George Sadowsky – ICANN Board member

MP3 Recording
Adobe Chat Transcript
Transcript

Item 1: Administrative matters (5 mins)

1.1 Roll Call

1.2 Statement of interest updates
https://community.icann.org/display/gnsosoi/Avri+Doria+SOI

1.2 Avri Doria to provide an updated statement of interest noting a secretariat function for PIR's advisory group for .NGO.

1.3 Review/amend agenda

1.3 Ching stepping down ccNSO council nomcom appointee, co-chair needed can be resolved over emails is in AOB

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

Minutes of the GNSO Council meeting 25 June 2014, and 24 July 2014 were posted as approved on 3 September 2014

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

Review of Projects List and Action List.

Expert Working Group
John Berard volunteered to collect the questions for clarification before any policy development process is undertaken

There are two streams:

  • One is clarifying questions

  • Move the process going forward

Petter Rindforth reminded Councillors that it was important to look at the projects and encourage constituency/stakeholder group members to take part in working and discussion groups

Item 3: Consent agenda

  1. Council approved thanking ICANN Contractual Compliance for its presentation of their three-year plan and continued collaboration with the GNSO in future policy development efforts

    AND

  2. Considering the issues identified in the Uniformity of Reporting Final Issue Report to have been addressed and to consider the issue closed.

  3. The Council confirmed the Co-Chairs for the Working Group on Curative Rights Protections for IGO/INGOs (IGO-INGO-CRP) PDP working group, namely Philip Corwin and Petter Rindforth.

The consent agenda items carried by voice vote by those present. 
No abstentions, no votes against and Jonathan Robinson, carrying the proxy for Dan Reed confirmed that he voted in favour.

Item 4: MOTION – A proposed modification of the GNSO's consensus recommendations relating to IGO acronyms and Red Cross identifiers

Jonathan Robinson noted that Thomas Rickert made the motion and provided a brief background.
Council has previously discussed two issues:

  • the processes by which the items under consideration would be referred back to a working group and invoke a new process within the GNSO.
  • the substance of the motion for which there were some proposed amendments and ultimately further clarification sought.

Thomas Rickert previously withdrew the motion so as to give the time required to obtain further clarification and information.

The motion has been resubmitted to this meeting in its original form.

Chris Disspain, a member of the New gTLD Program Committee (NGPC) of the ICANN Board made himself available to the meeting to provide clarification and input. This is summarized here.

The Board, some time ago received advice from the GAC about IGO names and acronyms.

The Board reverted back to the GAC saying that their advice was not implementable but that they would work with the GAC to find ways of implementing it that might be acceptable rather than simply reject it as not implementable.   Currently the New gTLD Program Committee (NGPC) and the GAC have reached a mutual understanding that in relation to IGO acronym protection, the IGOs' initial request for permanent preventative protection (i.e. through reservation or from otherwise being withheld from registration) is not implementable. It is further understood that while the GAC has not formally responded to the NGPC's March 2014 proposal on this topic the NGPC has discussed with the GAC a proposal for initial protection for IGO acronyms through the Trademark Clearinghouse (TMCH), in the form of notices to be provided to an affected IGO after a third party has registered a character string corresponding to the IGO's acronym, with no limitation on the period for which such notices must be provided (i.e. the TMCH notification process would be permanent in the sense that it will continue for the life of the TMCH). As the NGPC noted in its 16 June 2014 letter to the GNSO Council, this differs from the GNSO's recommendation on IGO acronym protection, which limits the notification process to a 90-day period.

It was pointed out that the NGPC was dealing with differences in scope between the advice of the GAC and the GNSO.  The GAC advice, whether on the Red Cross or an IGO acronym, has concentrated on new gTLDs, while the Policy Development Process the GNSO launched dealt with new gTLDs and legacy gTLDs.

Jonathan Robinson summarized by saying that the NGPC wrote, asking the GNSO Council to assist with reconciling the difference between GAC advice and the GNSO policy recommendations. Following the input and clarifications from Chris Disspain and the Council discussion, the GNSO Council is willing to consider the possibility of amending the current GNSO recommendations through the Section 16 process in order to reconcile the inconsistencies between the GNSO's recommendations and GAC advice.

Jonathan Robinson noted that the issue remains open and will continue to be dealt with both by the Policy Development Process on Curative Rights Mechanisms and in dealing with and responding to the NGPC's input.

Jonathan Robinson thanked Chris Disspain for attending the call and for providing useful input and clarifications.

Thomas Rickert withdrew the motion,

Action Item:.

Communicate to the NGPC the GNSO Council's willingness to consider amending specific aspects of the remaining policy recommendations relating to IGO acronyms and certain Red Cross identifiers in accordance with the GNSO's procedures, and seeking the NGPC's confirmation of the Council's understanding of the nature of the amendments that may be made.

Item 5: MOTION – To appoint a GNSO liaison to the GAC

David Cake, proposed the motion amended (amendments in bold) by Jonathan Robinson and seconded by James Bladel to appoint a GNSO Liaison to the Government Advisory Committee

Whereas:

  1. As part of the discussions within ICANN between the GNSO and GAC, on how to facilitate early engagement of the GAC in GNSO policy development activities, the option of appointing a GNSO liaison to the GAC has been proposed as one of the mechanisms to explore.

  2. As such, the GAC-GNSO Consultation Group (CG) on GAC Early Engagement in GNSO policy development activities proposed to implement this option as a one-year pilot program in FY15 (starting 1 July 2014 to 30 June 2015).

  3. This mechanism will be evaluated at the end of FY 15, by both the GNSO Council and the GAC, to determine whether or not to continue in either in the same form or with possible adjustments based on the feedback received.

  4. Following a call for candidates (see http://gnso.icann.org/mailing-lists/archives/council/msg16435.html), five applications were received
    all of which were evaluated by the GNSO Council Leadership based on the criteria outlined in the call for candidates.

  5. Mason Cole was unanimously selected by the GNSO Council Leadership as the preferred candidate.

Resolved:

  1. The GNSO Council hereby appoints Mason Cole to the role of GNSO Liaison to the Governmental Advisory Committee until 30 June 2015.

  2. The GNSO Council Leadership Team will co-ordinate with Mason Cole as well as the GAC-GNSO Consultation Group on next steps and the successful implementation of this new role.

Council approved that councilors who were experiencing connectivity difficulties could vote via the Adobe chat.

The motion carried by voice vote and votes registered in the Adobe chat.

There were no "no" votes and no abstentions and Avri Doria, Maria Farrell, David Cake and Gabriella Szlak all voted in favor via the Adobe Chat. Jonathan Robinson noted that he voted in favor and voted Dan Reed's proxy in favor and Amr Elsadr who held the proxy for Magaly Pazello noted that he voted in favour in both cases.

Item 6: MOTION – Adoption of the charter for a cross community working group to develop a transition proposal for IANA stewardship on naming related functions

Alan Greenberg noted in the chat that the ALAC is also voting on a proposed amendment with would add at the end of the SCOPE:

«Issues related to ensuring IANA's viability and effectiveness, are also within scope of the CWG. Such issues could include, but are not limited to: Changing structure or the lack thereof and languages that IANA can function in."

Notice of the amendment should have been sent to the Drafting Team and the other AC/SO chairs.

It was made clear that the amendment was not intended to hold up the process and it was suggested that when the ALAC approves the amendment, the Council, at another meeting could vote on the amendment.

It was clarified that the Council would vote on the original charter and the same version that the ccNSO had voted on. As a separate issue, a proposed amendment may be made, but if the ALAC adopts the charter it would also be operating under the original version currently before the Council for a vote. There is not a different charter.

Avri Doria, seconded by Amr Elsadr, proposed a motion to adopt the Charter for a Cross Community Working Group to Develop an IANA Stewardship Transition Proposal on Naming Related Functions

Whereas,

  1. The National Telecommunications and Information Administration (NTIA) has requested that ICANN "convene a multistakeholder process to develop a plan to transition the U.S. government stewardship role" with regard to the IANA Functions and related root zone management.

  2. On June 6 2014, ICANN proposed the creation of an IANA Stewardship Transition Coordination Group (ICG) "responsible for preparing a transition proposal reflecting the differing needs of the various affected parties of the IANA functions."

  3. It was determined that the transition proposal should be developed within the directly affected communities (i.e. the IETF for development of standards for Internet Protocol Parameters; the NRO, the ASO, and the RIRs for functions related the management and distribution of numbering resources; and the GNSO and ccNSO for functions related to the Domain Name System). These efforts would inform the work of the ICG, whose responsibility would be to fashion an overall integrated transition proposal from these autonomously developed components.

  4. Following distribution of an invitation to participate, a drafting team (DT) was formed with participants from the ccNSO, GNSO, SSAC and ALAC to develop a charter for a Cross Community Working Group to Develop an IANA Stewardship Transition Proposal on Naming Related Functions.

  5. The DT delivered the proposed charter for consideration to the ccNSO, GNSO, SSACC and ALAC

Resolved,

  1. The GNSO Council approves the Charter and appoints Jonathan Robinson as the GNSO Council liaison and member to the CWG.

  2. Each GNSO Stakeholder Group will identify one member for the CWG by 15 September taking into account the charter requirement that best efforts should be made to ensure that members:

    • Have sufficient expertise to participate in the applicable subject matter;

    • Commit to actively participate in the activities of the CWG on an ongoing and long-term basis; and

    • Where appropriate, solicit and communicate the views and concerns of individuals in the organization that appoints them.

  3. The GNSO will collaborate with the other SOs and ACs to issue a call for observers to join the CWG, each in accordance with its own rules.

  4. Until the CWG selects its co-chairs for the CWG, the GNSO Council recommends that the co-chairs of the Drafting Team shall serve as the interim co-chairs of the CWG.

The motion carried by voice vote.

There were no "no" votes and no abstentions and Osvaldo Novoa voted in favor via the Adobe Chat. Jonathan Robinson noted that he voted in favor and voted Dan Reed's proxy in favor and Amr Elsadr who held the proxy for Magaly Pazello noted that he voted in favour in both cases.

Action Item:
Alan Greenberg
to communicate clearly with the ALAC that the GNSO has voted on the charter as it stands and the vote on the amendment is for another meeting.

Item 7: DISCUSSION – The report of the ICANN Board Working Group on the Nominating Committee

Staff provided Council with an overview of the Board Working Group on Nominating Committee (BWG‐NomCom) report.

George Sadowsky provided the history of the Nominating Committee. Lengthy discussions and questions followed which can be found here.

Jonathan Robinson thanked George Sadowsky for being available to interact with the GNSO Council.

Action Item:
A session at the LA meeting was suggested to pick up on the questions posed.

Item 8: DISCUSSION – The draft charter from for a cross community working group on internet governance

In the interest of time the item was referred to the mailing list for discussion.

Item 9: UPDATE – On the work of the GNSO Review Working Party

In the interest of time the item was referred to the mailing list for discussion.

Item 10: Procedure to elect the GNSO Council Chair

Jonathan Robinson informed the Council that he was willing to stand again and makes himself available for another term in the position of GNSO Council chair.

There were no comments on the election procedure, no abstentions and no votes against.

Council approved the Election Procedure and proposed time table for the GNSO Council chair elections.

Action Item:
Close Nominations 19 September 2014 at 23:59 UTC
Candidate statement due 3 October nlt 23:59 UTC

Item 11: UPDATE & DISCUSSION – Planning for LA

In the interest of time the item was referred to the mailing list for discussion.

Item 12: Any Other Business

12.1 CCWG on Country and Territory Names - Vacant Co-Chair seat

In the interest of time this item will be discussed on the mailing list.

Bret Fausett suggested have a standing item on future GNSO Council agendas to provide regular updates from the New gTLD discussion group.

Jonathan Robinson reminded the Council that any councilor is welcome to propose items for consideration on any meeting agenda.

Jonathan Robinson adjourned the GNSO Council meeting and thanked everyone for their participation.

The meeting was adjourned at 17:06 UTC.

The next GNSO Council meeting will take place on Thursday, 25 September 2014 at 18:00 UTC.

See: Calendar
http://tinyurl.com/qek29ro