GNSO Council Meeting Minutes 8 October 2009

Last Updated: 27 November 2009
Date: 
08 November 2009

Proposed agenda and documents

List of attendees:
Philip Sheppard - Commercial & Business Users C- joined call after roll call
Mike Rodenbaugh - Commercial & Business Users C - absent
Zahid Jamil - Commercial & Business Users C
Maggie Mansourkia - ISCPC
Antonio Harris - ISCPC -absent - apologies
Tony Holmes - ISCPC
Stéphane van Gelder - Registrar C.
Tim Ruiz - Registrar C. - absent - apologies
Adrian Kinderis - Registrars C. - absent, apologies
Chuck Gomes - gTLD registries C.
Edmon Chung - gTLD registries C.
Jordi Iparraguirre - gTLD registries C.
Kristina Rosette - Intellectual Property Interests C
Ute Decker - Intellectual Property Interests C - absent
Cyril Chua - Intellectual Property Interests C - absent
Mary Wong - NCUC
William Drake - NCUC
Carlos Souza - NCUC
Olga Cavalli- Nominating Committee appointee
Terry Davis - Nominating Committee appointee - absent, apologies
Avri Doria - Nominating Committee appointee

14 Council Members
( 18 Votes - quorum)

ICANN Staff
Denise Michel - Vice President Policy Development
Robert Hoggarth - Senior Policy Director
Liz Gasster - Senior Policy Counselor
Marika Konings - Policy Director
Margie Milam - Policy Director
Julie Hedlund - Policy Staff
Glen de Saint Gry - GNSO Secretariat

GNSO Council Liaisons/Observers
Alan Greenberg - ALAC Liaison
Mr Han Chun Lee - ccNSO observer

Rita Rodin - ICANN Board member - absent - apologies
Bruce Tonkin - ICANN Board member - absent apologies

Invited incoming Council members:

David Taylor - IPC
Andrei Kolesnikov - NCA
Rafik Dammak - Non Commercial Stakeholder Group Board Appointee
Debra Hughes - Non Commercial Stakeholder Group Board Appointee
Rosemary Sinclair - Non Commercial Stakeholder Group Board Appointee

MP3 Recording

Roll Call.

Avri Doria welcomed the incoming Councilors as observers on the call and invited them to ask questions or comment at the end of the call.

Item 1: Update any Statements of Interest

Zahid Jamil updated statement of interest

Item 2: Review/amend the agenda

Item 7 .1 Board Update by Denise Michel moved to first item

Item 7.1 Board Update

Denise Michel referred to the Board update provided to the Council mailing list:
http://gnso.icann.org/mailing-lists/archives/council/msg07562.html

Denise Michel stated the Board members were still in the process of refining a letter of request to the GNSO Council for input on two specific trademark issues, the clearing house and the Uniform Rapid Suspension System.

Kristina Rosette referred an email to the Council list with the following questions:

1. If the Board has sent the GNSO Council a letter that provides any further information, detail, instruction, or the like on this consultation, would someone please post that letter to this list?

2. If the Board has not yet sent such letter, does it still intend to do so

3. If the Board doe not intend to send such a letter, will it provide guidance /clarification to the GNSO as to:

i) How will consensus be measured? A Council vote? Number of public comments? Number of signatories to public comments? Other (and, if so, what)?

ii) What constitutes "consensus"? Unanimity? If not, what?

iii) What is the default? In other words, what action will the Board take if the GNSO is unable to reach consensus?

4. If the Board will not/does not intend to provide guidance/clarifications on the points noted in 3(i)-(iii), who makes those decisions?

Denise Michel noted that if the GNSO is not able to provide the Board with consensus on the two issues, majority or minority views and any other guidance from the GNSO will be taken into account.

Item 3: Approve GNSO Council minutes 24 September 2009.

Stéphane van Gelder, seconded by Chuck Gomes, moved the adoption of the GNSO Council minutes of 24 September 2009.

The motion passed.

Tony Holmes abstained because he was absent from the meeting.

Item 5: Transition / Restructuring issues

a. NCA Assignments

The Council approved a transition plan at its meeting on 24 September 2004
http://gnso.icann.org/meetings/minutes-council-24sep09.htm

10. The Council requests that the Nominating Committee be tasked with assigning all three Nominating Committee Appointees (NCAs) to Council seats beginning after the 2010 ICANN Annual Meeting. For the period starting on 28 October 2009 and continuing only through the 2010 ICANN Annual Meeting, the following procedure will be used to assign NCAs to Council seats:

  • a. ICANN Staff should ensure that a Statement of Interest is received from Andrei Kolesnikov and sent to the Council not later than 30 September 2009.
  • b. Not later than 30 September 2009, new and existing NCAs will make best efforts to collaborate and provide their input to the GNSO Council regarding their recommendations for assigning NCA Council seats. Such input should include any seating assignments that any of the NCAs would individually be uncomfortable taking along with their reasons.
  • c. Taking into consideration the input from the NCAs, if any, both GNSO Council Houses and/or their respective Stakeholder Groups should attempt to reach agreement on the seating for each of the three NCAs for the first year of the new bicameral Council and communicate the results to the Council not later than 7 October 2009.
  • d. If the GNSO Council Houses and/or their respective Stakeholder Groups are unable to reach agreement, then the new,
    inexperienced NCA will take the non-voting Council seat and random selection will be used to assign the other two NCAs to
    Houses before the Council meeting on 8 October 2009.
  • e. In the meeting scheduled for 8 October 2009, the Council will acknowledge the results of this process and confirm that
    it was properly conducted.

The Nominating Committee Appointees met and expressed the following seating preferences:

  • Terry Davis - non contracted party house
  • Andrei Kolesnikov - contracted party house
  • Olga Cavalli - any of the seats.

    but the stakeholder groups, in their deliberations to seat the NCA's are not bound by the preferences expressed.

In the absence of agreement in the houses and among the stakeholder groups before the meeting 8 October 2009, a random selection was used and the final results assigned:

  • Terry Davis to the Contracted party house
  • Olga Cavalli to the Non Contracted party house
  • Andrei Kolesnikov to the non-voting Council seat.

The outcome, resorting to the final step set out in the process was not accepted by all the Councilors.
Among the views expressed were that the process should be revisited, that the preference of the NCA's should be respected and concern was expressed that it would not be wise to expose an NCA, associated with the ccNSO and ccTLDs, to a potential conflict of interest position in the contracted party house.

Avri Doria expressed strong objection to the Council not accepting the outcome of the process the group decided on as recorded in the 24 September 2009 Council minutes, to the stakeholder groups not having accepted the Nominating Committee Appointees' (NCA's) recommendation and was of the view that 'it was a bad start and made a very strange impression on the new members'.

For the Council not to endorse the random process and come to a consensus position in the meeting is acceptable. However, rerunning the lottery because the outcome is not liked is problematic.

Andrei Kolesnikov thanked the Council for allowing him to comment and clarified that he is engaged in operations that correspond to the commercial nature of a gTLD rather than a ccTLD and sees no conflict of interest but rather a way of building a bridge to resolve critical issues between the two groups.

Action Item:

The Council agreed to try and reach full Stakeholder Group consensus on another acceptable solution to the lottery within one week working on the email list, or if needed by special teleconference. Each stakeholder group identified a primary point of contact:

  • Commercial Stakeholder group: Kristina Rosette
  • Non Commercial Stakeholder group: Bill Drake
  • Registry stakeholder group: David Maher with Chuck Gomes as Council coordinator
  • Registrar stakeholder group: Mason Cole with Stéphane van Gelder as Council coordinator

b. Informal Chair selection process

Avri Doria clarified that the two part nomination process was in keeping with the new Council processes that discussion takes place and motions are made on a council-wide basis and decisions are made on a house basis. One nomination has been received to date.

c. Public Comment period ends on 16 October for Council Operating Procedures

Staff will endeavor to produce the summary analysis document as soon as possible after the conclusion of the 21-day comment forum. How quickly that is accomplished will depend on how many submissions are made to the forum."

What process will be used to finalize procedures?

Comments will be discussed during the Council meeting in Seoul on 28 October, and if there are any changes to be made, the amendments will be voted on before the vote is taken on the complete Council Operating Procedures.

Avri Doria reminded Council that one chair nomination from each House is due by 21 October 2009.

Avri Doria reminded Council that the Vice chair nominations in Houses are due by 23 October and elections by 27 October 2009.

The Secretariat reported that all Councillors in the new Council have been identified except for the ISPCP constituency's representatives because their elections are currently still under way.

g. Other Restructuring Issues

The Stakeholder group charters have undergone minor modifications that will allow the Board at the Seoul meeting to acknowledge that minimum changes have been made to bring the various structures in line with the Board Governance recommendations. After Seoul there will be more substantive discussions to bring the charters in line with the recommendations that the Constituency Operations work team is developing.

7. 2. 1. Prospective GNSO-SSAC work

Julie Hedlund reported that the Security and Stability Advisory Committee (SSAC) and the Generic Names Supporting Organization (GNSO) are convening an Internationalized Registration Data Working Group (IRD WG) that will be comprised of individuals with knowledge, expertise, and experience in these areas to study the feasibility and suitability of introducing display specifications to deal with the internationalization of Registration Data. Participation is open to all and there is no limit to the number of volunteers.

7. 2. 2. RAA with ALAC

Avri Doria reported that the Registration Accreditation Agreement (RAA) Group had met and it was agreed that it would split into two sub-teams, one focusing on a Registrant Rights Charter coordinated by Beau Brendler and the second focusing on identifying issues for possible RAA amendments coordinated by Steve Metalitz.

7. 2. 3. Advisory Committees/Supporting Organisations (ACSO) topic

Avri Doria reported that the meeting in Seoul had been cancelled.

Item 8: Questions from observers
No comments

Item 9 AOB

The Secretariat noted the suggestion that the GNSO wrap-up session on Thursday, 29 October 2009 in Seoul, be used to discuss the request from the ICANN Board to the GNSO for input on two specific issues related to new gTLDs.

Avri Doria adjourned the GNSO Council meeting and thanked everyone for their participation. The meeting ended at 14:37 UTC.

Next GNSO Council meeting will be on 28 October 2009 in Seoul at 08:00 local time (Tuesday 27 October 23:00 UTC).
See: Calendar