Minutes GNSO Council Meeting 15 November 2012

Last Updated: 04 December 2012
Date: 
15 November 2012

Agenda and Documents

The meeting started at 11:00UTC.
http://tinyurl.com/8swe78k

List of attendees: NCA – Non Voting – Jennifer Wolfe

Contracted Parties House
Registrar Stakeholder Group: Mason Cole, Yoav Keren, Volker Greimann
gTLD Registries Stakeholder Group: Jeff Neuman, Jonathan Robinson, Ching
Chiao- absent, apologies, proxy to Jeff Neuman
Nominating Committee Appointee (NCA): Thomas Rickert

Non-Contracted Parties House
Commercial Stakeholder Group (CSG): Wolf-Ulrich Knoben, Zahid Jamil proxy vote for John Berard - absent, apologies, Osvaldo Novoa, Brian Winterfeldt, Petter Rindforth
Non Commercial Stakeholder Group (NCSG): Maria Farrell, Magaly Pazello,Wendy Seltzer, Joy Liddicoat (on Adobe Connect only), David Cake, Wolfgang Kleinwächter – absent, apologies – no proxy
Nominating Committee Appointee (NCA): Lanre Ajayi

GNSO Council Liaisons/Observers:
Alan Greenberg – ALAC Liaison
Han Chuan Lee – ccNSO Observer  - absent

ICANN Staff
David Olive - VP Policy Development
Rob Hoggarth - Senior Policy Director
Margie Milam - Senior Policy Counselor
Marika Konings - Senior Policy Director
Barbara Roseman – Policy Director
Brian Peck – Policy Director
Berry Cobb – Policy consultant
Glen de Saint Géry - GNSO Secretariat
Eric Evrard – Systems Engineer

MP3 Recording
Adobe Chat Transcript
Transcript

Item 1: Administrative matters

1.1 Roll Call
1.2 Statement of interest updates
No updates noted
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 17 October 2012 were approved on 15 November 2012. The minutes of the New GNSO Council meeting 17 October 2012 were approved on 16 November 2012.

1.5. GNSO Pending Projects List
http://gnso.icann.org/meetings/pending-projects-list.pdf

Action Item:

Constituencies and Stakeholder groups should check whether there is adequate distribution of members on the current working groups and drafting teams.

Item 2: Introductory Remarks from New Chair

Jonathan Robinson in his introductory remarks , welcomed the new councillors and looked forward to a new season for ICANN and the GNSO Council.  He mentioned the induction call and encouraged the new councillors who were not able to attend the call to refer to the transcript and MP3 recording .

Key areas of importance are:

  • Effective working together as a Council
  • Effective external focus, working together with the other Supporting Organisations and Advisory Committees, including the Staff
  • Workload management
  • The ambition is to be seen as a productive, effective, and respected Council.

Wolf-Ulrich Knoben emphasized the role of the vice chairs as one of representing the Council as a whole and not necessarily representative of a particular House

Item 3: Consent agenda
The Council approved that the IRTP Part C GNSO Council Recommendations Report prepared by Staff to be sent to the ICANN Board for approval.

Action Item: Policy Staff to send the report to the ICANN Board.

Item 4: MOTION - RAP recommendation on Uniformity of Contracts to Address Registration Abuse (10 minutes)

Jonathan Robinson reminded Council that the motion was withdrawn at the Toronto meeting for lack of a seconder and that he had resubmitted the motion for this meeting.

Jonathan Robinson, seconded by Zahid Jamil proposed a motion on the initiation of a Policy Development Process on the Uniformity of Contracts to address Registration Abuse

WHEREAS:

The Registration Abuse Policies Working Group (RAPWG) recommended in its Final Report 'the creation of an Issues Report to evaluate whether a minimum baseline of registration abuse

provisions should be created for all in-scope ICANN agreements, and if created, how such language would be structured to address the most common forms of registration abuse';

The GNSO Council requested an Issue Report to evaluate whether a minimum baseline of registration abuse provisions should be created for all in scope ICANN agreements, and if created, how such language would be structured to address the most common forms of registration abuse on 6 October 2011;

ICANN Staff posted the Preliminary Issue Report on Uniformity of Contracts on 25 July 2012 for public comment (see http://www.icann.org/en/news/public-comment/uoc-prelim-issue-report-25jul12-en.htm);

ICANN Staff reviewed the comments received and updated the report accordingly;

The Final Issue Report on Uniformity of Contracts was published on 20 September 2012;

The Final Issue Report recommends that the GNSO Council proceed with a Policy Development Process limited to consideration of the issues discussed in this report, and the General Counsel of ICANN has indicated the topic is properly within the scope of the ICANN policy process and within the scope of the GNSO.

THEREFORE BE IT RESOLVED THAT:

The GNSO will initiate a Policy development Process PDP on the issues defined in the Final Issue Report on Uniformity of Contracts

A Drafting Team will be formed to create a charter for a Working Group, which will be submitted to the GNSO Council for its approval.

Following the approval of the charter, a Working Group will be created for the purpose of fulfilling the requirements of the PDP."

The motion failed.
Voting results:
Contracted Parties House: 7 votes against.
Non Contracted Parties House: 7 votes in favour, 5 votes against, 1 absent.
(PDP threshold: 1/3rd of each house, or 2/3 of one house).

Item 5: MOTION – Second Level Protections for certain IOC / RCRC names in the first round of New GTLDs

Jeff Neuman, seconded by Zahid Jamil proposed a motion to recommend protections in the first round of new gTLDS for certain Red Cross/Red Crescent (RCRC) and International Olympic Committee   (IOC) names.

WHEREAS:

The Board Resolution 2011.06.20.01, authorized "the President and CEO to implement the new gTLD program which includes . . . incorporation of text concerning protection for specific requested Red Cross and IOC names for the top level only during the initial application round, until the GNSO and GAC develop policy advice based on the global public interest, . . ." (http://www.icann.org/en/groups/board/documents/resolutions-20jun11-en.htm)

The IOC/RC Drafting Team established [Date] by the GNSO Council has considered a number of different options with respect to protections of both the IOC and the RCRC terms in response to the GAC proposal to provide permanent protection for such terms including at the second level in new gTLDS;

The solution proposed by the IOC/RC Drafting Team, to initiate a PDP and to provide temporary reservation of the exact match IOC/RC names, was posted for public comment on 28 September 2012 and closed on 9 November 2012;

The GNSO has now [Date] initiated a policy development process (PDP) to evaluate possible protections for certain international organization names in all gTLDs, including, specifically, whether to recommend policies to protect IOC/RCRC names; and

Therefore, the IOC/RC Drafting Team recommends that the GNSO Council recommend to the Board that it adopt the second recommendation of the IOC/RC Drafting Team, providing for temporary reservation of the exact match IOC/RC names,  prior to the delegation of the first round of new gTLDs.

NOW THEREFORE, BE IT RESOLVED:

That the GNSO Council adopts the IOC/RC Drafting Team's recommendation to temporarily reserve the exact match of IOC and RCRC second level domain names listed in Section 2.2.1.2.3 of the Applicant Guidebook and per the GAC recommendation of 14 September 2011pending the outcome of the recently launched policy development process involving International Governmental and Non-governmental Organizations.

That the GNSO Council thanks the members of the IOC/RC Drafting Team for their efforts in producing these recommendations, and hereby disbands the IOC/RC Drafting Team; and

That the Chair of the GNSO Council is authorized to forward these recommendations to the ICANN Board.

Councillors were reminded at the end of the vote and prior to recording the final tally that abstentions would (a) be counted as votes against, 'No' votes and (b) that is was convention to provide a reason for an abstention.

Both IPC Councillors initially abstained.

Brian Winterfeldt gave the reason for his abstention:

"The American Red Cross is actually my client which is stated in my statement of interest which is why I abstained. And I believe that Petter may not have wanted to abstain because it's not an IPC position or conflict. It's just a personal one for me."

Petter Rindforth then changed his vote to yes. 

The motion failed. 

The voting results:

http://gnso.icann.org/en/council/gnso-council-voting-igo-ingo-15nov12-en.pdf
(Standard threshold: simple majority of each house).

Note:

Later in the call (12:39 UTC) Brian Winterfeldt sought clarification on whether he was required to abstain due to his perceived conflict.  When it was confirmed that he was not required to abstain, he asked to change his vote from an abstention and, it is understood, vote as directed by his constituency, in favor of the motion

There were procedural based objections from councillors to re-opening the vote and, by this time, two of the councilors had already left the meeting.

The chair indicated that he believed it would not be appropriate to reopen the vote, but that the motion could be resubmitted for the next GNSO Council meeting in light of this misunderstanding.

The motion would have passed had Brian Winterfeldt not abstained and voted in the affirmative (as he later tried to do).  Brian Winterfeldt indicated that he will submit the motion for consideration at the next GNSO Council meeting.  

Item 6: MOTION: Approval of International Governmental Organisations – International Non Governmental Organisations (IGO-INGO) Protection Policy Development Process (PDP)  working group  (WG) Charter

Lanre Ajayi, seconded by Thomas Rickert, proposed a motion to approve the Charter for the IGO-INGO Protection PDP Working Group

Whereas
On 17 October 2012 the GNSO Council initiated a Policy Development Process (PDP) on the protection of certain IGO and INGO names in all gTLDs, 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 GNSO Council has reviewed the charter submitted by the drafting team.
NOW THEREFORE, BE IT RESOLVED,
The GNSO Council approves the charter and appoints [Name] as the GNSO Council Liaison to the IGO-INGO Protection PDP Working Group.
The GNSO Council further directs that the work of IGO-INGO Protection PDP Working Group be initiated no later then 14 days after the approval of this motion. Until such time as the WG can select a chair and that chair can be confirmed by the GNSO Council, the GNSO Council Liaison shall act as interim chair.

Charter http://gnso.icann.org/en/issues/igo-ingo-charter-07nov12-en.pdf

The motion carried unanimously by roll call vote.

The voting results:
http://gnso.icann.org/en/council/gnso-council-voting-igo-ingo-charter-15nov12-en.pdf

Item 7: UPDATE - Accountability and Transparency Review Team (ATRT) Selection Process and Timeline Discussion

Wolf-Ulrich Knoben provided an update to Council referring to the process for the endorsement of nominees the Council approved for the previous review.

Action Item:
Wolf-Ulrich Knoben
volunteered to draft a letter to the Accountability and Transparency Review Team (ATRT) selectors, Steve Crocker Chair of the ICANN Board and Heather Dryden Chair of the Government Advisory Committee setting out the process that Council used previously for selecting applicants. The letter will be posted on the Council mailing list for comments before being submitted.

Item 8: UPDATE - Consumer Trust

Berry Cobb advised Council that following the withdrawal of the motion to approve the Advice Letter at the Toronto meeting, the working group has reconvened and is working on an updated Advice Letter which will be submitted to the Council in December 2012.

Item 9: UPDATE - Uniform Rapid Suspension (URS)

Referring to Olof Nordling's letter , noting the deadline for responses to the URS RFI is 20 November 2012,  volunteers who have indicated interest in this area should keep current with the issue. It was noted that because people are on standby, it should not be assumed that there will be changes to the Policy.

Jonathan Robinson stated, in an update to a prior indication that he may participate in a response to the ICANN requested RFI (from prospective URS providers), that he now does not expect to participate in any response to the ICANN requested RFI.

Item 10: UPDATE - Whois Review Team Final Report Recommendations.

David Olive and Margie Milam provided a brief overview of the recent Board action on the WHOIS Review Team Final Report Recommendations. They noted that:

  • The Board is calling for a new approach to directory services, which impacts all aspects of WHOIS, including policies, contracts (Registrar and Registry), and the protocol itself
  • The Board resolution takes into account the comments of SSAC, GAC, ALAC and the GNSO, and is calling for work to examine the purpose of WHOIS, and the development of a straw-man model for managing gTLD registration data to be developed by an expert group to be convened by the CEO
  • This work directly involves the GNSO through the request for an issue report as part of a Board initiated expedited GNSO process to evaluate consensus policies on the purpose of collecting, maintaining, gaining access to and using gTLD registration data, and related privacy data access and accuracy issues.
  • It is expected that the work from the expert group would inform the Issue Report and the PDP.
  • Staff committed to schedule a webinar and gather further information on the ICANN Board discussions regarding the Whois Review Team recommendations after the holidays.

Item 11: UPDATE - Defensive Registrations Discussion
In the interest of time this item is deferred to the next Council meeting on 20 December 2012.

Item 12: INFORMATION - GNSO Council Review and SIC Update
In the interest of time this item is deferred to the next Council meeting on 20 December 2012.

Item 13: Any Other Business
13.1 Liaison to ccNSO to replace Rafik Dammak
No one volunteered at the meeting.
Action Item:
A call for volunteers for liaison to ccNSO to replace Rafik Dammak will be sent to the Council mailing list.

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

The meeting was adjourned at 13:00 UTC.

The next GNSO Council meeting will take place on Thursday, 20 December 2012 at 15:00 UTC.
See: Calendar
http://tinyurl.com/bexlfxg