GNSO Council Public Meeting in Singapore Minutes 22 June 2011

Last Updated: 06 July 2011
Date: 
02 June 2011

Agenda and documents

The meeting started at 14:00 local time 06:00 UTC.

List of attendees:

NCA – Non Voting – Carlos Dionisio Aguirre

Contracted Parties House
Registrar Stakeholder Group: Tim Ruiz, Stéphane van Gelder, Adrian Kinderis
gTLD Registries Stakeholder Group: Jeff Neuman, Jonathan Robinson, Ching Chiao
Nominating Committee Appointee (NCA): Andrei Kolesnikov

Non-Contracted Parties House
Commercial Stakeholder Group (CSG): Jaime Wagner, Zahid Jamil, Wolf-Ulrich Knoben, John Berard, Kristina Rosette, David Taylor.
Non Commercial Stakeholder Group (NCSG): Debra Hughes, Wendy Seltzer, Rafik Dammak, Bill Drake, Rosemary Sinclair, Mary Wong
Nominating Committee Appointee (NCA): Olga Cavalli

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

ICANN Staff
David Olive – VP Policy Development
Liz Gasster – Senior Policy Counselor
Julie Hedlund – Policy Director
Rob Hoggarth – Senior Policy Director
Margie Milam – Senior Policy Counselor
Marika Konings – Senior Policy Director
Glen de Saint Géry – GNSO Secretariat

Meeting presentations and recordings
http://singapore41.icann.org/node/24585

Meeting Transcription

Item 1: Administrative Items

1.1 Roll call of Council members and update of Statements of Interest
No Statements of Interest updates

1.2 Review/amend the agenda

Request to start with Items 3, 4, and 5

1.3.The GNSO Council
9 June minutes were approved on 22 June 2011

Item 2: Pending Projects – Uniform Dispute Resolution Policy

Margie Milam provided an update to the Council on the Uniform Dispute Resolution Policy
http://singapore41.icann.org/meetings/singapore2011/presentation-current-state-udrp-gnso-overview-22jun11-en.pdf

Council discussed the presentation and heard comments from the audience.

Refer to Pending Projects list
http://gnso.icann.org/meetings/pending-projects-list.pdf

Stéphane Van Gelder drew the Council's attention to the changes to the Pending Projects List since 9 June 2011 Council meeting.

  • GNSO activities: 9 (8 –Policy Process Stering Committee (PPSC) removed, Synthesis of WHOIS requirements and drafting team on Community Working Groups (CWGs) added).
  • Other activities: 7 (9 – Synthesis of WHOIS requirements moved to "GNSO activities", GNSO constitutes reconfirmations removed).
  • Joint Supporting Organisations/Advisory Committees (SO/AC) Working Groups (WGs): 7 (7 – no change).
  • Outstanding recommendations: 1 (1 – no change).

Item 3: Inter-Registrar Transfer Policy Part B Working Group

Marika Konings provided a brief update to the Council on the Final Report on the Inter-Registrar Transfer Policy – Part B Policy Development Process
http://gnso.icann.org/issues/transfers/council-briefing-irtp-b-14jun11-en.pdf

Tim Ruiz, seconded by Jonathan Robinson proposed a motion that was amended by Adrian Kinderis and Kristina Rosette on the adoption of the IRTP Part B Final Report and Recommendations

(Each resolved clause required a different voting threshold and was voted on separately.)

WHEREAS on 24 June 2009, the GNSO Council launched a Policy Development Process (PDP) on IRTP Part B addressing the following five charter questions:

  1. Whether a process for urgent return/resolution of a domain name should be developed, as discussed within the SSAC hijacking report
    (http://www.icann.org/announcements/hijacking-report-12jul05.pdf); see also (http://www.icann.org/correspondence/cole-to-tonkin-14mar05.htm);
  2. Whether additional provisions on undoing inappropriate transfers are needed, especially with regard to disputes between a Registrant and Admin Contact (AC). The policy is clear that the Registrant can overrule the AC, but how this is implemented is currently at the discretion of the registrar;
  3. Whether special provisions are needed for a change of registrant when it occurs near the time of a change of registrar. The policy does not currently deal with change of registrant, which often figures in hijacking cases;
  4. Whether standards or best practices should be implemented regarding use of a Registrar Lock status (e.g. when it may/may not, should/should not be applied);
  5. Whether, and if so, how best to clarify denial reason #7: A domain name was already in 'lock status' provided that the Registrar provides a readily
    accessible and reasonable means for the Registered Name Holder to remove the lock status.

WHEREAS this PDP has followed the prescribed PDP steps as stated in the Bylaws, resulting in a Final Report delivered on 30 May 2011;

WHEREAS the IRTP Part B WG has reached full consensus on the recommendations in relation to each of the five issues outlined above;

WHEREAS the GNSO Council has reviewed and discussed these recommendations.

Resolved

RESOLVED (A), the GNSO Council recommends to the ICANN Board of Directors:

  1. Requiring Registrars to provide a Transfer Emergency Action Contact (TEAC). To this end the language of section 4 (Registrar Coordination) and Section 6 (Registry Requirements of the Inter-Registrar Transfer Policy should be updated as follows:
    Transfer Emergency Action Contact (Append to Section 4)
    Registrars will establish a Transfer Emergency Action Contact (TEAC) for urgent communications relating to transfers. The goal of the TEAC is to quickly establish a real-time conversation between registrars (in a language that both parties can understand) in an emergency. Further actions can then be taken towards a resolution, including initiating existing (or future) transfer dispute or undo processes.
    Communications to TEACs will be reserved for use by ICANN-Accredited Registrars, gTLD Registry Operators and ICANN Staff. The TEAC point of contact may be designated as a telephone number or some other real-time communication channel and will be recorded in, and protected by, the ICANN RADAR system.
    Communications to a TEAC must be initiated in a timely manner, within a reasonable period of time following the alleged unauthorized loss of a domain.
    Messages sent via the TEAC communication channel must generate a non-automated response by a human representative of the gaining Registrar. The person or team responding must be capable and authorized to investigate and address urgent transfer issues. Responses are required within 4 hours of the initial request, although final resolution of the incident may take longer.
    The losing registrar will report failures to respond to a TEAC communication to ICANN Compliance and the registry operator. Failure to respond to a TEAC communication may result in a transfer-undo in accordance with Section 6 of this policy and may also result in further action by ICANN, up to and including non-renewal or termination of accreditation.
    Both parties will retain correspondence in written or electronic form of any TEAC communication and responses, and share copies of this documentation with ICANN and the registry operator upon request. This documentation will be retained in accordance with Section 3.4 of the Registrar Accreditation Agreement (RAA). Users of the TEAC communication channel should report non-responsive Registrars to ICANN. Additionally, ICANN may conduct periodic tests of the Registrar TEAC communication channel in situations and a manner deemed appropriate to ensure that registrars are indeed responding to TEAC messages.
    (Append to Section 6) 6 iv. Documentation provided by the Registrar of Record prior to transfer that the Gaining Registrar has not responded to a message via the TEAC within the timeframe specified in Section 4.
    In addition, update section 6 to reflect that the registry, in case of a transfer undo, will reverse the transfer and reset the registrar of record filed to its original state (‘In such case, the transfer will be reversed and the Registrar of Record field reset to its original state'). (IRTP Part B Recommendation #1)

  2. Modifying section 3 of the IRTP to require that the Registrar of Record/Losing Registrar be required to notify the Registered Name Holder/Registrant of the transfer out. The Registrar of Record has access to the contact information for the Registrant and could modify their systems to automatically send out the Standardized Form for Losing Registrars ("Confirmation FOA") to the Registrant. (IRTP Part B Recommendation #5)

  3. Modifying Reason for Denial #6 as follows: Express objection to the transfer by the authorized Transfer Contact. Objection could take the form of specific request (either by paper or electronic means) by the authorized Transfer Contact to deny a particular transfer request, or a general objection to all transfer requests received by the Registrar, either temporarily or indefinitely. In all cases, the objection must be provided with the express and informed consent of the authorized Transfer Contact on an opt-in basis and upon request by the authorized Transfer Contact, the Registrar must remove the lock or provide a reasonably accessible method for the authorized Transfer Contact to remove the lock within five (5) calendar days. (IRTP Part B Recommendation #6)

  4. Deleting denial reason #7 as a valid reason for denial under section 3 of the IRTP as it is technically not possible to initiate a transfer for a domain name that is locked, and hence cannot be denied, making this denial reason obsolete. (IRTP Part B Recommendation #9 – part 1)

The motion carried unanimously.

RESOLVED (B), the GNSO Council recommends the promotion by ALAC and other ICANN structures of the measures outlined in the recent report of the Security and Stability Advisory Committee on A Registrant's Guide to Protecting Domain Name Registration Accounts (SAC 044). In particular, the GNSO Council recommends that registrants consider the measures to protect domain registrar accounts against compromise and misuse described in SAC044, Section 5. These include practical measures that registrants can implement "in house", such as ways to protect account credentials and how to incorporate domain name registrations into employee or resource management programs typically found in medium and large businesses. It suggests ways that registrants can use renewal and change notifications from registrars as part of an early warning or alerting system for possible account compromise. The GNSO Council Chair will reach out to the ALAC and other ICANN structures to inform them of this recommendation and discuss how the GNSO may contribute to this promotion. (IRTP Part B Recommendation #2)

The motion carried unanimously.

RESOLVED (C), the GNSO Council acknowledges receipt of IRTP Part B Recommendation #7 and will consider this recommendation when it considers the Final Issue Report on the Current State of the UDRP.

The motion carried unanimously.

RESOLVED (D), prior to the consideration of approval of the recommendation which states: "denial reason #7 should be replaced by adding a new provision in a different section of the IRTP on when and how domains may be locked or unlocked", the GNSO Council requests ICANN Staff to provide a proposal for such a new provision, taking into account the IRTP Part B WG deliberations in relation to this issue (see IRTP Part B Final Report – (Recommendation #9 – part 2). Upon review of the proposal, the GNSO Council will consider whether to approve the recommendation.

The motion carried unanimously.

RESOLVED (E), prior to the consideration of approval of the recommendation regarding the standardizing and clarifying WHOIS status messages regarding Registrar Lock status, the GNSO Council requests ICANN staff to provide a proposal designed to ensure a technically feasible approach can be developed to meet this recommendation. Staff should take into account the IRTP Part B WG deliberations in relation to this issue (see IRTP Part B Final Report). (IRTP Part B Recommendation #8). The goal of these changes is to clarify why the Lock has been applied and how it can be changed. Upon review of the proposed plan, the GNSO Council will consider whether to approve the recommendation.

The motion carried unanimously.

RESOLVED (F)
, the GNSO Council will consider IRTP Part B Recommendation #3 concerning the request of an Issue Report on the requirement of 'thick' WHOIS for all incumbent gTLDs at its next meeting on 21 July.

The motion carried unanimously.

RESOLVED (G), the GNSO Council requests an Issue Report on IRTP Part C, which should include:

  • "Change of Control" function, including an investigation of how this function is currently achieved, if there are any applicable models in the country-code name space that can be used as a best practice for the gTLD space, and any associated security concerns. It should also include a review of locking procedures, as described in Reasons for Denial #8 and #9, with an aim to balance legitimate transfer activity and security. (IRTP Part B Recommendation #4)
  • Whether provisions on time-limiting Form Of Authorization (FOA)s should be implemented to avoid fraudulent transfers out. For example, if a Gaining Registrar sends and receives an FOA back from a transfer contact, but the name is locked, the registrar may hold the FOA pending adjustment to the domain name status, during which time the registrant or other registration information may have changed.
  • Whether the process could be streamlined by a requirement that registries use IANA IDs for registrars rather than proprietary IDs.

The motion carried unanimously.

Item 4: Operations Steering Committee (OSC) Proxy votes

Philip Sheppard, chair of the Operations Steering Committee (OSC), provided the Council with an overview of the recommendations of the revision to improve the procedures relating to proxy voting in the GNSO Council Operating Procedures to simplify and clarify the procedures relating to proxy voting.

Wolf-Ulrich Knoben, seconded by Stéphane van Gelder proposed a motion to revise the GNSO Council Operating Procedures relating to Proxy Voting.

WHEREAS, the GNSO Council recently identified areas for improvement in the GNSO Council Operating Procedures that would simplify and clarify the procedures relating to proxy voting;

WHEREAS, the GNSO Council tasked the Operations Steering Committee (OSC) with completing a revision to improve the procedures relating to proxy voting;

WHEREAS, the OSC submitted to the GNSO Council on 14 June 2011 recommended revisions
http://gnso.icann.org/drafts/osc-recommended-revisions-proxy-voting-14jun11-en.pdf

to the GNSO Council Operating Procedures to simplify and clarify the procedures relating to proxy voting;

NOW THEREFORE, BE IT:

RESOLVED, that the GNSO Council acknowledges receipt of the recommended revisions submitted by the OSC and directs Staff produce a redlined revision of the GNSO Council Operating Procedures incorporating the recommended revisions and to post this document for twenty-one (21) days in the ICANN Public Comment Forum.

RESOLVED FURTHER, that the GNSO Council shall take formal action on these recommendations, including potential modification, as soon as possible after the conclusion of the public comment period.

The motion carried unanimously.

Item 5: Community Working Groups

Jonathan Robinson provided an update to the Council on the group's work and noted that the goal was to produce a report that could be shared among at the Dakar meeting in October. community the In response to the action item on Community Working Groups on the GNSO Council agenda

There was a lively interaction between the Council and the audience.

Discussion details.

Item 6: Cartagena Board Resolution on Consumer Choice, Competition and Innovation (15 minutes)

Rosemary Sinclair provided an update to the Council on the group's work
http://singapore41.icann.org/meetings/singapore2011/presentation-competition-trust-choice-gnso-22jun11-en.pdf.
A number of community members from various parts of the GNSO and ALAC offered to participate in the intersessional work to follow. Rosemary Sinclair committed to involving the GAC and the ccNSO providing the Council agrees.

Steve Delbianco, intervening from the floor, suggested a three step plan:

Step one: Attempt to develop a set of standard definitions that all four groups, ALAC, GAC, GNSO and ccNSO can agree on.

Step two: Define measures/metrics to test, whether a survey or statistics would be used to do this.

Step three: Set targets for whatever metrics have been established.

It was further suggested that the chair of the drafting team develop the charter for review by the four other groups, rather than presenting it as a charter from the GNSO.

Item 7: Post-Expiry Domain Names Recovery

Alan Greenberg provided an update to the Council on the Final Report of the Post-Expiry Domain Names Recovery Final Report.

See Motion 3 for discussion only:
https://community.icann.org/display/gnsocouncilmeetings/Motions+22+June+2011

The motion will be discussed at the next Council meeting on 21 July 2011.

Item 8: Joint DNS Security and Stability Analysis Community Working Group (DSSA)

Jörg Schweiger, co-chair of the Joint DNS Security and Stability Analysis Community Working Group (DSSA), provided Council with an update on the group's work.

In conclusion he asked for ideas on how to solicit critical information on threats.

Item 9: GNSO improvements – Operations Steering Committee (OSC) Constituency and Stakeholder Group Operations Work Team

Olga Cavalli provided a brief update on the group's work noting that the group produced three documents, the toolkit of services, currently under implementation, the GNSO Operating Procedures which is completed and the Global Outreach Recommendations where an Outreach Task Force has been formed and all interested are invited to join by informing the GNSO Secretariat and Julie Hedlund, the staff support.

Item 10: Any Other Business

Edmon Chung, the Joint ccNSO-GNSO IDN (JIG) working group co-chair, provided the Council with an update on the group's work.

Next Steps:
Propose a motion at the next Council meeting on 21 July to extend the charter of the Joint ccNSO-GNSO IDN (JIG) working group.

Item 11: Open Microphone

Marilyn Cade proposed adding constituency/Stakeholder meetings over the weekend.

Mohamet Diop from Senegal urged outreach in Africa to increase the number of Registrars in the light of the new gTLD expansion.

Stéphane van Gelder thanked the hosts, meeting staff, Policy staff and all the volunteers on the Council and the Working Groups for the successful and productive meetings and their hard work.

Adrian Kinderis thanked the predecessors on the council for all their hard work and diligence in getting what was a key goal across the line.

Stéphane van Gelder adjourned the GNSO Council Public meeting and thanked everyone for their participation.
The meeting was adjourned at 17:50 Local time.

Next GNSO Council Teleconference will be on Thursday, 21 July 2011 at 11:00 UTC.
See: Calendar